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90_HB1161
10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
10 ILCS 5/7-10 from Ch. 46, par. 7-10
10 ILCS 5/7-12 from Ch. 46, par. 7-12
10 ILCS 5/10-9 from Ch. 46, par. 10-9
10 ILCS 5/22-1 from Ch. 46, par. 22-1
10 ILCS 5/22-7 from Ch. 46, par. 22-7
10 ILCS 5/22-8 from Ch. 46, par. 22-8
220 ILCS 5/2-101 from Ch. 111 2/3, par. 2-101
220 ILCS 5/2-101.5 new
220 ILCS 5/2-102 from Ch. 111 2/3, par. 2-102
Amends the Election Code and the Public Utilities Act.
Provides for a Commerce Commission consisting of 5 members
elected on a partisan basis. Requires the General Assembly
to divide the State into 5 districts for the election of
Commerce Commission members with one member being elected
from each district. Provides that the members of the
Commission shall elect one of the members to serve as
chairman of the Commission. Provides for the chairman to
serve a 2-year term. Effective immediately.
LRB9004263JSgc
LRB9004263JSgc
1 AN ACT to provide for election of the members of the
2 Illinois Commerce Commission, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 2A-1.2, 7-10, 7-12, 10-9, 22-1, 22-7, and 22-8 as
7 follows:
8 (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
9 Sec. 2A-1.2. Consolidated schedule of elections; offices
10 designated.
11 (a) At the general election in the appropriate
12 even-numbered years, the following offices shall be filled or
13 shall be on the ballot as otherwise required by this Code:
14 (1) Elector of President and Vice President of the
15 United States;
16 (2) United States Senator and United States
17 Representative;
18 (3) State Executive Branch elected officers;
19 (4) State Senator and State Representative;
20 (5) County elected officers, including State's
21 Attorney, County Board member, County Commissioners, and
22 elected President of the County Board or County Chief
23 Executive;
24 (6) Circuit Court Clerk;
25 (7) Regional Superintendent of Schools, except in
26 counties or educational service regions in which that
27 office has been abolished;
28 (8) Judges of the Supreme, Appellate and Circuit
29 Courts, on the question of retention, to fill vacancies
30 and newly created judicial offices;
31 (9) Members of the Illinois Commerce Commission
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1 (Blank);
2 (10) Trustee of the Metropolitan Sanitary District
3 of Chicago, and elected Trustee of other Sanitary
4 Districts;
5 (11) Special District elected officers, not
6 otherwise designated in this Section, where the statute
7 creating or authorizing the creation of the district
8 requires an annual election and permits or requires
9 election of candidates of political parties.
10 (b) At the general primary election:
11 (1) in each even-numbered year candidates of
12 political parties shall be nominated for those offices to
13 be filled at the general election in that year, except
14 where pursuant to law nomination of candidates of
15 political parties is made by caucus.
16 (2) in the appropriate even-numbered years the
17 political party offices of State central committeeman,
18 township committeeman, ward committeeman, and precinct
19 committeeman shall be filled and delegates and alternate
20 delegates to the National nominating conventions shall be
21 elected as may be required pursuant to this Code. In the
22 even-numbered years in which a Presidential election is
23 to be held, candidates in the Presidential preference
24 primary shall also be on the ballot.
25 (3) in each even-numbered year, where the
26 municipality has provided for annual elections to elect
27 municipal officers pursuant to Section 6(f) or Section 7
28 of Article VII of the Constitution, pursuant to the
29 Illinois Municipal Code or pursuant to the municipal
30 charter, the offices of such municipal officers shall be
31 filled at an election held on the date of the general
32 primary election, provided that the municipal election
33 shall be a nonpartisan election where required by the
34 Illinois Municipal Code. For partisan municipal
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1 elections in even-numbered years, a primary to nominate
2 candidates for municipal office to be elected at the
3 general primary election shall be held on the Tuesday 6
4 weeks preceding that election.
5 (4) in each school district which has adopted the
6 provisions of Article 33 of the School Code, successors
7 to the members of the board of education whose terms
8 expire in the year in which the general primary is held
9 shall be elected.
10 (c) At the consolidated election in the appropriate
11 odd-numbered years, the following offices shall be filled:
12 (1) Municipal officers, provided that in
13 municipalities in which candidates for alderman or other
14 municipal office are not permitted by law to be
15 candidates of political parties, the runoff election
16 where required by law, or the nonpartisan election where
17 required by law, shall be held on the date of the
18 consolidated election; and provided further, in the case
19 of municipal officers provided for by an ordinance
20 providing the form of government of the municipality
21 pursuant to Section 7 of Article VII of the Constitution,
22 such offices shall be filled by election or by runoff
23 election as may be provided by such ordinance;
24 (2) Village and incorporated town library
25 directors;
26 (3) City boards of stadium commissioners;
27 (4) Commissioners of park districts;
28 (5) Trustees of public library districts;
29 (6) Special District elected officers, not
30 otherwise designated in this section, where the statute
31 creating or authorizing the creation of the district
32 permits or requires election of candidates of political
33 parties;
34 (7) Township officers, including township park
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1 commissioners, township library directors, and boards of
2 managers of community buildings, and Multi-Township
3 Assessors;
4 (8) Highway commissioners and road district clerks;
5 (9) Members of school boards in school districts
6 which adopt Article 33 of the School Code;
7 (10) The directors and chairman of the Chain O
8 Lakes - Fox River Waterway Management Agency;
9 (11) Forest preserve district commissioners elected
10 under Section 3.5 of the Downstate Forest Preserve
11 District Act.
12 (d) At the consolidated primary election in each
13 odd-numbered year, candidates of political parties shall be
14 nominated for those offices to be filled at the consolidated
15 election in that year, except where pursuant to law
16 nomination of candidates of political parties is made by
17 caucus.
18 At the consolidated primary election in the appropriate
19 odd-numbered years, the mayor, clerk, treasurer, and aldermen
20 shall be elected in municipalities in which candidates for
21 mayor, clerk, treasurer, or alderman are not permitted by law
22 to be candidates of political parties, subject to runoff
23 elections to be held at the consolidated election as may be
24 required by law, and municipal officers shall be nominated in
25 a nonpartisan election in municipalities in which pursuant to
26 law candidates for such office are not permitted to be
27 candidates of political parties.
