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Full Text of SB1990  97th General Assembly

SB1990 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1990

 

Introduced 2/10/2011, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-12  from Ch. 46, par. 7-12
10 ILCS 5/7-59.1 new
10 ILCS 5/7-61  from Ch. 46, par. 7-61
10 ILCS 5/10-6  from Ch. 46, par. 10-6
10 ILCS 5/10-11  from Ch. 46, par. 10-11
10 ILCS 5/17-16.1  from Ch. 46, par. 17-16.1

    Amends the Election Code. Requires that a candidate for nomination or election to a statewide office must file copies of his or her most recent personal income tax returns with the State Board of Elections. Specifies filing deadlines.


LRB097 02712 JAM 42731 b

 

 

A BILL FOR

 

SB1990LRB097 02712 JAM 42731 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 7-12, 7-61, 10-6, 10-11, and 17-16.1 and by adding
6Section 7-59.1 as follows:
 
7    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
8    Sec. 7-12. All petitions for nomination shall be filed by
9mail or in person as follows:
10        (1) Where the nomination is to be made for a State,
11    congressional, or judicial office, or for any office a
12    nomination for which is made for a territorial division or
13    district which comprises more than one county or is partly
14    in one county and partly in another county or counties,
15    then, except as otherwise provided in this Section, such
16    petition for nomination shall be filed in the principal
17    office of the State Board of Elections not more than 113
18    and not less than 106 days prior to the date of the
19    primary, but, in the case of petitions for nomination to
20    fill a vacancy by special election in the office of
21    representative in Congress from this State, such petition
22    for nomination shall be filed in the principal office of
23    the State Board of Elections not more than 57 days and not

 

 

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1    less than 50 days prior to the date of the primary. The
2    person filing the nomination petition of a candidate for a
3    State office as defined in Section 7-4 must file at the
4    same time and place as the nomination petition copies of
5    the candidate's most recently filed personal federal and
6    State income tax returns for the most recently completed
7    tax year, which shall be available for public inspection in
8    the same manner as the candidate's nomination petition. For
9    the purpose of this Section, the phrase "personal federal
10    and State income tax returns" refers to only (i) federal
11    form 1040, 1040A, or 1040EZ, an amended version of any of
12    those forms, or a successor federal form, (ii) federal
13    Schedule A, if required, or a successor federal form, and
14    (iii) the State forms equivalent to items (i) and (ii); the
15    candidate may redact his or her Social Security number from
16    those copies.
17        Where a vacancy occurs in the office of Supreme,
18    Appellate or Circuit Court Judge within the 3-week period
19    preceding the 106th day before a general primary election,
20    petitions for nomination for the office in which the
21    vacancy has occurred shall be filed in the principal office
22    of the State Board of Elections not more than 92 nor less
23    than 85 days prior to the date of the general primary
24    election.
25        Where the nomination is to be made for delegates or
26    alternate delegates to a national nominating convention,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    within such time his name shall not be certified, nor
2    printed on the primary ballot, for any office. For the
3    purpose of the foregoing provisions, an office in a
4    political party is not incompatible with any other office.
5        (10)(a) Notwithstanding the provisions of any other
6    statute, no primary shall be held for an established
7    political party in any township, municipality, or ward
8    thereof, where the nomination of such party for every
9    office to be voted upon by the electors of such township,
10    municipality, or ward thereof, is uncontested. Whenever a
11    political party's nomination of candidates is uncontested
12    as to one or more, but not all, of the offices to be voted
13    upon by the electors of a township, municipality, or ward
14    thereof, then a primary shall be held for that party in
15    such township, municipality, or ward thereof; provided
16    that the primary ballot shall not include those offices
17    within such township, municipality, or ward thereof, for
18    which the nomination is uncontested. For purposes of this
19    Article, the nomination of an established political party
20    of a candidate for election to an office shall be deemed to
21    be uncontested where not more than the number of persons to
22    be nominated have timely filed valid nomination papers
23    seeking the nomination of such party for election to such
24    office.
25        (b) Notwithstanding the provisions of any other
26    statute, no primary election shall be held for an

 

 

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

 

 

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

 

 

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1    State Board of Elections, election authority or local
2    election official then only the first set of petitions
3    filed shall be valid and all subsequent petitions shall be
4    void.
5        (12) All nominating petitions shall be available for
6    public inspection and shall be preserved for a period of
7    not less than 6 months.
8(Source: P.A. 96-1008, eff. 7-6-10.)
 
