SB3012 Enrolled LRB096 19629 JAM 35025 b

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 7-11, 7-12, 7-13, 7-13.1, 7-14, 7-60, 7-60.1, 8-9,
6 8-17, 8-17.1, 10-6, 10-9, 10-10, 10-10.1, 10-11.1, 10-11.2,
7 10-14, 10-15, 19-2.1, 19-3, and 28-2 and by adding Section 1-20
8 as follows:
 
9     (10 ILCS 5/1-20 new)
10     Sec. 1-20. Public university registration and voting pilot
11 project. For the 2010 general election, each appropriate
12 election authority shall conduct grace period registration and
13 early voting in a high traffic location on the main campus of
14 each public university within the election authority's
15 jurisdiction. For the purposes of this Section, "public
16 university" means the University of Illinois, Southern
17 Illinois University, Chicago State University, Eastern
18 Illinois University, Governors State University, Illinois
19 State University, Northeastern Illinois University, Northern
20 Illinois University, and Western Illinois University. The
21 registration conducted under this Section shall be available to
22 any qualified resident of this State.
23     The registration and voting required by this Section to be

 

 

SB3012 Enrolled - 2 - LRB096 19629 JAM 35025 b

1 conducted on campus must be conducted as otherwise required by
2 this Code.
3     Each public university shall make the space available in a
4 high traffic area for, and cooperate and coordinate with the
5 appropriate election authority in, the implementation of this
6 Section.
7     By March 1, 2011, the election authorities affected by this
8 pilot project shall report to the State Board of Elections the
9 following information: (i) the total number of individuals that
10 engaged in grace period registration or early voting at the
11 campus site and (ii) how grace period registration or early
12 voting at the campus site was conducted.
13     This Section is repealed March 2, 2011.
 
14     (10 ILCS 5/7-11)  (from Ch. 46, par. 7-11)
15     Sec. 7-11. Any candidate for President of the United States
16 may have his name printed upon the primary ballot of his
17 political party by filing in the office of the State Board of
18 Elections not more than 113 99 and not less than 106 92 days
19 prior to the date of the general primary, in any year in which
20 a Presidential election is to be held, a petition signed by not
21 less than 3000 or more than 5000 primary electors, members of
22 and affiliated with the party of which he is a candidate, and
23 no candidate for President of the United States, who fails to
24 comply with the provisions of this Article shall have his name
25 printed upon any primary ballot: Provided, however, that if the

 

 

SB3012 Enrolled - 3 - LRB096 19629 JAM 35025 b

1 rules or policies of a national political party conflict with
2 such requirements for filing petitions for President of the
3 United States in a presidential preference primary, the
4 Chairman of the State central committee of such national
5 political party shall notify the State Board of Elections in
6 writing, citing by reference the rules or policies of the
7 national political party in conflict, and in such case the
8 Board shall direct such petitions to be filed not more than 69
9 and not less than 62 days prior to the date of the general
10 primary, in any year in which a Presidential election is to be
11 held. Provided, further, unless rules or policies of a national
12 political party otherwise provide, the vote for President of
13 the United States, as herein provided for, shall be for the
14 sole purpose of securing an expression of the sentiment and
15 will of the party voters with respect to candidates for
16 nomination for said office, and the vote of the state at large
17 shall be taken and considered as advisory to the delegates and
18 alternates at large to the national conventions of respective
19 political parties; and the vote of the respective congressional
20 districts shall be taken and considered as advisory to the
21 delegates and alternates of said congressional districts to the
22 national conventions of the respective political parties.
23 (Source: P.A. 86-873; 86-1089.)
 
24     (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
25     Sec. 7-12. All petitions for nomination shall be filed by

 

 

SB3012 Enrolled - 4 - LRB096 19629 JAM 35025 b

1 mail or in person as follows:
2     (1) Where the nomination is to be made for a State,
3 congressional, or judicial office, or for any office a
4 nomination for which is made for a territorial division or
5 district which comprises more than one county or is partly in
6 one county and partly in another county or counties, then,
7 except as otherwise provided in this Section, such petition for
8 nomination shall be filed in the principal office of the State
9 Board of Elections not more than 113 99 and not less than 106
10 92 days prior to the date of the primary, but, in the case of
11 petitions for nomination to fill a vacancy by special election
12 in the office of representative in Congress from this State,
13 such petition for nomination shall be filed in the principal
14 office of the State Board of Elections not more than 57 days
15 and not less than 50 days prior to the date of the primary.
16     Where a vacancy occurs in the office of Supreme, Appellate
17 or Circuit Court Judge within the 3-week period preceding the
18 106th 92nd day before a general primary election, petitions for
19 nomination for the office in which the vacancy has occurred
20 shall be filed in the principal office of the State Board of
21 Elections not more than 92 78 nor less than 85 71 days prior to
22 the date of the general primary election.
23     Where the nomination is to be made for delegates or
24 alternate delegates to a national nominating convention, then
25 such petition for nomination shall be filed in the principal
26 office of the State Board of Elections not more than 113 99 and

 

 

SB3012 Enrolled - 5 - LRB096 19629 JAM 35025 b

1 not less than 106 92 days prior to the date of the primary;
2 provided, however, that if the rules or policies of a national
3 political party conflict with such requirements for filing
4 petitions for nomination for delegates or alternate delegates
5 to a national nominating convention, the chairman of the State
6 central committee of such national political party shall notify
7 the Board in writing, citing by reference the rules or policies
8 of the national political party in conflict, and in such case
9 the Board shall direct such petitions to be filed not more than
10 83 69 and not less than 76 62 days prior to the date of the
11 primary.
12     (2) Where the nomination is to be made for a county office
13 or trustee of a sanitary district then such petition shall be
14 filed in the office of the county clerk not more than 113 99
15 nor less than 106 92 days prior to the date of the primary.
16     (3) Where the nomination is to be made for a municipal or
17 township office, such petitions for nomination shall be filed
18 in the office of the local election official, not more than 99
19 78 nor less than 92 71 days prior to the date of the primary;
20 provided, where a municipality's or township's boundaries are
21 coextensive with or are entirely within the jurisdiction of a
22 municipal board of election commissioners, the petitions shall
23 be filed in the office of such board; and provided, that
24 petitions for the office of multi-township assessor shall be
25 filed with the election authority.
26     (4) The petitions of candidates for State central

 

 

SB3012 Enrolled - 6 - LRB096 19629 JAM 35025 b

1 committeeman shall be filed in the principal office of the
2 State Board of Elections not more than 113 99 nor less than 106
3 92 days prior to the date of the primary.
4     (5) Petitions of candidates for precinct, township or ward
5 committeemen shall be filed in the office of the county clerk
6 not more than 113 99 nor less than 106 92 days prior to the date
7 of the primary.
8     (6) The State Board of Elections and the various election
9 authorities and local election officials with whom such
10 petitions for nominations are filed shall specify the place
11 where filings shall be made and upon receipt shall endorse
12 thereon the day and hour on which each petition was filed. All
13 petitions filed by persons waiting in line as of 8:00 a.m. on
14 the first day for filing, or as of the normal opening hour of
15 the office involved on such day, shall be deemed filed as of
16 8:00 a.m. or the normal opening hour, as the case may be.
17 Petitions filed by mail and received after midnight of the
18 first day for filing and in the first mail delivery or pickup
19 of that day shall be deemed as filed as of 8:00 a.m. of that day
20 or as of the normal opening hour of such day, as the case may
21 be. All petitions received thereafter shall be deemed as filed
22 in the order of actual receipt. Where 2 or more petitions are
23 received simultaneously, the State Board of Elections or the
24 various election authorities or local election officials with
25 whom such petitions are filed shall break ties and determine
26 the order of filing, by means of a lottery or other fair and

 

 

SB3012 Enrolled - 7 - LRB096 19629 JAM 35025 b

1 impartial method of random selection approved by the State
2 Board of Elections. Such lottery shall be conducted within 9
3 days following the last day for petition filing and shall be
4 open to the public. Seven days written notice of the time and
5 place of conducting such random selection shall be given by the
6 State Board of Elections to the chairman of the State central
7 committee of each established political party, and by each
8 election authority or local election official, to the County
9 Chairman of each established political party, and to each
10 organization of citizens within the election jurisdiction
11 which was entitled, under this Article, at the next preceding
12 election, to have pollwatchers present on the day of election.
13 The State Board of Elections, election authority or local
14 election official shall post in a conspicuous, open and public
15 place, at the entrance of the office, notice of the time and
16 place of such lottery. The State Board of Elections shall adopt
17 rules and regulations governing the procedures for the conduct
18 of such lottery. All candidates shall be certified in the order
19 in which their petitions have been filed. Where candidates have
20 filed simultaneously, they shall be certified in the order
21 determined by lot and prior to candidates who filed for the
22 same office at a later time.
23     (7) The State Board of Elections or the appropriate
24 election authority or local election official with whom such a
25 petition for nomination is filed shall notify the person for
26 whom a petition for nomination has been filed of the obligation

 

 

SB3012 Enrolled - 8 - LRB096 19629 JAM 35025 b

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

 

 

SB3012 Enrolled - 9 - LRB096 19629 JAM 35025 b

1 acknowledgments of deeds, and filed in the principal or
2 permanent branch office of the State Board of Elections or with
3 the appropriate election authority or local election official,
4 not later than the date of certification of candidates for the
5 consolidated primary or general primary ballot. No names so
6 withdrawn shall be certified or printed on the primary ballot.
7 If petitions for nomination have been filed for the same person
8 with respect to more than one political party, his name shall
9 not be certified nor printed on the primary ballot of any
10 party. If petitions for nomination have been filed for the same
11 person for 2 or more offices which are incompatible so that the
12 same person could not serve in more than one of such offices if
13 elected, that person must withdraw as a candidate for all but
14 one of such offices within the 5 business days following the
15 last day for petition filing. If he fails to withdraw as a
16 candidate for all but one of such offices within such time his
17 name shall not be certified, nor printed on the primary ballot,
18 for any office. For the purpose of the foregoing provisions, an
19 office in a political party is not incompatible with any other
20 office.
21     (10) (a) Notwithstanding the provisions of any other
22     statute, no primary shall be held for an established
23     political party in any township, municipality, or ward
24     thereof, where the nomination of such party for every
25     office to be voted upon by the electors of such township,
26     municipality, or ward thereof, is uncontested. Whenever a

 

 

SB3012 Enrolled - 10 - LRB096 19629 JAM 35025 b

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

 

 

SB3012 Enrolled - 11 - LRB096 19629 JAM 35025 b

1     election to said office. This subsection (b) shall not
2     apply if such primary election is conducted on a regularly
3     scheduled election day.
4         (c) Notwithstanding the provisions in subparagraph (a)
5     and (b) of this paragraph (10), whenever a person who has
6     not timely filed valid nomination papers and who intends to
7     become a write-in candidate for a political party's
8     nomination for any office for which the nomination is
9     uncontested files a written statement or notice of that
10     intent with the State Board of Elections or the local
11     election official with whom nomination papers for such
12     office are filed, a primary ballot shall be prepared and a
13     primary shall be held for that office. Such statement or
14     notice shall be filed on or before the date established in
15     this Article for certifying candidates for the primary
16     ballot. Such statement or notice shall contain (i) the name
17     and address of the person intending to become a write-in
18     candidate, (ii) a statement that the person is a qualified
19     primary elector of the political party from whom the
20     nomination is sought, (iii) a statement that the person
21     intends to become a write-in candidate for the party's
22     nomination, and (iv) the office the person is seeking as a
23     write-in candidate. An election authority shall have no
24     duty to conduct a primary and prepare a primary ballot for
25     any office for which the nomination is uncontested unless a
26     statement or notice meeting the requirements of this

 

 

SB3012 Enrolled - 12 - LRB096 19629 JAM 35025 b

1     Section is filed in a timely manner.
2     (11) If multiple sets of nomination papers are filed for a
3 candidate to the same office, the State Board of Elections,
4 appropriate election authority or local election official
5 where the petitions are filed shall within 2 business days
6 notify the candidate of his or her multiple petition filings
7 and that the candidate has 3 business days after receipt of the
8 notice to notify the State Board of Elections, appropriate
9 election authority or local election official that he or she
10 may cancel prior sets of petitions. If the candidate notifies
11 the State Board of Elections, appropriate election authority or
12 local election official, the last set of petitions filed shall
13 be the only petitions to be considered valid by the State Board
14 of Elections, election authority or local election official. If
15 the candidate fails to notify the State Board of Elections,
16 election authority or local election official then only the
17 first set of petitions filed shall be valid and all subsequent
18 petitions shall be void.
19     (12) All nominating petitions shall be available for public
20 inspection and shall be preserved for a period of not less than
21 6 months.
22 (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089;
23 87-1052.)
 
