96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1614

 

Introduced 2/19/2009, by Sen. M. Maggie Crotty

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-12   from Ch. 46, par. 7-12
10 ILCS 5/7-13   from Ch. 46, par. 7-13

    Amends the Election Code. Provides that nominating and objector petitions may be filed until 5:00 p.m. on the last day for filing those petitions.


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A BILL FOR

 

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1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing
5 Sections 7-12 and 7-13 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
8 mail 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 in
13 one county and partly in another county or counties, then,
14 except as otherwise provided in this Section, such petition for
15 nomination shall be filed in the principal office of the State
16 Board of Elections not more than 99 and not less than 92 days
17 prior to the date of the primary, but, in the case of petitions
18 for nomination to fill a vacancy by special election in the
19 office of representative in Congress from this State, such
20 petition for nomination shall be filed in the principal office
21 of the State Board of Elections not more than 57 days and not
22 less than 50 days prior to the date of the primary.
23     Where a vacancy occurs in the office of Supreme, Appellate

 

 

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1 or Circuit Court Judge within the 3-week period preceding the
2 92nd day before a general primary election, petitions for
3 nomination for the office in which the vacancy has occurred
4 shall be filed in the principal office of the State Board of
5 Elections not more than 78 nor less than 71 days prior to the
6 date of the general primary election.
7     Where the nomination is to be made for delegates or
8 alternate delegates to a national nominating convention, then
9 such petition for nomination shall be filed in the principal
10 office of the State Board of Elections not more than 99 and not
11 less than 92 days prior to the date of the primary; provided,
12 however, that if the rules or policies of a national political
13 party conflict with such requirements for filing petitions for
14 nomination for delegates or alternate delegates to a national
15 nominating convention, the chairman of the State central
16 committee of such national political party shall notify the
17 Board in writing, citing by reference the rules or policies of
18 the national political party in conflict, and in such case the
19 Board shall direct such petitions to be filed not more than 69
20 and not less than 62 days prior to the date of the primary.
21     (2) Where the nomination is to be made for a county office
22 or trustee of a sanitary district then such petition shall be
23 filed in the office of the county clerk not more than 99 nor
24 less than 92 days prior to the date of the primary.
25     (3) Where the nomination is to be made for a municipal or
26 township office, such petitions for nomination shall be filed

 

 

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1 in the office of the local election official, not more than 78
2 nor less than 71 days prior to the date of the primary;
3 provided, where a municipality's or township's boundaries are
4 coextensive with or are entirely within the jurisdiction of a
5 municipal board of election commissioners, the petitions shall
6 be filed in the office of such board; and provided, that
7 petitions for the office of multi-township assessor shall be
8 filed with the election authority.
9     (4) The petitions of candidates for State central
10 committeeman shall be filed in the principal office of the
11 State Board of Elections not more than 99 nor less than 92 days
12 prior to the date of the primary.
13     (5) Petitions of candidates for precinct, township or ward
14 committeemen shall be filed in the office of the county clerk
15 not more than 99 nor less than 92 days prior to the date of the
16 primary.
17     (6) The State Board of Elections and the various election
18 authorities and local election officials with whom such
19 petitions for nominations are filed shall specify the place
20 where filings shall be made and upon receipt shall endorse
21 thereon the day and hour on which each petition was filed. All
22 petitions filed by persons waiting in line as of 8:00 a.m. on
23 the first day for filing, or as of the normal opening hour of
24 the office involved on such day, shall be deemed filed as of
25 8:00 a.m. or the normal opening hour, as the case may be.
26 Petitions filed by mail and received after midnight of the

 

 

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1 first day for filing and in the first mail delivery or pickup
2 of that day shall be deemed as filed as of 8:00 a.m. of that day
3 or as of the normal opening hour of such day, as the case may
4 be. All petitions received thereafter shall be deemed as filed
5 in the order of actual receipt. Where 2 or more petitions are
6 received simultaneously, the State Board of Elections or the
7 various election authorities or local election officials with
8 whom such petitions are filed shall break ties and determine
9 the order of filing, by means of a lottery or other fair and
10 impartial method of random selection approved by the State
11 Board of Elections. Such lottery shall be conducted within 9
12 days following the last day for petition filing and shall be
13 open to the public. Seven days written notice of the time and
14 place of conducting such random selection shall be given by the
15 State Board of Elections to the chairman of the State central
16 committee of each established political party, and by each
17 election authority or local election official, to the County
18 Chairman of each established political party, and to each
19 organization of citizens within the election jurisdiction
20 which was entitled, under this Article, at the next preceding
21 election, to have pollwatchers present on the day of election.
22 The State Board of Elections, election authority or local
23 election official shall post in a conspicuous, open and public
24 place, at the entrance of the office, notice of the time and
25 place of such lottery. The State Board of Elections shall adopt
26 rules and regulations governing the procedures for the conduct

 

 

