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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 10 ILCS 5/10-3
(10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
Sec. 10-3. Nomination of independent candidates (not candidates of
any political party), for any office to be filled by the voters of the
State at large may also be made by nomination papers signed in the
aggregate for each candidate by 1% of the number of voters who voted in
the next preceding Statewide general election or 25,000 qualified voters
of the State, whichever is less. Nominations of independent candidates
for public office within any district or political subdivision less than
the State, may be made by nomination papers signed in the aggregate for
each candidate by qualified voters of such district, or political
subdivision, equaling not less than 5%, nor more than 8% (or 50 more
than the minimum, whichever is greater) of the number of persons, who
voted at the next preceding regular election in such district or
political subdivision in which such district or political subdivision
voted as a unit for the election of officers to serve its respective
territorial area. However, whenever the minimum
signature requirement for an independent candidate petition for a
district or political subdivision office shall exceed the minimum number
of signatures for an independent candidate petition for an office to be
filled by the voters of the State at large at the next preceding
State-wide general election, such State-wide petition signature
requirement shall be the minimum for an independent candidate petition
for such district or political subdivision office. For the first
election following a redistricting of congressional districts,
nomination papers for an independent candidate for congressperson shall be
signed by at least 5,000 qualified voters of the congressional district.
For the first election following a redistricting of legislative
districts, nomination papers for an independent candidate for State
Senator in the General Assembly shall be signed by at
least 3,000 qualified voters of the legislative district. For the first
election following a redistricting of representative districts, nomination
papers for an independent candidate for State Representative in the General
Assembly shall be signed by at least 1,500 qualified voters of the
representative district. For the first election following redistricting of
county board districts, or of municipal wards or districts, or for the
first election following the initial establishment of such districts or
wards in a county or municipality, nomination papers
for an independent candidate for county board member, or for alderperson or
trustee of such municipality, shall be signed by qualified voters of the
district or ward equal to not less than 5% nor more than 8% (or 50 more
than the minimum, whichever is greater) of the total number of votes cast
at the preceding general or general municipal election, as the case
may be, for the county or municipal office voted on throughout such county
or municipality for which the greatest total number of votes were cast for
all candidates, divided by the number of districts or wards, but in any
event not less than 25 qualified voters of the district or ward. Each voter
signing a nomination paper shall add to his signature his place of
residence, and each voter may subscribe to one nomination for such
office to be filled, and no more: Provided that the name of any
candidate whose name may appear in any other place upon the ballot shall
not be so added by petition for the same office.
The person circulating the petition, or the candidate on whose behalf
the petition is circulated, may strike any signature from the petition,
provided that;
(1) the person striking the signature shall initial | | the petition at the place where the signature is struck; and
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(2) the person striking the signature shall sign a
| | certification listing the page number and line number of each signature struck from the petition. Such certification shall be filed as a part of the petition.
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(3) the persons striking signatures from the petition
| | shall each sign an additional certificate specifying the number of certification pages listing stricken signatures which are attached to the petition and the page numbers indicated on such certifications. The certificate shall be filed as a part of the petition, shall be numbered, and shall be attached immediately following the last page of voters' signatures and before the certifications of stricken signatures.
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(4) all of the foregoing requirements shall be
| | necessary to effect a valid striking of any signature. The provisions of this Section authorizing the striking of signatures shall not impose any criminal liability on any person so authorized for signatures which may be fraudulent.
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In the case of the offices of Governor and Lieutenant Governor a
joint petition including one candidate for each of those offices must be
filed.
A candidate for whom a nomination paper has been filed as a partisan
candidate at a primary election, and who is defeated for his or her
nomination at the primary election, is ineligible to be placed on the
ballot as an independent candidate for election in that general or
consolidated election.
A candidate seeking election to an office for which candidates of
political parties are nominated by caucus who is a participant in the
caucus and who is defeated for his or
her nomination at such caucus, is ineligible to be listed on the ballot at
that general or consolidated election as an independent candidate.
