101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0141

 

Introduced 1/29/2019, by Sen. Andy Manar

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/10-2  from Ch. 46, par. 10-2
10 ILCS 5/10-3  from Ch. 46, par. 10-3

    Amends the Election Code. Provides that petitions to constitute a new political party in the State and nomination petitions for independent candidates must be signed by a number of qualified voters at least equal to the minimum petition signature requirement for a Statewide office candidate of an established political party (instead of 1% of the number of voters who voted at the next preceding Statewide general election or 25,000 qualified voters, whichever is less). Provides that petitions for form a new political party within any district or political subdivision less than the entire State shall be signed by qualified voters of the district or political subdivision equaling in number not less than the minimum petition signature requirement for the office on the slate with the highest minimum petition signature requirement (instead of 5% of the number of voters who voted at the next preceding regular election in that district or subdivision). Provides that the signature requirement for nomination petitions for independent candidates for public offices other than Statewide offices is the same as the signature requirement for established political parties. Provides that, if the signature requirement for established political party candidates also includes a limit on the number of signatures that may be filed, then that limitation shall also apply to new political party candidates for that office. Effective immediately.


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A BILL FOR

 

SB0141LRB101 05903 SMS 50924 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 10-2 and 10-3 as follows:
 
6    (10 ILCS 5/10-2)  (from Ch. 46, par. 10-2)
7    Sec. 10-2. The term "political party", as hereinafter used
8in this Article 10, shall mean any "established political
9party", as hereinafter defined and shall also mean any
10political group which shall hereafter undertake to form an
11established political party in the manner provided for in this
12Article 10: Provided, that no political organization or group
13shall be qualified as a political party hereunder, or given a
14place on a ballot, which organization or group is associated,
15directly or indirectly, with Communist, Fascist, Nazi or other
16un-American principles and engages in activities or propaganda
17designed to teach subservience to the political principles and
18ideals of foreign nations or the overthrow by violence of the
19established constitutional form of government of the United
20States and the State of Illinois.
21    A political party which, at the last general election for
22State and county officers, polled for its candidate for
23Governor more than 5% of the entire vote cast for Governor, is

 

 

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1hereby declared to be an "established political party" as to
2the State and as to any district or political subdivision
3thereof.
4    A political party which, at the last election in any
5congressional district, legislative district, county,
6township, municipality or other political subdivision or
7district in the State, polled more than 5% of the entire vote
8cast within such territorial area or political subdivision, as
9the case may be, has voted as a unit for the election of
10officers to serve the respective territorial area of such
11district or political subdivision, is hereby declared to be an
12"established political party" within the meaning of this
13Article as to such district or political subdivision.
14    Any group of persons hereafter desiring to form a new
15political party throughout the State, or in any congressional,
16legislative or judicial district, or in any other district or
17in any political subdivision (other than a municipality) not
18entirely within a single county, shall file with the State
19Board of Elections a petition, as hereinafter provided; and any
20such group of persons hereafter desiring to form a new
21political party within any county shall file such petition with
22the county clerk; and any such group of persons hereafter
23desiring to form a new political party within any municipality
24or township or within any district of a unit of local
25government other than a county shall file such petition with
26the local election official or Board of Election Commissioners

 

 

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1of such municipality, township or other unit of local
2government, as the case may be. Any such petition for the
3formation of a new political party throughout the State, or in
4any such district or political subdivision, as the case may be,
5shall declare as concisely as may be the intention of the
6signers thereof to form such new political party in the State,
7or in such district or political subdivision; shall state in
8not more than 5 words the name of such new political party;
9shall at the time of filing contain a complete list of
10candidates of such party for all offices to be filled in the
11State, or such district or political subdivision as the case
12may be, at the next ensuing election then to be held; and, if
13such new political party shall be formed for the entire State,
14shall be signed by qualified voters at least equal in number to
15the minimum petition signature requirement of Section 7-10 for
16a Statewide office candidate of an established political party
171% of the number of voters who voted at the next preceding
18Statewide general election or 25,000 qualified voters,
19whichever is less. If such new political party shall be formed
20for any district or political subdivision less than the entire
21State, such petition shall be signed by qualified voters of the
22district or political subdivision equaling in number not less
23than the minimum petition signature requirement for the office
24on the slate with the highest minimum petition signature
25requirement. If the signature requirement for established
26political party candidates also includes a limit on the number

 

 

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1of signatures that may be filed, then that limitation shall
2also apply to new political party candidates for that office.
35% of the number of voters who voted at the next preceding
4regular election in such district or political subdivision in
5which such district or political subdivision voted as a unit
6for the election of officers to serve its respective
7territorial area. However, whenever the minimum signature
8requirement for a district or political subdivision new
9political party petition shall exceed the minimum number of
10signatures for State-wide new political party petitions at the
11next preceding State-wide general election, such State-wide
12petition signature requirement shall be the minimum for such
13district or political subdivision new political party
14petition.
15    For the first election following a redistricting of
16congressional districts, a petition to form a new political
17party in a congressional district shall be signed by at least
185,000 qualified voters of the congressional district. For the
19first election following a redistricting of legislative
20districts, a petition to form a new political party in a
21legislative district shall be signed by at least 3,000
22qualified voters of the legislative district. For the first
23election following a redistricting of representative
24districts, a petition to form a new political party in a
25representative district shall be signed by at least 1,500
26qualified voters of the representative district.