24     (10 ILCS 5/7-13)  (from Ch. 46, par. 7-13)
25     Sec. 7-13. The board of election commissioners in cities of

 

 

SB3012 Enrolled - 13 - LRB096 19629 JAM 35025 b

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

 

 

SB3012 Enrolled - 14 - LRB096 19629 JAM 35025 b

1 passing upon objections to nomination petitions for precinct
2 and township committeemen. Such objections shall be filed in
3 the office of the county clerk within 5 business days after the
4 last day for filing nomination papers not less than 81 days
5 prior to the primary. The objection shall state the name and
6 address of the objector who may be any qualified elector in the
7 precinct or in the township or part of a township that lies
8 outside of a city having a population of 500,000 or more, the
9 specific grounds of objection and the relief requested of the
10 electoral board. Upon the receipt of the objection the county
11 clerk shall forthwith transmit such objection and the petition
12 of the candidate to the chairman of the county electoral board.
13 The chairman of the county electoral board shall forthwith
14 notify the objector, the candidate whose petition is objected
15 to and the other members of the electoral board of the time and
16 place for hearing thereon. After hearing upon the validity of
17 such objections the board shall, not less than 74 days prior to
18 the date of the primary, certify its decision to the county
19 clerk stating whether or not the name of the candidate shall be
20 printed on the ballot, and the county clerk, in his or her
21 certificate to the board of election commissioners, shall leave
22 off of the certificate the name of the candidate ordered by the
23 board not to be printed on the ballot, and the county clerk
24 shall also refrain from printing on the official primary
25 ballot, the name of any candidate whose name has been ordered
26 by the electoral board not to be printed on the ballot.

 

 

SB3012 Enrolled - 15 - LRB096 19629 JAM 35025 b

1 However, the decision of the board is subject to judicial
2 review as provided in Section 10-10.1.
3     In such proceedings the electoral boards have the same
4 powers as other electoral boards under the provisions of
5 Section 10-10 of this Act and their decisions are subject to
6 judicial review under Section 10-10.1.
7 (Source: P.A. 84-1308.)
 
8     (10 ILCS 5/7-13.1)  (from Ch. 46, par. 7-13.1)
9     Sec. 7-13.1. Certification of Candidates-Consolidated
10 primary. Not less than 68 61 days before the date of the
11 consolidated primary, each local election official of each
12 political subdivision required to nominate candidates for the
13 respective offices by primary shall certify to each election
14 authority whose duty it is to prepare the official ballot for
15 the consolidated primary in such political subdivision the
16 names of all candidates in whose behalf nomination papers have
17 been filed in the office of such local election official and
18 direct the election authority to place upon the official ballot
19 for the consolidated primary election the names of such
20 candidates in the same manner and in the same order as shown
21 upon the certification. However, subject to appeal, the names
22 of candidates whose nomination papers have been held invalid by
23 the appropriate electoral board provided in Section 10-9 of
24 this Code shall not be so certified. The certification shall be
25 modified as necessary to comply with the requirements of any

 

 

SB3012 Enrolled - 16 - LRB096 19629 JAM 35025 b

1 other statute or any ordinance adopted pursuant to Article VII
2 of the Constitution prescribing specific provisions for
3 nonpartisan elections, including without limitation Articles
4 3, 4 and 5 of "The Municipal Code".
5     The names of candidates shall be listed on the
6 certification for the respective offices in the order in which
7 the candidates have filed their nomination papers, or as
8 determined by lot, or as otherwise specified by statute.
9     In every instance where applicable, the following shall
10 also be indicated in the certification:
11     (1) Where there is to be more than one candidate elected to
12 an office from a political subdivision or district;
13     (2) Where a voter has the right to vote for more than one
14 candidate for an office;
15     (3) The terms of the office to be on the ballot, when a
16 vacancy is to be filled for less than a full term, or when
17 offices of a particular subdivision to be on the ballot at the
18 same election are to be filled for different terms;
19     (4) The territory in which a candidate is required by law
20 to reside, when such residency requirement is not identical to
21 the territory of the political subdivision from which the
22 candidate is to be elected or nominated;
23     (5) Where a candidate's nominating papers or petitions have
24 been objected to and the objection has been sustained by the
25 electoral board established in Section 10-10, the words
26 "OBJECTION SUSTAINED" shall be placed under the title of the

 

 

SB3012 Enrolled - 17 - LRB096 19629 JAM 35025 b

1 office being sought by the candidate and the name of the
2 aggrieved candidate shall not appear; and
3     (6) Where a candidate's nominating papers or petitions have
4 been objected to and the decision of the electoral board
5 established in Section 10-10 is either unknown or known to be
6 in judicial review, the words "OBJECTION PENDING" shall be
7 placed under the title of the office being sought by the
8 candidate and next to the name of the candidate.
9     The local election official shall issue an amended
10 certification whenever it is discovered that the original
11 certification is in error.
12 (Source: P.A. 95-699, eff. 11-9-07.)
 
13     (10 ILCS 5/7-14)  (from Ch. 46, par. 7-14)
14     Sec. 7-14. Not less than 68 61 days before the date of the
15 general primary the State Board of Elections shall meet and
16 shall examine all petitions filed under this Article 7, in the
17 office of the State Board of Elections. The State Board of
18 Elections shall then certify to the county clerk of each
19 county, the names of all candidates whose nomination papers or
20 certificates of nomination have been filed with the Board and
21 direct the county clerk to place upon the official ballot for
22 the general primary election the names of such candidates in
23 the same manner and in the same order as shown upon the
24 certification.
25     The State Board of Elections shall, in its certificate to

 

 

SB3012 Enrolled - 18 - LRB096 19629 JAM 35025 b

1 the county clerk, certify the names of the offices, and the
2 names of the candidates in the order in which the offices and
3 names shall appear upon the primary ballot; such names to
4 appear in the order in which petitions have been filed in the
5 office of the State Board of Elections except as otherwise
6 provided in this Article.
7     Not less than 62 55 days before the date of the general
8 primary, each county clerk shall certify the names of all
9 candidates whose nomination papers have been filed with such
10 clerk and declare that the names of such candidates for the
11 respective offices shall be placed upon the official ballot for
12 the general primary in the order in which such nomination
13 papers were filed with the clerk, or as determined by lot, or
14 as otherwise specified by statute. Each county clerk shall
15 place a copy of the certification on file in his or her office
16 and at the same time issue to the board of election
17 commissioners a copy of the certification that has been filed
18 in the county clerk's office, together with a copy of the
19 certification that has been issued to the clerk by the State
20 Board of Elections, with directions to the board of election
21 commissioners to place upon the official ballot for the general
22 primary in that election jurisdiction the names of all
23 candidates that are listed on such certification in the same
24 manner and in the same order as shown upon such certifications.
25     The certification shall indicate, where applicable, the
26 following:

 

 

SB3012 Enrolled - 19 - LRB096 19629 JAM 35025 b

1     (1) The political party affiliation of the candidates for
2 the respective offices;
3     (2) If there is to be more than one candidate elected or
4 nominated to an office from the State, political subdivision or
5 district;
6     (3) If the voter has the right to vote for more than one
7 candidate for an office;
8     (4) The term of office, if a vacancy is to be filled for
9 less than a full term or if the offices to be filled in a
10 political subdivision or district are for different terms.
11     The State Board of Elections or the county clerk, as the
12 case may be, shall issue an amended certification whenever it
13 is discovered that the original certification is in error.
14     Subject to appeal, the names of candidates whose nomination
15 papers have been held invalid by the appropriate electoral
16 board provided in Section 10-9 of this Code shall not be
17 certified.
18 (Source: P.A. 86-867.)
 
19     (10 ILCS 5/7-60)  (from Ch. 46, par. 7-60)
20     Sec. 7-60. Not less than 74 67 days before the date of the
21 general election, the State Board of Elections shall certify to
22 the county clerks the names of each of the candidates who have
23 been nominated as shown by the proclamation of the State Board
24 of Elections as a canvassing board or who have been nominated
25 to fill a vacancy in nomination and direct the election

 

 

SB3012 Enrolled - 20 - LRB096 19629 JAM 35025 b

1 authority to place upon the official ballot for the general
2 election the names of such candidates in the same manner and in
3 the same order as shown upon the certification, except as
4 otherwise provided in this Section.
5     Not less than 68 61 days before the date of the general
6 election, each county clerk shall certify the names of each of
7 the candidates for county offices who have been nominated as
8 shown by the proclamation of the county election authority or
9 who have been nominated to fill a vacancy in nomination and
10 declare that the names of such candidates for the respective
11 offices shall be placed upon the official ballot for the
12 general election in the same manner and in the same order as
13 shown upon the certification, except as otherwise provided by
14 this Section. Each county clerk shall place a copy of the
15 certification on file in his or her office and at the same time
16 issue to the State Board of Elections a copy of such
17 certification. In addition, each county clerk in whose county
18 there is a board of election commissioners shall, not less than
19 68 61 days before the date of the general election, issue to
20 such board a copy of the certification that has been filed in
21 the county clerk's office, together with a copy of the
22 certification that has been issued to the clerk by the State
23 Board of Elections, with directions to the board of election
24 commissioners to place upon the official ballot for the general
25 election in that election jurisdiction the names of all
26 candidates that are listed on such certifications, in the same

 

 

SB3012 Enrolled - 21 - LRB096 19629 JAM 35025 b

1 manner and in the same order as shown upon such certifications,
2 except as otherwise provided in this Section.
3     Whenever there are two or more persons nominated by the
4 same political party for multiple offices for any board, the
5 name of the candidate of such party receiving the highest
6 number of votes in the primary election as a candidate for such
7 office, as shown by the official election returns of the
8 primary, shall be certified first under the name of such
9 offices, and the names of the remaining candidates of such
10 party for such offices shall follow in the order of the number
11 of votes received by them respectively at the primary election
12 as shown by the official election results.
13     No person who is shown by the final proclamation to have
14 been nominated or elected at the primary as a write-in
15 candidate shall have his or her name certified unless such
16 person shall have filed with the certifying office or board
17 within 10 days after the election authority's proclamation a
18 statement of candidacy pursuant to Section 7-10, a statement
19 pursuant to Section 7-10.1, and a receipt for the filing of a
20 statement of economic interests in relation to the unit of
21 government to which he or she has been elected or nominated.
22     Each county clerk and board of election commissioners shall
23 determine by a fair and impartial method of random selection
24 the order of placement of established political party
25 candidates for the general election ballot. Such determination
26 shall be made within 30 days following the canvass and

 

 

SB3012 Enrolled - 22 - LRB096 19629 JAM 35025 b

1 proclamation of the results of the general primary in the
2 office of the county clerk or board of election commissioners
3 and shall be open to the public. Seven days written notice of
4 the time and place of conducting such random selection shall be
5 given, by each such election authority, to the County Chairman
6 of each established political party, and to each organization
7 of citizens within the election jurisdiction which was
8 entitled, under this Article, at the next preceding election,
9 to have pollwatchers present on the day of election. Each
10 election authority shall post in a conspicuous, open and public
11 place, at the entrance of the election authority office, notice
12 of the time and place of such lottery. However, a board of
13 election commissioners may elect to place established
14 political party candidates on the general election ballot in
15 the same order determined by the county clerk of the county in
16 which the city under the jurisdiction of such board is located.
17     Each certification shall indicate, where applicable, the
18 following:
19         (1) The political party affiliation of the candidates
20     for the respective offices;
21         (2) If there is to be more than one candidate elected
22     to an office from the State, political subdivision or
23     district;
24         (3) If the voter has the right to vote for more than
25     one candidate for an office;
26         (4) The term of office, if a vacancy is to be filled

 

 

SB3012 Enrolled - 23 - LRB096 19629 JAM 35025 b

1     for less than a full term or if the offices to be filled in
2     a political subdivision are for different terms.
3     The State Board of Elections or the county clerk, as the
4 case may be, shall issue an amended certification whenever it
5 is discovered that the original certification is in error.
6 (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06;
7 94-1000, eff. 7-3-06.)
 
