101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0045

 

Introduced 1/9/2019, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-10  from Ch. 46, par. 7-10
10 ILCS 5/8-8  from Ch. 46, par. 8-8
10 ILCS 5/10-4  from Ch. 46, par. 10-4

    Amends the Election Code. Provides that a person must be 17 years of age or older (currently, 18 years of age or older) to circulate petitions for nomination.


LRB101 00267 HLH 45271 b

 

 

A BILL FOR

 

HB0045LRB101 00267 HLH 45271 b

1    AN ACT concerning revenue.
 
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 7-10, 8-8, and 10-4 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 committeeperson, or
9township committeeperson, or precinct committeeperson, or ward
10committeeperson or candidate for delegate or alternate
11delegate to national nominating conventions, shall be printed
12upon the primary ballot unless a petition for nomination has
13been filed in his behalf as provided in this Article in
14substantially the following 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 committeepersons for election to)
21the office or offices hereinafter specified, to be voted for at
22the primary 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 17 18 years of age or older, that I am a
11citizen of the United States, and that the signatures on this
12sheet were signed in my presence, and are genuine, and that to
13the best of my knowledge and belief the persons so signing were
14at the time of signing the petitions qualified voters of the
15.... party, and that their respective residences are correctly
16stated, as above set forth.
17
.........................
18    Subscribed and sworn to before me on (insert date).
19
.........................

 
20    Each sheet of the petition other than the statement of
21candidacy and candidate's statement shall be of uniform size
22and shall contain above the space for signatures an appropriate
23heading giving the information as to name of candidate or

 

 

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

 

 

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

 

 

 

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

 

 

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

 

 

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1(Seal, if officer has one.)
 
2    The petitions, when filed, shall not be withdrawn or added
3to, and no signatures shall be revoked except by revocation
4filed in writing with the State Board of Elections, election
5authority or local election official with whom the petition is
6required to be filed, and before the filing of such petition.
7Whoever forges the name of a signer upon any petition required
8by this Article is deemed guilty of a forgery and on conviction
9thereof shall be punished accordingly.
10    A candidate for the offices listed in this Section must
11obtain the number of signatures specified in this Section on
12his or her petition for nomination.
13    (a) Statewide office or delegate to a national nominating
14convention. If a candidate seeks to run for statewide office or
15as a delegate or alternate delegate to a national nominating
16convention elected from the State at-large, then the
17candidate's petition for nomination must contain at least 5,000
18but not more than 10,000 signatures.
19    (b) Congressional office or congressional delegate to a
20national nominating convention. If a candidate seeks to run for
21United States Congress or as a congressional delegate or
22alternate congressional delegate to a national nominating
23convention elected from a congressional district, then the
24candidate's petition for nomination must contain at least the
25number of signatures equal to 0.5% of the qualified primary

 

 

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1electors of his or her party in his or her congressional
2district. In the first primary election following a
3redistricting of congressional districts, a candidate's
4petition for nomination must contain at least 600 signatures of
5qualified primary electors of the candidate's political party
6in his or her congressional district.
7    (c) County office. If a candidate seeks to run for any
8countywide office, including but not limited to county board
9chairperson or county board member, elected on an at-large
10basis, in a county other than Cook County, then the candidate's
11petition for nomination must contain at least the number of
12signatures equal to 0.5% of the qualified electors of his or
13her party who cast votes at the last preceding general election
14in his or her county. If a candidate seeks to run for county
15board member elected from a county board district, then the
16candidate's petition for nomination must contain at least the
17number of signatures equal to 0.5% of the qualified primary
18electors of his or her party in the county board district. In
19the first primary election following a redistricting of county
20board districts or the initial establishment of county board
21districts, a candidate's petition for nomination must contain
22at least the number of signatures equal to 0.5% of the
23qualified electors of his or her party in the entire county who
24cast votes at the last preceding general election divided by
25the total number of county board districts comprising the
26county board; provided that in no event shall the number of

 

 

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

 

 

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

 

 

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1least 0.5% of the total number of votes cast for the candidate
2of that political party who received the highest number of
3votes in the entire municipality at the last regular election
4at which an officer was regularly scheduled to be elected from
5the entire municipality, divided by the number of wards or
6districts. In no event shall the number of signatures be less
7than 25.
8    (f) State central committeeperson. If a candidate seeks to
9run for State central committeeperson, then the candidate's
10petition for nomination must contain at least 100 signatures of
11the primary electors of his or her party of his or her
12congressional district.
13    (g) Sanitary district trustee. If a candidate seeks to run
14for trustee of a sanitary district in which trustees are not
15elected from wards, then the candidate's petition for
16nomination must contain at least the number of signatures equal
17to 0.5% of the primary electors of his or her party from the
18sanitary district. If a candidate seeks to run for trustee of a
19sanitary district in which trustees are elected from wards,
20then the candidate's petition for nomination must contain at
21least the number of signatures equal to 0.5% of the primary
22electors of his or her party in the ward of that sanitary
23district. In the first primary election following
24redistricting of sanitary districts elected from wards, a
25candidate's petition for nomination must contain at least the
26signatures of 150 qualified primary electors of his or her ward

