[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB1840
LRB9103031MWpr
1 AN ACT to amend the Elections Code by changing Sections
2 7-12 and 10-6.
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 7-12 and 10-6 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
9 by 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 in
14 one county and partly in another county or counties, then,
15 except as otherwise provided in this Section, such petition
16 for nomination shall be filed in the principal office of the
17 State Board of Elections not more than 144 99 and not less
18 than 137 92 days prior to the date of the primary, but, in
19 the case of petitions for nomination to fill a vacancy by
20 special election in the office of representative in Congress
21 from this State, such petition for nomination shall be filed
22 in the principal office of the State Board of Elections not
23 more than 102 57 days and not less than 95 50 days prior to
24 the date of the primary.
25 Where a vacancy occurs in the office of Supreme,
26 Appellate or Circuit Court Judge within the 3-week period
27 preceding the 137th 92nd day before a general primary
28 election, petitions for nomination for the office in which
29 the vacancy has occurred shall be filed in the principal
30 office of the State Board of Elections not more than 123 78
31 nor less than 116 71 days prior to the date of the general
-2- LRB9103031MWpr
1 primary election.
2 Where the nomination is to be made for delegates or
3 alternate delegates to a national nominating convention, then
4 such petition for nomination shall be filed in the principal
5 office of the State Board of Elections not more than 144 99
6 and not less than 137 92 days prior to the date of the
7 primary; provided, however, that if the rules or policies of
8 a national political party conflict with such requirements
9 for filing petitions for nomination for delegates or
10 alternate delegates to a national nominating convention, the
11 chairman of the State central committee of such national
12 political party shall notify the Board in writing, citing by
13 reference the rules or policies of the national political
14 party in conflict, and in such case the Board shall direct
15 such petitions to be filed not more than 114 69 and not less
16 than 107 62 days prior to the date of the primary.
17 (2) Where the nomination is to be made for a county
18 office or trustee of a sanitary district then such petition
19 shall be filed in the office of the county clerk not more
20 than 144 99 nor less than 137 92 days prior to the date of
21 the primary.
22 (3) Where the nomination is to be made for a municipal
23 or township office, such petitions for nomination shall be
24 filed in the office of the local election official, not more
25 than 123 78 nor less than 116 71 days prior to the date of
26 the primary; provided, where a municipality's or township's
27 boundaries are coextensive with or are entirely within the
28 jurisdiction of a municipal board of election commissioners,
29 the petitions shall be filed in the office of such board; and
30 provided, that petitions for the office of multi-township
31 assessor shall be filed with the election authority.
32 (4) The petitions of candidates for State central
33 committeeman shall be filed in the principal office of the
34 State Board of Elections not more than 144 99 nor less than
-3- LRB9103031MWpr
1 137 92 days prior to the date of the primary.
2 (5) Petitions of candidates for precinct, township or
3 ward committeemen shall be filed in the office of the county
4 clerk not more than 144 99 nor less than 137 92 days prior to
5 the date of the primary.
6 (6) The State Board of Elections and the various
7 election authorities and local election officials with whom
8 such petitions for nominations are filed shall specify the
9 place where filings shall be made and upon receipt shall
10 endorse thereon the day and hour on which each petition was
11 filed. All petitions filed by persons waiting in line as of
12 8:00 a.m. on the first day for filing, or as of the normal
13 opening hour of the office involved on such day, shall be
14 deemed filed as of 8:00 a.m. or the normal opening hour, as
15 the case may be. Petitions filed by mail and received after
16 midnight of the first day for filing and in the first mail
17 delivery or pickup of that day shall be deemed as filed as of
18 8:00 a.m. of that day or as of the normal opening hour of
19 such day, as the case may be. All petitions received
20 thereafter shall be deemed as filed in the order of actual
21 receipt. Where 2 or more petitions are received
22 simultaneously, the State Board of Elections or the various
23 election authorities or local election officials with whom
24 such petitions are filed shall break ties and determine the
25 order of filing, by means of a lottery or other fair and
26 impartial method of random selection approved by the State
27 Board of Elections. Such lottery shall be conducted within 9
28 days following the last day for petition filing and shall be
29 open to the public. Seven days written notice of the time and
30 place of conducting such random selection shall be given by
31 the State Board of Elections to the chairman of the State
32 central committee of each established political party, and by
33 each election authority or local election official, to the
34 County Chairman of each established political party, and to
-4- LRB9103031MWpr
1 each organization of citizens within the election
2 jurisdiction which was entitled, under this Article, at the
3 next preceding election, to have pollwatchers present on the
4 day of election. The State Board of Elections, election
5 authority or local election official shall post in a
6 conspicuous, open and public place, at the entrance of the
7 office, notice of the time and place of such lottery. The
8 State Board of Elections shall adopt rules and regulations
9 governing the procedures for the conduct of such lottery. All
10 candidates shall be certified in the order in which their
11 petitions have been filed. Where candidates have filed
12 simultaneously, they shall be certified in the order
13 determined by lot and prior to candidates who filed for the
14 same office at a later time.
