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91_SB0189
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1 AN ACT to amend the Election Code by changing Sections
2 7-12, 8-9, and 10-6.2.
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, 8-9, and 10-6.2 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 99 and not less than
18 92 days prior to the date of the primary, but, in the case of
19 petitions for nomination to fill a vacancy by special
20 election in the office of representative in Congress from
21 this State, such petition for nomination shall be filed in
22 the principal office of the State Board of Elections not more
23 than 57 days and not less than 50 days prior to the date of
24 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 92nd day before a general primary election,
28 petitions for nomination for the office in which the vacancy
29 has occurred shall be filed in the principal office of the
30 State Board of Elections not more than 78 nor less than 71
31 days prior to the date of the general primary election.
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1 Where the nomination is to be made for delegates or
2 alternate delegates to a national nominating convention, then
3 such petition for nomination shall be filed in the principal
4 office of the State Board of Elections not more than 99 and
5 not less than 92 days prior to the date of the primary;
6 provided, however, that if the rules or policies of a
7 national political party conflict with such requirements for
8 filing petitions for nomination for delegates or alternate
9 delegates to a national nominating convention, the chairman
10 of the State central committee of such national political
11 party shall notify the Board in writing, citing by reference
12 the rules or policies of the national political party in
13 conflict, and in such case the Board shall direct such
14 petitions to be filed not more than 69 and not less than 62
15 days prior to the date of the primary.
16 (2) Where the nomination is to be made for a county
17 office or trustee of a sanitary district then such petition
18 shall be filed in the office of the county clerk not more
19 than 99 nor less than 92 days prior to the date of the
20 primary.
21 (3) Where the nomination is to be made for a municipal
22 or township office, such petitions for nomination shall be
23 filed in the office of the local election official, not more
24 than 78 nor less than 71 days prior to the date of the
25 primary; provided, where a municipality's or township's
26 boundaries are coextensive with or are entirely within the
27 jurisdiction of a municipal board of election commissioners,
28 the petitions shall be filed in the office of such board; and
29 provided, that petitions for the office of multi-township
30 assessor shall be filed with the election authority.
31 (4) The petitions of candidates for State central
32 committeeman shall be filed in the principal office of the
33 State Board of Elections not more than 99 nor less than 92
34 days prior to the date of the primary.
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1 (5) Petitions of candidates for precinct, township or
2 ward committeemen shall be filed in the office of the county
3 clerk not more than 99 nor less than 92 days prior to the
4 date of the primary.
5 (6) The State Board of Elections and the various
6 election authorities and local election officials with whom
7 such petitions for nominations are filed shall specify the
8 place where filings shall be made and upon receipt shall
9 endorse thereon the day and hour on which each petition was
10 filed. All petitions filed by persons waiting in line as of
11 8:00 a.m. on the first day for filing, or as of the normal
12 opening hour of the office involved on such day, shall be
13 deemed filed as of 8:00 a.m. or the normal opening hour, as
14 the case may be. Petitions filed by mail and received after
15 midnight of the first day for filing and in the first mail
16 delivery or pickup of that day shall be deemed as filed as of
17 8:00 a.m. of that day or as of the normal opening hour of
18 such day, as the case may be. All petitions received
19 thereafter shall be deemed as filed in the order of actual
20 receipt. Where 2 or more petitions are received
21 simultaneously, the State Board of Elections or the various
22 election authorities or local election officials with whom
23 such petitions are filed shall break ties and determine the
24 order of filing, by means of a lottery or other fair and
25 impartial method of random selection approved by the State
26 Board of Elections. Such lottery shall be conducted within 9
27 days following the last day for petition filing and shall be
28 open to the public. Seven days written notice of the time and
29 place of conducting such random selection shall be given by
30 the State Board of Elections to the chairman of the State
31 central committee of each established political party, and by
32 each election authority or local election official, to the
33 County Chairman of each established political party, and to
34 each organization of citizens within the election
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1 jurisdiction which was entitled, under this Article, at the
2 next preceding election, to have pollwatchers present on the
3 day of election. The State Board of Elections, election
4 authority or local election official shall post in a
5 conspicuous, open and public place, at the entrance of the
6 office, notice of the time and place of such lottery. The
7 State Board of Elections shall adopt rules and regulations
8 governing the procedures for the conduct of such lottery. All
9 candidates shall be certified in the order in which their
10 petitions have been filed. Where candidates have filed
11 simultaneously, they shall be certified in the order
12 determined by lot and prior to candidates who filed for the
13 same office at a later time.
