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.
|
| |
| | A BILL FOR |
|
| | | SB1990 | | LRB097 02712 JAM 42731 b |
|
| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 7-12, 7-61, 10-6, 10-11, and 17-16.1 and by adding | 6 | | Section 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 | 9 | | mail 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 |
| | | SB1990 | - 2 - | LRB097 02712 JAM 42731 b |
|
| 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, |
| | | SB1990 | - 3 - | LRB097 02712 JAM 42731 b |
|
| 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 |
| | | SB1990 | - 4 - | LRB097 02712 JAM 42731 b |
|
| 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 |
| | | SB1990 | - 5 - | LRB097 02712 JAM 42731 b |
|
| 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 |
| | | SB1990 | - 6 - | LRB097 02712 JAM 42731 b |
|
| 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 |
| | | SB1990 | - 7 - | LRB097 02712 JAM 42731 b |
|
| 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 |
| | | SB1990 | - 8 - | LRB097 02712 JAM 42731 b |
|
| 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 |
| | | SB1990 | - 9 - | LRB097 02712 JAM 42731 b |
|
| 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 |
| | | SB1990 | - 10 - | LRB097 02712 JAM 42731 b |
|
| 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 |
| | | SB1990 | - 11 - | LRB097 02712 JAM 42731 b |
|
| 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 | 11 | | for a State office, as defined in Section 7-4, nominated at a | 12 | | general primary election must file with the State Board of | 13 | | Elections copies of the candidate's most recently filed | 14 | | personal federal and State income tax returns for the tax year | 15 | | most recently completed before that general primary election. | 16 | | Each copy must be filed within 30 days after the original | 17 | | return was filed with the Internal Revenue Service or | 18 | | Department of Revenue, as applicable, and the copies shall be | 19 | | available for public inspection in the same manner as the | 20 | | candidate's nomination petition. For the purpose of this | 21 | | Section, the phrase "personal federal and State income tax | 22 | | returns" refers to only (i) federal form 1040, 1040A, or | 23 | | 1040EZ, an amended version of any of those forms, or a | 24 | | successor federal form, (ii) federal Schedule A, if required, | 25 | | or a successor federal form, and (iii) the State forms |
| | | SB1990 | - 12 - | LRB097 02712 JAM 42731 b |
|
| 1 | | equivalent to items (i) and (ii); the candidate may redact his | 2 | | or 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 | 5 | | provisions of
this Article are applicable to the nomination of | 6 | | candidates to be voted
for at such special election.
| 7 | | In cases where a primary election is required the officer | 8 | | or board or
commission whose duty it is under the provisions of | 9 | | this Act relating to
general elections to call an election, | 10 | | shall fix a date for the primary
for the nomination of | 11 | | candidates to be voted for at such special
election. Notice of | 12 | | such primary shall be given at least 15 days prior
to the | 13 | | maximum time provided for the filing of petitions for such a
| 14 | | primary as provided in Section 7-12.
| 15 | | Any vacancy in nomination under the provisions of this | 16 | | Article 7
occurring on or after the primary and prior to | 17 | | certification of
candidates by the certifying board or officer, | 18 | | must be filled prior to the
date of certification. Any vacancy | 19 | | in nomination occurring after certification
but prior to 15 | 20 | | days before the general election shall be filled within 8 days
| 21 | | after the event creating the vacancy. The resolution filling | 22 | | the vacancy shall
be sent by U. S. mail or personal delivery to | 23 | | the certifying officer or board
within 3 days of the action by | 24 | | which the vacancy was filled; provided, if such
resolution is | 25 | | sent by mail and the U. S. postmark on the envelope containing
|
| | | SB1990 | - 13 - | LRB097 02712 JAM 42731 b |
|
| 1 | | such resolution is dated prior to the expiration of such 3 day | 2 | | limit, the
resolution shall be deemed filed within such 3 day | 3 | | limit. Failure to so
transmit the resolution within the time | 4 | | specified in this Section shall
authorize the certifying | 5 | | officer or board to certify the original candidate.