28 At the consolidated primary election in the appropriate
29 odd-numbered years, municipal officers shall be nominated or
30 elected, or elected subject to a runoff, as may be provided
31 by an ordinance providing a form of government of the
32 municipality pursuant to Section 7 of Article VII of the
33 Constitution.
34 (e) At the nonpartisan election in each odd-numbered
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1 year the following offices shall be filled in nonpartisan
2 elections:
3 (1) Elected members of school boards, school
4 trustees, directors of boards of school directors,
5 trustees of county boards of school trustees (except in
6 counties or educational service regions having a
7 population of 2,000,000 or more inhabitants), and members
8 of boards of school inspectors, except school boards in
9 school districts which adopt Article 33 of the School
10 Code;
11 (2) Member of Community College district boards;
12 (3) Trustee of Fire Protection Districts;
13 (4) Commissioner of Springfield Metropolitan
14 Exposition and Auditorium Authority;
15 (5) Elected Trustees of Tuberculosis Sanitarium
16 Districts;
17 (6) Elected Officers of special districts not
18 otherwise designated in this Section for which the law
19 governing such districts does not permit candidates of
20 political parties.
21 (f) At any election established in Section 2A-1.1,
22 public questions may be submitted to voters pursuant to this
23 Code and any special election otherwise required or
24 authorized by law or by court order may be conducted pursuant
25 to this Code.
26 Notwithstanding the regular dates for election of
27 officers established in this Article, whenever a referendum
28 is held for the establishment of a political subdivision
29 whose officers are to be elected, the initial officers shall
30 be elected at the election at which such referendum is held
31 if otherwise so provided by law. In such cases, the election
32 of the initial officers shall be subject to the referendum.
33 Notwithstanding the regular dates for election of
34 officials established in this Article, any community college
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1 district which becomes effective by operation of law pursuant
2 to Section 6-6.1 of the Public Community College Act, as now
3 or hereafter amended, shall elect the initial district board
4 members at the next regularly scheduled election following
5 the effective date of the new district.
6 (g) At any election established in Section 2A-1.1, if in
7 any precinct there are no offices or public questions
8 required to be on the ballot under this Code then no election
9 shall be held in the precinct on that date.
10 (h) Except at the nonpartisan election in 1981, there
11 may be conducted a referendum in accordance with the
12 provisions of Division 6-4 of the Counties Code.
13 (Source: P.A. 88-89; 88-443; 88-670, eff. 12-2-94; 89-5, eff.
14 1-1-96; 89-95, eff. 1-1-96; 89-626, eff. 8-9-96.)
15 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
16 Sec. 7-10. Petitions for nomination. The name of no
17 candidate for nomination, or State central committeeman, or
18 township committeeman, or precinct committeeman, or ward
19 committeeman or candidate for delegate or alternate delegate
20 to national nominating conventions, shall be printed upon the
21 primary ballot unless a petition for nomination has been
22 filed in his behalf as provided in this Article in
23 substantially the following form:
24 We, the undersigned, members of and affiliated with the
25 .... party and qualified primary electors of the ....
26 party, in the .... of ...., in the county of .... and State
27 of Illinois, do hereby petition that the following named
28 person or persons shall be a candidate or candidates of the
29 .... party for the nomination for (or in case of committeemen
30 for election to) the office or offices hereinafter specified,
31 to be voted for at the primary election to be held on the
32 .... day of ...., ....
33 Name Office Address
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1 John Jones Governor Belvidere, Ill.
2 Thomas Smith Attorney General Oakland, Ill.
3 Name.................. Address.......................
4 State of Illinois)
5 ) ss.
6 County of........)
7 I,...., do hereby certify that I am a registered voter
8 and have been a registered voter at all times I have
9 circulated this petition, that I reside at No. .... street,
10 in the .... of .... county of .... and State of Illinois,
11 and that the signatures on this sheet were signed in my
12 presence, and are genuine, and that to the best of my
13 knowledge and belief the persons so signing were at the time
14 of signing the petitions qualified voters of the .... party,
15 and that their respective residences are correctly stated, as
16 above set forth.
17 .........................
18 Subscribed and sworn to before me this .... day of ....,
19 ....
20 .........................
21 Each sheet of the petition other than the statement of
22 candidacy and candidate's statement shall be of uniform size
23 and shall contain above the space for signatures an
24 appropriate heading giving the information as to name of
25 candidate or candidates, in whose behalf such petition is
26 signed; the office, the political party represented and place
27 of residence; and the heading of each sheet shall be the
28 same.
29 Such petition shall be signed by qualified primary
30 electors residing in the political division for which the
31 nomination is sought in their own proper persons only and
32 opposite the signature of each signer, his residence address
33 shall be written or printed. The residence address required
34 to be written or printed opposite each qualified primary
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1 elector's name shall include the street address or rural
2 route number of the signer, as the case may be, as well as
3 the signer's city, village or town. However the county or
4 city, village or town, and state of residence of the electors
5 may be printed on the petition forms where all of the
6 electors signing the petition reside in the same county or
7 city, village or town, and state. Standard abbreviations may
8 be used in writing the residence address, including street
9 number, if any. At the bottom of each sheet of such petition
10 shall be added a statement signed by a registered voter of
11 the political division, who has been a registered voter at
12 all times he or she circulated the petition, for which the
13 candidate is seeking a nomination, stating the street address
14 or rural route number of the voter, as the case may be, as
15 well as the voter's city, village or town; and certifying
16 that the signatures on that sheet of the petition were signed
17 in his presence; and either (1) indicating the dates on which
18 that sheet was circulated, or (2) indicating the first and
19 last dates on which the sheet was circulated, or (3)
20 certifying that none of the signatures on the sheet were
21 signed more than 90 days preceding the last day for the
22 filing of the petition, or more than 45 days preceding the
23 last day for filing of the petition in the case of political
24 party and independent candidates for single or multi-county
25 regional superintendents of schools in the 1994 general
26 primary election; and certifying that the signatures on the
27 sheet are genuine, and certifying that to the best of his
28 knowledge and belief the persons so signing were at the time
29 of signing the petitions qualified voters of the political
30 party for which a nomination is sought. Such statement shall
31 be sworn to before some officer authorized to administer
32 oaths in this State.
33 No petition sheet shall be circulated more than 90 days
34 preceding the last day provided in Section 7-12 for the
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1 filing of such petition, or more than 45 days preceding the
2 last day for filing of the petition in the case of political
3 party and independent candidates for single or multi-county
4 regional superintendents of schools in the 1994 general
5 primary election.
