101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1125

 

Introduced 2/5/2019, by Sen. Terry Link

 

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
65 ILCS 5/3.1-20-45
65 ILCS 5/3.1-25-20  from Ch. 24, par. 3.1-25-20

    Amends the Election Code. Provides that those intending to become write-in candidates for statewide, congressional, state legislative, or judicial offices or offices in which the electors are not entirely within a county shall file a notarized declaration of intent with the State Board of Elections. Provides what shall be included in a declaration of intent. Provides that all write-in votes shall be counted for persons who filed the notarized declaration of intent with the appropriate election authority between 120 days and 75 days before the primary or election (rather than 61 days before the primary or election). 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 and that votes case for either candidate shall constitute a valid write-in vote for the slate of candidates. Provides that the State Board of Elections shall provide a listing of valid write-in candidates to the appropriate election authority before the deadline for ballot certification. Makes conforming changes throughout the Code and the Illinois Municipal Code.


LRB101 06783 SMS 51810 b

 

 

A BILL FOR

 

SB1125LRB101 06783 SMS 51810 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 committeeperson of his congressional
20district shall be declared elected State central
21committeeperson from said congressional district.
22    Unless a national political party specifies that delegates
23and alternate delegates to a National nominating convention be

 

 

SB1125- 2 -LRB101 06783 SMS 51810 b

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

 

 

SB1125- 3 -LRB101 06783 SMS 51810 b

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 committeeperson of his precinct shall be
7declared elected precinct committeeperson from said precinct.
8    The person receiving the highest number of votes of his
9party for township committeeperson of his township or part of a
10township as the case may be, shall be declared elected township
11committeeperson from said township or part of a township as the
12case may be. In cities where ward committeepersons are elected,
13the person receiving the highest number of votes of his party
14for ward committeeperson of his ward shall be declared elected
15ward committeeperson 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
18committeeperson 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 committeeperson, if it appears that
21more than the number of persons to be nominated for an office
22or elected committeeperson have the highest and an equal number
23of votes for the nomination for the same office or for election
24as committeeperson, the election authority by which the returns
25of the primary are canvassed shall decide by lot which of said
26persons shall be nominated or elected, as the case may be. In

 

 

SB1125- 4 -LRB101 06783 SMS 51810 b

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) Persons intending to become write-in candidates for
6offices to be filled by electors of the entire State or any
7district not entirely within a county or for congressional,
8state legislative, or judicial offices as described in Sections
97-12, 7-67, and 25-7 shall file a notarized declaration of
10intent to be a write-in candidate with the principal office of
11the State Board of Elections. Forms for the declaration of
12intent to be a write-in candidate shall be supplied by the
13office or election authority with whom nominating petitions for
14the office sought are filed. Declarations of intent to be a
15write-in candidate shall include: (A) the name and address of
16the person intending to become a write-in candidate; (B) the
17office sought; (C) the date of the election; and (D) the
18notarized signature of the candidate or candidates.
19Declarations of intent to be a write-in candidate that do not
20include items (A) through (D) shall not be accepted.
21    Write-in votes shall be counted only for persons who have
22filed notarized declarations of intent to be write-in
23candidates with the proper election authority, election or
24authorities, or the State Board of Elections no earlier than
25120 days before the primary but no not later than 75 61 days
26before prior to the primary. However, whenever an objection to

 

 

SB1125- 5 -LRB101 06783 SMS 51810 b

1a candidate's nominating papers or petitions for any office is
2sustained under Section 10-10 after the 75th 61st day before
3the election, then write-in votes shall be counted for that
4candidate if he or she has filed a notarized declaration of
5intent to be a write-in candidate for that office with the
6proper election authority, election or authorities, or State
7Board of Elections not later than 7 days prior to the election.
8    Forms for the declaration of intent to be a write-in
9candidate shall be supplied by the election authorities. Such
10declaration shall specify the office for which the person seeks
11nomination or election as a write-in candidate.
12    Persons intending to become write-in candidates for the
13offices of President and Vice President or Governor and
14Lieutenant Governor shall file one joint declaration of intent
15to be a write-in candidate with the State Board of Elections.
16    The State Board of Elections shall provide a listing of
17valid write-in candidates to the proper election authority or
18authorities no later than the deadline for ballot
19certification. The election authority or authorities shall
20deliver a list of all persons who have filed such declarations
21of intent to the election judges in the appropriate precincts
22prior to the primary.
23    (c) (1) Notwithstanding any other provisions of this
24Section, where the number of candidates whose names have been
25printed on a party's ballot for nomination for or election to
26an office at a primary is less than the number of persons the

 

 

