093_HB3109

 
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 1        AN ACT concerning elections.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Election  Code  is  amended  by  changing
 5    Sections 10-2 and 10-3 as follows:

 6        (10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
 7        Sec.  10-2.  The  term  "political party", as hereinafter
 8    used  in  this  Article  10,  shall  mean  any   "established
 9    political  party", as hereinafter defined and shall also mean
10    any political group which shall hereafter undertake  to  form
11    an  established political party in the manner provided for in
12    this Article 10: Provided, that no political organization  or
13    group  shall  be qualified as a political party hereunder, or
14    given a place on a ballot, which  organization  or  group  is
15    associated,  directly or indirectly, with Communist, Fascist,
16    Nazi  or  other  un-American  principles   and   engages   in
17    activities  or  propaganda  designed to teach subservience to
18    the political principles and ideals of foreign nations or the
19    overthrow by violence of the established constitutional  form
20    of government of the United States and the State of Illinois.
21        A political party which, at the last general election for
22    State  and  county  officers,  polled  for  its candidate for
23    Governor more than 5% of the entire vote cast  for  Governor,
24    is  hereby declared to be an "established political party" as
25    to the State and as to any district or political  subdivision
26    thereof.
27        A  political  party  which,  at  the last election in any
28    congressional   district,   legislative   district,   county,
29    township, municipality  or  other  political  subdivision  or
30    district in the State, polled more than 5% of the entire vote
31    cast  within  such territorial area or political subdivision,
 
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 1    as the case may be, has voted as a unit for the  election  of
 2    officers  to  serve  the  respective territorial area of such
 3    district or political subdivision, is hereby declared  to  be
 4    an  "established  political party" within the meaning of this
 5    Article as to such district or political subdivision.
 6        Any group of persons hereafter desiring  to  form  a  new
 7    political   party   throughout   the   State,   or   in   any
 8    congressional,  legislative  or  judicial district, or in any
 9    other district or in any political subdivision (other than  a
10    municipality) not entirely within a single county, shall file
11    with  the State Board of Elections a petition, as hereinafter
12    provided; and any such group of persons hereafter desiring to
13    form a new political party within any county shall file  such
14    petition with the county clerk; and any such group of persons
15    hereafter  desiring  to form a new political party within any
16    municipality or township or within any district of a unit  of
17    local government other than a county shall file such petition
18    with  the  local  election  official  or  Board  of  Election
19    Commissioners of such municipality, township or other unit of
20    local  government,  as the case may be. Any such petition for
21    the formation of a new political party throughout the  State,
22    or in any such district or political subdivision, as the case
23    may be, shall declare as concisely as may be the intention of
24    the  signers  thereof to form such new political party in the
25    State, or in such district or  political  subdivision;  shall
26    state in not more than 5 words the name of such new political
27    party;  shall  at the time of filing  contain a complete list
28    of candidates of such party for all offices to be  filled  in
29    the  State,  or such district or political subdivision as the
30    case may be, at the next ensuing election then  to  be  held;
31    and,  if  such  new  political  party shall be formed for the
32    entire State, shall be signed by at least twice  the  minimum
33    number  of  qualified  voters  of  the  State,  district,  or
34    political subdivision, as the case may be, required to sign a
 
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 1    petition  for  a  candidate of an established political party
 2    for the office with the lowest signature requirement of those
 3    offices slated by the new party. 1% of the number  of  voters
 4    who voted at the next preceding Statewide general election or
 5    25,000  qualified  voters,  whichever  is  less.  If such new
 6    political party shall be formed for any district or political
 7    subdivision less than the entire State, such  petition  shall
 8    be  signed  by  qualified  voters equaling in number not less
 9    than 5% of the  number  of  voters  who  voted  at  the  next
10    preceding  regular  election  in  such  district or political
11    subdivision in which such district or  political  subdivision
12    voted  as  a  unit  for the election of officers to serve its
13    respective territorial area.  However, whenever  the  minimum
14    signature requirement for a district or political subdivision
15    new  political party petition shall exceed the minimum number
16    of signatures for State-wide new political party petitions at
17    the  next  preceding  State-wide   general   election,   such
18    State-wide   petition  signature  requirement  shall  be  the
19    minimum  for  such  district  or  political  subdivision  new
20    political party petition.
21        For the  first  election  following  a  redistricting  of
22    congressional  districts,  a petition to form a new political
23    party in a congressional district shall be signed by at least
24    5,000 qualified voters of the congressional  district.    For
25    the  first  election following a redistricting of legislative
26    districts, a petition to form a  new  political  party  in  a
27    legislative  district  shall  be  signed  by  at  least 3,000
28    qualified voters of the legislative district. For  the  first
29    election   following   a   redistricting   of  representative
30    districts, a petition to form a  new  political  party  in  a
31    representative  district  shall  be  signed by at least 1,500
32    qualified voters of the representative district.
33        For the first election following redistricting of  county
34    board  districts,  or of municipal wards or districts, or for
 