 

 

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1of that sanitary district.
2    (h) Judicial office. If a candidate seeks to run for
3judicial office in a district, then the candidate's petition
4for nomination must contain the number of signatures equal to
50.4% of the number of votes cast in that district for the
6candidate for his or her political party for the office of
7Governor at the last general election at which a Governor was
8elected, but in no event less than 500 signatures. If a
9candidate seeks to run for judicial office in a circuit or
10subcircuit, then the candidate's petition for nomination must
11contain the number of signatures equal to 0.25% of the number
12of votes cast for the judicial candidate of his or her
13political party who received the highest number of votes at the
14last general election at which a judicial officer from the same
15circuit or subcircuit was regularly scheduled to be elected,
16but in no event less than 1,000 signatures in circuits and
17subcircuits located in the First Judicial District or 500
18signatures in every other Judicial District.
19    (i) Precinct, ward, and township committeeperson. If a
20candidate seeks to run for precinct committeeperson, then the
21candidate's petition for nomination must contain at least 10
22signatures of the primary electors of his or her party for the
23precinct. If a candidate seeks to run for ward committeeperson,
24then the candidate's petition for nomination must contain no
25less than the number of signatures equal to 10% of the primary
26electors of his or her party of the ward, but no more than 16%

 

 

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

 

 

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

 

 

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1(Source: P.A. 100-1027, eff. 1-1-19.)
 
2    (10 ILCS 5/8-8)  (from Ch. 46, par. 8-8)
3    Sec. 8-8. Form of petition for nomination. The name of no
4candidate for nomination shall be printed upon the primary
5ballot unless a petition for nomination shall have been filed
6in his behalf as provided for in this Section. Each such
7petition shall include as a part thereof the oath required by
8Section 7-10.1 of this Act and a statement of candidacy by the
9candidate filing or in whose behalf the petition is filed. This
10statement shall set out the address of such candidate, the
11office for which he is a candidate, shall state that the
12candidate is a qualified primary voter of the party to which
13the petition relates, is qualified for the office specified and
14has filed a statement of economic interests as required by the
15Illinois Governmental Ethics Act, shall request that the
16candidate's name be placed upon the official ballot and shall
17be subscribed and sworn by such candidate before some officer
18authorized to take acknowledgment of deeds in this State and
19may be in substantially the following form:
20State of Illinois)
21                 ) ss.
22County ..........)
23    I, ...., being first duly sworn, say that I reside at ....
24street in the city (or village of) .... in the county of ....
25State of Illinois; that I am a qualified voter therein and am a

 

 

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1qualified primary voter of .... party; that I am a candidate
2for nomination to the office of .... to be voted upon at the
3primary election to be held on (insert date); that I am legally
4qualified to hold such office and that I have filed a statement
5of economic interests as required by the Illinois Governmental
6Ethics Act and I hereby request that my name be printed upon
7the official primary ballot for nomination for such office.
8
Signed ....................
9    Subscribed and sworn to (or affirmed) before me by ....,
10who is to me personally known, on (insert date).
11
Signed .... (Official Character)
12
(Seal if officer has one.)
13    The receipt issued by the Secretary of State indicating
14that the candidate has filed the statement of economic
15interests required by the Illinois Governmental Ethics Act must
16be filed with the petitions for nomination as provided in
17subsection (8) of Section 7-12 of this Code.
18    All petitions for nomination for the office of State
19Senator shall be signed by at least 1,000 but not more than
203,000 of the qualified primary electors of the candidate's
21party in his legislative district.
22    All petitions for nomination for the office of
23Representative in the General Assembly shall be signed by at
24least 500 but not more than 1,500 of the qualified primary
25electors of the candidate's party in his or her representative
26district.

 

 

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1    Opposite the signature of each qualified primary elector
2who signs a petition for nomination for the office of State
3Representative or State Senator such elector's residence
4address shall be written or printed. The residence address
5required to be written or printed opposite each qualified
6primary elector's name shall include the street address or
7rural route number of the signer, as the case may be, as well
8as the signer's county and city, village or town.
9    For the purposes of this Section, the number of primary
10electors shall be determined by taking the total vote cast, in
11the applicable district, for the candidate for such political
12party who received the highest number of votes, state-wide, at
13the last general election in the State at which electors for
14President of the United States were elected.
15    A "qualified primary elector" of a party may not sign
16petitions for or be a candidate in the primary of more than one
17party.
18    In the affidavit at the bottom of each sheet, the petition
19circulator, who shall be a person 17 18 years of age or older
20who is a citizen of the United States, shall state his or her
21street address or rural route number, as the case may be, as
22well as his or her county, city, village or town, and state;
23and shall certify that the signatures on that sheet of the
24petition were signed in his or her presence; and shall certify
25that the signatures are genuine; and shall certify that to the
26best of his or her knowledge and belief the persons so signing

 

 