14 (7) The State Board of Elections or the appropriate
15 election authority or local election official with whom such
16 a petition for nomination is filed shall notify the person
17 for whom a petition for nomination has been filed of the
18 obligation to file statements of organization, reports of
19 campaign contributions, and annual reports of campaign
20 contributions and expenditures under Article 9 of this Act.
21 Such notice shall be given in the manner prescribed by
22 paragraph (7) of Section 9-16 of this Code.
23 (8) Nomination papers filed under this Section are not
24 valid if the candidate named therein fails to file a
25 statement of economic interests as required by the Illinois
26 Governmental Ethics Act in relation to his candidacy with the
27 appropriate officer by the end of the period for the filing
28 of nomination papers unless he has filed a statement of
29 economic interests in relation to the same governmental unit
30 with that officer within a year preceding the date on which
31 such nomination papers were filed. If the nomination papers
32 of any candidate and the statement of economic interest of
33 that candidate are not required to be filed with the same
34 officer, the candidate must file with the officer with whom
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1 the nomination papers are filed a receipt from the officer
2 with whom the statement of economic interests is filed
3 showing the date on which such statement was filed. Such
4 receipt shall be so filed not later than the last day on
5 which nomination papers may be filed.
6 (9) Any person for whom a petition for nomination, or
7 for committeeman or for delegate or alternate delegate to a
8 national nominating convention has been filed may cause his
9 name to be withdrawn by request in writing, signed by him and
10 duly acknowledged before an officer qualified to take
11 acknowledgments of deeds, and filed in the principal or
12 permanent branch office of the State Board of Elections or
13 with the appropriate election authority or local election
14 official, not later than the date of certification of
15 candidates for the consolidated primary or general primary
16 ballot. No names so withdrawn shall be certified or printed
17 on the primary ballot. If petitions for nomination have been
18 filed for the same person with respect to more than one
19 political party, his name shall not be certified nor printed
20 on the primary ballot of any party. If petitions for
21 nomination have been filed for the same person for 2 or more
22 offices which are incompatible so that the same person could
23 not serve in more than one of such offices if elected, that
24 person must withdraw as a candidate for all but one of such
25 offices within the 5 business days following the last day for
26 petition filing. If he fails to withdraw as a candidate for
27 all but one of such offices within such time his name shall
28 not be certified, nor printed on the primary ballot, for any
29 office. For the purpose of the foregoing provisions, an
30 office in a political party is not incompatible with any
31 other office.
32 (10) (a) Notwithstanding the provisions of any other
33 statute, no primary shall be held for an established
34 political party in any township, municipality, or ward
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1 thereof, where the nomination of such party for every
2 office to be voted upon by the electors of such township,
3 municipality, or ward thereof, is uncontested. Whenever
4 a political party's nomination of candidates is
5 uncontested as to one or more, but not all, of the
6 offices to be voted upon by the electors of a township,
7 municipality, or ward thereof, then a primary shall be
8 held for that party in such township, municipality, or
9 ward thereof; provided that the primary ballot shall not
10 include those offices within such township, municipality,
11 or ward thereof, for which the nomination is uncontested.
12 For purposes of this Article, the nomination of an
13 established political party of a candidate for election
14 to an office shall be deemed to be uncontested where not
15 more than the number of persons to be nominated have
16 timely filed valid nomination papers seeking the
17 nomination of such party for election to such office.
18 (b) Notwithstanding the provisions of any other
19 statute, no primary election shall be held for an
20 established political party for any special primary
21 election called for the purpose of filling a vacancy in
22 the office of representative in the United States
23 Congress where the nomination of such political party for
24 said office is uncontested. For the purposes of this
25 Article, the nomination of an established political party
26 of a candidate for election to said office shall be
27 deemed to be uncontested where not more than the number
28 of persons to be nominated have timely filed valid
29 nomination papers seeking the nomination of such
30 established party for election to said office. This
31 subsection (b) shall not apply if such primary election
32 is conducted on a regularly scheduled election day.
