State of Illinois
91st General Assembly
Legislation

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91_SB0512

 
                                               LRB9103196MWgc

 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
 
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 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
 
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 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
 
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 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
 
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 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
 
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 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
 
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 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
 
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 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
 
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 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.)

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