8     (10 ILCS 5/7-60.1)  (from Ch. 46, par. 7-60.1)
9     Sec. 7-60.1. Certification of Candidates - Consolidated
10 Election. Each local election official of a political
11 subdivision in which candidates for the respective local
12 offices are nominated at the consolidated primary shall, no
13 later than 5 days following the canvass and proclamation of the
14 results of the consolidated primary, certify to each election
15 authority whose duty it is to prepare the official ballot for
16 the consolidated election in that political subdivision the
17 names of each of the candidates who have been nominated as
18 shown by the proclamation of the appropriate election authority
19 or who have been nominated to fill a vacancy in nomination and
20 direct the election authority to place upon the official ballot
21 for the consolidated election the names of such candidates in
22 the same manner and in the same order as shown upon the
23 certification, except as otherwise provided by this Section.
24     Whenever there are two or more persons nominated by the
25 same political party for multiple offices for any board, the

 

 

SB3012 Enrolled - 24 - LRB096 19629 JAM 35025 b

1 name of the candidate of such party receiving the highest
2 number of votes in the consolidated primary election as a
3 candidate for such consolidated primary, shall be certified
4 first under the name of such office, and the names of the
5 remaining candidates of such party for such offices shall
6 follow in the order of the number of votes received by them
7 respectively at the consolidated primary election as shown by
8 the official election results.
9     No person who is shown by the election authority's
10 proclamation to have been nominated at the consolidated primary
11 as a write-in candidate shall have his or her name certified
12 unless such person shall have filed with the certifying office
13 or board within 5 days after the election authority's
14 proclamation a statement of candidacy pursuant to Section 7-10
15 and a statement pursuant to Section 7-10.1.
16     Each board of election commissioners of the cities in which
17 established political party candidates for city offices are
18 nominated at the consolidated primary shall determine by a fair
19 and impartial method of random selection the order of placement
20 of the established political party candidates for the
21 consolidated ballot. Such determination shall be made within 5
22 days following the canvass and proclamation of the results of
23 the consolidated primary and shall be open to the public. Three
24 days written notice of the time and place of conducting such
25 random selection shall be given, by each such election
26 authority, to the County Chairman of each established political

 

 

SB3012 Enrolled - 25 - LRB096 19629 JAM 35025 b

1 party, and to each organization of citizens within the election
2 jurisdiction which was entitled, under this Article, at the
3 next preceding election, to have pollwatchers present on the
4 day of election. Each election authority shall post in a
5 conspicuous, open and public place, at the entrance of the
6 election authority office, notice of the time and place of such
7 lottery.
8     Each local election official of a political subdivision in
9 which established political party candidates for the
10 respective local offices are nominated by primary shall
11 determine by a fair and impartial method of random selection
12 the order of placement of the established political party
13 candidates for the consolidated election ballot and, in the
14 case of certain municipalities having annual elections, on the
15 general primary ballot for election. Such determination shall
16 be made prior to the canvass and proclamation of results of the
17 consolidated primary or special municipal primary, as the case
18 may be, in the office of the local election official and shall
19 be open to the public. Three days written notice of the time
20 and place of conducting such random selection shall be given,
21 by each such local election official, to the County Chairman of
22 each established political party, and to each organization of
23 citizens within the election jurisdiction which was entitled,
24 under this Article, at the next preceding election, to have
25 pollwatchers present on the day of election. Each local
26 election official shall post in a conspicuous, open and public

 

 

SB3012 Enrolled - 26 - LRB096 19629 JAM 35025 b

1 place notice of such lottery. Immediately thereafter, the local
2 election official shall certify the ballot placement order so
3 determined to the proper election authorities charged with the
4 preparation of the consolidated election, or general primary,
5 ballot for that political subdivision.
6     Not less than 68 61 days before the date of the
7 consolidated election, each local election official of a
8 political subdivision in which established political party
9 candidates for the respective local offices have been nominated
10 by caucus or have been nominated because no primary was
11 required to be held shall certify to each election authority
12 whose duty it is to prepare the official ballot for the
13 consolidated election in that political subdivision the names
14 of each of the candidates whose certificates of nomination or
15 nomination papers have been filed in his or her office and
16 direct the election authority to place upon the official ballot
17 for the consolidated election the names of such candidates in
18 the same manner and in the same order as shown upon the
19 certification. Such local election official shall, prior to
20 certification, determine by a fair and impartial method of
21 random selection the order of placement of the established
22 political party candidates for the consolidated election
23 ballot. Such determination shall be made in the office of the
24 local election official and shall be open to the public. Three
25 days written notice of the time and place of conducting such
26 random selection shall be given by each such local election

 

 

SB3012 Enrolled - 27 - LRB096 19629 JAM 35025 b

1 official to the county chairman of each established political
2 party, and to each organization of citizens within the election
3 jurisdiction which was entitled, under this Article, at the
4 next preceding election, to have pollwatchers present on the
5 day of election. Each local election official shall post in a
6 conspicuous, open and public place, at the entrance of the
7 office, notice of the time and place of such lottery. The local
8 election official shall certify the ballot placement order so
9 determined as part of his official certification of candidates
10 to the election authorities whose duty it is to prepare the
11 official ballot for the consolidated election in that political
12 subdivision.
13     The certification shall indicate, where applicable, the
14 following:
15         (1) The political party affiliation of the candidates
16     for the respective offices;
17         (2) If there is to be more than one candidate elected
18     or nominated to an office from the State, political
19     subdivision or district;
20         (3) If the voter has the right to vote for more than
21     one candidate for an office;
22         (4) The term of office, if a vacancy is to be filled
23     for less than a full term or if the offices to be filled in
24     a political subdivision or district are for different
25     terms.
26     The local election official shall issue an amended

 

 

SB3012 Enrolled - 28 - LRB096 19629 JAM 35025 b

1 certification whenever it is discovered that the original
2 certification is in error.
3 (Source: P.A. 94-647, eff. 1-1-06.)
 
4     (10 ILCS 5/8-9)  (from Ch. 46, par. 8-9)
5     Sec. 8-9. All petitions for nomination shall be filed by
6 mail or in person as follows:
7     (1) Where the nomination is made for a legislative office,
8 such petition for nomination shall be filed in the principal
9 office of the State Board of Elections not more than 113 99 and
10 not less than 106 92 days prior to the date of the primary.
11     (2) The State Board of Elections shall, upon receipt of
12 each petition, endorse thereon the day and hour on which it was
13 filed. Petitions filed by mail and received after midnight on
14 the first day for filing and in the first mail delivery or
15 pickup of that day, shall be deemed as filed as of 8:00 a.m. of
16 that day or as of the normal opening hour of such day as the
17 case may be, and all petitions received thereafter shall be
18 deemed as filed in the order of actual receipt. Where 2 or more
19 petitions are received simultaneously, the State Board of
20 Elections shall break ties and determine the order of filing,
21 by means of a lottery as provided in Section 7-12 of this Code.
22     (3) Any person for whom a petition for nomination has been
23 filed, may cause his name to be withdrawn by a request in
24 writing, signed by him, duly acknowledged before an officer
25 qualified to take acknowledgments of deeds, and filed in the

 

 

SB3012 Enrolled - 29 - LRB096 19629 JAM 35025 b

1 principal or permanent branch office of the State Board of
2 Elections not later than the date of certification of
3 candidates for the general primary ballot, and no names so
4 withdrawn shall be certified by the State Board of Elections to
5 the county clerk, or printed on the primary ballot. If
6 petitions for nomination have been filed for the same person
7 with respect to more than one political party, his name shall
8 not be certified nor printed on the primary ballot of any
9 party. If petitions for nomination have been filed for the same
10 person for 2 or more offices which are incompatible so that the
11 same person could not serve in more than one of such offices if
12 elected, that person must withdraw as a candidate for all but
13 one of such offices within the 5 business days following the
14 last day for petition filing. If he fails to withdraw as a
15 candidate for all but one of such offices within such time, his
16 name shall not be certified, nor printed on the primary ballot,
17 for any office. For the purpose of the foregoing provisions, an
18 office in a political party is not incompatible with any other
19 office.
20     (4) If multiple sets of nomination papers are filed for a
21 candidate to the same office, the State Board of Elections
22 shall within 2 business days notify the candidate of his or her
23 multiple petition filings and that the candidate has 3 business
24 days after receipt of the notice to notify the State Board of
25 Elections that he or she may cancel prior sets of petitions. If
26 the candidate notifies the State Board of Elections the last

 

 

SB3012 Enrolled - 30 - LRB096 19629 JAM 35025 b

1 set of petitions filed shall be the only petitions to be
2 considered valid by the State Board of Elections. If the
3 candidate fails to notify the State Board then only the first
4 set of petitions filed shall be valid and all subsequent
5 petitions shall be void.
6 (Source: P.A. 86-875; 87-1052.)
 
7     (10 ILCS 5/8-17)  (from Ch. 46, par. 8-17)
8     Sec. 8-17. The death of any candidate prior to, or on, the
9 date of the primary shall not affect the canvass of the
10 ballots. If the result of such canvass discloses that such
11 candidate, if he had lived, would have been nominated, such
12 candidate shall be declared nominated.
13     In the event that a candidate of a party who has been
14 nominated under the provisions of this Article shall die before
15 election (whether death occurs prior to, or on, or after, the
16 date of the primary) or decline the nomination or should the
17 nomination for any other reason become vacant, the legislative
18 or representative committee of such party for such district
19 shall nominate a candidate of such party to fill such vacancy.
20 However, if there was no candidate for the nomination of the
21 party in the primary, no candidate of that party for that
22 office may be listed on the ballot at the general election,
23 unless the legislative or representative committee of the party
24 nominates a candidate to fill the vacancy in nomination within
25 75 60 days after the date of the general primary election.

 

 

SB3012 Enrolled - 31 - LRB096 19629 JAM 35025 b

1 Vacancies in nomination occurring under this Article shall be
2 filled by the appropriate legislative or representative
3 committee in accordance with the provisions of Section 7-61 of
4 this Code. In proceedings to fill the vacancy in nomination,
5 the voting strength of the members of the legislative or
6 representative committee shall be as provided in Section 8-6.
7 (Source: P.A. 84-757; 84-790; 84-928; 84-1026.)
 
