102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2398

 

Introduced 2/17/2021, by Rep. Anne Stava-Murray

 

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. Changes signature requirements for new political parties and independent candidates so the amounts are equal to those required for established political parties, irrespective of party affiliation.


LRB102 13937 SMS 19288 b

 

 

A BILL FOR

 

HB2398LRB102 13937 SMS 19288 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

 

 

HB2398- 2 -LRB102 13937 SMS 19288 b

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
20any such group of persons hereafter desiring to form a new
21political party within any county shall file such petition
22with the 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

 

 

HB2398- 3 -LRB102 13937 SMS 19288 b

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
5be, shall 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 least 5,000 but not more than 10,000
15qualified voters 1% of the number of voters who voted at the
16next preceding Statewide general election or 25,000 qualified
17voters, whichever is less. If such new political party shall
18be formed for any district or political subdivision less than
19the entire State, such petition shall be signed by qualified
20voters equaling in number not less than 0.5% of the qualified
21voters 5% of the number of voters who voted at the next
22preceding regular election in such district or political
23subdivision in which such district or political subdivision
24voted as a unit for the election of officers to serve its
25respective territorial area. However, whenever the minimum
26signature requirement for a district or political subdivision

 

 

HB2398- 4 -LRB102 13937 SMS 19288 b

1new political party petition shall exceed the minimum number
2of signatures for State-wide new political party petitions at
3the next preceding State-wide general election, such
4State-wide petition signature requirement shall be the minimum
5for such district or political subdivision new political party
6petition.
7    For the first election following a redistricting of
8congressional districts, a petition to form a new political
9party in a congressional district shall be signed by at least
105,000 qualified voters of the congressional district. For the
11first election following a redistricting of legislative
12districts, a petition to form a new political party in a
13legislative district shall be signed by at least 600 3,000
14qualified voters of the legislative district. For the first
15election following a redistricting of representative
16districts, a petition to form a new political party in a
17representative district shall be signed by at least 0.5% of
18the 1,500 qualified voters of the representative district.
19    For the first election following redistricting of county
20board districts, or of municipal wards or districts, or for
21the first election following the initial establishment of such
22districts or wards in a county or municipality, a petition to
23form a new political party in a county board district or in a
24municipal ward or district shall be signed by qualified voters
25of the district or ward equal to not less than 0.5% of the
26qualified voters of the district or ward 5% of the total number

 

 

HB2398- 5 -LRB102 13937 SMS 19288 b

1of votes cast at the preceding general or municipal election,
2as the case may be, for the county or municipal office voted on
3throughout the county or municipality for which the greatest
4total number of votes were cast for all candidates, divided by
5the number of districts or wards, but in any event not less
6than 25 qualified voters of the district or ward.
7    In the case of a petition to form a new political party
8within a political subdivision in which officers are to be
9elected from districts and at-large, such petition shall
10consist of separate components for each district from which an
11officer is to be elected. Each component shall be circulated
12only within a district of the political subdivision and signed
13only by qualified electors who are residents of such district.
14Each sheet of such petition must contain a complete list of the
15names of the candidates of the party for all offices to be
16filled in the political subdivision at large, but the sheets
17comprising each component shall also contain the names of
18those candidates to be elected from the particular district.
19Each component of the petition for each district from which an
20officer is to be elected must be signed by qualified voters of
21the district equalling in number not less than 0.5% of the
22qualified voters of that district 5% of the number of voters
23who voted at the next preceding regular election in such
24district at which an officer was elected to serve the
25district. The entire petition, including all components, must
26be signed by a total of qualified voters of the entire

 

 