Vacancies | 6 | | shall be filled by the officers of a local municipal or | 7 | | township
political party as specified in subsection (h) of | 8 | | Section 7-8, other than a
statewide political party, that is | 9 | | established only within a municipality or
township and the | 10 | | managing committee (or legislative committee in case of a
| 11 | | candidate for State Senator or representative committee in the | 12 | | case of a
candidate for State Representative in the General | 13 | | Assembly or State central committee in the case of a candidate | 14 | | for statewide office, including but not limited to the office | 15 | | of United States Senator) of the respective
political party for | 16 | | the territorial area in which such vacancy occurs.
| 17 | | The resolution to fill a vacancy in nomination shall be | 18 | | duly
acknowledged before an officer qualified to take | 19 | | acknowledgements of deeds
and shall include, upon its face, the | 20 | | following information:
| 21 | | (a) the name of the original nominee and the office | 22 | | vacated;
| 23 | | (b) the date on which the vacancy occurred;
| 24 | | (c) the name and address of the nominee selected to fill | 25 | | the vacancy and
the date of selection.
| 26 | | The resolution to fill a vacancy in nomination shall be |
| | | SB1990 | - 14 - | LRB097 02712 JAM 42731 b |
|
| 1 | | accompanied by a
Statement of Candidacy, as prescribed in | 2 | | Section 7-10, completed by the
selected nominee and a receipt | 3 | | indicating that such nominee has filed a
statement of economic | 4 | | interests as required by the Illinois Governmental
Ethics Act.
| 5 | | The provisions of Section 10-8 through 10-10.1 relating to | 6 | | objections to
certificates of nomination and nomination | 7 | | papers, hearings on objections,
and judicial review, shall | 8 | | apply to and govern objections to resolutions
for filling a | 9 | | vacancy in nomination.
| 10 | | Any vacancy in nomination occurring 15 days or less before | 11 | | the consolidated
election or the general election shall not be | 12 | | filled. In this event, the
certification of the original | 13 | | candidate shall stand and his name shall
appear on the official | 14 | | ballot to be voted at the general election.
| 15 | | A vacancy in nomination occurs when a candidate who has | 16 | | been
nominated under the provisions of this Article 7 dies | 17 | | before the
election (whether death occurs prior to, on or after | 18 | | the day of the
primary), or declines the nomination; provided | 19 | | that nominations may
become vacant for other reasons.
| 20 | | If the name of no established political party candidate was | 21 | | printed on
the consolidated primary ballot for a particular | 22 | | office
and if no person was nominated as a write-in candidate | 23 | | for such office,
a vacancy in nomination shall be created which | 24 | | may be filled in accordance
with the requirements of this | 25 | | Section. If the name of no established political
party | 26 | | candidate was printed on the general primary ballot for a |
| | | SB1990 | - 15 - | LRB097 02712 JAM 42731 b |
|
| 1 | | particular
office and if no person was nominated as a write-in | 2 | | candidate for such office,
a vacancy in nomination shall be | 3 | | filled only by a person designated by the appropriate committee | 4 | | of the political party and only if that designated person files | 5 | | nominating petitions with the number of signatures required for | 6 | | an established party candidate for that office within 75 days | 7 | | after the day of the general primary. The circulation period | 8 | | for those petitions begins on the day the appropriate committee | 9 | | designates that person. The person shall file his or her | 10 | | nominating petitions, statements of candidacy, notice of | 11 | | appointment by the appropriate committee, and receipt of filing | 12 | | his or her statement of economic interests together. These | 13 | | documents shall be filed at the same location as provided in | 14 | | Section 7-12. The electoral boards having jurisdiction under | 15 | | Section 10-9 to hear and pass upon objections to nominating | 16 | | petitions also shall hear and pass upon objections to | 17 | | nomination petitions filed by candidates under this paragraph.