9    (10 ILCS 5/7-59.1 new)
10    Sec. 7-59.1. Candidate income tax returns. Each candidate
11for a State office, as defined in Section 7-4, nominated at a
12general primary election must file with the State Board of
13Elections copies of the candidate's most recently filed
14personal federal and State income tax returns for the tax year
15most recently completed before that general primary election.
16Each copy must be filed within 30 days after the original
17return was filed with the Internal Revenue Service or
18Department of Revenue, as applicable, and the copies shall be
19available for public inspection in the same manner as the
20candidate's nomination petition. For the purpose of this
21Section, the phrase "personal federal and State income tax
22returns" refers to only (i) federal form 1040, 1040A, or
231040EZ, an amended version of any of those forms, or a
24successor federal form, (ii) federal Schedule A, if required,
25or a successor federal form, and (iii) the State forms

 

 

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1equivalent to items (i) and (ii); the candidate may redact his
2or her Social Security number from those copies.
 
3    (10 ILCS 5/7-61)  (from Ch. 46, par. 7-61)
4    Sec. 7-61. Whenever a special election is necessary the
5provisions of this Article are applicable to the nomination of
6candidates to be voted for at such special election.
7    In cases where a primary election is required the officer
8or board or commission whose duty it is under the provisions of
9this Act relating to general elections to call an election,
10shall fix a date for the primary for the nomination of
11candidates to be voted for at such special election. Notice of
12such primary shall be given at least 15 days prior to the
13maximum time provided for the filing of petitions for such a
14primary as provided in Section 7-12.
15    Any vacancy in nomination under the provisions of this
16Article 7 occurring on or after the primary and prior to
17certification of candidates by the certifying board or officer,
18must be filled prior to the date of certification. Any vacancy
19in nomination occurring after certification but prior to 15
20days before the general election shall be filled within 8 days
21after the event creating the vacancy. The resolution filling
22the vacancy shall be sent by U. S. mail or personal delivery to
23the certifying officer or board within 3 days of the action by
24which the vacancy was filled; provided, if such resolution is
25sent by mail and the U. S. postmark on the envelope containing

 

 

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1such resolution is dated prior to the expiration of such 3 day
2limit, the resolution shall be deemed filed within such 3 day
3limit. Failure to so transmit the resolution within the time
4specified in this Section shall authorize the certifying
5officer or board to certify the original candidate. Vacancies
6shall be filled by the officers of a local municipal or
7township political party as specified in subsection (h) of
8Section 7-8, other than a statewide political party, that is
9established only within a municipality or township and the
10managing committee (or legislative committee in case of a
11candidate for State Senator or representative committee in the
12case of a candidate for State Representative in the General
13Assembly or State central committee in the case of a candidate
14for statewide office, including but not limited to the office
15of United States Senator) of the respective political party for
16the territorial area in which such vacancy occurs.
17    The resolution to fill a vacancy in nomination shall be
18duly acknowledged before an officer qualified to take
19acknowledgements of deeds and shall include, upon its face, the
20following information:
21    (a) the name of the original nominee and the office
22vacated;
23    (b) the date on which the vacancy occurred;
24    (c) the name and address of the nominee selected to fill
25the vacancy and the date of selection.
26    The resolution to fill a vacancy in nomination shall be

 

 

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1accompanied by a Statement of Candidacy, as prescribed in
2Section 7-10, completed by the selected nominee and a receipt
3indicating that such nominee has filed a statement of economic
4interests as required by the Illinois Governmental Ethics Act.
5    The provisions of Section 10-8 through 10-10.1 relating to
6objections to certificates of nomination and nomination
7papers, hearings on objections, and judicial review, shall
8apply to and govern objections to resolutions for filling a
9vacancy in nomination.
10    Any vacancy in nomination occurring 15 days or less before
11the consolidated election or the general election shall not be
12filled. In this event, the certification of the original
13candidate shall stand and his name shall appear on the official
14ballot to be voted at the general election.
15    A vacancy in nomination occurs when a candidate who has
16been nominated under the provisions of this Article 7 dies
17before the election (whether death occurs prior to, on or after
18the day of the primary), or declines the nomination; provided
19that nominations may become vacant for other reasons.
20    If the name of no established political party candidate was
21printed on the consolidated primary ballot for a particular
22office and if no person was nominated as a write-in candidate
23for such office, a vacancy in nomination shall be created which
24may be filled in accordance with the requirements of this
25Section. If the name of no established political party
26candidate was printed on the general primary ballot for a

 

 