(Source: P.A. 102-15, eff. 6-17-21.)
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10 ILCS 5/10-3.1
(10 ILCS 5/10-3.1) (from Ch. 46, par. 10-3.1)
Sec. 10-3.1.
Petitions for nomination of nonpartisan candidates for offices
to be filled at an election provided in Article 2A of this Code shall be in
conformity with any requirements as to contents and number of signatures
specified in the statute creating the political subdivision or providing the
applicable form of government thereof. Petitions for nomination of nonpartisan
candidates for municipal offices where the statute creating the municipality or
providing the form of government thereof, or the ordinance so providing,
pursuant to Article VII of the Constitution, requires election to such office
on a nonpartisan basis and does not permit political party nominations
(including without limitation Articles 4 and 5 of the Municipal Code) shall be
in conformity with any requirements as to contents and number of signatures
specified in such statute or ordinance.
The provisions of this Article 10 relating to independent candidate petition
requirements shall apply to nonpartisan petitions to the extent they are
not inconsistent with the requirements of such other statutes or ordinances.
If signature requirements for petitions for nomination of nonpartisan
candidates are not specified in the statute creating the political
subdivision or the signature requirements cannot be determined under
Article 10, the signature requirements for the nonpartisan candidates shall
be at least 0.5% of the total number of registered voters of the political
subdivision for which the nomination is made or a minimum of 25, whichever is
greater.
(Source: P.A. 87-1052.)
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10 ILCS 5/10-4
(10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
Sec. 10-4. Form of petition for nomination. All petitions for nomination
under this Article 10 for
candidates for public office in this State, shall in addition to other
requirements provided by law, be as follows: Such petitions shall
consist of sheets of uniform size and each sheet shall contain, above
the space for signature, an appropriate heading, giving the information
as to name of candidate or candidates in whose behalf such petition is
signed; the office; the party; place of residence; and such other
information or wording as required to make same valid, and the heading
of each sheet shall be the same. Such petition shall be signed by the
qualified voters in their own proper persons only, and opposite the
signature of each signer his residence address shall be written or
printed. The residence address required to be written or printed
opposite each qualified primary elector's name shall include the street
address or rural route number of the signer, as the case may be, as well as
the signer's county, and city, village or town, and state. However,
the county or city, village or
town, and state of residence of such electors may be printed on the
petition forms where all of the electors signing the petition
reside in the same county or city, village or town, and state. Standard
abbreviations may be used in writing the residence address, including
street number, if any. Except as otherwise provided in this Code, no signature shall be valid or be counted in
considering the validity or sufficiency of such petition unless the
requirements of this Section are complied with. At the bottom of each
sheet of such petition shall be added a circulator's statement, signed by a
person 18
years of age or older who is a citizen of the United States; stating the street address or rural route
number, as the case may be, as well as the county,
city,
village or town, and state; certifying that the signatures on that sheet of
the petition
were signed in his or her presence; certifying that the signatures are
genuine;
and either (1) indicating the dates on which that sheet was circulated, or (2)
indicating the first and last dates on which the sheet was circulated, or (3)
certifying that none of the signatures on the sheet were signed more than 90
days preceding the last day for the filing of the petition; and
certifying
that to the best of his knowledge and belief the persons so signing were at the
time of signing the petition duly registered voters under Article 4, 5, or 6 of this
Code of the political subdivision or district for which the candidate or
candidates shall be nominated, and certifying that their respective residences
are correctly stated therein. Such statement shall be sworn to before some
officer authorized to administer oaths in this State. Except as otherwise provided in this Code, no petition sheet shall
be circulated more than 90 days preceding the last day provided in Section 10-6
for the filing of such petition. Such sheets, before being presented to the
electoral board or filed with the proper officer of the electoral district or
division of the state or municipality, as the case may be, shall be neatly
fastened together in book form, by placing the sheets in a pile and fastening
them together at one edge in a secure and suitable manner, and the sheets shall
then be numbered consecutively. The sheets shall not be fastened by pasting
them together end to end, so as to form a continuous strip or roll. All
petition sheets which are filed with the proper local election officials,
election authorities or the State Board of Elections shall be the original
sheets which have been signed by the voters and by the circulator, and not
photocopies or duplicates of such sheets. A petition, when presented or
filed, shall not be withdrawn, altered, or added to, and no signature shall be
revoked except by revocation in writing presented or filed with the officers or
officer with whom the petition is required to be presented or filed, and before
the presentment or filing of such petition. Whoever forges any name of a
signer upon any petition shall be deemed guilty of a forgery, and on conviction
thereof, shall be punished accordingly. The word "petition" or "petition for
nomination", as used herein, shall mean what is sometimes known as nomination
papers, in distinction to what is known as a certificate of nomination. The
words "political division for which the candidate is nominated", or its
equivalent, shall mean the largest political division in which all qualified
voters may vote upon such candidate or candidates, as the state in the case of
state officers; the township in the case of township officers et cetera.