| 18 | | When a nominating committee submits to the State Board of | 19 | | Elections in accordance with this Section its resolution | 20 | | appointing a person to fill a vacancy in nomination for a State | 21 | | office as defined in Section 7-4, or when a person files a | 22 | | petition with the State Board of Elections in accordance with | 23 | | this Section to fill a vacancy in nomination for a State office | 24 | | as defined in Section 7-4, the resolution or petition must be | 25 | | accompanied by copies of the person's most recently filed | 26 | | personal federal and State income tax returns for the most |
| | | SB1990 | - 16 - | LRB097 02712 JAM 42731 b |
|
| 1 | | recently completed tax year, which shall be available for | 2 | | public inspection in the same manner as the nominating | 3 | | resolution or the candidate's nomination petition; except that | 4 | | if the resolution is submitted or the petition is filed after | 5 | | the general primary election but before or on April 15, then | 6 | | the person so nominated must file with the State Board of | 7 | | Elections copies of the person's most recently filed personal | 8 | | federal and State income tax returns for the tax year most | 9 | | recently completed before that general primary election, and | 10 | | each copy must be filed within 30 days after the original | 11 | | return was filed with the Internal Revenue Service or | 12 | | Department of Revenue, as applicable, and shall be available | 13 | | for public inspection in the same manner as the nominating | 14 | | resolution or the candidate's nomination petition. For the | 15 | | purpose of this Section, the phrase "personal federal and State | 16 | | income tax returns" refers to only (i) federal form 1040, | 17 | | 1040A, or 1040EZ, an amended version of any of those forms, or | 18 | | a successor federal form, (ii) federal Schedule A, if required, | 19 | | or a successor federal form, and (iii) the State forms | 20 | | equivalent to items (i) and (ii); the candidate may redact his | 21 | | or her Social Security number from those copies. | 22 | | A candidate for whom a nomination paper has been filed as a | 23 | | partisan
candidate at a primary election, and who is defeated | 24 | | for his or her
nomination at such primary election, is | 25 | | ineligible to be listed on the
ballot at that general or | 26 | | consolidated election as a candidate of another
political |
| | | SB1990 | - 17 - | LRB097 02712 JAM 42731 b |
|
| 1 | | party.
| 2 | | A candidate seeking election to an office for which | 3 | | candidates of
political parties are nominated by caucus who is | 4 | | a participant in the
caucus and who is defeated for his or her | 5 | | nomination at such caucus, is
ineligible to be listed on the | 6 | | ballot at that general or consolidated
election as a candidate | 7 | | of another political party.
| 8 | | In the proceedings to nominate a candidate to fill a | 9 | | vacancy or to
fill a vacancy in the nomination, each precinct, | 10 | | township, ward, county
or congressional district, as the case | 11 | | may be, shall through its
representative on such central or | 12 | | managing committee, be entitled to one
vote for each ballot | 13 | | voted in such precinct, township, ward, county or
congressional | 14 | | district, as the case may be, by the primary electors of
its | 15 | | party at the primary election immediately preceding the meeting | 16 | | at
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 | 19 | | the names of candidates
entitled to be printed upon the | 20 | | official ballot at an election and
directing election | 21 | | authorities to place the names of such candidates upon
the | 22 | | official ballot. "Certifying officers or board" shall refer to | 23 | | the
local election official, election authority or the State | 24 | | Board of
Elections, as the case may be, with whom nomination | 25 | | papers, including
certificates of nomination and resolutions | 26 | | to fill vacancies in nomination,
are filed and whose duty it is |
| | | SB1990 | - 18 - | LRB097 02712 JAM 42731 b |
|
| 1 | | to "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
| 5 | | nomination and nomination papers for the nomination of | 6 | | candidates for
offices to be filled by electors of the entire | 7 | | State, or any district
not entirely within a county, or for | 8 | | congressional, state legislative or
judicial offices, shall be | 9 | | presented to the principal office of the
State Board of | 10 | | Elections not more than 141 nor less than 134
days previous
to | 11 | | the day of election for which the candidates are nominated. The
| 12 | | State Board of Elections shall endorse the certificates of | 13 | | nomination or
nomination papers, as the case may be, and the | 14 | | date and hour of
presentment to it. | 15 | | A person filing a nomination petition or paper with the | 16 | | State Board of Elections in accordance with this Section for a | 17 | | candidate for State office as defined in Section 7-4 must file | 18 | | at the same time and place copies of the candidate's most | 19 | | recently filed personal federal and State income tax returns | 20 | | for the most recently completed tax year, which shall be | 21 | | available for public inspection in the same manner as the | 22 | | candidate's nomination petition or paper. For the purpose of | 23 | | this Section, the phrase "personal federal and State income tax | 24 | | returns" refers to only (i) federal form 1040, 1040A, or | 25 | | 1040EZ, an amended version of any of those forms, or a |
| | | SB1990 | - 19 - | LRB097 02712 JAM 42731 b |
|
| 1 | | successor federal form, (ii) federal Schedule A, if required, | 2 | | or a successor federal form, and (iii) the State forms | 3 | | equivalent to items (i) and (ii); the candidate may redact his | 4 | | or her Social Security number from those copies. | 5 | | Except as otherwise provided in this section, all
other | 6 | | certificates for the nomination of candidates shall be filed | 7 | | with
the county clerk of the respective counties not more than | 8 | | 141 but at
least 134 days previous to the day of such election. | 9 | | Certificates
of
nomination and nomination papers for the | 10 | | nomination of candidates for
the offices of political | 11 | | subdivisions to be filled at regular elections
other than the | 12 | | general election shall be filed with the local election
| 13 | | official 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 |
| | | SB1990 | - 20 - | LRB097 02712 JAM 42731 b |
|
| 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 | 8 | | co-extensive
with or are entirely within the jurisdiction of a | 9 | | municipal board of
election commissioners, the certificates of | 10 | | nomination and nomination
papers for candidates for such | 11 | | political subdivision offices shall be filed
in the office of | 12 | | such 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 | 16 | | political party
candidate occurring prior to
the date of | 17 | | certification of candidates for the ballot
by the certifying | 18 | | board or officer must be filled prior to the date of | 19 | | certification.