8     (10 ILCS 5/8-17.1)  (from Ch. 46, par. 8-17.1)
9     Sec. 8-17.1. Whenever a vacancy in the office of State
10 Senator is to be filled by election pursuant to Article IV,
11 Section 2(d) of the Constitution and Section 25-6 of this Code,
12 nominations shall be made and any vacancy in nomination shall
13 be filled pursuant to this Section:
14     (1) If the vacancy in office occurs before the first date
15 provided in Section 8-9 for filing nomination papers for the
16 primary in the next even-numbered year following the
17 commencement of the term, the nominations for the election for
18 filling such vacancy shall be made as otherwise provided in
19 Article 8.
20     (2) If the vacancy in office occurs during the time
21 provided in Section 8-9 for filing nomination papers for the
22 office of State Senator for the primary in the next
23 even-numbered year following commencement of the term of office
24 in which such vacancy occurs, the time for filing nomination
25 papers for such office for the primary shall be not more than

 

 

SB3012 Enrolled - 32 - LRB096 19629 JAM 35025 b

1 105 91 days and not less than 99 85 days prior to the date of
2 the primary election.
3     (3) If the vacancy in office occurs after the last day
4 provided in Section 8-9 for filing nomination papers for the
5 office of State Senator, a vacancy in nomination shall be
6 deemed to have occurred and the legislative committee of each
7 established political party shall nominate, by resolution, a
8 candidate to fill such vacancy in nomination for the election
9 to such office at such general election. In the proceedings to
10 fill the vacancy in nomination the voting strength of the
11 members of the legislative committee shall be as provided in
12 Section 8-6. The name of the candidate so nominated shall not
13 appear on the ballot at the general primary election. Such
14 vacancy in nomination shall be filled prior to the date of
15 certification of candidates for the general election.
16     (4) The resolution to fill the vacancy shall be duly
17 acknowledged before an officer qualified to take
18 acknowledgments of deeds and shall include, upon its face, the
19 following information;
20     (a) the names of the original nominee and the office
21 vacated;
22     (b) the date on which the vacancy occurred;
23     (c) the name and address of the nominee selected to fill
24 the vacancy and the date of selection.
25     The resolution to fill the vacancy shall be accompanied by
26 a Statement of Candidacy, as prescribed in Section 7-10,

 

 

SB3012 Enrolled - 33 - LRB096 19629 JAM 35025 b

1 completed by the selected nominee and a receipt indicating that
2 such nominee has filed a statement of economic interests as
3 required by the Illinois Governmental Ethics Act.
4     The provisions of Sections 10-8 through 10-10.1 relating to
5 objections to nomination papers, hearings on objections and
6 judicial review, shall also apply to and govern objections to
7 nomination papers and resolutions for filling vacancies in
8 nomination filed pursuant to this Section.
9     Unless otherwise specified herein, the nomination and
10 election provided for in this Section shall be governed by this
11 Code.
12 (Source: P.A. 84-790.)
 
13     (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
14     Sec. 10-6. Time and manner of filing. Certificates of
15 nomination and nomination papers for the nomination of
16 candidates for offices to be filled by electors of the entire
17 State, or any district not entirely within a county, or for
18 congressional, state legislative or judicial offices, shall be
19 presented to the principal office of the State Board of
20 Elections not more than 141 nor less than 134 days previous to
21 the day of election for which the candidates are nominated. The
22 State Board of Elections shall endorse the certificates of
23 nomination or nomination papers, as the case may be, and the
24 date and hour of presentment to it. Except as otherwise
25 provided in this section, all other certificates for the

 

 

SB3012 Enrolled - 34 - LRB096 19629 JAM 35025 b

1 nomination of candidates shall be filed with the county clerk
2 of the respective counties not more than 141 but at least 134
3 days previous to the day of such election. Certificates of
4 nomination and nomination papers for the nomination of
5 candidates for the offices of political subdivisions to be
6 filled at regular elections other than the general election
7 shall be filed with the local election official of such
8 subdivision:
9         (1) (Blank);
10         (2) not more than 113 78 nor less than 106 71 days
11     prior to the consolidated election; or
12         (3) not more than 113 78 nor less than 106 71 days
13     prior to the general primary in the case of municipal
14     offices to be filled at the general primary election; or
15         (4) not more than 99 78 nor less than 92 71 days before
16     the consolidated primary in the case of municipal offices
17     to be elected on a nonpartisan basis pursuant to law
18     (including without limitation, those municipal offices
19     subject to Articles 4 and 5 of the Municipal Code); or
20         (5) not more than 113 78 nor less than 106 71 days
21     before the municipal primary in even numbered years for
22     such nonpartisan municipal offices where annual elections
23     are provided; or
24         (6) in the case of petitions for the office of
25     multi-township assessor, such petitions shall be filed
26     with the election authority not more than 113 78 nor less

 

 

SB3012 Enrolled - 35 - LRB096 19629 JAM 35025 b

1     than 106 71 days before the consolidated election.
2     However, where a political subdivision's boundaries are
3 co-extensive with or are entirely within the jurisdiction of a
4 municipal board of election commissioners, the certificates of
5 nomination and nomination papers for candidates for such
6 political subdivision offices shall be filed in the office of
7 such Board.
8 (Source: P.A. 95-699, eff. 11-9-07.)
 
9     (10 ILCS 5/10-9)  (from Ch. 46, par. 10-9)
10     Sec. 10-9. The following electoral boards are designated
11 for the purpose of hearing and passing upon the objector's
12 petition described in Section 10-8.
13     1. The State Board of Elections will hear and pass upon
14 objections to the nominations of candidates for State offices,
15 nominations of candidates for congressional, legislative and
16 judicial offices of districts, subcircuits, or circuits
17 situated in more than one county, nominations of candidates for
18 the offices of State's attorney or regional superintendent of
19 schools to be elected from more than one county, and petitions
20 for proposed amendments to the Constitution of the State of
21 Illinois as provided for in Section 3 of Article XIV of the
22 Constitution.
23     2. The county officers electoral board to hear and pass
24 upon objections to the nominations of candidates for county
25 offices, for congressional, legislative and judicial offices

 

 

SB3012 Enrolled - 36 - LRB096 19629 JAM 35025 b

1 of a district, subcircuit, or circuit coterminous with or less
2 than a county, for school trustees to be voted for by the
3 electors of the county or by the electors of a township of the
4 county, for the office of multi-township assessor where
5 candidates for such office are nominated in accordance with
6 this Code, and for all special district offices, shall be
7 composed of the county clerk, or an assistant designated by the
8 county clerk, the State's attorney of the county or an
9 Assistant State's Attorney designated by the State's Attorney,
10 and the clerk of the circuit court, or an assistant designated
11 by the clerk of the circuit court, of the county, of whom the
12 county clerk or his designee shall be the chairman, except that
13 in any county which has established a county board of election
14 commissioners that board shall constitute the county officers
15 electoral board ex-officio.
16     3. The municipal officers electoral board to hear and pass
17 upon objections to the nominations of candidates for officers
18 of municipalities shall be composed of the mayor or president
19 of the board of trustees of the city, village or incorporated
20 town, and the city, village or incorporated town clerk, and one
21 member of the city council or board of trustees, that member
22 being designated who is eligible to serve on the electoral
23 board and has served the greatest number of years as a member
24 of the city council or board of trustees, of whom the mayor or
25 president of the board of trustees shall be the chairman.
26     4. The township officers electoral board to pass upon

 

 

SB3012 Enrolled - 37 - LRB096 19629 JAM 35025 b

1 objections to the nominations of township officers shall be
2 composed of the township supervisor, the town clerk, and that
3 eligible town trustee elected in the township who has had the
4 longest term of continuous service as town trustee, of whom the
5 township supervisor shall be the chairman.
6     5. The education officers electoral board to hear and pass
7 upon objections to the nominations of candidates for offices in
8 school or community college districts shall be composed of the
9 presiding officer of the school or community college district
10 board, who shall be the chairman, the secretary of the school
11 or community college district board and the eligible elected
12 school or community college board member who has the longest
13 term of continuous service as a board member.
14     6. In all cases, however, where the Congressional, or
15 Legislative, or Representative district is wholly or partially
16 within the jurisdiction of a single municipal board of election
17 commissioners in Cook County and in all cases where the school
18 district or special district is wholly within the jurisdiction
19 of a municipal board of election commissioners and in all cases
20 where the municipality or township is wholly or partially
21 within the jurisdiction of a municipal board of election
22 commissioners, the board of election commissioners shall
23 ex-officio constitute the electoral board.
24     For special districts situated in more than one county, the
25 county officers electoral board of the county in which the
26 principal office of the district is located has jurisdiction to

 

 

SB3012 Enrolled - 38 - LRB096 19629 JAM 35025 b

1 hear and pass upon objections. For purposes of this Section,
2 "special districts" means all political subdivisions other
3 than counties, municipalities, townships and school and
4 community college districts.
5     In the event that any member of the appropriate board is a
6 candidate for the office with relation to which the objector's
7 petition is filed, he shall not be eligible to serve on that
8 board and shall not act as a member of the board and his place
9 shall be filled as follows:
10         a. In the county officers electoral board by the county
11     treasurer, and if he or she is ineligible to serve, by the
12     sheriff of the county.
13         b. In the municipal officers electoral board by the
14     eligible elected city council or board of trustees member
15     who has served the second greatest number of years as a
16     city council or board of trustees member.
17         c. In the township officers electoral board by the
18     eligible elected town trustee who has had the second
19     longest term of continuous service as a town trustee.
20         d. In the education officers electoral board by the
21     eligible elected school or community college district
22     board member who has had the second longest term of
23     continuous service as a board member.
24     In the event that the chairman of the electoral board is
25 ineligible to act because of the fact that he is a candidate
26 for the office with relation to which the objector's petition

 

 

SB3012 Enrolled - 39 - LRB096 19629 JAM 35025 b

1 is filed, then the substitute chosen under the provisions of
2 this Section shall be the chairman; In this case, the officer
3 or board with whom the objector's petition is filed, shall
4 transmit the certificate of nomination or nomination papers as
5 the case may be, and the objector's petition to the substitute
6 chairman of the electoral board.
7     When 2 or more eligible individuals, by reason of their
8 terms of service on a city council or board of trustees,
9 township board of trustees, or school or community college
10 district board, qualify to serve on an electoral board, the one
11 to serve shall be chosen by lot.
12     Any vacancies on an electoral board not otherwise filled
13 pursuant to this Section shall be filled by public members
14 appointed by the Chief Judge of the Circuit Court for the
15 county wherein the electoral board hearing is being held upon
16 notification to the Chief Judge of such vacancies. The Chief
17 Judge shall be so notified by a member of the electoral board
18 or the officer or board with whom the objector's petition was
19 filed. In the event that none of the individuals designated by
20 this Section to serve on the electoral board are eligible, the
21 chairman of an electoral board shall be designated by the Chief
22 Judge.
23 (Source: P.A. 94-645, eff. 8-22-05.)
 