Provided, further, that no person shall circulate or certify petitions for
candidates of more than one political party, or for an independent candidate or
candidates in addition to one political party, to be voted upon at the next
primary or general election, or for such candidates and parties with respect to
the same political subdivision at the next consolidated election.
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21.)
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10 ILCS 5/10-5
(10 ILCS 5/10-5) (from Ch. 46, par. 10-5)
Sec. 10-5.
All petitions for nomination shall,
besides containing the names of candidates, specify as to each:
1. The office or offices to which such candidate or candidates shall
be nominated.
2. The new political party, if any, represented, expressed in not more than 5
words. However, such party shall not bear the same name as, nor include
the name of any established political party as defined in this Article.
This prohibition does not preclude any established political party from
making nominations in those cases in which it is authorized to do so.
3. The place of residence of any such candidate or candidates with
the street and number thereof, if any. In the case of electors for
President and Vice-President of the United States, the names of
candidates for President and Vice-President may be added to the party
name or appellation.
Such certificate of nomination or nomination papers in addition shall
include as a part thereof, the oath required by Section 7-10.1 of this
Act and must include a statement of candidacy for each of the candidates named
therein, except candidates for electors for President and Vice-President
of the United States. Each such statement shall set out the address of
such candidate, the office for which he is a candidate, shall state that
the candidate is qualified for the office specified and has filed (or will
file before the close of the petition filing period) a
statement of economic interests as required by the Illinois Governmental
Ethics Act, shall request that the candidate's name be placed upon the
official ballot and shall be subscribed and sworn to by such candidate
before some officer authorized to take acknowledgments of deeds in this
State, and may be in substantially the following form:
State of Illinois) ) SS. County of........)
I,...., being first duly sworn, say that I reside at.... street, in
the city (or village) of.... in the county of.... State of Illinois;
and that I am a qualified voter therein; that I am a candidate for
election to the office of.... to be voted upon at the election to be
held on the.... day of....,.....; and that I am legally qualified
to hold such office and that I have filed (or will file before the close
of the petition filing period) a statement of economic
interests as required by the Illinois Governmental Ethics Act, and I
hereby request that my name be printed upon the official ballot for
election to such office.
Signed.................
Subscribed and sworn to (or affirmed) before me by.... who is to me
personally known, this.... day of....,......
Signed.................
(Official Character)
(Seal, if officer has one.)
In addition, a new political party petition shall have attached thereto
a certificate stating the names and addresses of the party officers authorized
to fill vacancies in nomination pursuant to Section 10-11.
Nomination papers filed under this Section are not valid if the
candidate named therein fails to file a statement of economic interests
as required by the Illinois Governmental Ethics Act in relation to his
candidacy with the appropriate officer by the end of the period for the
filing of nomination papers unless he has filed a statement of economic
interests in relation to the same governmental unit with that officer
during the same calendar year as the year in which such nomination
papers were filed. If the nomination papers of any candidate and the
statement of economic interest of that candidate are not required to be
filed with the same officer, the candidate must file with the officer
with whom the nomination papers are filed a receipt from the officer
with whom the statement of economic interests is filed showing the date
on which such statement was filed. Such receipt shall be so filed not
later than the last day on which nomination papers may be filed.