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 1    the first election following  the  initial  establishment  of
 2    such  districts  or  wards  in  a  county  or municipality, a
 3    petition to form a new political  party  in  a  county  board
 4    district  or  in a municipal ward or district shall be signed
 5    by qualified voters of the district or ward equal to not less
 6    than 5% of the total number of votes cast  at  the  preceding
 7    general  or  municipal  election, as the case may be, for the
 8    county or municipal office voted on throughout the county  or
 9    municipality  for  which  the  greatest total number of votes
10    were cast for  all  candidates,  divided  by  the  number  of
11    districts  or  wards,  but  in  any  event  not  less than 25
12    qualified voters of the district or ward.
13        In the case of a petition to form a new  political  party
14    within  a  political  subdivision in which officers are to be
15    elected from districts  and  at-large,  such  petition  shall
16    consist  of  separate components for each district from which
17    an officer  is  to  be  elected.   Each  component  shall  be
18    circulated   only   within   a   district  of  the  political
19    subdivision and signed only by  qualified  electors  who  are
20    residents of such district.  Each sheet of such petition must
21    contain a complete list of the names of the candidates of the
22    party   for  all  offices  to  be  filled  in  the  political
23    subdivision  at  large,  but  the  sheets   comprising   each
24    component shall also contain the names of those candidates to
25    be  elected  from the particular district.  Each component of
26    the petition for each district from which an officer is to be
27    elected must be signed by qualified voters  of  the  district
28    equalling  in  number  at  least  twice the minimum number of
29    signatures  required  for  a  candidate  of  an   established
30    political  party  for the same office not less than 5% of the
31    number of voters who voted  at  the  next  preceding  regular
32    election  in such district at which an officer was elected to
33    serve  the  district.  The  entire  petition,  including  all
34    components, must be signed by a total of qualified voters  of
 
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 1    the entire political subdivision equalling in number not less
 2    than  5%  of  the  number  of  voters  who  voted at the next
 3    preceding regular election in such political  subdivision  at
 4    which   an   officer  was  elected  to  serve  the  political
 5    subdivision at large.
 6        The  filing  of  such  petition  shall   constitute   the
 7    political  group  a new political party, for the purpose only
 8    of placing upon the ballot at such next ensuing election such
 9    list or an adjusted list in accordance with Section 10-11, of
10    party candidates for offices to be voted for  throughout  the
11    State,  or  for  offices  to be voted for in such district or
12    political subdivision less than the State, as  the  case  may
13    be,  under  the  name  of  and  as the candidates of such new
14    political party.
15        If, at such ensuing election, the new  political  party's
16    candidate  for  Governor  shall  receive  more than 5% of the
17    entire votes cast for Governor, then such new political party
18    shall become an "established political party" as to the State
19    and as to every district or  political  subdivision  thereof.
20    If, at such ensuing election, the other candidates of the new
21    political  party, or any other candidate or candidates of the
22    new political party shall receive more than  5%  of  all  the
23    votes  cast  for  the  office  or offices for which they were
24    candidates at such election, in the State, or in any district
25    or political subdivision, as the case may  be,  then  and  in
26    that   event,  such  new  political  party  shall  become  an
27    "established political party" within the State or within such
28    district or political subdivision less than the State, as the
29    case may be, in which such candidate or  candidates  received
30    more  than 5% of the votes cast for the office or offices for
31    which they were candidates. It shall thereafter nominate  its
32    candidates  for  public offices to be filled in the State, or
33    such district or political subdivision, as the case  may  be,
34    under the provisions of the laws regulating the nomination of
 