 

 

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1    For the first election following redistricting of county
2board districts, or of municipal wards or districts, or for the
3first election following the initial establishment of such
4districts or wards in a county or municipality, a petition to
5form a new political party in a county board district or in a
6municipal ward or district shall be signed by qualified voters
7of the district or ward equal to not less than 5% of the total
8number of votes cast at the preceding general or municipal
9election, as the case may be, for the county or municipal
10office voted on throughout the county or municipality for which
11the greatest total number of votes were cast for all
12candidates, divided by the number of districts or wards, but in
13any event not less than 25 qualified voters of the district or
14ward.
15    In the case of a petition to form a new political party
16within a political subdivision in which officers are to be
17elected from districts and at-large, such petition shall
18consist of separate components for each district from which an
19officer is to be elected. Each component shall be circulated
20only within a district of the political subdivision and signed
21only by qualified electors who are residents of such district.
22Each sheet of such petition must contain a complete list of the
23names of the candidates of the party for all offices to be
24filled in the political subdivision at large, but the sheets
25comprising each component shall also contain the names of those
26candidates to be elected from the particular district. Each

 

 

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1component of the petition for each district from which an
2officer is to be elected must be signed by qualified voters of
3the district equalling in number not less than 5% of the number
4of voters who voted at the next preceding regular election in
5such district at which an officer was elected to serve the
6district. The entire petition, including all components, must
7be signed by a total of qualified voters of the entire
8political subdivision equalling in number not less than 5% of
9the number of voters who voted at the next preceding regular
10election in such political subdivision at which an officer was
11elected to serve the political subdivision at large.
12    The filing of such petition shall constitute the political
13group a new political party, for the purpose only of placing
14upon the ballot at such next ensuing election such list or an
15adjusted list in accordance with Section 10-11, of party
16candidates for offices to be voted for throughout the State, or
17for offices to be voted for in such district or political
18subdivision less than the State, as the case may be, under the
19name of and as the candidates of such new political party.
20    If, at such ensuing election, the new political party's
21candidate for Governor shall receive more than 5% of the entire
22votes cast for Governor, then such new political party shall
23become an "established political party" as to the State and as
24to every district or political subdivision thereof. If, at such
25ensuing election, the other candidates of the new political
26party, or any other candidate or candidates of the new

 

 

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1political party shall receive more than 5% of all the votes
2cast for the office or offices for which they were candidates
3at such election, in the State, or in any district or political
4subdivision, as the case may be, then and in that event, such
5new political party shall become an "established political
6party" within the State or within such district or political
7subdivision less than the State, as the case may be, in which
8such candidate or candidates received more than 5% of the votes
9cast for the office or offices for which they were candidates.
10It shall thereafter nominate its candidates for public offices
11to be filled in the State, or such district or political
12subdivision, as the case may be, under the provisions of the
13laws regulating the nomination of candidates of established
14political parties at primary elections and political party
15conventions, as now or hereafter in force.
16    A political party which continues to receive for its
17candidate for Governor more than 5% of the entire vote cast for
18Governor, shall remain an "established political party" as to
19the State and as to every district or political subdivision
20thereof. But if the political party's candidate for Governor
21fails to receive more than 5% of the entire vote cast for
22Governor, or if the political party does not nominate a
23candidate for Governor, the political party shall remain an
24"established political party" within the State or within such
25district or political subdivision less than the State, as the
26case may be, only so long as, and only in those districts or

 

 

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1political subdivisions in which, the candidates of that
2political party, or any candidate or candidates of that
3political party, continue to receive more than 5% of all the
4votes cast for the office or offices for which they were
5candidates at succeeding general or consolidated elections
6within the State or within any district or political
7subdivision, as the case may be.
8    Any such petition shall be filed at the same time and shall
9be subject to the same requirements and to the same provisions
10in respect to objections thereto and to any hearing or hearings
11upon such objections that are hereinafter in this Article 10
12contained in regard to the nomination of any other candidate or
13candidates by petition. If any such new political party shall
14become an "established political party" in the manner herein
15provided, the candidate or candidates of such new political
16party nominated by the petition hereinabove referred to for
17such initial election, shall have power to select any such
18party committeeperson or committeepersons as shall be
19necessary for the creation of a provisional party organization
20and provisional managing committee or committees for such party
21within the State, or in any district or political subdivision
22in which the new political party has become established; and
23the party committeeperson or committeepersons so selected
24shall constitute a provisional party organization for the new
25political party and shall have and exercise the powers
26conferred by law upon any party committeeperson or

 

 

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1committeepersons to manage and control the affairs of such new
2political party until the next ensuing primary election at
3which the new political party shall be entitled to nominate and
4elect any party committeeperson or committeepersons in the
5State, or in such district or political subdivision under any
6parts of this Act relating to the organization of political
7parties.
8    A candidate for whom a nomination paper has been filed as a
9partisan candidate at a primary election, and who is defeated
10for his or her nomination at the primary election, is
11ineligible for nomination as a candidate of a new political
12party for election in that general election.
13(Source: P.A. 100-1027, eff. 1-1-19.)
 