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1were at the time of signing the petition qualified primary
2voters for which the nomination is sought.
3    In the affidavit at the bottom of each petition sheet, the
4petition circulator shall either (1) indicate the dates on
5which he or she circulated that sheet, or (2) indicate the
6first and last dates on which the sheet was circulated, or (3)
7certify that none of the signatures on the sheet were signed
8more than 90 days preceding the last day for the filing of the
9petition. No petition sheet shall be circulated more than 90
10days preceding the last day provided in Section 8-9 for the
11filing of such petition.
12    All petition sheets which are filed with the State Board of
13Elections shall be the original sheets which have been signed
14by the voters and by the circulator, and not photocopies or
15duplicates of such sheets.
16    The person circulating the petition, or the candidate on
17whose behalf the petition is circulated, may strike any
18signature from the petition, provided that:
19        (1) the person striking the signature shall initial the
20    petition at the place where the signature is struck; and
21        (2) the person striking the signature shall sign a
22    certification listing the page number and line number of
23    each signature struck from the petition. Such
24    certification shall be filed as a part of the petition.
25(Source: P.A. 97-81, eff. 7-5-11.)
 

 

 

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1    (10 ILCS 5/10-4)  (from Ch. 46, par. 10-4)
2    Sec. 10-4. Form of petition for nomination. All petitions
3for nomination under this Article 10 for candidates for public
4office in this State, shall in addition to other requirements
5provided by law, be as follows: Such petitions shall consist of
6sheets of uniform size and each sheet shall contain, above the
7space for signature, an appropriate heading, giving the
8information as to name of candidate or candidates in whose
9behalf such petition is signed; the office; the party; place of
10residence; and such other information or wording as required to
11make same valid, and the heading of each sheet shall be the
12same. Such petition shall be signed by the qualified voters in
13their own proper persons only, and opposite the signature of
14each signer his residence address shall be written or printed.
15The residence address required to be written or printed
16opposite each qualified primary elector's name shall include
17the street address or rural route number of the signer, as the
18case may be, as well as the signer's county, and city, village
19or town, and state. However, the county or city, village or
20town, and state of residence of such electors may be printed on
21the petition forms where all of the electors signing the
22petition reside in the same county or city, village or town,
23and state. Standard abbreviations may be used in writing the
24residence address, including street number, if any. No
25signature shall be valid or be counted in considering the
26validity or sufficiency of such petition unless the

 

 

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1requirements of this Section are complied with. At the bottom
2of each sheet of such petition shall be added a circulator's
3statement, signed by a person 17 18 years of age or older who
4is a citizen of the United States; stating the street address
5or rural route number, as the case may be, as well as the
6county, city, village or town, and state; certifying that the
7signatures on that sheet of the petition were signed in his or
8her presence; certifying that the signatures are genuine; and
9either (1) indicating the dates on which that sheet was
10circulated, or (2) indicating the first and last dates on which
11the sheet was circulated, or (3) certifying that none of the
12signatures on the sheet were signed more than 90 days preceding
13the last day for the filing of the petition; and certifying
14that to the best of his knowledge and belief the persons so
15signing were at the time of signing the petition duly
16registered voters under Articles 4, 5 or 6 of the Code of the
17political subdivision or district for which the candidate or
18candidates shall be nominated, and certifying that their
19respective residences are correctly stated therein. Such
20statement shall be sworn to before some officer authorized to
21administer oaths in this State. No petition sheet shall be
22circulated more than 90 days preceding the last day provided in
23Section 10-6 for the filing of such petition. Such sheets,
24before being presented to the electoral board or filed with the
25proper officer of the electoral district or division of the
26state or municipality, as the case may be, shall be neatly

 

 

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1fastened together in book form, by placing the sheets in a pile
2and fastening them together at one edge in a secure and
3suitable manner, and the sheets shall then be numbered
4consecutively. The sheets shall not be fastened by pasting them
5together end to end, so as to form a continuous strip or roll.
6All petition sheets which are filed with the proper local
7election officials, election authorities or the State Board of
8Elections shall be the original sheets which have been signed
9by the voters and by the circulator, and not photocopies or
10duplicates of such sheets. A petition, when presented or filed,
11shall not be withdrawn, altered, or added to, and no signature
12shall be revoked except by revocation in writing presented or
13filed with the officers or officer with whom the petition is
14required to be presented or filed, and before the presentment
15or filing of such petition. Whoever forges any name of a signer
16upon any petition shall be deemed guilty of a forgery, and on
17conviction thereof, shall be punished accordingly. The word
18"petition" or "petition for nomination", as used herein, shall
19mean what is sometimes known as nomination papers, in
20distinction to what is known as a certificate of nomination.
21The words "political division for which the candidate is
22nominated", or its equivalent, shall mean the largest political
23division in which all qualified voters may vote upon such
24candidate or candidates, as the state in the case of state
25officers; the township in the case of township officers et
26cetera. Provided, further, that no person shall circulate or

 

 

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1certify petitions for candidates of more than one political
2party, or for an independent candidate or candidates in
3addition to one political party, to be voted upon at the next
4primary or general election, or for such candidates and parties
5with respect to the same political subdivision at the next
6consolidated election.
7(Source: P.A. 98-756, eff. 7-16-14.)