SB1125- 6 -LRB101 06783 SMS 51810 b

1party is entitled to nominate for or elect to the office at the
2primary, a person whose name was not printed on the party's
3primary ballot as a candidate for nomination for or election to
4the office, is not nominated for or elected to that office as a
5result of a write-in vote at the primary unless the number of
6votes he received equals or exceeds the number of signatures
7required on a petition for nomination for that office; or
8unless the number of votes he receives exceeds the number of
9votes received by at least one of the candidates whose names
10were printed on the primary ballot for nomination for or
11election to the same office.
12    (2) Paragraph (1) of this subsection does not apply where
13the number of candidates whose names have been printed on the
14party's ballot for nomination for or election to the office at
15the primary equals or exceeds the number of persons the party
16is entitled to nominate for or elect to the office at the
17primary.
18(Source: P.A. 100-1027, eff. 1-1-19.)
 
19    (10 ILCS 5/17-16.1)  (from Ch. 46, par. 17-16.1)
20    Sec. 17-16.1. Write-in votes shall be counted only for
21persons who have filed notarized declarations of intent to be
22write-in candidates with the proper election authority,
23election or authorities, or the State Board of Elections no
24earlier than 120 days before the election but no not later than
2561 75 days before prior to the election. However, whenever an

 

 

SB1125- 7 -LRB101 06783 SMS 51810 b

1objection to a candidate's nominating papers or petitions for
2any office is sustained under Section 10-10 after the 75th 61st
3day before the election, then write-in votes shall be counted
4for that candidate if he or she has filed a notarized
5declaration of intent to be a write-in candidate for that
6office with the proper election authority, election or
7authorities, or the State Board of Elections not later than 7
8days prior to the election.
9    Forms for the declaration of intent to be a write-in
10candidate shall be supplied by the election authorities or the
11State Board of Elections. Declarations of intent to be a
12write-in candidate shall include: (A) the name and address of
13the person intending to become a write-in candidate; (B) the
14office sought; (C) the date of election; and (D) the notarized
15signature of the candidate or candidates. Declarations of
16intent to be a write-in candidate that do not include items (A)
17through (D) shall not be accepted. Such declaration shall
18specify the office for which the person seeks election as a
19write-in candidate.
20    Persons intending to become write-in candidates for the
21offices of President and Vice President or Governor and
22Lieutenant Governor shall file one joint declaration of intent
23to be a write-in candidate with the State Board of Elections.
24Votes cast for either candidate shall constitute a valid
25write-in vote for the slate of candidates.
26    The State Board of Elections shall provide a listing of

 

 

SB1125- 8 -LRB101 06783 SMS 51810 b

1valid write-in candidates to the proper election authority or
2authorities no later than the deadline for ballot
3certification. The election authority or authorities shall
4deliver a list of all persons who have filed such declarations
5of intent to the election judges in the appropriate precincts
6prior to the election.
7    A candidate for whom a nomination paper has been filed as a
8partisan candidate at a primary election, and who is defeated
9for his or her nomination at the primary election is ineligible
10to file a declaration of intent to be a write-in candidate for
11election in that general or consolidated election.
12    A candidate seeking election to an office for which
13candidates of political parties are nominated by caucus who is
14a participant in the caucus and who is defeated for his or her
15nomination at such caucus is ineligible to file a declaration
16of intent to be a write-in candidate for election in that
17general or consolidated election.
18    A candidate seeking election to an office for which
19candidates are nominated at a primary election on a nonpartisan
20basis and who is defeated for his or her nomination at the
21primary election is ineligible to file a declaration of intent
22to be a write-in candidate for election in that general or
23consolidated election.
24    Nothing in this Section shall be construed to apply to
25votes cast under the provisions of subsection (b) of Section
2616-5.01.

 

 

SB1125- 9 -LRB101 06783 SMS 51810 b

1(Source: P.A. 95-699, eff. 11-9-07.)
 
2    (10 ILCS 5/18-9.1)  (from Ch. 46, par. 18-9.1)
3    Sec. 18-9.1. Write-in votes shall be counted only for
4persons who have filed notarized declarations of intent to be
5write-in candidates with the proper election authority,
6election or authorities, or the State Board of Elections no
7earlier than 120 days before the election but no not later than
875 61 days before prior to the election. However, whenever an
9objection to a candidate's nominating papers or petitions is
10sustained under Section 10-10 after the 75th 61st day before
11the election, then write-in votes shall be counted for that
12candidate if he or she has filed a notarized declaration of
13intent to be a write-in candidate for that office with the
14proper election authority, election or authorities, or the
15State Board of Elections not later than 7 days prior to the
16election.
17    Forms for the declaration of intent to be a write-in
18candidate shall be supplied by the election authorities or the
19State Board of Elections. Declarations of intent to be a
20write-in candidate shall include: (A) the name and address of
21the person intending to become a write-in candidate; (B) the
22office sought; (C) the date of election; and (D) the notarized
23signature of the candidate or candidates. Declarations of
24intent to be a write-in candidate that do not include items (A)
25through (D) shall not be accepted. Such declaration shall