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1 of such lottery. All candidates shall be certified in the order
2 in which their petitions have been filed. Where candidates have
3 filed simultaneously, they shall be certified in the order
4 determined by lot and prior to candidates who filed for the
5 same office at a later time.
6     (7) The State Board of Elections or the appropriate
7 election authority or local election official with whom such a
8 petition for nomination is filed shall notify the person for
9 whom a petition for nomination has been filed of the obligation
10 to file statements of organization, reports of campaign
11 contributions, and annual reports of campaign contributions
12 and expenditures under Article 9 of this Act. Such notice shall
13 be given in the manner prescribed by paragraph (7) of Section
14 9-16 of this Code.
15     (8) Nomination papers filed under this Section are not
16 valid if the candidate named therein fails to file a statement
17 of economic interests as required by the Illinois Governmental
18 Ethics Act in relation to his candidacy with the appropriate
19 officer by the end of the period for the filing of nomination
20 papers unless he has filed a statement of economic interests in
21 relation to the same governmental unit with that officer within
22 a year preceding the date on which such nomination papers were
23 filed. If the nomination papers of any candidate and the
24 statement of economic interest of that candidate are not
25 required to be filed with the same officer, the candidate must
26 file with the officer with whom the nomination papers are filed

 

 

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1 a receipt from the officer with whom the statement of economic
2 interests is filed showing the date on which such statement was
3 filed. Such receipt shall be so filed not later than the last
4 day on which nomination papers may be filed.
5     (9) Any person for whom a petition for nomination, or for
6 committeeman or for delegate or alternate delegate to a
7 national nominating convention has been filed may cause his
8 name to be withdrawn by request in writing, signed by him and
9 duly acknowledged before an officer qualified to take
10 acknowledgments of deeds, and filed in the principal or
11 permanent branch office of the State Board of Elections or with
12 the appropriate election authority or local election official,
13 not later than the date of certification of candidates for the
14 consolidated primary or general primary ballot. No names so
15 withdrawn shall be certified or printed on the primary ballot.
16 If petitions for nomination have been filed for the same person
17 with respect to more than one political party, his name shall
18 not be certified nor printed on the primary ballot of any
19 party. If petitions for nomination have been filed for the same
20 person for 2 or more offices which are incompatible so that the
21 same person could not serve in more than one of such offices if
22 elected, that person must withdraw as a candidate for all but
23 one of such offices within the 5 business days following the
24 last day for petition filing. If he fails to withdraw as a
25 candidate for all but one of such offices within such time his
26 name shall not be certified, nor printed on the primary ballot,

 

 

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

 

 

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

 

 

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

 

 

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1 petitions shall be void.
2     (11.5) Nominating petitions may be filed, and shall be
3 accepted for filing, until 5:00 p.m. on the last day for filing
4 those petitions.
5     (12) All nominating petitions shall be available for public
6 inspection and shall be preserved for a period of not less than
7 6 months.
8 (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089;
9 87-1052.)
 
10     (10 ILCS 5/7-13)  (from Ch. 46, par. 7-13)
11     Sec. 7-13. The board of election commissioners in cities of
12 500,000 or more population having such board, shall constitute
13 an electoral board for the hearing and passing upon objections
14 to nomination petitions for ward committeemen.
15     Such objections shall be filed in the office of the county
16 clerk not less than 81 days prior to the primary. The objection
17 shall state the name and address of the objector, who may be
18 any qualified elector in the ward, the specific grounds of
19 objection and the relief requested of the electoral board. Upon
20 the receipt of the objection, the county clerk shall forthwith
21 transmit such objection and the petition of the candidate to
22 the board of election commissioners. The board of election
23 commissioners shall forthwith notify the objector and
24 candidate objected to of the time and place for hearing hereon.
25 After a hearing upon the validity of such objections, the board

 

 

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1 shall, not less than 74 days prior to the date of the primary,
2 certify to the county clerk, its decision stating whether or
3 not the name of the candidate shall be printed on the ballot
4 and the county clerk in his or her certificate to the board of
5 election commissioners shall leave off of the certificate the
6 name of the candidate for ward committeeman that the election
7 commissioners order not to be printed on the ballot. However,
8 the decision of the board of election commissioners is subject
9 to judicial review as provided in Section 10-10.1.
10     The county electoral board composed as provided in Section
11 10-9 shall constitute an electoral board for the hearing and
12 passing upon objections to nomination petitions for precinct
13 and township committeemen. Such objections shall be filed in
14 the office of the county clerk not less than 81 days prior to
15 the primary. The objection shall state the name and address of
16 the objector who may be any qualified elector in the precinct
17 or in the township or part of a township that lies outside of a
18 city having a population of 500,000 or more, the specific
19 grounds of objection and the relief requested of the electoral
20 board. Upon the receipt of the objection the county clerk shall
21 forthwith transmit such objection and the petition of the
22 candidate to the chairman of the county electoral board. The
23 chairman of the county electoral board shall forthwith notify
24 the objector, the candidate whose petition is objected to and
25 the other members of the electoral board of the time and place
26 for hearing thereon. After hearing upon the validity of such

 

 

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1 objections the board shall, not less than 74 days prior to the
2 date of the primary, certify its decision to the county clerk
3 stating whether or not the name of the candidate shall be
4 printed on the ballot, and the county clerk, in his or her
5 certificate to the board of election commissioners, shall leave
6 off of the certificate the name of the candidate ordered by the
7 board not to be printed on the ballot, and the county clerk
8 shall also refrain from printing on the official primary
9 ballot, the name of any candidate whose name has been ordered
10 by the electoral board not to be printed on the ballot.
11 However, the decision of the board is subject to judicial
12 review as provided in Section 10-10.1.
13     In such proceedings the electoral boards have the same
14 powers as other electoral boards under the provisions of
15 Section 10-10 of this Act and their decisions are subject to
16 judicial review under Section 10-10.1.
17     An objector's petition may be filed, and shall be accepted
18 for filing, until 5:00 p.m. on the last day for filing such a
19 petition.
20 (Source: P.A. 84-1308.)