15 (7) The State Board of Elections or the appropriate
16 election authority or local election official with whom such
17 a petition for nomination is filed shall notify the person
18 for whom a petition for nomination has been filed of the
19 obligation to file statements of organization, reports of
20 campaign contributions, and annual reports of campaign
21 contributions and expenditures under Article 9 of this Act.
22 Such notice shall be given in the manner prescribed by
23 paragraph (7) of Section 9-16 of this Code.
24 (8) Nomination papers filed under this Section are not
25 valid if the candidate named therein fails to file a
26 statement of economic interests as required by the Illinois
27 Governmental Ethics Act in relation to his candidacy with the
28 appropriate officer by the end of the period for the filing
29 of nomination papers unless he has filed a statement of
30 economic interests in relation to the same governmental unit
31 with that officer within a year preceding the date on which
32 such nomination papers were filed. If the nomination papers
33 of any candidate and the statement of economic interest of
34 that candidate are not required to be filed with the same
-5- LRB9103031MWpr
1 officer, the candidate must file with the officer with whom
2 the nomination papers are filed a receipt from the officer
3 with whom the statement of economic interests is filed
4 showing the date on which such statement was filed. Such
5 receipt shall be so filed not later than the last day on
6 which nomination papers may be filed.
7 (9) Any person for whom a petition for nomination, or
8 for committeeman or for delegate or alternate delegate to a
9 national nominating convention has been filed may cause his
10 name to be withdrawn by request in writing, signed by him and
11 duly acknowledged before an officer qualified to take
12 acknowledgments of deeds, and filed in the principal or
13 permanent branch office of the State Board of Elections or
14 with the appropriate election authority or local election
15 official, not later than the date of certification of
16 candidates for the consolidated primary or general primary
17 ballot. No names so withdrawn shall be certified or printed
18 on the primary ballot. If petitions for nomination have been
19 filed for the same person with respect to more than one
20 political party, his name shall not be certified nor printed
21 on the primary ballot of any party. If petitions for
22 nomination have been filed for the same person for 2 or more
23 offices which are incompatible so that the same person could
24 not serve in more than one of such offices if elected, that
25 person must withdraw as a candidate for all but one of such
26 offices within the 5 business days following the last day for
27 petition filing. If he fails to withdraw as a candidate for
28 all but one of such offices within such time his name shall
29 not be certified, nor printed on the primary ballot, for any
30 office. For the purpose of the foregoing provisions, an
31 office in a political party is not incompatible with any
32 other office.
33 (10) (a) Notwithstanding the provisions of any other
34 statute, no primary shall be held for an established
-6- LRB9103031MWpr
1 political party in any township, municipality, or ward
2 thereof, where the nomination of such party for every
3 office to be voted upon by the electors of such township,
4 municipality, or ward thereof, is uncontested. Whenever
5 a political party's nomination of candidates is
6 uncontested as to one or more, but not all, of the
7 offices to be voted upon by the electors of a township,
8 municipality, or ward thereof, then a primary shall be
9 held for that party in such township, municipality, or
10 ward thereof; provided that the primary ballot shall not
11 include those offices within such township, municipality,
12 or ward thereof, for which the nomination is uncontested.
13 For purposes of this Article, the nomination of an
14 established political party of a candidate for election
15 to an office shall be deemed to be uncontested where not
16 more than the number of persons to be nominated have
17 timely filed valid nomination papers seeking the
18 nomination of such party for election to such office.
19 (b) Notwithstanding the provisions of any other
20 statute, no primary election shall be held for an
21 established political party for any special primary
22 election called for the purpose of filling a vacancy in
23 the office of representative in the United States
24 Congress where the nomination of such political party for
25 said office is uncontested. For the purposes of this
26 Article, the nomination of an established political party
27 of a candidate for election to said office shall be
28 deemed to be uncontested where not more than the number
29 of persons to be nominated have timely filed valid
30 nomination papers seeking the nomination of such
31 established party for election to said office. This
32 subsection (b) shall not apply if such primary election
33 is conducted on a regularly scheduled election day.