24     (10 ILCS 5/10-10)  (from Ch. 46, par. 10-10)
25     Sec. 10-10. Within 24 hours after the receipt of the

 

 

SB3012 Enrolled - 40 - LRB096 19629 JAM 35025 b

1 certificate of nomination or nomination papers or proposed
2 question of public policy, as the case may be, and the
3 objector's petition, the chairman of the electoral board other
4 than the State Board of Elections shall send a call by
5 registered or certified mail to each of the members of the
6 electoral board, and to the objector who filed the objector's
7 petition, and either to the candidate whose certificate of
8 nomination or nomination papers are objected to or to the
9 principal proponent or attorney for proponents of a question of
10 public policy, as the case may be, whose petitions are objected
11 to, and shall also cause the sheriff of the county or counties
12 in which such officers and persons reside to serve a copy of
13 such call upon each of such officers and persons, which call
14 shall set out the fact that the electoral board is required to
15 meet to hear and pass upon the objections to nominations made
16 for the office, designating it, and shall state the day, hour
17 and place at which the electoral board shall meet for the
18 purpose, which place shall be in the county court house in the
19 county in the case of the County Officers Electoral Board, the
20 Municipal Officers Electoral Board, the Township Officers
21 Electoral Board or the Education Officers Electoral Board,
22 except that the Municipal Officers Electoral Board, the
23 Township Officers Electoral Board, and the Education Officers
24 Electoral Board may meet at the location where the governing
25 body of the municipality, township, or school or community
26 college district, respectively, holds its regularly scheduled

 

 

SB3012 Enrolled - 41 - LRB096 19629 JAM 35025 b

1 meetings, if that location is available; provided that voter
2 records may be removed from the offices of an election
3 authority only at the discretion and under the supervision of
4 the election authority. In those cases where the State Board of
5 Elections is the electoral board designated under Section 10-9,
6 the chairman of the State Board of Elections shall, within 24
7 hours after the receipt of the certificate of nomination or
8 nomination papers or petitions for a proposed amendment to
9 Article IV of the Constitution or proposed statewide question
10 of public policy, send a call by registered or certified mail
11 to the objector who files the objector's petition, and either
12 to the candidate whose certificate of nomination or nomination
13 papers are objected to or to the principal proponent or
14 attorney for proponents of the proposed Constitutional
15 amendment or statewide question of public policy and shall
16 state the day, hour and place at which the electoral board
17 shall meet for the purpose, which place may be in the Capitol
18 Building or in the principal or permanent branch office of the
19 State Board. The day of the meeting shall not be less than 3
20 nor more than 5 days after the receipt of the certificate of
21 nomination or nomination papers and the objector's petition by
22 the chairman of the electoral board.
23     The electoral board shall have the power to administer
24 oaths and to subpoena and examine witnesses and at the request
25 of either party the chairman may issue subpoenas requiring the
26 attendance of witnesses and subpoenas duces tecum requiring the

 

 

SB3012 Enrolled - 42 - LRB096 19629 JAM 35025 b

1 production of such books, papers, records and documents as may
2 be evidence of any matter under inquiry before the electoral
3 board, in the same manner as witnesses are subpoenaed in the
4 Circuit Court.
5     Service of such subpoenas shall be made by any sheriff or
6 other person in the same manner as in cases in such court and
7 the fees of such sheriff shall be the same as is provided by
8 law, and shall be paid by the objector or candidate who causes
9 the issuance of the subpoena. In case any person so served
10 shall knowingly neglect or refuse to obey any such subpoena, or
11 to testify, the electoral board shall at once file a petition
12 in the circuit court of the county in which such hearing is to
13 be heard, or has been attempted to be heard, setting forth the
14 facts, of such knowing refusal or neglect, and accompanying the
15 petition with a copy of the citation and the answer, if one has
16 been filed, together with a copy of the subpoena and the return
17 of service thereon, and shall apply for an order of court
18 requiring such person to attend and testify, and forthwith
19 produce books and papers, before the electoral board. Any
20 circuit court of the state, excluding the judge who is sitting
21 on the electoral board, upon such showing shall order such
22 person to appear and testify, and to forthwith produce such
23 books and papers, before the electoral board at a place to be
24 fixed by the court. If such person shall knowingly fail or
25 refuse to obey such order of the court without lawful excuse,
26 the court shall punish him or her by fine and imprisonment, as

 

 

SB3012 Enrolled - 43 - LRB096 19629 JAM 35025 b

1 the nature of the case may require and may be lawful in cases
2 of contempt of court.
3     The electoral board on the first day of its meeting shall
4 adopt rules of procedure for the introduction of evidence and
5 the presentation of arguments and may, in its discretion,
6 provide for the filing of briefs by the parties to the
7 objection or by other interested persons.
8     In the event of a State Electoral Board hearing on
9 objections to a petition for an amendment to Article IV of the
10 Constitution pursuant to Section 3 of Article XIV of the
11 Constitution, or to a petition for a question of public policy
12 to be submitted to the voters of the entire State, the
13 certificates of the county clerks and boards of election
14 commissioners showing the results of the random sample of
15 signatures on the petition shall be prima facie valid and
16 accurate, and shall be presumed to establish the number of
17 valid and invalid signatures on the petition sheets reviewed in
18 the random sample, as prescribed in Section 28-11 and 28-12 of
19 this Code. Either party, however, may introduce evidence at
20 such hearing to dispute the findings as to particular
21 signatures. In addition to the foregoing, in the absence of
22 competent evidence presented at such hearing by a party
23 substantially challenging the results of a random sample, or
24 showing a different result obtained by an additional sample,
25 this certificate of a county clerk or board of election
26 commissioners shall be presumed to establish the ratio of valid

 

 

SB3012 Enrolled - 44 - LRB096 19629 JAM 35025 b

1 to invalid signatures within the particular election
2 jurisdiction.
3     The electoral board shall take up the question as to
4 whether or not the certificate of nomination or nomination
5 papers or petitions are in proper form, and whether or not they
6 were filed within the time and under the conditions required by
7 law, and whether or not they are the genuine certificate of
8 nomination or nomination papers or petitions which they purport
9 to be, and whether or not in the case of the certificate of
10 nomination in question it represents accurately the decision of
11 the caucus or convention issuing it, and in general shall
12 decide whether or not the certificate of nomination or
13 nominating papers or petitions on file are valid or whether the
14 objections thereto should be sustained and the decision of a
15 majority of the electoral board shall be final subject to
16 judicial review as provided in Section 10-10.1. The electoral
17 board must state its findings in writing and must state in
18 writing which objections, if any, it has sustained. A copy of
19 the decision shall be served upon the parties to the
20 proceedings in open proceedings before the electoral board. If
21 a party does not appear for receipt of the decision, the
22 decision shall be deemed to have been served on the absent
23 party on the date when a copy of the decision is personally
24 delivered or on the date when a copy of the decision is
25 deposited in the Unites States mail, in a sealed envelope or
26 package, with postage prepaid, addressed to each party affected

 

 

SB3012 Enrolled - 45 - LRB096 19629 JAM 35025 b

1 by the decision or to such party's attorney of record, if any,
2 at the address on record for such person in the files of the
3 electoral board.
4     Upon the expiration of the period within which a proceeding
5 for judicial review must be commenced under Section 10--10.1,
6 the electoral board shall, unless a proceeding for judicial
7 review has been commenced within such period, transmit, by
8 registered or certified mail, a certified copy of its ruling,
9 together with the original certificate of nomination or
10 nomination papers or petitions and the original objector's
11 petition, to the officer or board with whom the certificate of
12 nomination or nomination papers or petitions, as objected to,
13 were on file, and such officer or board shall abide by and
14 comply with the ruling so made to all intents and purposes.
15 (Source: P.A. 95-872, eff. 1-1-09.)
 
16     (10 ILCS 5/10-10.1)  (from Ch. 46, par. 10-10.1)
17     Sec. 10-10.1.
18     (a) Except as otherwise provided in this Section, a
19 candidate or objector aggrieved by the decision of an electoral
20 board may secure judicial review of such decision in the
21 circuit court of the county in which the hearing of the
22 electoral board was held. The party seeking judicial review
23 must file a petition with the clerk of the court and must serve
24 a copy of the petition upon the electoral board and other
25 parties to the proceeding by registered or certified mail

 

 

SB3012 Enrolled - 46 - LRB096 19629 JAM 35025 b

1 within 5 10 days after service of the decision of the electoral
2 board as provided in Section 10-10. The petition shall contain
3 a brief statement of the reasons why the decision of the board
4 should be reversed. The petitioner shall serve a copy of the
5 petition upon the electoral board and other parties to the
6 proceeding by registered or certified mail and shall file proof
7 of service with the clerk of the court. No answer to the
8 petition need be filed, but the electoral board shall cause the
9 record of proceedings before the electoral board to be filed
10 with the clerk of the court on or before the date of the
11 hearing on the petition or as ordered by the court any answer
12 must be filed within 10 days after the filing of the petition.
13     The court shall set the matter for hearing to be held
14 within 30 days after the filing of the petition and shall make
15 its decision promptly after such hearing.
16     (b) An objector or proponent aggrieved by the decision of
17 an electoral board regarding a petition filed pursuant to
18 Section 18-120 of the Property Tax Code may secure a review of
19 such decision by the State Board of Elections. The party
20 seeking such review must file a petition therefor with the
21 State Board of Elections within 10 days after the decision of
22 the electoral board. Any such objector or proponent may apply
23 for and obtain judicial review of a decision of the State Board
24 of Elections entered under this amendatory Act of 1985, in
25 accordance with the provisions of the Administrative Review
26 Law, as amended.

 

 

SB3012 Enrolled - 47 - LRB096 19629 JAM 35025 b

1 (Source: P.A. 88-670, eff. 12-2-94.)
 
2     (10 ILCS 5/10-11.1)  (from Ch. 46, par. 10-11.1)
3     Sec. 10-11.1. Whenever a vacancy in the office of State
4 Senator is to be filled by election pursuant to Article IV,
5 Section 2(d) of the Constitution and Section 25-6 of this Code,
6 nominations shall be made pursuant to this Section:
7     (1) If the vacancy in office occurs before the first date
8 provided in Section 10-3 for filing nomination papers for the
9 general election in the next even-numbered year following the
10 commencement of the term, the nomination of independent
11 candidates for such office shall be made as otherwise provided
12 in this Article.
13     (2) If the vacancy occurs in office after the first day for
14 filing nomination papers for independent candidates as
15 provided in Section 10-3 but before the first day provided in
16 Section 10-6 for filing nomination papers for the general
17 election in the next even-numbered year following the
18 commencement of the term, independent candidates for such
19 office shall file their nomination papers during the filing
20 period set forth in Section 10-6 for new political party
21 candidates.
22     (3) If a vacancy in office occurs prior to the first day
23 provided in Section 10-6 for filing nomination papers for new
24 political party candidates for the next ensuing general
25 election, new political party candidates for such office shall

 

 

SB3012 Enrolled - 48 - LRB096 19629 JAM 35025 b

1 file their nomination papers during the filing period as set
2 forth in Section 10-6 as otherwise provided in this Article.
3     (4) If the vacancy in office occurs during the time
4 provided in Section 10-6 for filing nomination papers for new
5 political party candidates for the next ensuing general
6 election, the time for independent and new political party
7 candidates to file nomination papers for such office shall be
8 not more than 92 78 days nor less than 85 71 days prior to the
9 date of the general election.
10     (5) If the vacancy in office occurs after the last day
11 provided in Section 10-6 for filing nomination papers for new
12 political party candidates, independent and new political
13 party candidates shall be nominated as provided by rules and
14 regulations of the State Board of Elections.
15     The provisions of Sections 10-8 and 10-10.1 relating to
16 objections to nomination papers, hearings on objections and
17 judicial review, shall also apply to and govern objections to
18 nomination papers filed pursuant to this Section.
19     Unless otherwise specified herein, the nomination and
20 election provided for in this Section shall be governed by this
21 Code.
22 (Source: P.A. 84-790.)
 
23     (10 ILCS 5/10-11.2)  (from Ch. 46, par. 10-11.2)
24     Sec. 10-11.2. Whenever a vacancy in any elective county
25 office is to be filled by election pursuant to Section 25-11 of

 

 

SB3012 Enrolled - 49 - LRB096 19629 JAM 35025 b

1 this Code, nominations shall be made and any vacancy in
2 nomination shall be filled pursuant to this Section:
3     (1) If the vacancy in office occurs before the first date
4 provided in Section 10-3 for filing nomination papers for the
5 general election in the next even-numbered year following the
6 commencement of the term, the nomination of independent
7 candidates for such office shall be made as otherwise provided
8 in this Article.
9     (2) If the vacancy in office occurs after the first day for
10 filing nomination papers for independent candidates as
11 provided in Section 10-3 but before the first day provided in
12 Section 10-6 for filing nomination papers for new political
13 party candidates for the general election in the next
14 even-numbered year following the commencement of the term,
15 independent candidates for such office shall file their
16 nomination papers during the filing period set forth in Section
17 10-6 for new political party candidates.
18     (3) If the vacancy in office occurs prior to the first date
19 provided in Section 10-6 for filing nomination papers for new
20 political party candidates for the next ensuing general
21 election, new political party candidates for such office shall
22 file their nomination papers during the filing period as set
23 forth in Section 10-6 for new political party candidates.
24     (4) If the vacancy in office occurs during the time
25 provided in Section 10-6 for filing nomination papers for new
26 political party candidates for the next ensuing general

 

 

SB3012 Enrolled - 50 - LRB096 19629 JAM 35025 b

1 election the time for independent and new political party
2 candidates to file nomination papers for such office shall be
3 not more than 92 78 days nor less than 85 71 days prior to the
4 date of the general election.
5     The provisions of Sections 10-8 through 10-10.1 relating to
6 objections to nomination papers, hearings on objections and
7 judicial review, shall also apply to and govern objections to
8 nomination papers filed pursuant to this Section.
9     Unless otherwise specified herein, the nomination and
10 election provided for in this Section shall be governed by this
11 Code.
12 (Source: P.A. 84-790.)
 