(Source: P.A. 84-551.)
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10 ILCS 5/10-5.1
(10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
Sec. 10-5.1. In the designation of the name of a candidate on a certificate of
nomination or nomination papers the candidate's given name or names,
initial or initials, a nickname by which the candidate is commonly
known, or a combination thereof, may be used in addition to the
candidate's surname. If a candidate has changed his or her name, whether by a statutory or common law procedure in Illinois or any other jurisdiction, within 3 years before the last day for filing the certificate of nomination or nomination papers for that office, whichever is applicable, then (i) the candidate's name on the certificate or papers must be followed by "formerly known as (list all prior names during the 3-year period) until name changed on (list date of each such name change)" and (ii) the certificate or paper must be accompanied by the candidate's affidavit stating the candidate's previous names during the period specified in (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot or removing the candidate's name from the ballot, as appropriate, but these requirements do not apply to name changes resulting from adoption to assume an adoptive parent's or parents' surname, marriage or civil union to assume a spouse's surname, or dissolution of marriage or civil union or declaration of invalidity of marriage or civil union to assume a former surname or a name change that conforms the candidate's name to his or her gender identity. No other designation such as a political slogan,
title, or
degree, or
nickname suggesting or implying possession of a title, degree or professional
status, or
similar information may be used in connection with the candidate's
surname.
(Source: P.A. 102-15, eff. 6-17-21.)
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10 ILCS 5/10-6 (10 ILCS 5/10-6) (from Ch. 46, par. 10-6) Sec. 10-6. Time and manner of filing. Except as otherwise provided in this Code, certificates of nomination and nomination papers for the nomination of candidates for offices to be filled by electors of the entire State, or any district not entirely within a county, or for congressional, state legislative or judicial offices, shall be presented to the principal office of the State Board of Elections not more than 169 nor less than 162 days previous to the day of election for which the candidates are nominated. The State Board of Elections shall endorse the certificates of nomination or nomination papers, as the case may be, and the date and hour of presentment to it. Except as otherwise provided in this Code, all other certificates for the nomination of candidates shall be filed with the county clerk of the respective counties not more than 169 but at least 162 days previous to the day of such election. Certificates of nomination and nomination papers for the nomination of candidates for school district offices to be filled at consolidated elections shall be filed with the county clerk or county board of election commissioners of the county in which the principal office of the school district is located not more than 141 nor less than 134 days before the consolidated election. Except as otherwise provided in this Code, certificates of nomination and nomination papers for the nomination of candidates for the other offices of political subdivisions to be filled at regular elections other than the general election shall be filed with the local election official of such subdivision: (1) (blank); (2) not more than 141 nor less than 134 days prior to | | the consolidated election; or
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| (3) not more than 141 nor less than 134 days prior to
| | the general primary in the case of municipal offices to be filled at the general primary election; or
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| (4) not more than 127 nor less than 120 days before
| | the consolidated primary in the case of municipal offices to be elected on a nonpartisan basis pursuant to law (including, without limitation, those municipal offices subject to Articles 4 and 5 of the Municipal Code); or
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| (5) not more than 141 nor less than 134 days before
| | the municipal primary in even numbered years for such nonpartisan municipal offices where annual elections are provided; or
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| (6) in the case of petitions for the office of
| | multi-township assessor, such petitions shall be filed with the election authority not more than 113 nor less than 134 days before the consolidated election.
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| However, where a political subdivision's boundaries are co-extensive with or are entirely within the jurisdiction of a municipal board of election commissioners, the certificates of nomination and nomination papers for candidates for such political subdivision offices shall be filed in the office of such Board.
(Source: P.A. 102-15, eff. 6-17-21; 103-600, eff. 7-1-24.)
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