100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4808

 

Introduced , by Rep. Mike Fortner

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-59  from Ch. 46, par. 7-59
10 ILCS 5/17-16.1  from Ch. 46, par. 17-16.1
10 ILCS 5/18-9.1  from Ch. 46, par. 18-9.1

    Amends the Election Code. Provides that write-in votes shall be counted only for persons who have filed notarized declarations of intent to be write-in candidates with the proper election authority, authorities, or State Board of Elections no earlier than 120 days prior to the primary or general election, but no later than 70 (rather than 61) days prior to the primary or general election. Provides that declarations of intent to be a write-in candidate shall include specified information. Provides that declarations of intent to be a write-in candidate that do not include the specified information shall not be accepted. Provides that persons intending to become write-in candidates for the Offices of President and Vice President or Governor and Lieutenant Governor shall file one joint declaration of intent to be a write-in candidate with the State Board of Elections. Makes conforming changes. Effective immediately.


LRB100 17080 RJF 32231 b

 

 

A BILL FOR

 

HB4808LRB100 17080 RJF 32231 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 7-59, 17-16.1, and 18-9.1 as follows:
 
6    (10 ILCS 5/7-59)  (from Ch. 46, par. 7-59)
7    Sec. 7-59. (a) The person receiving the highest number of
8votes at a primary as a candidate of a party for the nomination
9for an office shall be the candidate of that party for such
10office, and his name as such candidate shall be placed on the
11official ballot at the election then next ensuing; provided,
12that where there are two or more persons to be nominated for
13the same office or board, the requisite number of persons
14receiving the highest number of votes shall be nominated and
15their names shall be placed on the official ballot at the
16following election.
17    Except as otherwise provided by Section 7-8 of this Act,
18the person receiving the highest number of votes of his party
19for State central committeeman of his congressional district
20shall be declared elected State central committeeman from said
21congressional district.
22    Unless a national political party specifies that delegates
23and alternate delegates to a National nominating convention be

 

 

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1allocated by proportional selection representation according
2to the results of a Presidential preference primary, the
3requisite number of persons receiving the highest number of
4votes of their party for delegates and alternate delegates to
5National nominating conventions from the State at large, and
6the requisite number of persons receiving the highest number of
7votes of their party for delegates and alternate delegates to
8National nominating conventions in their respective
9congressional districts shall be declared elected delegates
10and alternate delegates to the National nominating conventions
11of their party.
12    A political party which elects the members to its State
13Central Committee by Alternative B under paragraph (a) of
14Section 7-8 shall select its congressional district delegates
15and alternate delegates to its national nominating convention
16by proportional selection representation according to the
17results of a Presidential preference primary in each
18congressional district in the manner provided by the rules of
19the national political party and the State Central Committee,
20when the rules and policies of the national political party so
21require.
22    A political party which elects the members to its State
23Central Committee by Alternative B under paragraph (a) of
24Section 7-8 shall select its at large delegates and alternate
25delegates to its national nominating convention by
26proportional selection representation according to the results

 

 

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1of a Presidential preference primary in the whole State in the
2manner provided by the rules of the national political party
3and the State Central Committee, when the rules and policies of
4the national political party so require.
5    The person receiving the highest number of votes of his
6party for precinct committeeman of his precinct shall be
7declared elected precinct committeeman from said precinct.
8    The person receiving the highest number of votes of his
9party for township committeeman of his township or part of a
10township as the case may be, shall be declared elected township
11committeeman from said township or part of a township as the
12case may be. In cities where ward committeemen are elected, the
13person receiving the highest number of votes of his party for
14ward committeeman of his ward shall be declared elected ward
15committeeman from said ward.
16    When two or more persons receive an equal and the highest
17number of votes for the nomination for the same office or for
18committeeman of the same political party, or where more than
19one person of the same political party is to be nominated as a
20candidate for office or committeeman, if it appears that more
21than the number of persons to be nominated for an office or
22elected committeeman have the highest and an equal number of
23votes for the nomination for the same office or for election as
24committeeman, the election authority by which the returns of
25the primary are canvassed shall decide by lot which of said
26persons shall be nominated or elected, as the case may be. In