6 The person circulating the petition, or the candidate on
7 whose behalf the petition is circulated, may strike any
8 signature from the petition, provided that;
9 (1) the person striking the signature shall initial
10 the petition at the place where the signature is struck;
11 and
12 (2) the person striking the signature shall sign a
13 certification listing the page number and line number of
14 each signature struck from the petition. Such
15 certification shall be filed as a part of the petition.
16 Such sheets before being filed shall be neatly fastened
17 together in book form, by placing the sheets in a pile and
18 fastening them together at one edge in a secure and suitable
19 manner, and the sheets shall then be numbered consecutively.
20 The sheets shall not be fastened by pasting them together end
21 to end, so as to form a continuous strip or roll. All
22 petition sheets which are filed with the proper local
23 election officials, election authorities or the State Board
24 of Elections shall be the original sheets which have been
25 signed by the voters and by the circulator thereof, and not
26 photocopies or duplicates of such sheets. Each petition must
27 include as a part thereof, a statement of candidacy for each
28 of the candidates filing, or in whose behalf the petition is
29 filed. This statement shall set out the address of such
30 candidate, the office for which he is a candidate, shall
31 state that the candidate is a qualified primary voter of the
32 party to which the petition relates and is qualified for the
33 office specified (in the case of a candidate for State's
34 Attorney it shall state that the candidate is at the time of
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1 filing such statement a licensed attorney-at-law of this
2 State), shall state that he has filed (or will file before
3 the close of the petition filing period) a statement of
4 economic interests as required by the Illinois Governmental
5 Ethics Act, shall request that the candidate's name be placed
6 upon the official ballot, and shall be subscribed and sworn
7 to by such candidate before some officer authorized to take
8 acknowledgment of deeds in the State and shall be in
9 substantially the following form:
10 Statement of Candidacy
11 Name Address Office District Party
12 John Jones 102 Main St. Governor Statewide Republican
13 Belvidere,
14 Illinois
15 State of Illinois)
16 ) ss.
17 County of........)
18 I, ...., being first duly sworn, say that I reside at
19 .... Street in the city (or village) of .... in the county
20 of .... State of Illinois; that I am a qualified voter
21 therein and am a qualified primary voter of the .... party;
22 that I am a candidate for nomination (for election in the
23 case of committeeman and delegates and alternate delegates)
24 to the office of .... to be voted upon at the primary
25 election to be held on the .... day of ...., ....; that I am
26 legally qualified (including being the holder of any license
27 that may be an eligibility requirement for the office I seek
28 the nomination for) to hold such office and that I have filed
29 (or I will file before the close of the petition filing
30 period) a statement of economic interests as required by the
31 Illinois Governmental Ethics Act and I hereby request that my
32 name be printed upon the official primary ballot for
33 nomination for (or election to in the case of committeemen
34 and delegates and alternate delegates) such office.
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1 Signed......................
2 Subscribed and sworn to (or affirmed) before me by ....,
3 who is to me personally known, this .... day of ...., 19...
4 Signed....................
5 (Official Character)
6 (Seal, if officer has one.)
7 The petitions, when filed, shall not be withdrawn or
8 added to, and no signatures shall be revoked except by
9 revocation filed in writing with the State Board of
10 Elections, election authority or local election official with
11 whom the petition is required to be filed, and before the
12 filing of such petition. Whoever forges the name of a signer
13 upon any petition required by this Article is deemed guilty
14 of a forgery and on conviction thereof shall be punished
15 accordingly.
16 Petitions of candidates for nomination for offices herein
17 specified, to be filed with the same officer, may contain the
18 names of 2 or more candidates of the same political party for
19 the same or different offices.
20 Such petitions for nominations shall be signed:
21 (a) If for a State office, or for delegate or
22 alternate delegate to be elected from the State at large
23 to a National nominating convention by not less than
24 5,000 nor more than 10,000 primary electors of his party.
25 (b) If for a congressional officer or for delegate
26 or alternate delegate to be elected from a congressional
27 district to a national nominating convention by at least
28 .5% of the qualified primary electors of his party in his
29 congressional district, except that for the first primary
30 following a redistricting of congressional districts such
31 petitions shall be signed by at least 600 qualified
32 primary electors of the candidate's party in his
33 congressional district.
34 (c) If for a county office (including county board
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1 member and chairman of the county board where elected
2 from the county at large), by at least .5% of the
3 qualified electors of his party cast at the last
4 preceding general election in his county. However, if
5 for the nomination for county commissioner of Cook
6 County, then by at least .5% of the qualified primary
7 electors of his or her party in his or her county in the
8 district or division in which such person is a candidate
9 for nomination; and if for county board member from a
10 county board district, then by at least .5% of the
11 qualified primary electors of his party in the county
12 board district. In the case of an election for county
13 board member to be elected from a district, for the first
14 primary following a redistricting of county board
15 districts or the initial establishment of county board
16 districts, then by at least .5% of the qualified electors
17 of his party in the entire county at the last preceding
18 general election, divided by the number of county board
19 districts, but in any event not less than 25 qualified
20 primary electors of his party in the district.
21 (d) If for a municipal or township office by at
22 least .5% of the qualified primary electors of his party
23 in the municipality or township; if for alderman, by at
24 least .5% of the voters of his party of his ward. In the
25 case of an election for alderman or trustee of a
26 municipality to be elected from a ward or district, for
27 the first primary following a redistricting or the
28 initial establishment of wards or districts, then by .5%
29 of the total number of votes cast for the candidate of
30 such political party who received the highest number of
31 votes in the entire municipality at the last regular
32 election at which an officer was regularly scheduled to
33 be elected from the entire municipality, divided by the
34 number of wards or districts, but in any event not less
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1 than 25 qualified primary electors of his party in the
2 ward or district.
3 (e) If for State central committeeman, by at least
4 100 of the primary electors of his or her party of his or
5 her congressional district.
6 (f) If for a candidate for trustee of a sanitary
7 district in which trustees are not elected from wards, by
8 at least .5% of the primary electors of his party, from
9 such sanitary district.
10 (g) If for a candidate for trustee of a sanitary
11 district in which the trustees are elected from wards, by
12 at least .5% of the primary electors of his party in his
13 ward of such sanitary district, except that for the first
14 primary following a reapportionment of the district such
15 petitions shall be signed by at least 150 qualified
16 primary electors of the candidate's ward of such sanitary
17 district.
18 (h) If for a candidate for judicial office, by at
19 least 500 qualified primary electors of his or her
20 judicial district, circuit, or subcircuit, as the case
21 may be.
