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Full Text of HB2854  97th General Assembly

HB2854 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2854

 

Introduced 2/22/2011, by Rep. Jim Watson

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-10  from Ch. 46, par. 7-10
10 ILCS 5/7-12  from Ch. 46, par. 7-12
10 ILCS 5/10-4  from Ch. 46, par. 10-4
10 ILCS 5/10-6.1  from Ch. 46, par. 10-6.1

    Amends the Election Code. Provides that, in lieu of filing a petition for nomination, a candidate may pay a filing fee to the office of the State or local election official charged with accepting nomination petitions for that office. Provides that the fee shall be equal to 1% of the annual salary of the office for which the candidate is seeking nomination or $50 if the office is non-salaried.


LRB097 10527 HLH 50854 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2854LRB097 10527 HLH 50854 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 7-10, 7-12, 10-4, and 10-6.1 as follows:
 
6    (10 ILCS 5/7-10)  (from Ch. 46, par. 7-10)
7    Sec. 7-10. Form of petition for nomination. The name of no
8candidate for nomination, or State central committeeman, or
9township committeeman, or precinct committeeman, or ward
10committeeman or candidate for delegate or alternate delegate to
11national nominating conventions, shall be printed upon the
12primary ballot unless he or she pays a filing fee as provided
13in this Section or unless a petition for nomination has been
14filed in his behalf as provided in this Article in
15substantially the following form:
16    We, the undersigned, members of and affiliated with the
17.... party and qualified primary electors of the .... party, in
18the .... of ...., in the county of .... and State of Illinois,
19do hereby petition that the following named person or persons
20shall be a candidate or candidates of the .... party for the
21nomination for (or in case of committeemen for election to) the
22office or offices hereinafter specified, to be voted for at the
23primary election to be held on (insert date).

 

 

 

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1    NameOfficeAddress
2John JonesGovernorBelvidere, Ill.
3Jane James Lieutenant Governor Peoria, Ill.
4Thomas SmithAttorney GeneralOakland, Ill.
5Name..................         Address.......................
 
6State of Illinois)
7                 ) ss.
8County of........)
9    I, ...., do hereby certify that I reside at No. ....
10street, in the .... of ...., county of ...., and State of
11....., that I am 18 years of age or older, that I am a citizen
12of the United States, and that the signatures on this sheet
13were signed in my presence, and are genuine, and that to the
14best of my knowledge and belief the persons so signing were at
15the time of signing the petitions qualified voters of the ....
16party, and that their respective residences are correctly
17stated, as above set forth.
18
.........................
19    Subscribed and sworn to before me on (insert date).
20
.........................

 
21    Each sheet of the petition other than the statement of
22candidacy and candidate's statement shall be of uniform size
23and shall contain above the space for signatures an appropriate

 

 

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

 

 

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

 

 

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

 

 

 

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

 

 

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

 

 

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1number of signatures equal to 0.5% of the qualified primary
2electors of his or her party in his or her congressional
3district. In the first primary election following a
4redistricting of congressional districts, a candidate's
5petition for nomination must contain at least 600 signatures of
6qualified primary electors of the candidate's political party
7in his or her congressional district.
8    (c) County office. If a candidate seeks to run for any
9countywide office, including but not limited to county board
10chairperson or county board member, elected on an at-large
11basis, in a county other than Cook County, then the candidate's
12petition for nomination must contain at least the number of
13signatures equal to 0.5% of the qualified electors of his or
14her party who cast votes at the last preceding general election
15in his or her county. If a candidate seeks to run for county
16board member elected from a county board district, then the
17candidate's petition for nomination must contain at least the
18number of signatures equal to 0.5% of the qualified primary
19electors of his or her party in the county board district. In
20the first primary election following a redistricting of county
21board districts or the initial establishment of county board
22districts, a candidate's petition for nomination must contain
23at least the number of signatures equal to 0.5% of the
24qualified electors of his or her party in the entire county who
25cast votes at the last preceding general election divided by
26the total number of county board districts comprising the

 

 

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

 

 

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

 

 

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

 

 

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1signatures of 150 qualified primary electors of his or her ward
2of that sanitary district.
3    (h) Judicial office. If a candidate seeks to run for
4judicial office in a district, then the candidate's petition
5for nomination must contain the number of signatures equal to
60.4% of the number of votes cast in that district for the
7candidate for his or her political party for the office of
8Governor at the last general election at which a Governor was
9elected, but in no event less than 500 signatures. If a
10candidate seeks to run for judicial office in a circuit or
11subcircuit, then the candidate's petition for nomination must
12contain the number of signatures equal to 0.25% of the number
13of votes cast for the judicial candidate of his or her
14political party who received the highest number of votes at the
15last general election at which a judicial officer from the same
16circuit or subcircuit was regularly scheduled to be elected,
17but in no event less than 500 signatures.
18    (i) Precinct, ward, and township committeeperson. If a
19candidate seeks to run for precinct committeeperson, then the
20candidate's petition for nomination must contain at least 10
21signatures of the primary electors of his or her party for the
22precinct. If a candidate seeks to run for ward committeeperson,
23then the candidate's petition for nomination must contain no
24less than the number of signatures equal to 10% of the primary
25electors of his or her party of the ward, but no more than 16%
26of those same electors; provided that the maximum number of

 

 

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

 

 

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

 

 

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1choose, in lieu of filing a petition for nomination, to pay a
2filing fee to the office of the State or local election
3official charged with accepting nomination petitions for that
4office. The filing fee shall be equal to 1% of the annual
5salary of the office for which the candidate is seeking
6nomination. If the candidate is seeking nomination for a
7non-salaried office, then the filing fee shall be $50.
8(Source: P.A. 95-699, eff. 11-9-07; 95-916, eff. 8-26-08;
996-1018, eff. 1-1-11.)
 