 

 

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1such case the election authority shall issue notice in writing
2to such persons of such tie vote stating therein the place, the
3day (which shall not be more than 5 days thereafter) and the
4hour when such nomination or election shall be so determined.
5    (b) Write-in votes shall be counted only for persons who
6have filed notarized declarations of intent to be write-in
7candidates with the proper election authority, or authorities,
8or State Board of Elections no earlier than 120 days prior to
9the primary, but no not later than 70 61 days prior to the
10primary. However, whenever an objection to a candidate's
11nominating papers or petitions for any office is sustained
12under Section 10-10 after the 70th 61st day before the
13election, then write-in votes shall be counted for that
14candidate if he or she has filed a notarized declaration of
15intent to be a write-in candidate for that office with the
16proper election authority, or authorities, or State Board of
17Elections not later than 7 days prior to the election.
18    Forms for the declaration of intent to be a write-in
19candidate shall be supplied by the election authorities or the
20State Board of Elections. Declarations of intent to be a
21write-in candidate shall include: (A) the name and address of
22the person intending to become a write-in candidate; (B) the
23office sought; (C) the date of election; and (D) the notarized
24signature of the candidate or candidates. Declarations of
25intent to be a write-in candidate that do not include items (A)
26through (D) shall not be accepted. Such declaration shall

 

 

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1specify the office for which the person seeks nomination or
2election as a write-in candidate.
3    Persons intending to become write-in candidates for the
4Offices of Governor and Lieutenant Governor shall file one
5joint declaration of intent to be a write-in candidate with the
6State Board of Elections.
7    The election authority or authorities shall deliver a list
8of all persons who have filed such declarations to the election
9judges in the appropriate precincts prior to the primary.
10    (c) (1) Notwithstanding any other provisions of this
11Section, where the number of candidates whose names have been
12printed on a party's ballot for nomination for or election to
13an office at a primary is less than the number of persons the
14party is entitled to nominate for or elect to the office at the
15primary, a person whose name was not printed on the party's
16primary ballot as a candidate for nomination for or election to
17the office, is not nominated for or elected to that office as a
18result of a write-in vote at the primary unless the number of
19votes he received equals or exceeds the number of signatures
20required on a petition for nomination for that office; or
21unless the number of votes he receives exceeds the number of
22votes received by at least one of the candidates whose names
23were printed on the primary ballot for nomination for or
24election to the same office.
25    (2) Paragraph (1) of this subsection does not apply where
26the number of candidates whose names have been printed on the

 

 

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1party's ballot for nomination for or election to the office at
2the primary equals or exceeds the number of persons the party
3is entitled to nominate for or elect to the office at the
4primary.
5(Source: P.A. 94-647, eff. 1-1-06; 95-699, eff. 11-9-07.)
 
6    (10 ILCS 5/17-16.1)  (from Ch. 46, par. 17-16.1)
7    Sec. 17-16.1. Write-in votes shall be counted only for
8persons who have filed notarized declarations of intent to be
9write-in candidates with the proper election authority, or
10authorities, or State Board of Elections no earlier than 120
11days prior to the election, but no not later than 70 61 days
12prior to the election. However, whenever an objection to a
13candidate's nominating papers or petitions for any office is
14sustained under Section 10-10 after the 70th 61st day before
15the election, then write-in votes shall be counted for that
16candidate if he or she has filed a notarized declaration of
17intent to be a write-in candidate for that office with the
18proper election authority, or authorities, or State Board of
19Elections not later than 7 days prior to the election.
20    Forms for the declaration of intent to be a write-in
21candidate shall be supplied by the election authorities or the
22State Board of Elections. Declarations of intent to be a
23write-in candidate shall include: (A) the name and address of
24the person intending to become a write-in candidate; (B) the
25office sought; (C) the date of election; and (D) the notarized

 

 