22 (i) If for a candidate for precinct committeeman,
23 by at least 10 primary electors of his or her party of
24 his or her precinct; if for a candidate for ward
25 committeeman, by not less than 10% nor more than 16% (or
26 50 more than the minimum, whichever is greater) of the
27 primary electors of his party of his ward; if for a
28 candidate for township committeeman, by not less than 5%
29 nor more than 8% (or 50 more than the minimum, whichever
30 is greater) of the primary electors of his party in his
31 township or part of a township as the case may be.
32 (j) If for a candidate for State's Attorney or
33 Regional Superintendent of Schools to serve 2 or more
34 counties, by at least .5% of the primary electors of his
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1 party in the territory comprising such counties.
2 (k) If for a candidate for member of the Illinois
3 Commerce Commission, by at least 0.5% of the primary
4 electors of his or her party in the district in which the
5 person is a candidate for nomination.
6 (l) (k) If for any other office by at least .5% of
7 the total number of registered voters of the political
8 subdivision, district or division for which the
9 nomination is made or a minimum of 25, whichever is
10 greater.
11 For the purposes of this Section the number of primary
12 electors shall be determined by taking the total vote cast,
13 in the applicable district, for the candidate for such
14 political party who received the highest number of votes,
15 state-wide, at the last general election in the State at
16 which electors for President of the United States were
17 elected. For political subdivisions, the number of primary
18 electors shall be determined by taking the total vote cast
19 for the candidate for such political party who received the
20 highest number of votes in such political subdivision at the
21 last regular election at which an officer was regularly
22 scheduled to be elected from that subdivision. For wards or
23 districts of political subdivisions, the number of primary
24 electors shall be determined by taking the total vote cast
25 for the candidate for such political party who received the
26 highest number of votes in such ward or district at the last
27 regular election at which an officer was regularly scheduled
28 to be elected from that ward or district.
29 A "qualified primary elector" of a party may not sign
30 petitions for or be a candidate in the primary of more than
31 one party.
32 (Source: P.A. 87-1052; 88-89.)
33 (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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1 Sec. 7-12. Filing of petitions for nomination. All
2 petitions for nomination shall be filed by mail or in person
3 as follows:
4 (1) Where the nomination is to be made for a State,
5 congressional, Illinois Commerce Commission, or judicial
6 office, or for any office a nomination for which is made for
7 a territorial division or district which comprises more than
8 one county or is partly in one county and partly in another
9 county or counties, then, except as otherwise provided in
10 this Section, such petition for nomination shall be filed in
11 the principal office of the State Board of Elections not more
12 than 99 and not less than 92 days prior to the date of the
13 primary, but, in the case of petitions for nomination to fill
14 a vacancy by special election in the office of representative
15 in Congress from this State, such petition for nomination
16 shall be filed in the principal office of the State Board of
17 Elections not more than 57 days and not less than 50 days
18 prior to the date of the primary.
19 Where a vacancy occurs in the office of Supreme,
20 Appellate or Circuit Court Judge within the 3-week period
21 preceding the 92nd day before a general primary election,
22 petitions for nomination for the office in which the vacancy
23 has occurred shall be filed in the principal office of the
24 State Board of Elections not more than 78 nor less than 71
25 days prior to the date of the general primary election.
26 Where the nomination is to be made for delegates or
27 alternate delegates to a national nominating convention, then
28 such petition for nomination shall be filed in the principal
29 office of the State Board of Elections not more than 99 and
30 not less than 92 days prior to the date of the primary;
31 provided, however, that if the rules or policies of a
32 national political party conflict with such requirements for
33 filing petitions for nomination for delegates or alternate
34 delegates to a national nominating convention, the chairman
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1 of the State central committee of such national political
2 party shall notify the Board in writing, citing by reference
3 the rules or policies of the national political party in
4 conflict, and in such case the Board shall direct such
5 petitions to be filed not more than 69 and not less than 62
6 days prior to the date of the primary.
7 (2) Where the nomination is to be made for a county
8 office or trustee of a sanitary district then such petition
9 shall be filed in the office of the county clerk not more
10 than 99 nor less than 92 days prior to the date of the
11 primary.
12 (3) Where the nomination is to be made for a municipal
13 or township office, such petitions for nomination shall be
14 filed in the office of the local election official, not more
15 than 78 nor less than 71 days prior to the date of the
16 primary; provided, where a municipality's or township's
17 boundaries are coextensive with or are entirely within the
18 jurisdiction of a municipal board of election commissioners,
19 the petitions shall be filed in the office of such board; and
20 provided, that petitions for the office of multi-township
21 assessor shall be filed with the election authority.
22 (4) The petitions of candidates for State central
23 committeeman shall be filed in the principal office of the
24 State Board of Elections not more than 99 nor less than 92
25 days prior to the date of the primary.
26 (5) Petitions of candidates for precinct, township or
27 ward committeemen shall be filed in the office of the county
28 clerk not more than 99 nor less than 92 days prior to the
29 date of the primary.
30 (6) The State Board of Elections and the various
31 election authorities and local election officials with whom
32 such petitions for nominations are filed shall specify the
33 place where filings shall be made and upon receipt shall
34 endorse thereon the day and hour on which each petition was
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1 filed. All petitions filed by persons waiting in line as of
2 8:00 a.m. on the first day for filing, or as of the normal
3 opening hour of the office involved on such day, shall be
4 deemed filed as of 8:00 a.m. or the normal opening hour, as
5 the case may be. Petitions filed by mail and received after
6 midnight of the first day for filing and in the first mail
7 delivery or pickup of that day shall be deemed as filed as of
8 8:00 a.m. of that day or as of the normal opening hour of
9 such day, as the case may be. All petitions received
10 thereafter shall be deemed as filed in the order of actual
11 receipt. Where 2 or more petitions are received
12 simultaneously, the State Board of Elections or the various
13 election authorities or local election officials with whom
14 such petitions are filed shall break ties and determine the
15 order of filing, by means of a lottery or other fair and
16 impartial method of random selection approved by the State
17 Board of Elections. Such lottery shall be conducted within 9
18 days following the last day for petition filing and shall be
19 open to the public. Seven days written notice of the time and
20 place of conducting such random selection shall be given by
21 the State Board of Elections to the chairman of the State
22 central committee of each established political party, and by
23 each election authority or local election official, to the
24 County Chairman of each established political party, and to
25 each organization of citizens within the election
26 jurisdiction which was entitled, under this Article, at the
27 next preceding election, to have pollwatchers present on the
28 day of election. The State Board of Elections, election
29 authority or local election official shall post in a
30 conspicuous, open and public place, at the entrance of the
31 office, notice of the time and place of such lottery. The
32 State Board of Elections shall adopt rules and regulations
33 governing the procedures for the conduct of such lottery. All
34 candidates shall be certified in the order in which their
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1 petitions have been filed. Where candidates have filed
2 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 such
7 a petition for nomination is filed shall notify the person
8 for whom a petition for nomination has been filed of the
9 obligation to file statements of organization, reports of
10 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 the
18 appropriate officer by the end of the period for the filing
19 of nomination papers unless he has filed a statement of
20 economic interests in relation to the same governmental unit
21 with that officer within a year preceding the date on which
22 such nomination papers were filed. If the nomination papers
23 of any candidate and the statement of economic interest of
24 that candidate are not required to be filed with the same
25 officer, the candidate must file with the officer with whom
26 the nomination papers are filed a receipt from the officer
27 with whom the statement of economic interests is filed
28 showing the date on which such statement was filed. Such
29 receipt shall be so filed not later than the last day on
30 which nomination papers may be filed.