13     (10 ILCS 5/10-14)  (from Ch. 46, par. 10-14)
14     Sec. 10-14. Not less than 74 67 days before the date of the
15 general election the State Board of Elections shall certify to
16 the county clerk of each county the name of each candidate
17 whose nomination papers, certificate of nomination or
18 resolution to fill a vacancy in nomination has been filed with
19 the State Board of Elections and direct the county clerk to
20 place upon the official ballot for the general election the
21 names of such candidates in the same manner and in the same
22 order as shown upon the certification. The name of no candidate
23 for an office to be filled by the electors of the entire state
24 shall be placed upon the official ballot unless his name is
25 duly certified to the county clerk upon a certificate signed by

 

 

SB3012 Enrolled - 51 - LRB096 19629 JAM 35025 b

1 the members of the State Board of Elections. The names of group
2 candidates on petitions shall be certified to the several
3 county clerks in the order in which such names appear on such
4 petitions filed with the State Board of Elections.
5     Not less than 68 61 days before the date of the general
6 election, each county clerk shall certify the names of each of
7 the candidates for county offices whose nomination papers,
8 certificates of nomination or resolutions to fill a vacancy in
9 nomination have been filed with such clerk and declare that the
10 names of such candidates for the respective offices shall be
11 placed upon the official ballot for the general election in the
12 same manner and in the same order as shown upon the
13 certification. Each county clerk shall place a copy of the
14 certification on file in his or her office and at the same time
15 issue to the State Board of Elections a copy of such
16 certification. In addition, each county clerk in whose county
17 there is a board of election commissioners shall, not less than
18 69 55 days before the election, certify to the board of
19 election commissioners the name of the person or persons
20 nominated for such office as shown by the certificate of the
21 State Board of Elections, together with the names of all other
22 candidates as shown by the certification of county officers on
23 file in the clerk's office, and in the order so certified. The
24 county clerk or board of election commissioners shall print the
25 names of the nominees on the ballot for each office in the
26 order in which they are certified to or filed with the county

 

 

SB3012 Enrolled - 52 - LRB096 19629 JAM 35025 b

1 clerk; provided, that in printing the name of nominees for any
2 office, if any of such nominees have also been nominated by one
3 or more political parties pursuant to this Act, the location of
4 the name of such candidate on the ballot for nominations made
5 under this Article shall be precisely in the same order in
6 which it appears on the certification of the State Board of
7 Elections to the county clerk.
8     For the general election, the candidates of new political
9 parties shall be placed on the ballot for said election after
10 the established political party candidates and in the order of
11 new political party petition filings.
12     Each certification shall indicate, where applicable, the
13 following:
14         (1) The political party affiliation if any, of the
15     candidates for the respective offices;
16         (2) If there is to be more than one candidate elected
17     to an office from the State, political subdivision or
18     district;
19         (3) If the voter has the right to vote for more than
20     one candidate for an office;
21         (4) The term of office, if a vacancy is to be filled
22     for less than a full term or if the offices to be filled in
23     a political subdivision are for different terms.
24     The State Board of Elections or the county clerk, as the
25 case may be, shall issue an amended certification whenever it
26 is discovered that the original certification is in error.

 

 

SB3012 Enrolled - 53 - LRB096 19629 JAM 35025 b

1 (Source: P.A. 93-847, eff. 7-30-04.)
 
2     (10 ILCS 5/10-15)  (from Ch. 46, par. 10-15)
3     Sec. 10-15. Not less than 68 61 days before the date of the
4 consolidated and nonpartisan elections, each local election
5 official with whom certificates of nomination or nominating
6 petitions have been filed shall certify to each election
7 authority having jurisdiction over any of the territory of his
8 political subdivision the names of all candidates entitled to
9 be printed on the ballot for offices of that political
10 subdivision to be voted upon at such election and direct the
11 election authority to place upon the official ballot for such
12 election the names of such candidates in the same manner and in
13 the same order as shown upon the certification.
14     The local election officials shall certify such candidates
15 for each office in the order in which such candidates'
16 certificates of nomination or nominating petitions were filed
17 in his office. However, subject to appeal, the names of
18 candidates whose petitions have been held invalid by the
19 appropriate electoral board provided in Section 10-9 of this
20 Act shall not be so certified. The certification shall be
21 modified as necessary to comply with the requirements of any
22 other statute or any ordinance adopted pursuant to Article VII
23 of the Constitution prescribing specific provisions for
24 nonpartisan elections, including without limitation Articles 4
25 and 5 of "The Municipal Code" or Article 9 of The School Code.

 

 

SB3012 Enrolled - 54 - LRB096 19629 JAM 35025 b

1     In every instance where applicable, the following shall
2 also be indicated in the certification:
3     (1) The political party affiliation, if any, of the
4 candidates for the respective offices;
5     (2) Where there is to be more than one candidate elected to
6 an office from a political subdivision or district;
7     (3) Where a voter has the right to vote for more than one
8 candidate for an office;
9     (4) The terms of the office to be on the ballot, when a
10 vacancy is to be filled for less than a full term, or when
11 offices of a particular subdivision to be on the ballot at the
12 same election are to be filled for different terms;
13     (5) The territory in which a candidate is required by law
14 to reside, when such residency requirement is not identical to
15 the territory of the political subdivision from which the
16 candidate is to be elected or nominated;
17     (6) Where a candidate's nominating papers or petitions have
18 been objected to and the objection has been sustained by the
19 electoral board established in Section 10-10, the words
20 "OBJECTION SUSTAINED" shall be placed under the title of the
21 office being sought by the candidate and the name of the
22 aggrieved candidate shall not appear; and
23     (7) Where a candidate's nominating papers or petitions have
24 been objected to and the decision of the electoral board
25 established in Section 10-10 is either unknown or known to be
26 in judicial review, the words "OBJECTION PENDING" shall be

 

 

SB3012 Enrolled - 55 - LRB096 19629 JAM 35025 b

1 placed under the title of the office being sought by the
2 candidate and next to the name of the candidate.
3     For the consolidated election, and for the general primary
4 in the case of certain municipalities having annual elections,
5 the candidates of new political parties shall be placed on the
6 ballot for such elections after the established political party
7 candidates and in the order of new political party petition
8 filings.
9     The local election official shall issue an amended
10 certification whenever it is discovered that the original
11 certification is in error.
12 (Source: P.A. 95-699, eff. 11-9-07.)
 
13     (10 ILCS 5/19-2.1)  (from Ch. 46, par. 19-2.1)
14     Sec. 19-2.1. At the consolidated primary, general primary,
15 consolidated, and general elections, electors entitled to vote
16 by absentee ballot under the provisions of Section 19-1 may
17 vote in person at the office of the municipal clerk, if the
18 elector is a resident of a municipality not having a board of
19 election commissioners, or at the office of the township clerk
20 or, in counties not under township organization, at the office
21 of the road district clerk if the elector is not a resident of
22 a municipality; provided, in each case that the municipal,
23 township or road district clerk, as the case may be, is
24 authorized to conduct in-person absentee voting pursuant to
25 this Section. Absentee voting in such municipal and township

 

 

SB3012 Enrolled - 56 - LRB096 19629 JAM 35025 b

1 clerk's offices under this Section shall be conducted from the
2 22nd day through the day before the election.
3     Municipal and township clerks (or road district clerks) who
4 have regularly scheduled working hours at regularly designated
5 offices other than a place of residence and whose offices are
6 open for business during the same hours as the office of the
7 election authority shall conduct in-person absentee voting for
8 said elections. Municipal and township clerks (or road district
9 clerks) who have no regularly scheduled working hours but who
10 have regularly designated offices other than a place of
11 residence shall conduct in-person absentee voting for said
12 elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00
13 a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on
14 Saturdays, but not during such hours as the office of the
15 election authority is closed, unless the clerk files a written
16 waiver with the election authority not later than July 1 of
17 each year stating that he or she is unable to conduct such
18 voting and the reasons therefor. Such clerks who conduct
19 in-person absentee voting may extend their hours for that
20 purpose to include any hours in which the election authority's
21 office is open. Municipal and township clerks (or road district
22 clerks) who have no regularly scheduled office hours and no
23 regularly designated offices other than a place of residence
24 may not conduct in-person absentee voting for said elections.
25 The election authority may devise alternative methods for
26 in-person absentee voting before said elections for those

 

 

SB3012 Enrolled - 57 - LRB096 19629 JAM 35025 b

1 precincts located within the territorial area of a municipality
2 or township (or road district) wherein the clerk of such
3 municipality or township (or road district) has waived or is
4 not entitled to conduct such voting. In addition, electors may
5 vote by absentee ballot under the provisions of Section 19-1 at
6 the office of the election authority having jurisdiction over
7 their residence. Unless specifically authorized by the
8 election authority, municipal, township, and road district
9 clerks shall not conduct in-person absentee voting. No less
10 than 45 days before the date of an election, the election
11 authority shall notify the municipal, township, and road
12 district clerks within its jurisdiction if they are to conduct
13 in-person absentee voting. Election authorities, however, may
14 conduct in-person absentee voting in one or more designated
15 appropriate public buildings from the fourth day before the
16 election through the day before the election.
17     In conducting in-person absentee voting under this
18 Section, the respective clerks shall be required to verify the
19 signature of the absentee voter by comparison with the
20 signature on the official registration record card. The clerk
21 also shall reasonably ascertain the identity of such applicant,
22 shall verify that each such applicant is a registered voter,
23 and shall verify the precinct in which he or she is registered
24 and the proper ballots of the political subdivisions in which
25 the applicant resides and is entitled to vote, prior to
26 providing any absentee ballot to such applicant. The clerk

 

 

SB3012 Enrolled - 58 - LRB096 19629 JAM 35025 b

1 shall verify the applicant's registration and from the most
2 recent poll list provided by the county clerk, and if the
3 applicant is not listed on that poll list then by telephoning
4 the office of the county clerk.
5     Absentee voting procedures in the office of the municipal,
6 township and road district clerks shall be subject to all of
7 the applicable provisions of this Article 19. Pollwatchers may
8 be appointed to observe in-person absentee voting procedures
9 and view all reasonably requested records relating to the
10 conduct of the election, provided the secrecy of the ballot is
11 not impinged, at the office of the municipal, township or road
12 district clerks' offices where such absentee voting is
13 conducted. Such pollwatchers shall qualify and be appointed in
14 the same manner as provided in Sections 7-34 and 17-23, except
15 each candidate, political party or organization of citizens may
16 appoint only one pollwatcher for each location where in-person
17 absentee voting is conducted. Pollwatchers must be registered
18 to vote in Illinois and possess valid pollwatcher credentials.
19 All requirements in this Article applicable to election
20 authorities shall apply to the respective local clerks, except
21 where inconsistent with this Section.
22     The sealed absentee ballots in their carrier envelope shall
23 be delivered by the respective clerks, or by the election
24 authority on behalf of a clerk if the clerk and the election
25 authority agree, to the election authority's central ballot
26 counting location before the close of the polls on the day of