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1signature of the candidate or candidates. Declarations of
2intent to be a write-in candidate that do not include items (A)
3through (D) shall not be accepted. Such declaration shall
4specify the office for which the person seeks election as a
5write-in candidate.
6    Persons intending to become write-in candidates for the
7Offices of President and Vice President or Governor and
8Lieutenant Governor shall file one joint declaration of intent
9to be a write-in candidate with the State Board of Elections.
10Votes cast for either candidate shall constitute a valid
11write-in vote for the slate of candidates.
12    The election authority or authorities shall deliver a list
13of all persons who have filed such declarations to the election
14judges in the appropriate precincts prior to the election.
15    A candidate for whom a nomination paper has been filed as a
16partisan candidate at a primary election, and who is defeated
17for his or her nomination at the primary election is ineligible
18to file a declaration of intent to be a write-in candidate for
19election in that general or consolidated election.
20    A candidate seeking election to an office for which
21candidates of political parties are nominated by caucus who is
22a participant in the caucus and who is defeated for his or her
23nomination at such caucus is ineligible to file a declaration
24of intent to be a write-in candidate for election in that
25general or consolidated election.
26    A candidate seeking election to an office for which

 

 

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1candidates are nominated at a primary election on a nonpartisan
2basis and who is defeated for his or her nomination at the
3primary election is ineligible to file a declaration of intent
4to be a write-in candidate for election in that general or
5consolidated election.
6    Nothing in this Section shall be construed to apply to
7votes cast under the provisions of subsection (b) of Section
816-5.01.
9(Source: P.A. 95-699, eff. 11-9-07.)
 
10    (10 ILCS 5/18-9.1)  (from Ch. 46, par. 18-9.1)
11    Sec. 18-9.1. Write-in votes shall be counted only for
12persons who have filed notarized declarations of intent to be
13write-in candidates with the proper election authority, or
14authorities, or State Board of Elections no earlier than 120
15days prior to the election, but no not later than 70 61 days
16prior to the election. However, whenever an objection to a
17candidate's nominating papers or petitions is sustained under
18Section 10-10 after the 70th 61st day before the election, then
19write-in votes shall be counted for that candidate if he or she
20has filed a notarized declaration of intent to be a write-in
21candidate for that office with the proper election authority,
22or authorities, or State Board of Elections not later than 7
23days prior to the election.
24    Forms for the declaration of intent to be a write-in
25candidate shall be supplied by the election authorities or the

 

 

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1State Board of Elections. Declarations of intent to be a
2write-in candidate shall include: (A) the name and address of
3the person intending to become a write-in candidate; (B) the
4office sought; (C) the date of election; and (D) the notarized
5signature of the candidate or candidates. Declarations of
6intent to be a write-in candidate that do not include items (A)
7through (D) shall not be accepted. Such declaration shall
8specify the office for which the person seeks election as a
9write-in candidate.
10    Persons intending to become write-in candidates for the
11Offices of President and Vice President or Governor and
12Lieutenant Governor shall file one joint declaration of intent
13to be a write-in candidate with the State Board of Elections.
14Votes cast for either candidate shall constitute a valid
15write-in vote for the slate of candidates.
16    The election authority or authorities shall deliver a list
17of all persons who have filed such declarations to the election
18judges in the appropriate precincts prior to the election.
19    A candidate for whom a nomination paper has been filed as a
20partisan candidate at a primary election, and who is defeated
21for his or her nomination at the primary election, is
22ineligible to file a declaration of intent to be a write-in
23candidate for election in that general or consolidated
24election.
25    A candidate seeking election to an office for which
26candidates of political parties are nominated by caucus who is

 

 

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1a participant in the caucus and who is defeated for his or her
2nomination at such caucus is ineligible to file a declaration
3of intent to be a write-in candidate for election in that
4general or consolidated election.
5    A candidate seeking election to an office for which
6candidates are nominated at a primary election on a nonpartisan
7basis and who is defeated for his or her nomination at the
8primary election is ineligible to file a declaration of intent
9to be a write-in candidate for election in that general or
10consolidated election.
11    Nothing in this Section shall be construed to apply to
12votes cast under the provisions of subsection (b) of Section
1316-5.01.
14(Source: P.A. 95-699, eff. 11-9-07.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.