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 1    candidates   of  established  political  parties  at  primary
 2    elections  and  political  party  conventions,  as   now   or
 3    hereafter in force.
 4        A  political  party  which  continues  to receive for its
 5    candidate for Governor more than 5% of the entire  vote  cast
 6    for  Governor,  shall remain an "established political party"
 7    as to the  State  and  as  to  every  district  or  political
 8    subdivision  thereof.  But if the political party's candidate
 9    for Governor fails to receive more than 5% of the entire vote
10    cast for  Governor,  or  if  the  political  party  does  not
11    nominate  a candidate for Governor, the political party shall
12    remain an "established political party" within the  State  or
13    within  such  district or political subdivision less than the
14    State, as the case may be, only so long as, and only in those
15    districts or political subdivisions in which, the  candidates
16    of  that  political  party, or any candidate or candidates of
17    that political party, continue to receive more than 5% of all
18    the votes cast for the office or offices for which they  were
19    candidates  at  succeeding  general or consolidated elections
20    within  the  State  or  within  any  district  or   political
21    subdivision, as the case may be.
22        Any  such  petition  shall  be filed at the same time and
23    shall be subject to the same requirements  and  to  the  same
24    provisions  in  respect  to  objections  thereto  and  to any
25    hearing or hearings upon such objections that are hereinafter
26    in this Article 10 contained in regard to the  nomination  of
27    any  other  candidate  or candidates by petition. If any such
28    new political party shall become  an  "established  political
29    party"  in  the  manner  herein  provided,  the  candidate or
30    candidates of such  new  political  party  nominated  by  the
31    petition  hereinabove  referred to for such initial election,
32    shall have power to select any  such  party  committeeman  or
33    committeemen  as  shall  be  necessary  for the creation of a
34    provisional  party  organization  and  provisional   managing
 
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 1    committee  or  committees for such party within the State, or
 2    in any district or political subdivision  in  which  the  new
 3    political   party  has  become  established;  and  the  party
 4    committeeman or committeemen so selected shall  constitute  a
 5    provisional  party  organization  for the new political party
 6    and shall have and exercise the powers conferred by law  upon
 7    any  party committeeman or committeemen to manage and control
 8    the affairs of  such  new  political  party  until  the  next
 9    ensuing  primary  election  at  which the new political party
10    shall  be  entitled  to  nominate   and   elect   any   party
11    committeeman  or  committeemen  in  the  State,  or  in  such
12    district or political subdivision under any parts of this Act
13    relating to the organization of political parties.
14        A candidate for whom a nomination paper has been filed as
15    a  partisan  candidate  at  a  primary  election,  and who is
16    defeated for his or her nomination at the  primary  election,
17    is  ineligible  for  nomination  as  a  candidate  of  a  new
18    political party for election in that general election.
19    (Source: P.A. 86-875.)

20        (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
21        Sec.  10-3.   Nomination  of  independent candidates (not
22    candidates of any political party),  for  any  office  to  be
23    filled  by  the voters of the State at large may also be made
24    by  nomination  papers  signed  in  the  aggregate  for  each
25    candidate by at least twice  the  minimum  number  of  voters
26    required  to sign petitions for a candidate of an established
27    political party for the same office.  1%  of  the  number  of
28    voters  who  voted  in  the  next preceding Statewide general
29    election or 25,000 qualified voters of the  State,  whichever
30    is  less.  Nominations  of  independent candidates for public
31    office within any district or political subdivision less than
32    the State, may be made by nomination  papers  signed  in  the
33    aggregate  for  each  candidate  by  qualified voters of such
 
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 1    district, or political subdivision, equaling  not  less  than
 2    5%,  nor more than 8% (or 50 more than the minimum, whichever
 3    is greater) of the number of persons, who voted at  the  next
 4    preceding  regular  election  in  such  district or political
 5    subdivision in which such district or  political  subdivision
 6    voted  as  a  unit  for the election of officers to serve its
 7    respective  territorial   area,   except   that   independent
 8    candidates  for  the  General Assembly shall require not less
 9    than 10%, nor more than 16% of  the  number  of  persons  who
10    voted at the next preceding general election in such district
11    or  political subdivision in which such district or political
12    subdivision voted as a unit for the election of  officers  to
13    serve  its respective territorial area. However, whenever the
14    minimum signature requirement for  an  independent  candidate
15    petition for a district or political subdivision office shall
16    exceed  the  minimum  number of signatures for an independent
17    candidate petition for an office to be filled by  the  voters
18    of  the  State  at  large  at  the  next preceding State-wide
19    general  election,   such   State-wide   petition   signature
20    requirement shall be the minimum for an independent candidate
21    petition  for  such district or political subdivision office.
22    For  the  first  election  following   a   redistricting   of
23    congressional districts, nomination papers for an independent
24    candidate  for  congressman shall be signed by at least 5,000
25    qualified voters of the congressional district. For the first
26    election following a redistricting of legislative  districts,
27    nomination  papers  for  an  independent  candidate for State
28    Senator in the General Assembly shall be signed by  at  least
29    3,000  qualified voters of the legislative district.  For the
30    first election following a  redistricting  of  representative
31    districts, nomination papers for an independent candidate for
32    State  Representative in the General Assembly shall be signed
33    by at least 1,500  qualified  voters  of  the  representative
34    district.   For the first election following redistricting of
 