31 (9) Any person for whom a petition for nomination, or
32 for committeeman or for delegate or alternate delegate to a
33 national nominating convention has been filed may cause his
34 name to be withdrawn by request in writing, signed by him and
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1 duly acknowledged before an officer qualified to take
2 acknowledgments of deeds, and filed in the principal or
3 permanent branch office of the State Board of Elections or
4 with the appropriate election authority or local election
5 official, not later than the date of certification of
6 candidates for the consolidated primary or general primary
7 ballot. No names so withdrawn shall be certified or printed
8 on the primary ballot. If petitions for nomination have been
9 filed for the same person with respect to more than one
10 political party, his name shall not be certified nor printed
11 on the primary ballot of any party. If petitions for
12 nomination have been filed for the same person for 2 or more
13 offices which are incompatible so that the same person could
14 not serve in more than one of such offices if elected, that
15 person must withdraw as a candidate for all but one of such
16 offices within the 5 business days following the last day for
17 petition filing. If he fails to withdraw as a candidate for
18 all but one of such offices within such time his name shall
19 not be certified, nor printed on the primary ballot, for any
20 office. For the purpose of the foregoing provisions, an
21 office in a political party is not incompatible with any
22 other office.
23 (10) (a) Notwithstanding the provisions of any other
24 statute, no primary shall be held for an established
25 political party in any township, municipality, or ward
26 thereof, where the nomination of such party for every
27 office to be voted upon by the electors of such township,
28 municipality, or ward thereof, is uncontested. Whenever
29 a political party's nomination of candidates is
30 uncontested as to one or more, but not all, of the
31 offices to be voted upon by the electors of a township,
32 municipality, or ward thereof, then a primary shall be
33 held for that party in such township, municipality, or
34 ward thereof; provided that the primary ballot shall not
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1 include those offices within such township, municipality,
2 or ward thereof, for which the nomination is uncontested.
3 For purposes of this Article, the nomination of an
4 established political party of a candidate for election
5 to an office shall be deemed to be uncontested where not
6 more than the number of persons to be nominated have
7 timely filed valid nomination papers seeking the
8 nomination of such party for election to such office.
9 (b) Notwithstanding the provisions of any other
10 statute, no primary election shall be held for an
11 established political party for any special primary
12 election called for the purpose of filling a vacancy in
13 the office of representative in the United States
14 Congress where the nomination of such political party for
15 said office is uncontested. For the purposes of this
16 Article, the nomination of an established political party
17 of a candidate for election to said office shall be
18 deemed to be uncontested where not more than the number
19 of persons to be nominated have timely filed valid
20 nomination papers seeking the nomination of such
21 established party for election to said office. This
22 subsection (b) shall not apply if such primary election
23 is conducted on a regularly scheduled election day.
24 (c) Notwithstanding the provisions in subparagraph
25 (a) and (b) of this paragraph (10), whenever a person who
26 has not timely filed valid nomination papers and who
27 intends to become a write-in candidate for a political
28 party's nomination for any office for which the
29 nomination is uncontested files a written statement or
30 notice of that intent with the State Board of Elections
31 or the local election official with whom nomination
32 papers for such office are filed, a primary ballot shall
33 be prepared and a primary shall be held for that office.
34 Such statement or notice shall be filed on or before the
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1 date established in this Article for certifying
2 candidates for the primary ballot. Such statement or
3 notice shall contain (i) the name and address of the
4 person intending to become a write-in candidate, (ii) a
5 statement that the person is a qualified primary elector
6 of the political party from whom the nomination is
7 sought, (iii) a statement that the person intends to
8 become a write-in candidate for the party's nomination,
9 and (iv) the office the person is seeking as a write-in
10 candidate. An election authority shall have no duty to
11 conduct a primary and prepare a primary ballot for any
12 office for which the nomination is uncontested unless a
13 statement or notice meeting the requirements of this
14 Section is filed in a timely manner.
15 (11) If multiple sets of nomination papers are filed for
16 a candidate to the same office, the State Board of Elections,
17 appropriate election authority or local election official
18 where the petitions are filed shall within 2 business days
19 notify the candidate of his or her multiple petition filings
20 and that the candidate has 3 business days after receipt of
21 the notice to notify the State Board of Elections,
22 appropriate election authority or local election official
23 that he or she may cancel prior sets of petitions. If the
24 candidate notifies the State Board of Elections, appropriate
25 election authority or local election official, the last set
26 of petitions filed shall be the only petitions to be
27 considered valid by the State Board of Elections, election
28 authority or local election official. If the candidate fails
29 to notify the State Board of Elections, election authority or
30 local election official then only the first set of petitions
31 filed shall be valid and all subsequent petitions shall be
32 void.
33 (12) All nominating petitions shall be available for
34 public inspection and shall be preserved for a period of not
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1 less than 6 months.
2 (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089;
3 87-1052.)
