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91_HB4126 LRB9112117JMmb 1 AN ACT to amend the Election Code. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Election Code is amended by changing 5 Section 10-3 as follows: 6 (10 ILCS 5/10-3) (from Ch. 46, par. 10-3) 7 Sec. 10-3. Nomination of independent candidates (not 8 candidates of any political party), for any office to be 9 filled by the voters of the State at large may also be made 10 by nomination papers signed in the aggregate for each 11 candidate by the same number of voters as required by law for 12 a nomination petition filed for a candidate of a political 13 party for the same office
1% of the number of voters who14 voted in the next preceding Statewide general election or15 25,000 qualified voters of the State, whichever is less. 16 Nominations of independent candidates for public office 17 within any district or political subdivision less than the 18 State, may be made by nomination papers signed in the 19 aggregate for each candidate by qualified voters of such 20 district, or political subdivision, equaling the same number 21 of voters as required by law for a nomination petition filed 22 for a candidate of a political party for the same office not23 less than 5%, nor more than 8% (or 50 more than the minimum,24 whichever is greater) of the number of persons, who voted at25 the next preceding regular election in such district or26 political subdivision in which such district or political27 subdivision voted as a unit for the election of officers to28 serve its respective territorial area, except that 29 independent candidates for the General Assembly shall require 30 the same number of voters as required by law for a nomination 31 petition filed for a candidate of a political party for the -2- LRB9112117JMmb 1 General Assembly. 2 For the purpose of this Section, the number of voters 3 required by law for a nomination petition filed for a 4 candidate of a political party is the actual number, and not 5 a percentage of voters in a previous primary or election, 6 regardless of whether that actual number is required for the 7 candidate of a political party only as an alternative to the 8 percentage of voters and regardless of whether the actual 9 number is required for the candidate of a political party 10 only immediately following redistricting. not less than 10%,11 nor more than 16% of the number of persons who voted at the12 next preceding general election in such district or political13 subdivision in which such district or political subdivision14 voted as a unit for the election of officers to serve its15 respective territorial area. However, whenever the minimum16 signature requirement for an independent candidate petition17 for a district or political subdivision office shall exceed18 the minimum number of signatures for an independent candidate19 petition for an office to be filled by the voters of the20 State at large at the next preceding State-wide general21 election, such State-wide petition signature requirement22 shall be the minimum for an independent candidate petition23 for such district or political subdivision office. For the24 first election following a redistricting of congressional25 districts, nomination papers for an independent candidate for26 congressman shall be signed by at least 5,000 qualified27 voters of the congressional district. For the first election28 following a redistricting of legislative districts,29 nomination papers for an independent candidate for State30 Senator in the General Assembly shall be signed by at least31 3,000 qualified voters of the legislative district. For the32 first election following a redistricting of representative33 districts, nomination papers for an independent candidate for34 State Representative in the General Assembly shall be signed-3- LRB9112117JMmb 1 by at least 1,500 qualified voters of the representative2 district. For the first election following redistricting of3 county board districts, or of municipal wards or districts,4 or for the first election following the initial establishment5 of such districts or wards in a county or municipality,6 nomination papers for an independent candidate for county7 board member, or for alderman or trustee of such8 municipality, shall be signed by qualified voters of the9 district or ward equal to not less than 5% nor more than 8%10 (or 50 more than the minimum, whichever is greater) of the11 total number of votes cast at the preceding general or12 general municipal election, as the case may be, for the13 county or municipal office voted on throughout such county or14 municipality for which the greatest total number of votes15 were cast for all candidates, divided by the number of16 districts or wards, but in any event not less than 2517 qualified voters of the district or ward.Each voter signing 18 a nomination paper shall add to his signature his place of 19 residence, and each voter may subscribe to one nomination for 20 such office to be filled, and no more: Provided that the name 21 of any candidate whose name may appear in any other place 22 upon the ballot shall not be so added by petition for the 23 same office. 24 The person circulating the petition, or the candidate on 25 whose behalf the petition is circulated, may strike any 26 signature from the petition, provided that; 27 (1) the person striking the signature shall initial 28 the petition at the place where the signature is struck; 29 and 30 (2) the person striking the signature shall sign a 31 certification listing the page number and line number of 32 each signature struck from the petition. Such 33 certification shall be filed as a part of the petition. 34 (3) the persons striking signatures from the -4- LRB9112117JMmb 1 petition shall each sign an additional certificate 2 specifying the number of certification pages listing 3 stricken signatures which are attached to the petition 4 and the page numbers indicated on such certifications. 5 The certificate shall be filed as a part of the petition, 6 shall be numbered, and shall be attached immediately 7 following the last page of voters' signatures and before 8 the certifications of stricken signatures. 9 (4) all of the foregoing requirements shall be 10 necessary to effect a valid striking of any signature. 11 The provisions of this Section authorizing the striking 12 of signatures shall not impose any criminal liability on 13 any person so authorized for signatures which may be 14 fraudulent. 15 In the case of the offices of Governor and Lieutenant 16 Governor a joint petition including one candidate for each of 17 those offices must be filed. 18 Every petition for nomination of an independent candidate 19 for any office for which candidates of established political 20 parties are nominated at the general primary shall be filed 21 within the time designated in Section 7-12 of this Act in 22 regard to nomination at the general primary of any other 23 candidate for such office. 24 A candidate for whom a nomination paper has been filed as 25 a partisan candidate at a primary election, and who is 26 defeated for his or her nomination at the primary election, 27 is ineligible to be placed on the ballot as an independent 28 candidate for election in that general or consolidated 29 election. 30 A candidate seeking election to an office for which 31 candidates of political parties are nominated by caucus who 32 is a participant in the caucus and who is defeated for his or 33 her nomination at such caucus, is ineligible to be listed on 34 the ballot at that general or consolidated election as an -5- LRB9112117JMmb 1 independent candidate. 2 (Source: P.A. 86-867; 86-875; 86-1028; 86-1348.) 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.
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