 

 

SB3012 Enrolled - 59 - LRB096 19629 JAM 35025 b

1 the general primary, consolidated primary, consolidated, or
2 general election.
3     Not more than 23 days before the general and consolidated
4 elections, the county clerk shall make available to those
5 municipal, township and road district clerks conducting
6 in-person absentee voting within such county, a sufficient
7 number of applications, absentee ballots, envelopes, and
8 printed voting instruction slips for use by absentee voters in
9 the offices of such clerks. The respective clerks shall receipt
10 for all ballots received, shall return all unused or spoiled
11 ballots to the county clerk on the day of the election and
12 shall strictly account for all ballots received.
13     The ballots delivered to the respective clerks shall
14 include absentee ballots for each precinct in the municipality,
15 township or road district, or shall include such separate
16 ballots for each political subdivision conducting an election
17 of officers or a referendum on that election day as will permit
18 any resident of the municipality, township or road district to
19 vote absentee in the office of the proper clerk.
20     The clerks of all municipalities, townships and road
21 districts may distribute applications for absentee ballot for
22 the use of voters who wish to mail such applications to the
23 appropriate election authority. Any person may reproduce,
24 distribute, or return to an election authority the application
25 for absentee ballot. Upon receipt, the appropriate election
26 authority shall accept and promptly process any application for

 

 

SB3012 Enrolled - 60 - LRB096 19629 JAM 35025 b

1 absentee ballot. Such applications for absentee ballots shall
2 be made on forms provided by the election authority.
3 Duplication of such forms by the municipal, township or road
4 district clerk is prohibited.
5 (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05;
6 94-1000, eff. 7-3-06.)
 
7     (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
8     Sec. 19-3. Application for such ballot shall be made on
9 blanks to be furnished by the election authority and
10 duplication of such application for ballot is prohibited,
11 except by the election authority. The application for absentee
12 ballot shall be substantially in the following form:
13
APPLICATION FOR ABSENTEE BALLOT
14     To be voted at the .... election in the County of .... and
15 State of Illinois, in the .... precinct of the (1) *township of
16 .... (2) *City of .... or (3) *.... ward in the City of ....
17     I state that I am a resident of the .... precinct of the
18 (1) *township of .... (2) *City of .... or (3) *.... ward in
19 the city of .... residing at .... in such city or town in the
20 county of .... and State of Illinois; that I have lived at such
21 address for .... month(s) last past; that I am lawfully
22 entitled to vote in such precinct at the .... election to be
23 held therein on ....; and that I wish to vote by absentee
24 ballot.
25     I hereby make application for an official ballot or ballots

 

 

SB3012 Enrolled - 61 - LRB096 19629 JAM 35025 b

1 to be voted by me at such election, and I agree that I shall
2 return such ballot or ballots to the official issuing the same
3 prior to the closing of the polls on the date of the election
4 or, if returned by mail, postmarked no later than midnight
5 preceding election day, for counting no later than during the
6 period for counting provisional ballots, the last day of which
7 is the 14th day following election day.
8     Under penalties as provided by law pursuant to Section
9 29-10 of The Election Code, the undersigned certifies that the
10 statements set forth in this application are true and correct.
11
....
12
*fill in either (1), (2) or (3).
13
Post office address to which ballot is mailed:
14 ...............
15     However, if application is made for a primary election
16 ballot, such application shall require the applicant to
17 designate the name of the political party with which the
18 applicant is affiliated.
19     Any person may reproduce, distribute, or return to an
20 election authority the application for absentee ballot. Upon
21 receipt, the appropriate election authority shall accept and
22 promptly process any application for absentee ballot.
23 or, if returned by mail, postmarked no later than midnight
24 preceding election day, for counting no later than during the
25 period for counting provisional ballots, the last day of which
26 is the 14th day following election day

 

 

SB3012 Enrolled - 62 - LRB096 19629 JAM 35025 b

1 or, if returned by mail, postmarked no later than midnight
2 preceding election day, for counting no later than during the
3 period for counting provisional ballots, the last day of which
4 is the 14th day following election day
5 or, if returned by mail, postmarked no later than midnight
6 preceding election day, for counting no later than during the
7 period for counting provisional ballots, the last day of which
8 is the 14th day following election day
9 or, if returned by mail, postmarked no later than midnight
10 preceding election day, for counting no later than during the
11 period for counting provisional ballots, the last day of which
12 is the 14th day following election day
13 or, if returned by mail, postmarked no later than midnight
14 preceding election day, for counting no later than during the
15 period for counting provisional ballots, the last day of which
16 is the 14th day following election day
17 or, if returned by mail, postmarked no later than midnight
18 preceding election day, for counting no later than during the
19 period for counting provisional ballots, the last day of which
20 is the 14th day following election day
21 or, if returned by mail, postmarked no later than midnight
22 preceding election day, for counting no later than during the
23 period for counting provisional ballots, the last day of which
24 is the 14th day following election day
25 (Source: P.A. 95-440, eff. 8-27-07; 96-312, eff. 1-1-10;
26 96-553, eff. 8-17-09; revised 9-15-09.)
 

 

 

SB3012 Enrolled - 63 - LRB096 19629 JAM 35025 b

1     (10 ILCS 5/28-2)  (from Ch. 46, par. 28-2)
2     Sec. 28-2. (a) Except as otherwise provided in this
3 Section, petitions for the submission of public questions to
4 referendum must be filed with the appropriate officer or board
5 not less than 92 78 days prior to a regular election to be
6 eligible for submission on the ballot at such election; and
7 petitions for the submission of a question under Section 18-120
8 of the Property Tax Code must be filed with the appropriate
9 officer or board not more than 10 months nor less than 6 months
10 prior to the election at which such question is to be submitted
11 to the voters.
12     (b) However, petitions for the submission of a public
13 question to referendum which proposes the creation or formation
14 of a political subdivision must be filed with the appropriate
15 officer or board not less than 122 108 days prior to a regular
16 election to be eligible for submission on the ballot at such
17 election.
18     (c) Resolutions or ordinances of governing boards of
19 political subdivisions which initiate the submission of public
20 questions pursuant to law must be adopted not less than 79 65
21 days before a regularly scheduled election to be eligible for
22 submission on the ballot at such election.
23     (d) A petition, resolution or ordinance initiating the
24 submission of a public question may specify a regular election
25 at which the question is to be submitted, and must so specify

 

 

SB3012 Enrolled - 64 - LRB096 19629 JAM 35025 b

1 if the statute authorizing the public question requires
2 submission at a particular election. However, no petition,
3 resolution or ordinance initiating the submission of a public
4 question, other than a legislative resolution initiating an
5 amendment to the Constitution, may specify such submission at
6 an election more than one year, or 15 months in the case of a
7 back door referendum as defined in subsection (f), after the
8 date on which it is filed or adopted, as the case may be. A
9 petition, resolution or ordinance initiating a public question
10 which specifies a particular election at which the question is
11 to be submitted shall be so limited, and shall not be valid as
12 to any other election, other than an emergency referendum
13 ordered pursuant to Section 2A-1.4.
14     (e) If a petition initiating a public question does not
15 specify a regularly scheduled election, the public question
16 shall be submitted to referendum at the next regular election
17 occurring not less than 92 78 days after the filing of the
18 petition, or not less than 122 108 days after the filing of a
19 petition for referendum to create a political subdivision. If a
20 resolution or ordinance initiating a public question does not
21 specify a regularly scheduled election, the public question
22 shall be submitted to referendum at the next regular election
23 occurring not less than 79 65 days after the adoption of the
24 resolution or ordinance.
25     (f) In the case of back door referenda, any limitations in
26 another statute authorizing such a referendum which restrict

 

 

SB3012 Enrolled - 65 - LRB096 19629 JAM 35025 b

1 the time in which the initiating petition may be validly filed
2 shall apply to such petition, in addition to the filing
3 deadlines specified in this Section for submission at a
4 particular election. In the case of any back door referendum,
5 the publication of the ordinance or resolution of the political
6 subdivision shall include a notice of (1) the specific number
7 of voters required to sign a petition requesting that a public
8 question be submitted to the voters of the subdivision; (2) the
9 time within which the petition must be filed; and (3) the date
10 of the prospective referendum. The secretary or clerk of the
11 political subdivision shall provide a petition form to any
12 individual requesting one. The legal sufficiency of that form,
13 if provided by the secretary or clerk of the political
14 subdivision, cannot be the basis of a challenge to placing the
15 back door referendum on the ballot. As used herein, a "back
16 door referendum" is the submission of a public question to the
17 voters of a political subdivision, initiated by a petition of
18 voters or residents of such political subdivision, to determine
19 whether an action by the governing body of such subdivision
20 shall be adopted or rejected.
21     (g) A petition for the incorporation or formation of a new
22 political subdivision whose officers are to be elected rather
23 than appointed must have attached to it an affidavit attesting
24 that at least 122 108 days and no more than 152 138 days prior
25 to such election notice of intention to file such petition was
26 published in a newspaper published within the proposed

 

 

SB3012 Enrolled - 66 - LRB096 19629 JAM 35025 b

1 political subdivision, or if none, in a newspaper of general
2 circulation within the territory of the proposed political
3 subdivision in substantially the following form:
4
NOTICE OF PETITION TO FORM A NEW........
5     Residents of the territory described below are notified
6 that a petition will or has been filed in the Office
7 of............requesting a referendum to establish a
8 new........, to be called the............
9     *The officers of the new...........will be elected on the
10 same day as the referendum. Candidates for the governing board
11 of the new......may file nominating petitions with the officer
12 named above until...........
13     The territory proposed to comprise the new........is
14 described as follows:
15         (description of territory included in petition)
16         (signature)....................................
17         Name and address of person or persons proposing
18         the new political subdivision.
19     * Where applicable.
20     Failure to file such affidavit, or failure to publish the
21 required notice with the correct information contained therein
22 shall render the petition, and any referendum held pursuant to
23 such petition, null and void.
24     Notwithstanding the foregoing provisions of this
25 subsection (g) or any other provisions of this Code, the
26 publication of notice and affidavit requirements of this

 

 

SB3012 Enrolled - 67 - LRB096 19629 JAM 35025 b

1 subsection (g) shall not apply to any petition filed under
2 Article 7 or 11E of the School Code nor to any referendum held
3 pursuant to any such petition, and neither any petition filed
4 under any of those Articles nor any referendum held pursuant to
5 any such petition shall be rendered null and void because of
6 the failure to file an affidavit or publish a notice with
7 respect to the petition or referendum as required under this
8 subsection (g) for petitions that are not filed under any of
9 those Articles of the School Code.
10 (Source: P.A. 94-30, eff. 6-14-05; 94-578, eff. 8-12-05;
11 94-1019, eff. 7-10-06.)
 
12     Section 10. The Revised Cities and Villages Act of 1941 is
13 amended by changing Section 21-29 as follows:
 
14     (65 ILCS 20/21-29)  (from Ch. 24, par. 21-29)
15     Sec. 21-29. Withdrawals and substitution of candidates.
16     Any candidate for alderman under the provisions of this
17 article may withdraw his name as a candidate by filing with the
18 board of election commissioners of the city of Chicago not
19 later than the date of certification of the ballot twenty days
20 before the holding of the election his written request signed
21 by him and duly acknowledged before an officer qualified to
22 take acknowledgements of deeds, whereupon his name shall not be
23 printed as a candidate upon the official ballot.
24     If any candidate at an aldermanic election who was not

 

 

SB3012 Enrolled - 68 - LRB096 19629 JAM 35025 b

1 elected as provided for in this article but who shall have
2 received sufficient votes to entitle him to a place on the
3 official ballot at the ensuing supplementary election shall die
4 or withdraw his candidacy before such supplementary election,
5 the name of the candidate who shall receive the next highest
6 number of votes shall be printed on the ballot in lieu of the
7 name of the candidate who shall have died or withdrawn his
8 candidacy.
9 (Source: Laws 1941, vol. 2, p. 19.)
 