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 1    county board districts, or of municipal wards  or  districts,
 2    or for the first election following the initial establishment
 3    of  such  districts  or  wards  in  a county or municipality,
 4    nomination papers for an  independent  candidate  for  county
 5    board   member,   or   for   alderman   or  trustee  of  such
 6    municipality, shall be signed  by  qualified  voters  of  the
 7    district  or  ward equal to not less than 5% nor more than 8%
 8    (or 50 more than the minimum, whichever is  greater)  of  the
 9    total  number  of  votes  cast  at  the  preceding general or
10    general municipal election, as  the  case  may  be,  for  the
11    county or municipal office voted on throughout such county or
12    municipality  for  which  the  greatest total number of votes
13    were cast for  all  candidates,  divided  by  the  number  of
14    districts  or  wards,  but  in  any  event  not  less than 25
15    qualified voters of the district or ward.  Each voter signing
16    a nomination paper shall add to his signature  his  place  of
17    residence, and each voter may subscribe to one nomination for
18    such office to be filled, and no more: Provided that the name
19    of  any  candidate  whose  name may appear in any other place
20    upon the ballot shall not be so added  by  petition  for  the
21    same office.
22        The  person circulating the petition, or the candidate on
23    whose behalf the  petition  is  circulated,  may  strike  any
24    signature from the petition, provided that;
25             (1)  the person striking the signature shall initial
26        the  petition at the place where the signature is struck;
27        and
28             (2)  the person striking the signature shall sign  a
29        certification  listing the page number and line number of
30        each  signature   struck   from   the   petition.    Such
31        certification shall be filed as a part of the petition.
32             (3)  the   persons   striking  signatures  from  the
33        petition  shall  each  sign  an  additional   certificate
34        specifying  the  number  of  certification  pages listing
 
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 1        stricken signatures which are attached  to  the  petition
 2        and  the  page  numbers indicated on such certifications.
 3        The certificate shall be filed as a part of the petition,
 4        shall be numbered,  and  shall  be  attached  immediately
 5        following  the last page of voters' signatures and before
 6        the certifications of stricken signatures.
 7             (4)  all of  the  foregoing  requirements  shall  be
 8        necessary  to  effect  a valid striking of any signature.
 9        The provisions of this Section authorizing  the  striking
10        of  signatures shall not impose any criminal liability on
11        any person so authorized  for  signatures  which  may  be
12        fraudulent.
13        In  the  case  of  the offices of Governor and Lieutenant
14    Governor a joint petition including one candidate for each of
15    those offices must be filed.
16        Every petition for nomination of an independent candidate
17    for any office for which candidates of established  political
18    parties  are  nominated at the general primary shall be filed
19    within the time designated in Section 7-12  of  this  Act  in
20    regard  to  nomination  at  the  general primary of any other
21    candidate for such office.
22        A candidate for whom a nomination paper has been filed as
23    a partisan candidate  at  a  primary  election,  and  who  is
24    defeated  for  his or her nomination at the primary election,
25    is ineligible to be placed on the ballot  as  an  independent
26    candidate  for  election  in  that  general  or  consolidated
27    election.
28        A  candidate  seeking  election  to  an  office for which
29    candidates of political parties are nominated by  caucus  who
30    is a participant in the caucus and who is defeated for his or
31    her  nomination at such caucus, is ineligible to be listed on
32    the ballot at that general or  consolidated  election  as  an
33    independent candidate.
34    (Source: P.A. 86-867; 86-875; 86-1028; 86-1348.)