10    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
11    Sec. 7-12. All petitions for nomination shall be filed by
12mail or in person as follows:
13        (1) Where the nomination is to be made for a State,
14    congressional, or judicial office, or for any office a
15    nomination for which is made for a territorial division or
16    district which comprises more than one county or is partly
17    in one county and partly in another county or counties,
18    then, except as otherwise provided in this Section, such
19    petition for nomination shall be filed in the principal
20    office of the State Board of Elections not more than 113
21    and not less than 106 days prior to the date of the
22    primary, but, in the case of petitions for nomination to
23    fill a vacancy by special election in the office of
24    representative in Congress from this State, such petition
25    for nomination shall be filed in the principal office of

 

 

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1    the State Board of Elections not more than 57 days and not
2    less than 50 days prior to the date of the primary.
3        Where a vacancy occurs in the office of Supreme,
4    Appellate or Circuit Court Judge within the 3-week period
5    preceding the 106th day before a general primary election,
6    petitions for nomination for the office in which the
7    vacancy has occurred shall be filed in the principal office
8    of the State Board of Elections not more than 92 nor less
9    than 85 days prior to the date of the general primary
10    election.
11        Where the nomination is to be made for delegates or
12    alternate delegates to a national nominating convention,
13    then such petition for nomination shall be filed in the
14    principal office of the State Board of Elections not more
15    than 113 and not less than 106 days prior to the date of
16    the primary; provided, however, that if the rules or
17    policies of a national political party conflict with such
18    requirements for filing petitions for nomination for
19    delegates or alternate delegates to a national nominating
20    convention, the chairman of the State central committee of
21    such national political party shall notify the Board in
22    writing, citing by reference the rules or policies of the
23    national political party in conflict, and in such case the
24    Board shall direct such petitions to be filed not more than
25    83 and not less than 76 days prior to the date of the
26    primary.

 

 

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

 

 

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

 

 

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

 

 

HB2854- 20 -LRB097 10527 HLH 50854 b

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

 

 

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

 

 

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

 

 

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

 

 

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1    for a candidate to the same office, the State Board of
2    Elections, appropriate election authority or local
3    election official where the petitions are filed shall
4    within 2 business days notify the candidate of his or her
5    multiple petition filings and that the candidate has 3
6    business days after receipt of the notice to notify the
7    State Board of Elections, appropriate election authority
8    or local election official that he or she may cancel prior
9    sets of petitions. If the candidate notifies the State
10    Board of Elections, appropriate election authority or
11    local election official, the last set of petitions filed
12    shall be the only petitions to be considered valid by the
13    State Board of Elections, election authority or local
14    election official. If the candidate fails to notify the
15    State Board of Elections, election authority or local
16    election official then only the first set of petitions
17    filed shall be valid and all subsequent petitions shall be
18    void.
19        (12) All nominating petitions shall be available for
20    public inspection and shall be preserved for a period of
21    not less than 6 months.
22(Source: P.A. 96-1008, eff. 7-6-10.)
 
23    (10 ILCS 5/10-4)  (from Ch. 46, par. 10-4)
24    Sec. 10-4. Form of petition for nomination. All petitions
25for nomination under this Article 10 for candidates for public

 

 

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

 

 

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

 

 

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

 

 

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1primary or general election, or for such candidates and parties
2with respect to the same political subdivision at the next
3consolidated election.
4    Notwithstanding any other provision of law, a candidate may
5choose, in lieu of filing a petition for nomination, to pay a
6filing fee to the office of the State or local election
7official charged with accepting nomination petitions for that
8office. The filing fee shall be equal to 1% of the annual
9salary of the office for which the candidate is seeking
10nomination. If the candidate is seeking nomination for a
11non-salaried office, then the filing fee shall be $50.
12(Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01.)
 
13    (10 ILCS 5/10-6.1)  (from Ch. 46, par. 10-6.1)
14    Sec. 10-6.1. The board or clerk with whom a certificate of
15nomination or nomination papers are filed shall notify the
16person for whom such papers are filed or for whom a nomination
17fee described in Section 10-4 is paid of the obligation to file
18statements of organization, reports of campaign contributions,
19and annual reports of campaign contributions and expenditures
20under Article 9 of this Act. Such notice shall be given in the
21manner prescribed by paragraph (7) of Section 9-16 of this
22Code.
23(Source: P.A. 81-1189.)