 

 

SB1125- 10 -LRB101 06783 SMS 51810 b

1specify the office for which the person seeks election as a
2write-in candidate.
3    Persons intending to become write-in candidates for the
4offices of President and Vice President or Governor and
5Lieutenant Governor shall file one joint declaration of intent
6to be a write-in candidate with the State Board of Elections.
7Votes cast for either candidate shall constitute a valid
8write-in vote for the slate of candidates.
9    Not less than 75 days before the date of the election, the
10State Board of Elections shall provide a listing of valid
11write-in candidates to the proper election authority or
12authorities. The election authority or authorities shall
13deliver a list of all persons who have filed such declarations
14of intent to the election judges in the appropriate precincts
15prior to the election.
16    A candidate for whom a nomination paper has been filed as a
17partisan candidate at a primary election, and who is defeated
18for his or her nomination at the primary election, is
19ineligible to file a declaration of intent to be a write-in
20candidate for election in that general or consolidated
21election.
22    A candidate seeking election to an office for which
23candidates of political parties are nominated by caucus who is
24a participant in the caucus and who is defeated for his or her
25nomination at such caucus is ineligible to file a declaration
26of intent to be a write-in candidate for election in that

 

 

SB1125- 11 -LRB101 06783 SMS 51810 b

1general or consolidated election.
2    A candidate seeking election to an office for which
3candidates are nominated at a primary election on a nonpartisan
4basis and who is defeated for his or her nomination at the
5primary election is ineligible to file a declaration of intent
6to be a write-in candidate for election in that general or
7consolidated election.
8    Nothing in this Section shall be construed to apply to
9votes cast under the provisions of subsection (b) of Section
1016-5.01.
11(Source: P.A. 95-699, eff. 11-9-07.)
 
12    Section 10. The Illinois Municipal Code is amended by
13changing Sections 3.1-20-45 and 3.1-25-20 as follows:
 
14    (65 ILCS 5/3.1-20-45)
15    Sec. 3.1-20-45. Nonpartisan primary elections; uncontested
16office. A city incorporated under this Code that elects
17municipal officers at nonpartisan primary and general
18elections shall conduct the elections as provided in the
19Election Code, except that no office for which nomination is
20uncontested shall be included on the primary ballot and no
21primary shall be held for that office. For the purposes of this
22Section, an office is uncontested when not more than 4 persons
23to be nominated for each office have timely filed valid
24nominating papers seeking nomination for the election to that

 

 

SB1125- 12 -LRB101 06783 SMS 51810 b

1office.
2    Notwithstanding the preceding paragraph, when a person (i)
3who has not timely filed valid nomination papers and (ii) who
4intends to become a write-in candidate for nomination for any
5office for which nomination is uncontested files a declaration
6of intent to be a write-in candidates written statement or
7notice of that intent with the proper election official with
8whom the nomination papers for that office are filed, no
9primary ballot shall be printed. Where no primary is held,
10persons intending to become a write-in candidate at the
11consolidated primary election shall re-file a declaration of
12intent to be a write-in candidate for the consolidated election
13with the appropriate election authority or authorities. if the
14write-in candidate becomes the fifth candidate filed, a primary
15ballot must be prepared and a primary must be held for the
16office. The declaration of intent to be a write-in candidate
17statement or notice must be filed on or before the 75th 61st
18day before the consolidated primary election. The statement
19must contain (i) the name and address of the person intending
20to become a write-in candidate, (ii) a statement that the
21person intends to become a write-in candidate, and (iii) the
22office the person is seeking as a write-in candidate, (iv) the
23date of the election, and (v) the notarized signature of the
24candidate. Declarations of intent to be a write-in candidate
25that do not include items (i) through (v) shall not be
26accepted. An election authority has no duty to conduct a

 

 