33 (c) Notwithstanding the provisions in subparagraph
34 (a) and (b) of this paragraph (10), whenever a person who
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1 has not timely filed valid nomination papers and who
2 intends to become a write-in candidate for a political
3 party's nomination for any office for which the
4 nomination is uncontested files a written statement or
5 notice of that intent with the State Board of Elections
6 or the local election official with whom nomination
7 papers for such office are filed, a primary ballot shall
8 be prepared and a primary shall be held for that office.
9 Such statement or notice shall be filed on or before the
10 date established in this Article for certifying
11 candidates for the primary ballot. Such statement or
12 notice shall contain (i) the name and address of the
13 person intending to become a write-in candidate, (ii) a
14 statement that the person is a qualified primary elector
15 of the political party from whom the nomination is
16 sought, (iii) a statement that the person intends to
17 become a write-in candidate for the party's nomination,
18 and (iv) the office the person is seeking as a write-in
19 candidate. An election authority shall have no duty to
20 conduct a primary and prepare a primary ballot for any
21 office for which the nomination is uncontested unless a
22 statement or notice meeting the requirements of this
23 Section is filed in a timely manner.
24 (11) If multiple sets of nomination papers are filed for
25 a candidate to the same office, the State Board of Elections,
26 appropriate election authority or local election official
27 where the petitions are filed shall within 2 business days
28 notify the candidate of his or her multiple petition filings
29 and that the candidate has 3 business days after receipt of
30 the notice to notify the State Board of Elections,
31 appropriate election authority or local election official
32 that he or she may cancel prior sets of petitions. If the
33 candidate notifies the State Board of Elections, appropriate
34 election authority or local election official, the last set
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1 of petitions filed shall be the only petitions to be
2 considered valid by the State Board of Elections, election
3 authority or local election official. If the candidate fails
4 to notify the State Board of Elections, election authority or
5 local election official then only the first set of petitions
6 filed shall be valid and all subsequent petitions shall be
7 void.
8 (12) All nominating petitions shall be available for
9 public inspection and shall be preserved for a period of not
10 less than 6 months.
11 (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089;
12 87-1052.)
13 (10 ILCS 5/8-9) (from Ch. 46, par. 8-9)
14 Sec. 8-9. All petitions for nomination shall be filed by
15 mail or in person as follows:
16 (1) Where the nomination is made for a legislative
17 office, such petition for nomination shall be filed in the
18 principal office of the State Board of Elections not more
19 than 99 and not less than 92 days prior to the date of the
20 primary.
21 (2) The State Board of Elections shall, upon receipt of
22 each petition, endorse thereon the day and hour on which it
23 was filed. Petitions filed by mail and received after
24 midnight on the first day for filing and in the first mail
25 delivery or pickup of that day, shall be deemed as filed as
26 of 8:00 a.m. of that day or as of the normal opening hour of
27 such day as the case may be, and all petitions received
28 thereafter shall be deemed as filed in the order of actual
29 receipt. Where 2 or more petitions are received
30 simultaneously, the State Board of Elections shall break ties
31 and determine the order of filing, by means of a lottery as
32 provided in Section 7-12 of this Code.
33 (3) Any person for whom a petition for nomination has
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1 been filed, may cause his name to be withdrawn by a request
2 in writing, signed by him, duly acknowledged before an
3 officer qualified to take acknowledgments of deeds, and filed
4 in the principal or permanent branch office of the State
5 Board of Elections not later than the date of certification
6 of candidates for the general primary ballot, and no names so
7 withdrawn shall be certified by the State Board of Elections
8 to the county clerk, or printed on the primary ballot. If
9 petitions for nomination have been filed for the same person
10 with respect to more than one political party, his name shall
11 not be certified nor printed on the primary ballot of any
12 party. If petitions for nomination have been filed for the
13 same person for 2 or more offices which are incompatible so
14 that the same person could not serve in more than one of such
15 offices if elected, that person must withdraw as a candidate
16 for all but one of such offices within the 5 business days
17 following the last day for petition filing. If he fails to
18 withdraw as a candidate for all but one of such offices
19 within such time, his name shall not be certified, nor
20 printed on the primary ballot, for any office. For the
21 purpose of the foregoing provisions, an office in a political
22 party is not incompatible with any other office.