4 (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
5 Sec. 10-9. Electoral boards; hearing on objections. The
6 following electoral boards are designated for the purpose of
7 hearing and passing upon the objector's petition described in
8 Section 10-8.
9 1. The State Board of Elections will hear and pass upon
10 objections to the nominations of candidates for State
11 offices, nominations of candidates for congressional,
12 legislative and judicial offices of districts or circuits
13 situated in more than one county, nominations of candidates
14 for members of the Illinois Commerce Commission, nominations
15 of candidates for the offices of State's attorney or regional
16 superintendent of schools to be elected from more than one
17 county, and petitions for proposed amendments to the
18 Constitution of the State of Illinois as provided for in
19 Section 3 of Article XIV of the Constitution.
20 2. The county officers electoral board to hear and pass
21 upon objections to the nominations of candidates for county
22 offices, for congressional, legislative and judicial offices
23 of a district or circuit coterminous with or less than a
24 county, for school trustees to be voted for by the electors
25 of the county or by the electors of a township of the county,
26 for the office of multi-township assessor where candidates
27 for such office are nominated in accordance with this Code,
28 and for all special district offices, shall be composed of
29 the county clerk, or an assistant designated by the county
30 clerk, the State's attorney of the county or an Assistant
31 State's Attorney designated by the State's Attorney, and the
32 clerk of the circuit court, or an assistant designated by the
33 clerk of the circuit court, of the county, of whom the county
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1 clerk or his designee shall be the chairman, except that in
2 any county which has established a county board of election
3 commissioners that board shall constitute the county officers
4 electoral board ex-officio.
5 3. The municipal officers electoral board to hear and
6 pass upon objections to the nominations of candidates for
7 officers of municipalities shall be composed of the mayor or
8 president of the board of trustees of the city, village or
9 incorporated town, and the city, village or incorporated town
10 clerk, and one member of the city council or board of
11 trustees, that member being designated who is eligible to
12 serve on the electoral board and has served the greatest
13 number of years as a member of the city council or board of
14 trustees, of whom the mayor or president of the board of
15 trustees shall be the chairman.
16 4. The township officers electoral board to pass upon
17 objections to the nominations of township officers shall be
18 composed of the township supervisor, the town clerk, and that
19 eligible town trustee elected in the township who has had the
20 longest term of continuous service as town trustee, of whom
21 the township supervisor shall be the chairman.
22 5. The education officers electoral board to hear and
23 pass upon objections to the nominations of candidates for
24 offices in school or community college districts shall be
25 composed of the presiding officer of the school or community
26 college district board, who shall be the chairman, the
27 secretary of the school or community college district board
28 and the eligible elected school or community college board
29 member who has the longest term of continuous service as a
30 board member.
31 6. In all cases, however, where the Congressional or
32 Legislative district is wholly within the jurisdiction of a
33 board of election commissioners and in all cases where the
34 school district or special district is wholly within the
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1 jurisdiction of a municipal board of election commissioners
2 and in all cases where the municipality or township is wholly
3 or partially within the jurisdiction of a municipal board of
4 election commissioners, the board of election commissioners
5 shall ex-officio constitute the electoral board.
6 For special districts situated in more than one county,
7 the county officers electoral board of the county in which
8 the principal office of the district is located has
9 jurisdiction to hear and pass upon objections. For purposes
10 of this Section, "special districts" means all political
11 subdivisions other than counties, municipalities, townships
12 and school and community college districts.
13 In the event that any member of the appropriate board is
14 a candidate for the office with relation to which the
15 objector's petition is filed, he shall not be eligible to
16 serve on that board and shall not act as a member of the
17 board and his place shall be filled as follows:
18 a. In the county officers electoral board by the
19 county treasurer, and if he or she is ineligible to
20 serve, by the sheriff of the county.
21 b. In the municipal officers electoral board by the
22 eligible elected city council or board of trustees member
23 who has served the second greatest number of years as a
24 city council or board of trustees member.
25 c. In the township officers electoral board by the
26 eligible elected town trustee who has had the second
27 longest term of continuous service as a town trustee.
28 d. In the education officers electoral board by the
29 eligible elected school or community college district
30 board member who has had the second longest term of
31 continuous service as a board member.
32 In the event that the chairman of the electoral board is
33 ineligible to act because of the fact that he is a candidate
34 for the office with relation to which the objector's petition
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1 is filed, then the substitute chosen under the provisions of
2 this Section shall be the chairman; In this case, the officer
3 or board with whom the objector's petition is filed, shall
4 transmit the certificate of nomination or nomination papers
5 as the case may be, and the objector's petition to the
6 substitute chairman of the electoral board.
7 When 2 or more eligible individuals, by reason of their
8 terms of service on a city council or board of trustees,
9 township board of trustees, or school or community college
10 district board, qualify to serve on an electoral board, the
11 one to serve shall be chosen by lot.
12 Any vacancies on an electoral board not otherwise filled
13 pursuant to this Section shall be filled by public members
14 appointed by the Chief Judge of the Circuit Court for the
15 county wherein the electoral board hearing is being held upon
16 notification to the Chief Judge of such vacancies. The Chief
17 Judge shall be so notified by a member of the electoral board
18 or the officer or board with whom the objector's petition was
19 filed. In the event that none of the individuals designated
20 by this Section to serve on the electoral board are eligible,
21 the chairman of an electoral board shall be designated by the
22 Chief Judge.
23 (Source: P.A. 87-570.)
24 (10 ILCS 5/22-1) (from Ch. 46, par. 22-1)
25 Sec. 22-1. Abstracts of votes. Within 7 days after the
26 close of the election at which candidates for offices
27 hereinafter named in this Section are voted upon, the county
28 clerks of the respective counties, with the assistance of the
29 chairmen of the county central committees of the Republican
30 and Democratic parties of the county, shall open the returns
31 and make abstracts of the votes on a separate sheet for each
32 of the following:
33 A. For Governor and Lieutenant Governor;
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1 B. For State officers;
2 C. For presidential electors;
3 D. For United States Senators and Representatives to
4 Congress;
5 E. For judges of the Supreme Court;
6 F. For judges of the Appellate Court;
7 G. For judges of the circuit court;
8 H. For Senators and Representatives to the General
9 Assembly;
10 I. For State's Attorneys elected from 2 or more
11 counties;
12 J. For amendments to the Constitution, and for other
13 propositions submitted to the electors of the entire State;
14 K. For county officers and for propositions submitted to
15 the electors of the county only;
16 L. For Regional Superintendent of Schools;
17 M. For trustees of Sanitary Districts; and
18 N. For Trustee of a Regional Board of School Trustees;
19 and.
20 O. For members of the Illinois Commerce Commission.
21 Multiple originals of each of the sheets shall be
22 prepared and one of each shall be turned over to the chairman
23 of the county central committee of each of the then existing
24 established political parties, as defined in Section 10-2, or
25 his duly authorized representative immediately after the
26 completion of the entries on the sheets and before the totals
27 have been compiled.