10     Section 15. The Liquor Control Act of 1934 is amended by
11 changing Sections 9-2 and 9-4 as follows:
 
12     (235 ILCS 5/9-2)  (from Ch. 43, par. 167)
13     Sec. 9-2. When any legal voters of a precinct in any city,
14 village or incorporated town of more than 200,000 inhabitants,
15 as determined by the last preceding Federal census, desire to
16 pass upon the question of whether the sale at retail of
17 alcoholic liquor shall be prohibited in the precinct or at a
18 particular street address within the precinct, they shall, at
19 least 104 90 days before an election, file in the office of the
20 clerk of such city, village or incorporated town, a petition
21 directed to the clerk, containing the signatures of not less
22 than 25% of the legal voters registered with the board of
23 election commissioners or county clerk, as the case may be,
24 from the precinct. Provided, however, that when the petition

 

 

SB3012 Enrolled - 69 - LRB096 19629 JAM 35025 b

1 seeks to prohibit the sale at retail of alcoholic liquor at a
2 particular street address of a licensed establishment within
3 the precinct the petition shall contain the signatures of not
4 less than 40% of the legal voters requested from that precinct.
5 The petition shall request that the proposition "Shall the sale
6 at retail of alcoholic liquor be prohibited in (or at) ....?"
7 be submitted to the voters of the precinct at the next ensuing
8 election at which such proposition may be voted upon. The
9 submission of the question to the voters of such precinct at
10 such election shall be mandatory when the petition has been
11 filed in proper form with the clerk. If more than one set of
12 petitions are presented to the clerk for submission at the same
13 election, the petition presented first shall be given
14 preference; however, the clerk shall provisionally accept any
15 other set of petitions setting forth the same (or substantially
16 the same) proposition. If the first set of petitions for a
17 proposition is found to be in proper form and is not found to
18 be invalid, it shall be accepted by the clerk and all
19 provisionally accepted sets of petitions setting forth the same
20 (or substantially the same) proposition shall be rejected by
21 the clerk. If the first set of petitions for a proposition is
22 found not to be in proper form or is found to be invalid, the
23 clerk shall (i) reject the first set of petitions, (ii) accept
24 the first provisionally accepted set of petitions that is in
25 proper form and is not found to be invalid, and (iii) reject
26 all other provisionally accepted sets of petitions setting

 

 

SB3012 Enrolled - 70 - LRB096 19629 JAM 35025 b

1 forth the same (or substantially the same) proposition. Notice
2 of the filing of the petition and the result of the election
3 shall be given to the Secretary of State at his offices in
4 both, Chicago and Springfield, Illinois. A return of the result
5 of the election shall be made to the clerk of the city, village
6 or incorporated town in which the precinct is located. If a
7 majority of the voters voting upon such proposition vote "YES",
8 the sale at retail of alcoholic liquor shall be prohibited in
9 the precinct or at the street address. If the sale at retail of
10 alcoholic liquor at a particular street address is prohibited
11 pursuant to this Section, the license for any establishment at
12 that street address shall be void, and no person may apply for
13 a license for the sale at retail of alcoholic liquor at an
14 establishment at that street address unless such prohibition is
15 discontinued pursuant to Section 9-10.
16     In cities, villages and incorporated towns of 200,000 or
17 less population, as determined by the last preceding Federal
18 census, the vote upon the question of prohibiting the sale at
19 retail of alcoholic liquor, or alcoholic liquor other than beer
20 containing not more than 4% of alcohol by volume, or alcoholic
21 liquor containing more than 4% of alcohol by weight in the
22 original package and not for consumption on the premises, shall
23 be by the voters of the political subdivision as a unit. When
24 any legal voters of such a city, village or incorporated town
25 desire to pass upon the question of whether the sale at retail
26 of alcoholic liquor shall be prohibited in the municipality,

 

 

SB3012 Enrolled - 71 - LRB096 19629 JAM 35025 b

1 they shall, at least 104 90 days before an election, file in
2 the office of the clerk of the municipality, a petition
3 directed to the clerk, containing the signatures of not less
4 than 25% of the legal voters registered with the board of
5 election commissioners or county clerk, as the case may be,
6 from the municipality. The petition shall request that the
7 proposition, "Shall the sale at retail of alcoholic liquor be
8 prohibited in....?" be submitted to the voters of the
9 municipality at the next ensuing election at which the
10 proposition may be voted upon. The submission of the question
11 to the voters of the municipality at such election shall be
12 mandatory when the petition has been filed in proper form with
13 the clerk. If more than one set of petitions are presented to
14 the clerk for submission at the same election, setting forth
15 the same or different propositions, the petition presented
16 first shall be given preference and the clerk shall refuse to
17 accept any other set of petitions. Notice of the filing of the
18 petition and the result of the election shall be given to the
19 Secretary of State at his offices in both Chicago and
20 Springfield, Illinois. A return of the result of the election
21 shall be made to the clerk of the city, village or incorporated
22 town. If a majority of the voters voting upon the proposition
23 vote "Yes", the sale at retail of alcoholic liquor shall be
24 prohibited in the municipality.
25     In the event a municipality does not vote to prohibit the
26 sale at retail of alcoholic liquor, the council or governing

 

 

SB3012 Enrolled - 72 - LRB096 19629 JAM 35025 b

1 body shall ascertain and determine what portions of the
2 municipality are predominantly residence districts. No license
3 permitting the sale of alcoholic liquors shall be issued by the
4 local liquor commissioner or licensing officer permitting the
5 sale of alcoholic liquors at any place within the residence
6 district so determined, unless the owner or owners of at least
7 two-thirds of the frontage, 200 feet in each direction along
8 the street and streets adjacent to the place of business for
9 which a license is sought, file with the local liquor
10 commissioner or licensing officer, his or their written consent
11 to the use of such place for the sale of alcoholic liquors.
12     In each township or road district lying outside the
13 corporate limits of a city, village or incorporated town, or in
14 a part of a township or road district lying partly within and
15 partly outside a city, village or incorporated town, the vote
16 of such township, road district or part thereof, shall be as a
17 unit. When any legal voters of any such township, or part
18 thereof, in counties under township organization, or any legal
19 voters of such road district or part thereof, in counties not
20 under township organization, desire to vote upon the
21 proposition as to whether the sale at retail of alcoholic
22 liquor shall be prohibited in such township or road district or
23 part thereof, they shall, at least 90 days before an election,
24 file in the office of the township or road district clerk, of
25 the township or road district within which the election is to
26 be held, a petition directed to the clerk and containing the

 

 

SB3012 Enrolled - 73 - LRB096 19629 JAM 35025 b

1 signatures of not less than 25% of the legal voters registered
2 with the county clerk from such township or road district or
3 part thereof. The submission of the question to the voters of
4 the township, road district or part thereof, at the next
5 ensuing election shall be mandatory when the petition has been
6 filed in proper form with the clerk. If more than one set of
7 petitions are presented to the clerk for submission at the same
8 election, setting forth the same or different propositions, the
9 petition presented first shall be given preference and the
10 clerk shall refuse to accept any other set of petitions. A
11 return of the result of such election shall be made to the
12 clerk of the township or road district in which the territory
13 is situated, and shall also be made to the Secretary of State
14 at his offices in both Chicago and Springfield, Illinois.
15 (Source: P.A. 88-613, eff. 1-1-95.)
 
16     (235 ILCS 5/9-4)  (from Ch. 43, par. 169)
17     Sec. 9-4. A petition for submission of the proposition
18 shall be in substantially the following form:
19     To the .... clerk of the (here insert the corporate or
20 legal name of the county, township, road district, city,
21 village or incorporated town):
22     The undersigned, residents and legal voters of the ....
23 (insert the legal name or correct designation of the political
24 subdivision or precinct, as the case may be), respectfully
25 petition that you cause to be submitted, in the manner provided

 

 

SB3012 Enrolled - 74 - LRB096 19629 JAM 35025 b

1 by law, to the voters thereof, at the next election, the
2 proposition "Shall the sale at retail of alcoholic liquor (or
3 alcoholic liquor other than beer containing not more than 4% of
4 alcohol by weight) (or alcoholic liquor containing more than 4%
5 of alcohol by weight except in the original package and not for
6 consumption on the premises) be prohibited in this .... (or at
7 the following address ....)?"
8 -------------------------------------------------------------
9  Name of   P. O. address   Description of precinct  Date of
10  signer    (including      township, road district  signing
11            street no.,     or part thereof, as of
12            if any).        the last general
13                            election
14 -------------------------------------------------------------
15     A petition for a proposition to be submitted to the voters
16 of a precinct shall also contain in plain and nonlegal language
17 a description of the precinct to which the proposition is to be
18 submitted at the election. The description shall describe the
19 territory of the precinct by reference to streets, natural or
20 artificial landmarks, addresses, or by any other method which
21 would enable a voter signing such petition to be informed of
22 the territory of the precinct. Each such petition for a
23 precinct referendum shall also contain a list of the names and
24 addresses of all licensees in the precinct.
25     Such petition shall conform to the requirements of the
26 general election law, as to form and signature requirements.

 

 

SB3012 Enrolled - 75 - LRB096 19629 JAM 35025 b

1 The circulator's statement shall include an attestation of: (1)
2 that none of the signatures on this petition sheet were signed
3 more than 4 months before the filing of this petition, or (2)
4 the dates on which the petitioners signed the petition, and
5 shall be sworn to before an officer residing in the county
6 where such legal voters reside and authorized to administer
7 oaths therein. No signature shall be revoked except by a
8 revocation filed within 20 days from the filing of the petition
9 with the clerk with whom the petition is required to be filed.
10 Upon request of any citizen for a photostatic copy of the
11 petition and paying or tendering to the clerk the costs of
12 making the photostatic copy, the clerk shall immediately make,
13 or cause to be made a photostatic copy of such petition. The
14 clerk shall also deliver to such person, his official
15 certification that such copy is a true copy of the original,
16 stating the day when such original was filed in his office. Any
17 5 legal voters or any affected licensee of any political
18 subdivision, district or precinct in which a proposed election
19 is about to be held as provided for in this Act, within any
20 time up to 72 30 days immediately prior to the date of such
21 proposed election and upon filing a bond for costs, may contest
22 the validity of the petitions for such election by filing a
23 verified petition in the Circuit Court for the county in which
24 the political subdivision, district or precinct is situated,
25 setting forth the grounds for contesting the validity of such
26 petitions. Upon the filing of the petition, a summons shall be

 

 

SB3012 Enrolled - 76 - LRB096 19629 JAM 35025 b

1 issued by the Court, addressed to the appropriate city,
2 village, town, township or road district clerk, notifying the
3 clerk of the filing of the petition and directing him to appear
4 before the Court on behalf of the political subdivision or
5 district at the time named in the summons; provided, the time
6 shall not be less than 5 days nor more than 15 days after the
7 filing of the petition. The procedure in these cases, as far as
8 may be applicable, shall be the same as that provided for the
9 objections to petitions in the general election law. Any legal
10 voter in the political subdivision or precinct in which such
11 election is to be held may appear in person or by counsel, in
12 any such contest to defend or oppose the validity of the
13 petition for election.
14     The municipal, town or road district clerk shall certify
15 the proposition to be submitted at the election to the
16 appropriate election officials, in accordance with the general
17 election law, unless the petition has been determined to be
18 invalid. If the court determines the petitions to be invalid
19 subsequent to the certification by the clerk, the court's order
20 shall be transmitted to the election officials and shall
21 nullify such certification.
22 (Source: P.A. 86-861; 87-347.)
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.