100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0762

 

Introduced 2/1/2017, by Sen. Omar Aquino

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/21-1  from Ch. 46, par. 21-1
10 ILCS 5/21-4  from Ch. 46, par. 21-4
10 ILCS 5/21-6 new
10 ILCS 5/21-7 new

    Amends the Election Code. Requires candidates for President of the United States to file with the State Board of Elections federal income tax returns for the 5 most recent tax years prior to the election by August 15 of every presidential election year. Requires the candidate to grant consent for the Board to publish the tax returns. Requires the Board to issue a certificate of compliance upon a timely filing to acknowledge receipt of the returns. Requires the Board to publish the returns for certain periods of time, with certain information redacted. Provides that any vote by an elector from the State Electoral College for a candidate that has not received a certificate of compliance is void. Allows a second vote by the Electoral College to be taken in certain circumstances, but provides that only one extra is allowed. Provides that any votes in the Electoral College for a candidate without a certificate of compliance on the second vote are forfeited. Provides that the name of a candidate for President, or his or her electors, shall not be printed on the ballot unless the candidate has received the certificate of compliance. Makes conforming changes. Effective immediately.


LRB100 07822 MLM 17889 b

 

 

A BILL FOR

 

SB0762LRB100 07822 MLM 17889 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 21-1 and 21-4 and by adding Sections 21-6 and 21-7 as
6follows:
 
7    (10 ILCS 5/21-1)  (from Ch. 46, par. 21-1)
8    Sec. 21-1. Choosing and election of electors of President
9and Vice-President of the United States shall be in the
10following manner:
11    (a) In each year in which a President and Vice-President of
12the United States are chosen, each political party or group in
13this State shall choose by its State Convention or State
14central committee electors of President and Vice-President of
15the United States and such State Convention or State central
16committee of such party or group shall also choose electors at
17large, if any are to be appointed for this State and such State
18Convention or State central committee of such party or group
19shall by its chairman and secretary certify the total list of
20such electors together with electors at large so chosen to the
21State Board of Elections.
22    The filing of such certificate with the Board, of such
23choosing of electors shall be deemed and taken to be the

 

 

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1choosing and selection of the electors of this State, if such
2party or group is successful at the polls as herein provided in
3choosing their candidates for President and Vice-President of
4the United States.
5    (b) The names of the candidates of the several political
6parties or groups for electors of President and Vice-President
7shall not be printed on the official ballot to be voted in the
8election to be held on the day in this Act above named. In lieu
9of the names of the candidates for such electors of President
10and Vice-President, immediately under the appellation of party
11name of a party or group in the column of its candidates on the
12official ballot, to be voted at said election first above named
13in subsection (1) of Section 2A-1.2 and Section 2A-2, there
14shall be printed within a bracket the name of the candidate for
15President and the name of the candidate for Vice-President of
16such party or group with a square to the left of such bracket.
17Notwithstanding any other provision of law, the name of a
18candidate for President of the United States or the names of
19his or her electors, shall not be printed on the ballot unless
20the candidate has been issued a certificate from the State
21Board of Elections pursuant to subsection (b) of Section 21-7
22of this Code. Each voter in this State from the several lists
23or sets of electors so chosen and selected by the said
24respective political parties or groups, may choose and elect
25one of such lists or sets of electors by placing a cross in the
26square to the left of the bracket aforesaid of one of such

 

 

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1parties or groups. Placing a cross within the square before the
2bracket enclosing the names of President and Vice-President
3shall not be deemed and taken as a direct vote for such
4candidates for President and Vice-President, or either of them,
5but shall only be deemed and taken to be a vote for the entire
6list or set of electors chosen by that political party or group
7so certified to the State Board of Elections as herein
8provided. Voting by means of placing a cross in the appropriate
9place preceding the appellation or title of the particular
10political party or group, shall not be deemed or taken as a
11direct vote for the candidates for President and
12Vice-President, or either of them, but instead to the
13Presidential vote, as a vote for the entire list or set of
14electors chosen by that political party or group so certified
15to the State Board of Elections as herein provided.
16    (c) Such certification by the respective political parties
17or groups in this State of electors of President and
18Vice-President shall be made to the State Board of Elections
19within 2 days after such State convention or meeting of the
20State central committee in which the electors were chosen.
21    (d) Should more than one certificate of choice and
22selection of electors of the same political party or group be
23filed by contesting conventions or contesting groups, it shall
24be the duty of the State Board of Elections within 10 days
25after the adjournment of the last of such conventions to meet
26and determine which set of nominees for electors of such party

 

 

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1or group was chosen and selected by the authorized convention
2of such party or group. The Board, after notice to the chairman
3and secretaries or managers of the conventions or groups and
4after a hearing shall determine which set of electors was so
5chosen by the authorized convention and shall so announce and
6publish the fact, and such decision shall be final and the set
7of electors so determined upon by the electoral board to be so
8chosen shall be the list or set of electors to be deemed
9elected if that party shall be successful at the polls, as
10herein provided.
11    (e) Should a vacancy occur in the choice of an elector in a
12congressional district, such vacancy may be filled by the
13executive committee of the party or group for such
14congressional district, to be certified by such committee to
15the State Board of Elections. Should a vacancy occur in the
16office of elector at large, such vacancy shall be filled by the
17State committee of such political party or group, and certified
18by it to the State Board of Elections.
19(Source: P.A. 99-522, eff. 6-30-16.)
 