23 (4) If multiple sets of nomination papers are filed for
24 a candidate to the same office, the State Board of Elections
25 shall within 2 business days notify the candidate of his or
26 her multiple petition filings and that the candidate has 3
27 business days after receipt of the notice to notify the State
28 Board of Elections that he or she may cancel prior sets of
29 petitions. If the candidate notifies the State Board of
30 Elections the last set of petitions filed shall be the only
31 petitions to be considered valid by the State Board of
32 Elections. If the candidate fails to notify the State Board
33 then only the first set of petitions filed shall be valid and
34 all subsequent petitions shall be void.
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1 (Source: P.A. 86-875; 87-1052.)
2 (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
3 Sec. 10-6.2. The State Board of Elections, the election
4 authority or the local election official with whom petitions
5 for nomination are filed pursuant to this Article 10 shall
6 specify the place where filings shall be made and upon
7 receipt shall endorse thereon the day and the hour at which
8 each petition was filed. Except as provided by Article 9 of
9 The School Code, all petitions filed by persons waiting in
10 line as of 8:00 a.m. on the first day for filing, or as of
11 the normal opening hour of the office involved on such day,
12 shall be deemed filed as of 8:00 a.m. or the normal opening
13 hour, as the case may be. Petitions filed by mail and
14 received after midnight of the first day for filing and in
15 the first mail delivery or pickup of that day shall be deemed
16 filed as of 8:00 a.m. of that day or as of the normal opening
17 hour of such day, as the case may be. All petitions received
18 thereafter shall be deemed filed in the order of actual
19 receipt. Where 2 or more petitions are received
20 simultaneously, the State Board of Elections, the election
21 authority or the local election official with whom such
22 petitions are filed shall break ties and determine the order
23 of filing by means of a lottery or other fair and impartial
24 method of random selection approved by the State Board of
25 Elections. Such lottery shall be conducted within 9 days
26 following the last day for petition filing and shall be open
27 to the public. Seven days written notice of the time and
28 place of conducting such random selection shall be given, by
29 the State Board of Elections, the election authority, or
30 local election official, to the Chairman of each political
31 party, and to each organization of citizens within the
32 election jurisdiction which was entitled, under this Code, at
33 the next preceding election, to have pollwatchers present on
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1 the day of election. The State Board of Elections, the
2 election authority or local election official shall post in a
3 conspicuous, open and public place, at the entrance of the
4 office, notice of the time and place of such lottery. The
5 State Board of Elections shall adopt rules and regulations
6 governing the procedures for the conduct of such lottery. All
7 candidates shall be certified in the order in which their
8 petitions have been filed and in the manner prescribed by
9 Section 10-14 and 10-15 of this Article. Where candidates
10 have filed simultaneously, they shall be certified in the
11 order determined by lot and prior to candidates who filed for
12 the same office or offices at a later time. Certificates of
13 nomination filed within the period prescribed in Section
14 10-6(2) for candidates nominated by caucus for township or
15 municipal offices shall be subject to the ballot placement
16 lottery for established political parties prescribed in
17 Section 7-60 of this Code.
18 If multiple sets of nomination papers are filed for a
19 candidate to the same office, the State Board of Elections,
20 appropriate election authority or local election official
21 where the petitions are filed shall within 2 business days
22 notify the candidate of his or her multiple petition filings
23 and that the candidate has 3 business days after receipt of
24 the notice to notify the State Board of Elections,
25 appropriate election authority or local election official
26 that he or she may cancel prior sets of petitions. If the
27 candidate notifies the State Board of Elections, appropriate
28 election authority or local election official, the last set
29 of petitions filed shall be the only petitions to be
30 considered valid by the State Board of Elections, election
31 authority or local election official. If the candidate fails
32 to notify the State Board of Elections, appropriate election
33 authority or local election official then only the first set
34 of petitions filed shall be valid and all subsequent
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1 petitions shall be void.
2 (Source: P.A. 86-867; 86-874; 86-1028; 87-1052; revised
3 10-31-98.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.