SB1125- 13 -LRB101 06783 SMS 51810 b

1primary election or prepare a primary ballot unless a statement
2meeting the requirements of this paragraph is filed in a timely
3manner.
4    If there is a primary election, then candidates shall be
5placed on the ballot for the next succeeding general municipal
6election in the following manner:
7        (1) If one officer is to be elected, then the 2
8    candidates who receive the highest number of votes shall be
9    placed on the ballot for the next succeeding general
10    municipal election.
11        (2) If 2 aldermen are to be elected at large, then the
12    4 candidates who receive the highest number of votes shall
13    be placed on the ballot for the next succeeding general
14    municipal election.
15        (3) If 3 aldermen are to be elected at large, then the
16    6 candidates who receive the highest number of votes shall
17    be placed on the ballot for the next succeeding general
18    municipal election.
19    The name of a write-in candidate may not be placed on the
20ballot for the next succeeding general municipal election
21unless he or she receives a number of votes in the primary
22election that equals or exceeds the number of signatures
23required on a petition for nomination for that office or that
24exceeds the number of votes received by at least one of the
25candidates whose names were printed on the primary ballot for
26nomination for or election to the same office.

 

 

SB1125- 14 -LRB101 06783 SMS 51810 b

1(Source: P.A. 97-81, eff. 7-5-11.)
 
2    (65 ILCS 5/3.1-25-20)  (from Ch. 24, par. 3.1-25-20)
3    Sec. 3.1-25-20. Primary election. A village incorporated
4under this Code shall nominate and elect candidates for
5president and trustees in nonpartisan primary and general
6elections as provided in Sections 3.1-25-20 through 3.1-25-55
7until the electors of the village vote to require the partisan
8election of the president and trustees at a referendum in the
9manner provided in Section 3.1-25-65 after January 1, 1992. The
10provisions of Sections 3.1-25-20 through 3.1-25-55 shall apply
11to all villages incorporated under this Code that have operated
12under those Sections without the adoption of those provisions
13by the referendum provided in Section 3.1-25-60 as well as
14those villages that have adopted those provisions by the
15referendum provided in Section 3.1-25-60 until the electors of
16those villages vote to require the partisan election of the
17president and trustees in the manner provided in Section
183.1-25-65. Villages that have nominated and elected candidates
19for president and trustees in partisan elections prior to
20January 1, 1992, may continue to hold partisan elections
21without conducting a referendum in the manner provided in
22Section 3.1-25-65. All candidates for nomination to be voted
23for at all general municipal elections at which a president or
24trustees, or both, are to be elected under this Article shall
25be nominated from the village at large by a primary election.

 

 

SB1125- 15 -LRB101 06783 SMS 51810 b

1    Notwithstanding any other provision of law, no primary
2shall be held in any village when the nomination for every
3office to be voted upon by the electors of the village is
4uncontested. If the nomination of candidates is uncontested as
5to one or more, but not all, of the offices to be voted upon by
6the electors of the village, then a primary must be held in the
7village, provided that the primary ballot shall not include
8those offices in the village for which the nomination is
9uncontested. For the purposes of this Section, an office is
10uncontested when not more than the number of persons to be
11nominated to the office have timely filed valid nominating
12papers seeking nomination for election to that office.
13    Notwithstanding the preceding paragraph, when a person (i)
14who has not timely filed valid nomination papers and (ii) who
15intends to become a write-in candidate for nomination for any
16office for which nomination is uncontested files a declaration
17of intent to be a write-in candidate written statement or
18notice of that intent with the proper election official with
19whom the nomination papers for that office are filed, no
20primary ballot shall be printed. Where no primary is held,
21persons intending to become a write-in candidate at the
22consolidated primary election shall re-file a declaration of
23intent to be a write-in candidate for the consolidated election
24with the appropriate election authority or authorities. a
25primary ballot must be prepared and a primary must be held for
26the office. The declaration of intent to be a write-in

 

 

SB1125- 16 -LRB101 06783 SMS 51810 b

1candidate statement or notice must be filed on or before the
275th 61st day before the consolidated primary election. The
3statement must contain (i) the name and address of the person
4intending to become a write-in candidate, (ii) a statement that
5the person intends to become a write-in candidate, and (iii)
6the office the person is seeking as a write-in candidate, (iv)
7the date of the election, and (v) the notarized signature of
8the candidate. Declarations of intent to be a write-in
9candidate that do not include items (i) through (v) shall not
10be accepted. An election authority has no duty to conduct a
11primary election or prepare a primary ballot unless a statement
12meeting the requirements of this paragraph is filed in a timely
13manner.
14    Only the names of those persons nominated in the manner
15prescribed in Sections 3.1-25-20 through 3.1-25-65 shall be
16placed on the ballot at the general municipal election. The
17village clerk shall certify the offices to be filled and the
18candidates for those offices to the proper election authority
19as provided in the general election law. A primary for those
20offices, if required, shall be held in accordance with the
21general election law.
22(Source: P.A. 91-57, eff. 6-30-99.)