20    (10 ILCS 5/21-4)  (from Ch. 46, par. 21-4)
21    Sec. 21-4. Presidential electors; meeting; allowance. The
22electors, elected under this Article, shall meet at the office
23of the Secretary of State in a room to be designated by the
24Secretary in the Capitol at Springfield in this State, at the
25time appointed by the laws of the United States at the hour of

 

 

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1ten o'clock in the forenoon of that day, and give their votes
2for President and for Vice-President of the United States, in
3the manner provided in this Article, including Section 21-6,
4and perform such duties as are or may be required by law. Each
5elector shall receive an allowance for food and lodging equal
6to the amount per day permitted to be deducted for such
7expenses under the Internal Revenue Code, plus a mileage
8allowance at the rate in effect under regulations promulgated
9pursuant to 5 U.S.C. 5707(b)(2) for the number of highway miles
10necessarily and conveniently traveled, for going to the seat of
11government to give his or her vote and returning to his or her
12residence and otherwise performing the official duties of an
13elector, to be paid on the warrant of the State Comptroller,
14out of any money in the treasury not otherwise appropriated,
15and any person appointed by the electors assembled to fill a
16vacancy shall also receive the allowances provided for electors
17appointed.
18(Source: P.A. 92-359, eff. 1-1-02.)
 
19    (10 ILCS 5/21-6 new)
20    Sec. 21-6. Presidential electors; votes; validity;
21procedure.
22    (a) At the meeting described in Section 21-4 of this Code
23where electors for President and Vice-President of the United
24States meet to give their votes, any vote given by an elector
25for a candidate for President of the United States that has not

 

 

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1been issued a certificate from the Board of Elections required
2by subsection (b) of Section 21-7 of this Code shall be void,
3and that vote shall not be counted when canvassing the votes
4given by the electors.
5    (b) If the total votes cast by the electors for President
6of the United States minus any votes that are void pursuant to
7the provisions of subsection (a) of this Section, is equal to
8the total number of electors allotted to this State, then the
9electors shall certify the result.
10    (c) If the total votes cast by the electors for President
11of the United States minus any votes that are void pursuant to
12the provisions of subsection (a) of this Section, amounts to
13less than the total number of electors allotted to this State,
14then the first vote for President of the United States shall be
15declared void and a second vote for President of the United
16States shall commence immediately. If the total votes cast by
17the electors during a second vote for President of the United
18States minus any votes that are void pursuant to the provisions
19of subsection (a) of this Section, amounts to less than the
20total number of electors allotted to this State, then the
21electors shall certify the result. Any electoral votes for
22President of the United States that are void pursuant to the
23provisions of subsection (a) of this Section after a second
24vote for President of the United States shall be forfeited.
 
25    (10 ILCS 5/21-7 new)

 

 

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1    Sec. 21-7. Disclosure of tax returns by candidates for
2President of the United States.
3    (a) By August 15 of each year in which a President and
4Vice-President of the United States are chosen, a candidate for
5the office of President of the United States shall:
6        (1) file with the State Board of Elections copies of
7    that candidate's federal income tax returns for the 5 most
8    recent tax years in which such a return was filed with the
9    Internal Revenue Service; and
10        (2) provide written consent to the State Board of
11    Elections for the public disclosure of those returns; the
12    State Board of Elections shall provide a form for the
13    purposes of this paragraph (2).
14    (b) Upon the timely receipt of the documents required to be
15filed by subsection (a) of this Section, the State Board of
16Elections shall issue a certificate to the candidate for
17President of the United States acknowledging receipt of those
18documents. A copy of the certificate shall be kept by the State
19Board of Elections and shall be a public record.
20    (c) From September 1 until December 31 of each year in
21which a President and Vice-President of the United States are
22chosen, the State Board of Elections shall make publicly
23available on its website the federal income tax returns for
24each candidate for President of the United States that has been
25issued a certificate pursuant to subsection (b) of this
26Section. The federal income tax returns made publicly available

 

 

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1on the State Board of Elections' website shall have all social
2security numbers, taxpayer identification numbers, addresses,
3and other identifying information redacted, except for the name
4of the candidate for President of the United States.
5    (d) For purposes of this Section, the term "federal income
6tax return" shall have the same meaning as "return" as that
7term is defined in 26 U.S.C. 6103(b)(1).
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.