14    (10 ILCS 5/10-3)  (from Ch. 46, par. 10-3)
15    Sec. 10-3. Nomination of independent candidates (not
16candidates of any political party), for any office to be filled
17by the voters of the State at large may also be made by
18nomination papers signed in the aggregate for each candidate by
19qualified voters at least equal in number to the minimum
20petition signature requirement of Section 7-10 for a Statewide
21office candidate of an established political party 1% of the
22number of voters who voted in the next preceding Statewide
23general election or 25,000 qualified voters of the State,
24whichever is less. Nominations of independent candidates for
25public office within any district or political subdivision less

 

 

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1than the State, may be made by nomination papers signed in the
2aggregate for each candidate by qualified voters of such
3district, or political subdivision, equaling not less than the
4minimum signature requirement for an established party
5candidate for that office. If the signature requirement for
6established party candidates also includes a limit on the
7number of signatures that may be filed, then that limitation
8shall also apply to independent candidates for that office. 5%,
9nor more than 8% (or 50 more than the minimum, whichever is
10greater) of the number of persons, who voted at the next
11preceding regular election in such district or political
12subdivision in which such district or political subdivision
13voted as a unit for the election of officers to serve its
14respective territorial area. However, whenever the minimum
15signature requirement for an independent candidate petition
16for a district or political subdivision office shall exceed the
17minimum number of signatures for an independent candidate
18petition for an office to be filled by the voters of the State
19at large at the next preceding State-wide general election,
20such State-wide petition signature requirement shall be the
21minimum for an independent candidate petition for such district
22or political subdivision office. For the first election
23following a redistricting of congressional districts,
24nomination papers for an independent candidate for congressman
25shall be signed by at least 5,000 qualified voters of the
26congressional district. For the first election following a

 

 

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1redistricting of legislative districts, nomination papers for
2an independent candidate for State Senator in the General
3Assembly shall be signed by at least 3,000 qualified voters of
4the legislative district. For the first election following a
5redistricting of representative districts, nomination papers
6for an independent candidate for State Representative in the
7General Assembly shall be signed by at least 1,500 qualified
8voters of the representative district. For the first election
9following redistricting of county board districts, or of
10municipal wards or districts, or for the first election
11following the initial establishment of such districts or wards
12in a county or municipality, nomination papers for an
13independent candidate for county board member, or for alderman
14or trustee of such municipality, shall be signed by qualified
15voters of the district or ward equal to not less than 5% nor
16more than 8% (or 50 more than the minimum, whichever is
17greater) of the total number of votes cast at the preceding
18general or general municipal election, as the case may be, for
19the county or municipal office voted on throughout such county
20or municipality for which the greatest total number of votes
21were cast for all candidates, divided by the number of
22districts or wards, but in any event not less than 25 qualified
23voters of the district or ward. Each voter signing a nomination
24paper shall add to his signature his place of residence, and
25each voter may subscribe to one nomination for such office to
26be filled, and no more: Provided that the name of any candidate

 

 

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1whose name may appear in any other place upon the ballot shall
2not be so added by petition for the same office.
3    The person circulating the petition, or the candidate on
4whose behalf the petition is circulated, may strike any
5signature from the petition, provided that;
6        (1) the person striking the signature shall initial the
7    petition at the place where the signature is struck; and
8        (2) the person striking the signature shall sign a
9    certification listing the page number and line number of
10    each signature struck from the petition. Such
11    certification shall be filed as a part of the petition.
12        (3) the persons striking signatures from the petition
13    shall each sign an additional certificate specifying the
14    number of certification pages listing stricken signatures
15    which are attached to the petition and the page numbers
16    indicated on such certifications. The certificate shall be
17    filed as a part of the petition, shall be numbered, and
18    shall be attached immediately following the last page of
19    voters' signatures and before the certifications of
20    stricken signatures.
21        (4) all of the foregoing requirements shall be
22    necessary to effect a valid striking of any signature. The
23    provisions of this Section authorizing the striking of
24    signatures shall not impose any criminal liability on any
25    person so authorized for signatures which may be
26    fraudulent.

 

 

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1    In the case of the offices of Governor and Lieutenant
2Governor a joint petition including one candidate for each of
3those offices must be filed.
4    A candidate for whom a nomination paper has been filed as a
5partisan candidate at a primary election, and who is defeated
6for his or her nomination at the primary election, is
7ineligible to be placed on the ballot as an independent
8candidate for election in that general or consolidated
9election.
10    A candidate seeking election to an office for which
11candidates of political parties are nominated by caucus who is
12a participant in the caucus and who is defeated for his or her
13nomination at such caucus, is ineligible to be listed on the
14ballot at that general or consolidated election as an
15independent candidate.
16(Source: P.A. 95-699, eff. 11-9-07.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.