28 The foregoing abstracts shall be preserved by the county
29 clerk in his office.
30 Whenever any county chairman is also county clerk or
31 whenever any county chairman is unable to serve as a member
32 of such canvassing board the vice-chairman or secretary of
33 his county central committee, in that order, shall serve in
34 his place as member of such canvassing board; provided, that
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1 if none of these persons is able to serve, the county
2 chairman may appoint a member of his county central committee
3 to serve as a member of such canvassing board.
4 The powers and duties of the county canvassing board are
5 limited to those specified in this Section. In no event shall
6 such canvassing board open any package in which the ballots
7 have been wrapped or any envelope containing "defective" or
8 "objected to" ballots, or in any manner undertake to examine
9 the ballots used in the election, except as provided in
10 Section 22-9.1 or when directed by a court in an election
11 contest. Nor shall such canvassing board call in the precinct
12 judges of election or any other persons to open or recount
13 the ballots.
14 (Source: P.A. 89-5, eff. 1-1-96.)
15 (10 ILCS 5/22-7) (from Ch. 46, par. 22-7)
16 Sec. 22-7. Canvass of votes; declaration and proclamation
17 of result. The State Board of Elections, shall proceed within
18 20 days after the election, and sooner if all the returns are
19 received, to canvass the votes given for United States
20 Senators and Representatives to Congress, State executive
21 officers, members of the Illinois Commerce Commission, judges
22 of the Supreme Court, judges of the Appellate Court, judges
23 of the Circuit Court, Senators, Representatives to the
24 General Assembly, State's Attorneys and Regional
25 Superintendents of Schools elected from 2 or more counties,
26 respectively, and the persons having the highest number of
27 votes for the respective offices shall be declared duly
28 elected, but if it appears that more than the number of
29 persons to be elected have the highest and an equal number of
30 votes for the same office, the electoral board shall decide
31 by lot which of such persons shall be elected; and to each
32 person duly elected, the Governor shall give a certificate of
33 election or commission, as the case may require, and shall
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1 cause proclamation to be made of the result of the canvass,
2 and they shall at the same time and in the same manner,
3 canvass the vote cast upon amendments to the Constitution,
4 and upon other propositions submitted to the electors of the
5 entire State; and the Governor shall cause to be made such
6 proclamation of the result of the canvass as the statutes
7 elsewhere provide. The State Board of Elections shall
8 transmit to the State Comptroller a list of the persons
9 elected to the various offices. The State Board of Elections
10 shall also transmit to the Supreme Court the names of persons
11 elected to judgeships in adversary elections and the names of
12 judges who fail to win retention in office.
13 (Source: P.A. 89-5, eff. 1-1-96.)
14 (10 ILCS 5/22-8) (from Ch. 46, par. 22-8)
15 Sec. 22-8. Canvas in municipalities under Article 6. In
16 municipalities operating under Article 6 of this Act, within
17 7 days after the close of such election, a judge of the
18 circuit court, with the assistance of the city attorney and
19 the board of election commissioners, who are hereby declared
20 a canvassing board for such city, shall open all returns left
21 respectively, with the election commissioners, the county
22 clerk, and city comptroller, and shall make abstracts or
23 statements of the votes in the following manner, as the case
24 may require, viz: All votes for Governor and Lieutenant
25 Governor on one sheet; all votes for other State officers on
26 another sheet; all votes for presidential electors on another
27 sheet; all votes for United States Senators and
28 Representatives to Congress on another sheet; all votes for
29 judges of the Supreme Court on another sheet; all votes for
30 judges of the Appellate Court on another sheet; all votes for
31 Judges of the Circuit Court on another sheet; all votes for
32 members of the Illinois Commerce Commission on another sheet;
33 all votes for Senators and Representatives to the General
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1 Assembly on another sheet; all votes for State's Attorneys
2 where elected from 2 or more counties on another sheet; all
3 votes for County Officers on another sheet; all votes for
4 City Officers on another sheet; all votes for Town Officers
5 on another sheet; and all votes for any other office on a
6 separate and appropriate sheet; all votes for any
7 proposition, which may be submitted to a vote of the people,
8 on another sheet, and all votes against any proposition,
9 submitted to a vote of the people, on another sheet.
10 Multiple originals of each of the sheets shall be
11 prepared and one of each shall be turned over to the chairman
12 of the county central committee of each of the then existing
13 established political parties, as defined in Section 10-2, or
14 his duly authorized representative immediately after the
15 completion of the entries on the sheets and before the totals
16 have been compiled.
17 (Source: P.A. 77-2626.)
18 Section 10. The Public Utilities Act is amended by
19 changing Sections 2-101 and 2-102 and adding Section 2-101.5
20 as follows:
21 (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101)
22 Sec. 2-101. Commerce Commission created. There is
23 created an Illinois Commerce Commission consisting of 5
24 members elected as provided in Section 2-101.5 not more than
25 3 of whom shall be members of the same political party at the
26 time of appointment. The Governor shall fill a vacancy by
27 appointment appoint the members of such Commission by and
28 with the advice and consent of the Senate. In case of a
29 vacancy in such office during the recess of the Senate the
30 Governor shall make a temporary appointment until the next
31 meeting of the Senate, when he shall nominate some person to
32 fill such office; and any person so nominated who is
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1 confirmed by the Senate, shall hold his office during the
2 remainder of the term and until his successor shall be
3 elected appointed and qualified. If 28 or fewer months remain
4 on the vacating member's term, the person appointed to fill
5 the vacancy shall serve for the remainder of the term. If
6 more than 28 months remain on the vacating member's term, the
7 person appointed to fill the vacancy shall serve until the
8 second Monday in January after the next general election; at
9 that next general election a person shall be elected to fill
10 the remainder of the vacating member's term. Each member of
11 the Commission shall hold office for a term of 5 years from
12 the second third Monday in January of the year in which his
13 predecessor's term expires for a term as provided in Section
14 2-101.5.