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1particular office and if no person was nominated as a write-in
2candidate for such office, a vacancy in nomination shall be
3filled only by a person designated by the appropriate committee
4of the political party and only if that designated person files
5nominating petitions with the number of signatures required for
6an established party candidate for that office within 75 days
7after the day of the general primary. The circulation period
8for those petitions begins on the day the appropriate committee
9designates that person. The person shall file his or her
10nominating petitions, statements of candidacy, notice of
11appointment by the appropriate committee, and receipt of filing
12his or her statement of economic interests together. These
13documents shall be filed at the same location as provided in
14Section 7-12. The electoral boards having jurisdiction under
15Section 10-9 to hear and pass upon objections to nominating
16petitions also shall hear and pass upon objections to
17nomination petitions filed by candidates under this paragraph.
18    When a nominating committee submits to the State Board of
19Elections in accordance with this Section its resolution
20appointing a person to fill a vacancy in nomination for a State
21office as defined in Section 7-4, or when a person files a
22petition with the State Board of Elections in accordance with
23this Section to fill a vacancy in nomination for a State office
24as defined in Section 7-4, the resolution or petition must be
25accompanied by copies of the person's most recently filed
26personal federal and State income tax returns for the most

 

 

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1recently completed tax year, which shall be available for
2public inspection in the same manner as the nominating
3resolution or the candidate's nomination petition; except that
4if the resolution is submitted or the petition is filed after
5the general primary election but before or on April 15, then
6the person so nominated must file with the State Board of
7Elections copies of the person's most recently filed personal
8federal and State income tax returns for the tax year most
9recently completed before that general primary election, and
10each copy must be filed within 30 days after the original
11return was filed with the Internal Revenue Service or
12Department of Revenue, as applicable, and shall be available
13for public inspection in the same manner as the nominating
14resolution or the candidate's nomination petition. For the
15purpose of this Section, the phrase "personal federal and State
16income tax returns" refers to only (i) federal form 1040,
171040A, or 1040EZ, an amended version of any of those forms, or
18a successor federal form, (ii) federal Schedule A, if required,
19or a successor federal form, and (iii) the State forms
20equivalent to items (i) and (ii); the candidate may redact his
21or her Social Security number from those copies.
22    A candidate for whom a nomination paper has been filed as a
23partisan candidate at a primary election, and who is defeated
24for his or her nomination at such primary election, is
25ineligible to be listed on the ballot at that general or
26consolidated election as a candidate of another political

 

 

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1party.
2    A candidate seeking election to an office for which
3candidates of political parties are nominated by caucus who is
4a participant in the caucus and who is defeated for his or her
5nomination at such caucus, is ineligible to be listed on the
6ballot at that general or consolidated election as a candidate
7of another political party.
8    In the proceedings to nominate a candidate to fill a
9vacancy or to fill a vacancy in the nomination, each precinct,
10township, ward, county or congressional district, as the case
11may be, shall through its representative on such central or
12managing committee, be entitled to one vote for each ballot
13voted in such precinct, township, ward, county or congressional
14district, as the case may be, by the primary electors of its
15party at the primary election immediately preceding the meeting
16at which such vacancy is to be filled.
17    For purposes of this Section, the words "certify" and
18"certification" shall refer to the act of officially declaring
19the names of candidates entitled to be printed upon the
20official ballot at an election and directing election
21authorities to place the names of such candidates upon the
22official ballot. "Certifying officers or board" shall refer to
23the local election official, election authority or the State
24Board of Elections, as the case may be, with whom nomination
25papers, including certificates of nomination and resolutions
26to fill vacancies in nomination, are filed and whose duty it is

 

 

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1to "certify" candidates.
2(Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
 
3    (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
4    Sec. 10-6. Time and manner of filing. Certificates of
5nomination and nomination papers for the nomination of
6candidates for offices to be filled by electors of the entire
7State, or any district not entirely within a county, or for
8congressional, state legislative or judicial offices, shall be
9presented to the principal office of the State Board of
10Elections not more than 141 nor less than 134 days previous to
11the day of election for which the candidates are nominated. The
12State Board of Elections shall endorse the certificates of
13nomination or nomination papers, as the case may be, and the
14date and hour of presentment to it.
15    A person filing a nomination petition or paper with the
16State Board of Elections in accordance with this Section for a
17candidate for State office as defined in Section 7-4 must file
18at the same time and place copies of the candidate's most
19recently filed personal federal and State income tax returns
20for the most recently completed tax year, which shall be
21available for public inspection in the same manner as the
22candidate's nomination petition or paper. For the purpose of
23this Section, the phrase "personal federal and State income tax
24returns" refers to only (i) federal form 1040, 1040A, or
251040EZ, an amended version of any of those forms, or a