34 (c) Notwithstanding the provisions in subparagraph
-7- LRB9103031MWpr
1 (a) and (b) of this paragraph (10), whenever a person who
2 has not timely filed valid nomination papers and who
3 intends to become a write-in candidate for a political
4 party's nomination for any office for which the
5 nomination is uncontested files a written statement or
6 notice of that intent with the State Board of Elections
7 or the local election official with whom nomination
8 papers for such office are filed, a primary ballot shall
9 be prepared and a primary shall be held for that office.
10 Such statement or notice shall be filed on or before the
11 date established in this Article for certifying
12 candidates for the primary ballot. Such statement or
13 notice shall contain (i) the name and address of the
14 person intending to become a write-in candidate, (ii) a
15 statement that the person is a qualified primary elector
16 of the political party from whom the nomination is
17 sought, (iii) a statement that the person intends to
18 become a write-in candidate for the party's nomination,
19 and (iv) the office the person is seeking as a write-in
20 candidate. An election authority shall have no duty to
21 conduct a primary and prepare a primary ballot for any
22 office for which the nomination is uncontested unless a
23 statement or notice meeting the requirements of this
24 Section is filed in a timely manner.
25 (11) If multiple sets of nomination papers are filed for
26 a candidate to the same office, the State Board of Elections,
27 appropriate election authority or local election official
28 where the petitions are filed shall within 2 business days
29 notify the candidate of his or her multiple petition filings
30 and that the candidate has 3 business days after receipt of
31 the notice to notify the State Board of Elections,
32 appropriate election authority or local election official
33 that he or she may cancel prior sets of petitions. If the
34 candidate notifies the State Board of Elections, appropriate
-8- LRB9103031MWpr
1 election authority or local election official, the last set
2 of petitions filed shall be the only petitions to be
3 considered valid by the State Board of Elections, election
4 authority or local election official. If the candidate fails
5 to notify the State Board of Elections, election authority or
6 local election official then only the first set of petitions
7 filed shall be valid and all subsequent petitions shall be
8 void.
9 (12) All nominating petitions shall be available for
10 public inspection and shall be preserved for a period of not
11 less than 6 months.
12 (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089;
13 87-1052.)
14 (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
15 Sec. 10-6. Except as provided in Section 10-3,
16 certificates of nomination and nomination papers for the
17 nomination of candidates for offices to be filled by electors
18 of the entire State, or any district not entirely within a
19 county, or for congressional, state legislative or judicial
20 offices, shall be presented to the principal office of the
21 State Board of Elections not more than 144 99 nor less than
22 137 92 days previous to the day of election for which the
23 candidates are nominated. The State Board of Elections shall
24 endorse the certificates of nomination or nomination papers,
25 as the case may be, and the date and hour of presentment to
26 it. Except as otherwise provided in this Section, all other
27 certificates for the nomination of candidates shall be filed
28 with the county clerk of the respective counties not more
29 than 144 99 but at least 137 92 days previous to the day of
30 such election. Certificates of nomination and nomination
31 papers for the nomination of candidates for the offices of
32 political subdivisions to be filled at regular elections
33 other than the general election shall be filed with the local
-9- LRB9103031MWpr
1 election official of such subdivision:
2 (1) (Blank);
3 (2) not more than 123 78 nor less than 116 71 days prior
4 to the consolidated election; or
5 (3) not more than 123 78 nor less than 116 71 days prior
6 to the general primary in the case of municipal offices to be
7 filled at the general primary election; or
8 (4) not more than 123 78 nor less than 116 71 days
9 before the consolidated primary in the case of municipal
10 offices to be elected on a nonpartisan basis pursuant to law
11 (including without limitation, those municipal offices
12 subject to Articles 4 and 5 of the Municipal Code); or
13 (5) not more than 123 78 nor less than 116 71 days
14 before the municipal primary in even numbered years for such
15 nonpartisan municipal offices where annual elections are
16 provided; or
17 (6) in the case of petitions for the office of
18 multi-township assessor, such petitions shall be filed with
19 the election authority not more than 123 78 nor less than 116
20 71 days before the consolidated election.
21 However, where a political subdivision's boundaries are
22 co-extensive with or are entirely within the jurisdiction of
23 a municipal board of election commissioners, the certificates
24 of nomination and nomination papers for candidates for such
25 political subdivision offices shall be filed in the office of
26 such Board.
27 (Source: P.A. 90-358, eff. 1-1-98.)