15 Notwithstanding any provision of this Section to the
16 contrary, the term of office of each member of the Commission
17 is terminated on the effective date of this amendatory Act of
18 1995, but the incumbent members shall continue to exercise
19 all of the powers and be subject to all of the duties of
20 members of the Commission until their respective successors
21 are appointed and qualified. Of the members initially
22 appointed under the provisions of this amendatory Act of
23 1995, one member shall be appointed for a term of office
24 which shall expire on the third Monday of January, 1997; 2
25 members shall be appointed for terms of office which shall
26 expire on the third Monday of January, 1998; one member shall
27 be appointed for a term of office which shall expire on the
28 third Monday of January, 1999; and one member shall be
29 appointed for a term of office which shall expire on the
30 third Monday of January, 2000. Each respective successor
31 shall be appointed for a term of 5 years from the third
32 Monday of January of the year in which his predecessor's term
33 expires in accordance with the provisions of the first
34 paragraph of this Section.
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1 Each member shall serve until his successor is elected
2 appointed and qualified, except that if the Senate refuses to
3 consent to the appointment of any member, such office shall
4 be deemed vacant, and within 2 weeks of the date the Senate
5 refuses to consent to the reappointment of any member, such
6 member shall vacate such office. The Governor shall from time
7 to time designate the member of the Commission who shall be
8 its chairman. One member of the Commission shall be elected
9 by the members to serve as Chairman for a term of 2 years.
10 The election for chairman shall be held on the second Monday
11 in the January following the general election after the
12 members elected at that general election have assumed office.
13 Consistent with the provisions of this Act, the Chairman
14 shall be the chief executive officer of the Commission for
15 the purpose of ensuring that the Commission's policies are
16 properly executed.
17 A majority of the Commission shall constitute a quorum to
18 transact business, but no vacancy shall impair the right of
19 the remaining commissioners to exercise all of the powers of
20 the Commission; and every finding, order or decision approved
21 by a majority of the members of the Commission shall be
22 deemed to be the finding, order or decision of the
23 Commission. The terms of all members incumbent on the
24 effective date of this amendatory Act of 1997, and all
25 members appointed to fill a vacancy existing on the
26 Commission on or after the effective date of this amendatory
27 Act of 1997, but before the second Monday in January 1999,
28 are abolished on the second Monday in January 1999, however,
29 those members shall remain in office until their successors
30 are elected and qualified.
31 (Source: P.A. 89-429, eff. 12-15-95.)
32 (220 ILCS 5/2-101.5 new)
33 Sec. 2-101.5. Commission districts; election of members.
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1 (a) Commission Districts shall be compact, contiguous and
2 substantially equal in population. In 1997, and in the year
3 following each federal decennial census year thereafter, the
4 General Assembly by law shall redistrict the State into 5
5 Commission Districts. If no redistricting plan becomes
6 effective by June 30 of that year, the General Assembly shall
7 follow the procedure set forth for legislative redistricting
8 in subsection (b) of Section 3 of Article 4 of the Illinois
9 Constitution. The Commission Districts shall be divided into
10 2 groups for the purpose of establishing terms for which the
11 members shall be elected in each group. One group shall be
12 comprised of the even-numbered districts and the other group
13 shall be comprised of the odd-numbered districts.
14 (b) At the general election in 1998, one member of the
15 Commission shall be elected from each Commission District
16 established under subsection (a) of this Section. The
17 members of the Commission elected in 1998 shall serve 4-year
18 terms. Within 120 days after the general election held in
19 2002, the members shall meet and publicly by lot determine
20 which group shall be the first group and which group shall be
21 the second group. The members or their successors from the
22 first group shall be elected for successive terms of 4 years,
23 4 years and 2 years and members and their successors from the
24 second group shall be elected for successive terms of 2
25 years, 4 years and 4 years.
26 (c) To be eligible to serve as a member of the
27 Commission, a person must be a United States citizen, at
28 least 21 years old, and for the 2 years preceding his or her
29 election or appointment a resident of the district he or she
30 is to represent. In the general election following a
31 redistricting, a candidate for the Illinois Commerce
32 Commission may be elected from any district that contains a
33 part of the district in which he or she resided at the time
34 of the redistricting and may be reelected if a resident of
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1 the new district he or she represents for 18 months prior to
2 reelection.
3 (220 ILCS 5/2-102) (from Ch. 111 2/3, par. 2-102)
4 Sec. 2-102. Commissioners and officers; prohibited
5 activities.
6 (a) Each commissioner and each person appointed to office
7 by the Commission shall before entering upon the duties of
8 his office take and subscribe the constitutional oath of
9 office.
10 Before entering upon the duties of his office each
11 commissioner shall give bond, with security to be approved by
12 the Governor, in the sum of $20,000, conditioned for the
13 faithful performance of his duty as such commissioner.
14 Every person appointed or employed by the Commission, may, in
15 the discretion of the Commission, before entering upon the
16 duties of his office, be required to give bond for the
17 faithful discharge of his duties, in such sum as the
18 Commission may designate, which bond shall be approved by the
19 Commission.
20 All bonds required to be filed pursuant to this section
21 shall be filed in the office of the Secretary of State.
22 (b) No person in the employ of or holding any official
23 relation to any corporation or person subject in whole or in
24 part to regulation by the Commission, and no person holding
25 stock or bonds in any such corporation, or who is in any
26 other manner pecuniarily interested therein, directly or
27 indirectly, shall be appointed to or hold the office of
28 commissioner or be appointed or employed by the Commission;
29 and if any such person shall voluntarily become so interested
30 his office or employment shall ipso facto become vacant. If
31 any person become so interested otherwise than voluntarily he
32 shall within a reasonable time divest himself of such
33 interest, and if he fails to do so his office or employment
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1 shall become vacant.
2 No commissioner or person appointed or employed by the
3 Commission shall solicit or accept any gift, gratuity,
4 emolument or employment from any person or corporation
5 subject to the supervision of the Commission, or from any
6 officer, agent or employee thereof; nor solicit, request from
7 or recommend, directly or indirectly, to any such person or
8 corporation, or to any officer, agent or employee thereof the
9 appointment of any person to any place or position. Every
10 such corporation and person, and every officer, agent or
11 employee thereof, is hereby forbidden to offer to any
12 commissioner or to any person appointed or employed by the
13 Commission any gift, gratuity, emolument or employment. If
14 any commissioner or any person appointed or employed by the
15 Commission shall violate any provisions of this paragraph he
16 shall be removed from the office or employment held by him.
17 Every person violating the provisions of this paragraph shall
18 be guilty of a Class A misdemeanor.
19 (c) Each commissioner shall devote his entire time to
20 the duties of his office, and shall hold no other office or
21 position of profit, or engage in any other business,
22 employment or vocation.
23 (Source: P.A. 84-617.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.