The resolution to fill such
vacancy shall be | 20 | | sent by U.S. mail or personal delivery to the certifying
| 21 | | officer or board within 3 days of the action by which the | 22 | | vacancy was filled;
provided, if such resolution
is sent by | 23 | | mail and the U.S. postmark on the envelope containing such | 24 | | resolution
is dated prior to the expiration of such 3 day | 25 | | limit, the notice or resolution
shall be deemed filed within |
| | | SB1990 | - 21 - | LRB097 02712 JAM 42731 b |
|
| 1 | | such 3 day limit. Failure
to so transmit the notice or | 2 | | resolution within the time
specified in this Section shall | 3 | | authorize the certifying officer
or board to certify the | 4 | | original candidate. Vacancies shall be filled
by the new | 5 | | political party officers.
| 6 | | Any vacancy in nomination occurring after certification | 7 | | but prior to 15
days before a regular election shall be filled | 8 | | by the new political
party officers within
8 days after the | 9 | | event creating the vacancy in the manner heretofore prescribed.
| 10 | | The resolution to fill a vacancy in nomination shall be | 11 | | duly
acknowledged before an officer qualified to take | 12 | | acknowledgements of deeds
and shall include, upon its face, the | 13 | | following information:
| 14 | | (a) the name of the original nominee and the office | 15 | | vacated;
| 16 | | (b) the date on which the vacancy occurred;
| 17 | | (c) the name and address of the nominee selected to fill | 18 | | the vacancy and
the date of selection.
| 19 | | The resolution to fill a vacancy in nomination shall be | 20 | | accompanied by a
Statement of Candidacy, as prescribed in | 21 | | Section 10-5, completed by the
selected nominee and a receipt | 22 | | indicating that such nominee has filed a
statement of economic | 23 | | interests as required by the Illinois Governmental Ethics Act.
| 24 | | When a new political party submits to the State Board of | 25 | | Elections in accordance with this Section its resolution | 26 | | appointing a person to fill a vacancy in nomination for a State |
| | | SB1990 | - 22 - | LRB097 02712 JAM 42731 b |
|
| 1 | | office as defined in Section 7-4, the resolution must be | 2 | | accompanied by copies of the person's most recently filed | 3 | | personal federal and State income tax returns for the most | 4 | | recently completed tax year, which shall be available for | 5 | | public inspection in the same manner as the nominating | 6 | | resolution. 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 | 9 | | any of those forms, or a successor federal form, (ii) federal | 10 | | Schedule A, if required, or a successor federal form, and (iii) | 11 | | the State forms equivalent to items (i) and (ii); the candidate | 12 | | may redact his or her Social Security number from those copies. | 13 | | The provisions of Sections 10-8 through 10-10.1 relating to | 14 | | objections to
certificates of nomination and nomination | 15 | | papers, hearings on objections,
and judicial review, shall | 16 | | apply to and govern objections to resolutions
for filling a | 17 | | vacancy in nomination.
| 18 | | Any vacancy in nomination occurring 15 days or less before | 19 | | a regular election
shall not be filled. In this event the | 20 | | certification of the original candidate
shall stand and his | 21 | | name shall appear on the official ballot to be voted
at the | 22 | | election.
| 23 | | A vacancy in nomination occurs when a candidate who has | 24 | | been nominated
under the provisions of Section 10-2 dies before | 25 | | the election, or declines
the nomination; provided that | 26 | | nomination may become vacant for other reasons.
|
| | | SB1990 | - 23 - | LRB097 02712 JAM 42731 b |
|
| 1 | | However, the provisions of this Section shall not apply to | 2 | | any vacancy
in nomination for a municipal office for which the | 3 | | Municipal Code, as now
or hereafter amended, provides a | 4 | | different method for filling such vacancy,
and the applicable | 5 | | provision of the Municipal Code shall govern in such cases.