 

 

SB1990- 19 -LRB097 02712 JAM 42731 b

1successor federal form, (ii) federal Schedule A, if required,
2or a successor federal form, and (iii) the State forms
3equivalent to items (i) and (ii); the candidate may redact his
4or her Social Security number from those copies.
5    Except as otherwise provided in this section, all other
6certificates for the nomination of candidates shall be filed
7with the county clerk of the respective counties not more than
8141 but at least 134 days previous to the day of such election.
9Certificates of nomination and nomination papers for the
10nomination of candidates for the offices of political
11subdivisions to be filled at regular elections other than the
12general election shall be filed with the local election
13official of such subdivision:
14        (1) (Blank);
15        (2) not more than 113 nor less than 106 days prior to
16    the consolidated election; or
17        (3) not more than 113 nor less than 106 days prior to
18    the general primary in the case of municipal offices to be
19    filled at the general primary election; or
20        (4) not more than 99 nor less than 92 days before the
21    consolidated primary in the case of municipal offices to be
22    elected on a nonpartisan basis pursuant to law (including
23    without limitation, those municipal offices subject to
24    Articles 4 and 5 of the Municipal Code); or
25        (5) not more than 113 nor less than 106 days before the
26    municipal primary in even numbered years for such

 

 

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1    nonpartisan municipal offices where annual elections are
2    provided; or
3        (6) in the case of petitions for the office of
4    multi-township assessor, such petitions shall be filed
5    with the election authority not more than 113 nor less than
6    106 days before the consolidated election.
7    However, where a political subdivision's boundaries are
8co-extensive with or are entirely within the jurisdiction of a
9municipal board of election commissioners, the certificates of
10nomination and nomination papers for candidates for such
11political subdivision offices shall be filed in the office of
12such Board.
13(Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
 
14    (10 ILCS 5/10-11)  (from Ch. 46, par. 10-11)
15    Sec. 10-11. Any vacancy in the nomination of a new
16political party candidate occurring prior to the date of
17certification of candidates for the ballot by the certifying
18board or officer must be filled prior to the date of
19certification. The resolution to fill such vacancy shall be
20sent by U.S. mail or personal delivery to the certifying
21officer or board within 3 days of the action by which the
22vacancy was filled; provided, if such resolution is sent by
23mail and the U.S. postmark on the envelope containing such
24resolution is dated prior to the expiration of such 3 day
25limit, the notice or resolution shall be deemed filed within

 

 

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1such 3 day limit. Failure to so transmit the notice or
2resolution within the time specified in this Section shall
3authorize the certifying officer or board to certify the
4original candidate. Vacancies shall be filled by the new
5political party officers.
6    Any vacancy in nomination occurring after certification
7but prior to 15 days before a regular election shall be filled
8by the new political party officers within 8 days after the
9event creating the vacancy in the manner heretofore prescribed.
10    The resolution to fill a vacancy in nomination shall be
11duly acknowledged before an officer qualified to take
12acknowledgements of deeds and shall include, upon its face, the
13following information:
14    (a) the name of the original nominee and the office
15vacated;
16    (b) the date on which the vacancy occurred;
17    (c) the name and address of the nominee selected to fill
18the vacancy and the date of selection.
19    The resolution to fill a vacancy in nomination shall be
20accompanied by a Statement of Candidacy, as prescribed in
21Section 10-5, completed by the selected nominee and a receipt
22indicating that such nominee has filed a statement of economic
23interests as required by the Illinois Governmental Ethics Act.
24    When a new political party submits to the State Board of
25Elections in accordance with this Section its resolution
26appointing a person to fill a vacancy in nomination for a State

 

 

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1office as defined in Section 7-4, the resolution must be
2accompanied by copies of the person's most recently filed
3personal federal and State income tax returns for the most
4recently completed tax year, which shall be available for
5public inspection in the same manner as the nominating
6resolution. For the purpose of this Section, the phrase
7"personal federal and State income tax returns" refers to only
8(i) federal form 1040, 1040A, or 1040EZ, an amended version of
9any of those forms, or a successor federal form, (ii) federal
10Schedule A, if required, or a successor federal form, and (iii)
11the State forms equivalent to items (i) and (ii); the candidate
12may redact his or her Social Security number from those copies.
13    The provisions of Sections 10-8 through 10-10.1 relating to
14objections to certificates of nomination and nomination
15papers, hearings on objections, and judicial review, shall
16apply to and govern objections to resolutions for filling a
17vacancy in nomination.
18    Any vacancy in nomination occurring 15 days or less before
19a regular election shall not be filled. In this event the
20certification of the original candidate shall stand and his
21name shall appear on the official ballot to be voted at the
22election.
23    A vacancy in nomination occurs when a candidate who has
24been nominated under the provisions of Section 10-2 dies before
25the election, or declines the nomination; provided that
26nomination may become vacant for other reasons.

