101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0145

 

Introduced 1/29/2019, by Sen. Antonio Muņoz

 

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

    Amends the Election Code. Provides that no candidate for President or Vice-President of the United States shall appear on the official ballot for the general election if that candidate has not released his or her tax returns at least 5 days prior to the date set for certification of the ballot for the general election. Defines "released his or her tax returns" to mean that the tax returns filed with the federal Internal Revenue Service for the 5 most recent years in which tax returns have been filed by the candidates for President and Vice-President of the United States have been filed with the Secretary of State. Requires the Secretary of State to post the tax returns on the Secretary of State's website and to certify that the tax returns have been filed to the State Board of Elections. Allows the Secretary of State to adopt rules to implement the provisions.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0145LRB101 07331 SMS 52371 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 Section
521-1 as follows:
 
6    (10 ILCS 5/21-1)  (from Ch. 46, par. 21-1)
7    Sec. 21-1. Choosing and election of electors of President
8and Vice-President of the United States shall be in the
9following manner:
10    (a) In each year in which a President and Vice-President of
11the United States are chosen, each political party or group in
12this State shall choose by its State Convention or State
13central committee electors of President and Vice-President of
14the United States and such State Convention or State central
15committee of such party or group shall also choose electors at
16large, if any are to be appointed for this State and such State
17Convention or State central committee of such party or group
18shall by its chair and secretary certify the total list of such
19electors together with electors at large so chosen to the State
20Board of Elections.
21    The filing of such certificate with the Board, of such
22choosing of electors shall be deemed and taken to be the
23choosing and selection of the electors of this State, if such

 

 

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1party or group is successful at the polls as herein provided in
2choosing their candidates for President and Vice-President of
3the United States.
4    (b) The names of the candidates of the several political
5parties or groups for electors of President and Vice-President
6shall not be printed on the official ballot to be voted in the
7election to be held on the day in this Act above named. In lieu
8of the names of the candidates for such electors of President
9and Vice-President, immediately under the appellation of party
10name of a party or group in the column of its candidates on the
11official ballot, to be voted at said election first above named
12in subsection (1) of Section 2A-1.2 and Section 2A-2, there
13shall be printed within a bracket the name of the candidate for
14President and the name of the candidate for Vice-President of
15such party or group with a square to the left of such bracket.
16Each voter in this State from the several lists or sets of
17electors so chosen and selected by the said respective
18political parties or groups, may choose and elect one of such
19lists or sets of electors by placing a cross in the square to
20the left of the bracket aforesaid of one of such parties or
21groups. Placing a cross within the square before the bracket
22enclosing the names of President and Vice-President shall not
23be deemed and taken as a direct vote for such candidates for
24President and Vice-President, or either of them, but shall only
25be deemed and taken to be a vote for the entire list or set of
26electors chosen by that political party or group so certified

 

 

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1to the State Board of Elections as herein provided. Voting by
2means of placing a cross in the appropriate place preceding the
3appellation or title of the particular political party or
4group, shall not be deemed or taken as a direct vote for the
5candidates for President and Vice-President, or either of them,
6but instead to the Presidential vote, as a vote for the entire
7list or set of electors chosen by that political party or group
8so certified to the State Board of Elections as herein
9provided.
10    (b-5) Notwithstanding the provisions of subsection (b) of
11this Section, no candidate for President or Vice-President of
12the United States shall appear on the official ballot for the
13general election if that candidate has not released his or her
14tax returns at least 5 days prior to the date set for
15certification of the ballot for the general election. The
16Secretary of State shall certify to the State Board that the
17tax returns have been filed in accordance with this subsection
18(b-5) and shall post the tax returns on the Secretary of
19State's website. The Secretary of State may adopt rules for the
20implementation of this subsection (b-5).
21    As used in this subsection (b-5), "released his or her tax
22returns" means that the tax returns filed with the federal
23Internal Revenue Service for the 5 most recent years in which
24tax returns have been filed by the candidates for President and
25Vice-President of the United States prior to the filing
26deadline of this subsection (b-5) have been filed with the

 

 

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1Secretary of State.
2    (c) Such certification by the respective political parties
3or groups in this State of electors of President and
4Vice-President shall be made to the State Board of Elections
5within 2 days after such State convention or meeting of the
6State central committee in which the electors were chosen.
7    (d) Should more than one certificate of choice and
8selection of electors of the same political party or group be
9filed by contesting conventions or contesting groups, it shall
10be the duty of the State Board of Elections within 10 days
11after the adjournment of the last of such conventions to meet
12and determine which set of nominees for electors of such party
13or group was chosen and selected by the authorized convention
14of such party or group. The Board, after notice to the chair
15and secretaries or managers of the conventions or groups and
16after a hearing shall determine which set of electors was so
17chosen by the authorized convention and shall so announce and
18publish the fact, and such decision shall be final and the set
19of electors so determined upon by the electoral board to be so
20chosen shall be the list or set of electors to be deemed
21elected if that party shall be successful at the polls, as
22herein provided.
23    (e) Should a vacancy occur in the choice of an elector in a
24congressional district, such vacancy may be filled by the
25executive committee of the party or group for such
26congressional district, to be certified by such committee to

 

 

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1the State Board of Elections. Should a vacancy occur in the
2office of elector at large, such vacancy shall be filled by the
3State committee of such political party or group, and certified
4by it to the State Board of Elections.
5(Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19.)