| 6 | | Any vacancy in a nomination by caucus of an established | 7 | | political party
for a township or municipal office shall be | 8 | | filled 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 | 11 | | the names of candidates
entitled to be printed upon the | 12 | | official ballot at an election and
directing election | 13 | | authorities to place the names of such candidates upon
the | 14 | | official ballot. "Certifying officers or board" shall refer to | 15 | | the
local election official, election authority or the State | 16 | | Board of
Elections, as the case may be, with whom nomination | 17 | | papers, certificates of
nomination papers and resolutions to | 18 | | fill 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 | 23 | | persons who have
filed notarized declarations of intent to be | 24 | | write-in candidates with
the proper election authority or | 25 | | authorities not later than 61 days prior to
the election. |
| | | SB1990 | - 24 - | LRB097 02712 JAM 42731 b |
|
| 1 | | However, whenever an objection to a candidate's nominating | 2 | | papers or petitions for any office is sustained under Section | 3 | | 10-10 after the 61st day before the election, then write-in | 4 | | votes shall be counted for that candidate if he or she has | 5 | | filed a notarized declaration of intent to be a write-in | 6 | | candidate for that office with the proper election authority or | 7 | | authorities not later than 7 days prior to the election.
| 8 | | A person filing a declaration of intent to be a write-in | 9 | | candidate for nomination to a State office as defined in | 10 | | Section 7-4 must file at the same time and place copies of the | 11 | | person's most recently filed personal federal and State income | 12 | | tax returns for the same tax year for which candidates for | 13 | | nomination to State office are required to file tax returns | 14 | | under Section 7-12. A person filing a declaration of intent to | 15 | | be a write-in candidate for election to a State office as | 16 | | defined in Section 7-4 must file at the same time and place | 17 | | copies of the person's most recently filed personal federal and | 18 | | State income tax returns for the same tax year for which | 19 | | candidates for election to State office are required to file | 20 | | tax returns under Section 7-59.1. Those copies shall be | 21 | | available for public inspection in the same manner as the | 22 | | person's declaration of intent to be a write-in candidate. For | 23 | | the purpose of this Section, the phrase "personal federal and | 24 | | State income tax returns" refers to only (i) federal form 1040, | 25 | | 1040A, or 1040EZ, an amended version of any of those forms, or | 26 | | a successor federal form, (ii) federal Schedule A, if required, |
| | | SB1990 | - 25 - | LRB097 02712 JAM 42731 b |
|
| 1 | | or a successor federal form, and (iii) the State forms | 2 | | equivalent to items (i) and (ii); the candidate may redact his | 3 | | or her Social Security number from those copies. | 4 | | Forms for the declaration of intent to be a write-in | 5 | | candidate shall
be supplied by the election authorities. Such | 6 | | declaration shall specify
the office for which the person seeks | 7 | | election as a write-in candidate.
| 8 | | The election authority or authorities shall deliver a list | 9 | | of all persons
who have filed such declarations to the election | 10 | | judges in the appropriate
precincts prior to the election.
| 11 | | A candidate for whom a nomination paper has been filed as a | 12 | | partisan
candidate at a primary election, and who is defeated | 13 | | for his or her
nomination at the primary election is ineligible | 14 | | to file a declaration of
intent to be a write-in candidate for | 15 | | election in that general or consolidated
election.
| 16 | | A candidate seeking election to an office for which | 17 | | candidates of
political parties are nominated by caucus who is | 18 | | a participant in the
caucus and who is defeated for his or her | 19 | | nomination at such caucus is
ineligible to file a declaration | 20 | | of intent to be a write-in candidate for
election in that | 21 | | general or consolidated election.
| 22 | | A candidate seeking election to an office for which | 23 | | candidates are
nominated at a primary election on a nonpartisan | 24 | | basis and who is defeated
for his or her nomination at the | 25 | | primary election is ineligible to file a
declaration of intent | 26 | | to be a write-in candidate for election in that
general or |
| | | SB1990 | - 26 - | LRB097 02712 JAM 42731 b |
|
| 1 | | consolidated election.
| 2 | | Nothing in this Section shall be construed to apply to | 3 | | votes
cast under the provisions of subsection (b) of Section | 4 | | 16-5.01.
| 5 | | (Source: P.A. 95-699, eff. 11-9-07.)
|
|