 

 

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1    However, the provisions of this Section shall not apply to
2any vacancy in nomination for a municipal office for which the
3Municipal Code, as now or hereafter amended, provides a
4different method for filling such vacancy, and the applicable
5provision of the Municipal Code shall govern in such cases.
6    Any vacancy in a nomination by caucus of an established
7political party for a township or municipal office shall be
8filled in accordance with Section 7-61 of this Code.
9    For purposes of this Section, the words "certify" and
10"certification" shall refer to the act of officially declaring
11the names of candidates entitled to be printed upon the
12official ballot at an election and directing election
13authorities to place the names of such candidates upon the
14official ballot. "Certifying officers or board" shall refer to
15the local election official, election authority or the State
16Board of Elections, as the case may be, with whom nomination
17papers, certificates of nomination papers and resolutions to
18fill vacancies in nomination are filed and whose duty it is to
19"certify" candidates.
20(Source: P.A. 84-757.)
 
21    (10 ILCS 5/17-16.1)  (from Ch. 46, par. 17-16.1)
22    Sec. 17-16.1. Write-in votes shall be counted only for
23persons who have filed notarized declarations of intent to be
24write-in candidates with the proper election authority or
25authorities not later than 61 days prior to the election.

 

 

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1However, whenever an objection to a candidate's nominating
2papers or petitions for any office is sustained under Section
310-10 after the 61st day before the election, then write-in
4votes shall be counted for that candidate if he or she has
5filed a notarized declaration of intent to be a write-in
6candidate for that office with the proper election authority or
7authorities not later than 7 days prior to the election.
8    A person filing a declaration of intent to be a write-in
9candidate for nomination to a State office as defined in
10Section 7-4 must file at the same time and place copies of the
11person's most recently filed personal federal and State income
12tax returns for the same tax year for which candidates for
13nomination to State office are required to file tax returns
14under Section 7-12. A person filing a declaration of intent to
15be a write-in candidate for election to a State office as
16defined in Section 7-4 must file at the same time and place
17copies of the person's most recently filed personal federal and
18State income tax returns for the same tax year for which
19candidates for election to State office are required to file
20tax returns under Section 7-59.1. Those copies shall be
21available for public inspection in the same manner as the
22person's declaration of intent to be a write-in candidate. For
23the purpose of this Section, the phrase "personal federal and
24State income tax returns" refers to only (i) federal form 1040,
251040A, or 1040EZ, an amended version of any of those forms, or
26a successor federal form, (ii) federal Schedule A, if required,

 

 

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1or a successor federal form, and (iii) the State forms
2equivalent to items (i) and (ii); the candidate may redact his
3or her Social Security number from those copies.
4    Forms for the declaration of intent to be a write-in
5candidate shall be supplied by the election authorities. Such
6declaration shall specify the office for which the person seeks
7election as a write-in candidate.
8    The election authority or authorities shall deliver a list
9of all persons who have filed such declarations to the election
10judges in the appropriate precincts prior to the election.
11    A candidate for whom a nomination paper has been filed as a
12partisan candidate at a primary election, and who is defeated
13for his or her nomination at the primary election is ineligible
14to file a declaration of intent to be a write-in candidate for
15election in that general or consolidated election.
16    A candidate seeking election to an office for which
17candidates of political parties are nominated by caucus who is
18a participant in the caucus and who is defeated for his or her
19nomination at such caucus is ineligible to file a declaration
20of intent to be a write-in candidate for election in that
21general or consolidated election.
22    A candidate seeking election to an office for which
23candidates are nominated at a primary election on a nonpartisan
24basis and who is defeated for his or her nomination at the
25primary election is ineligible to file a declaration of intent
26to be a write-in candidate for election in that general or

 

 

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1consolidated election.
2    Nothing in this Section shall be construed to apply to
3votes cast under the provisions of subsection (b) of Section
416-5.01.
5(Source: P.A. 95-699, eff. 11-9-07.)