HB2398- 6 -LRB102 13937 SMS 19288 b

1political subdivision equalling in number not less than 0.5%
2of the qualified voters of that entire political subdivision
35% of the number of voters who voted at the next preceding
4regular election in such political subdivision at which an
5officer was elected to serve the political subdivision at
6large.
7    The filing of such petition shall constitute the political
8group a new political party, for the purpose only of placing
9upon the ballot at such next ensuing election such list or an
10adjusted list in accordance with Section 10-11, of party
11candidates for offices to be voted for throughout the State,
12or for offices to be voted for in such district or political
13subdivision less than the State, as the case may be, under the
14name of and as the candidates of such new political party.
15    If, at such ensuing election, the new political party's
16candidate for Governor shall receive more than 5% of the
17entire votes cast for Governor, then such new political party
18shall become an "established political party" as to the State
19and as to every district or political subdivision thereof. If,
20at such ensuing election, the other candidates of the new
21political party, or any other candidate or candidates of the
22new political party shall receive more than 5% of all the votes
23cast for the office or offices for which they were candidates
24at such election, in the State, or in any district or political
25subdivision, as the case may be, then and in that event, such
26new political party shall become an "established political

 

 

HB2398- 7 -LRB102 13937 SMS 19288 b

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

 

 

HB2398- 8 -LRB102 13937 SMS 19288 b

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

 

 

HB2398- 9 -LRB102 13937 SMS 19288 b

1political subdivision under any parts of this Act relating to
2the organization of political parties.
3    A candidate for whom a nomination paper has been filed as a
4partisan candidate at a primary election, and who is defeated
5for his or her nomination at the primary election, is
6ineligible for nomination as a candidate of a new political
7party for election in that general election.
8    Notwithstanding any other provision of law, on and after
9the effective date of this amendatory Act of the 102nd General
10Assembly, signature requirements for new parties shall be the
11same as those for established political parties, irrespective
12of party affiliation.
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
17filled by the voters of the State at large may also be made by
18nomination papers signed in the aggregate for each candidate
19by at least 5,000 but not more than 10,000 qualified voters 1%
20of the number of voters who voted in the next preceding
21Statewide general election or 25,000 qualified voters of the
22State, whichever is less. Nominations of independent
23candidates for public office within any district or political
24subdivision less than the State, may be made by nomination
25papers signed in the aggregate for each candidate by qualified

 

 

HB2398- 10 -LRB102 13937 SMS 19288 b

1voters of such district, or political subdivision, equaling
2not less than 0.5% of the qualified voters of that district or
3political subdivision 5%, nor more than 8% (or 50 more than the
4minimum, whichever is greater) of the number of persons, who
5voted at the next preceding regular election in such district
6or political subdivision in which such district or political
7subdivision voted as a unit for the election of officers to
8serve its respective territorial area. However, whenever the
9minimum signature requirement for an independent candidate
10petition for a district or political subdivision office shall
11exceed the minimum number of signatures for an independent
12candidate petition for an office to be filled by the voters of
13the State at large at the next preceding State-wide general
14election, such State-wide petition signature requirement shall
15be the minimum for an independent candidate petition for such
16district or political subdivision office. For the first
17election following a redistricting of congressional districts,
18nomination papers for an independent candidate for congressman
19shall be signed by at least 600 5,000 qualified voters of the
20congressional district. For the first election following a
21redistricting of legislative districts, nomination papers for
22an independent candidate for State Senator in the General
23Assembly shall be signed by at least 0.5% of the 3,000
24qualified voters of the legislative district or 25 signatures,
25whichever is greater. For the first election following a
26redistricting of representative districts, nomination papers

 

 

HB2398- 11 -LRB102 13937 SMS 19288 b

1for an independent candidate for State Representative in the
2General Assembly shall be signed by at least 0.5% of the 1,500
3qualified voters of the representative district. For the first
4election following redistricting of county board districts, or
5of municipal wards or districts, or for the first election
6following the initial establishment of such districts or wards
7in a county or municipality, nomination papers for an
8independent candidate for county board member, or for alderman
9or trustee of such municipality, shall be signed by qualified
10voters of the district or ward equal to not less than 0.5% of
11the qualified voters of that district or ward 5% nor more than
128% (or 50 more than the minimum, whichever is greater) of the
13total number of votes cast at the preceding general or general
14municipal election, as the case may be, for the county or
15municipal office voted on throughout such county or
16municipality for which the greatest total number of votes were
17cast for all candidates, divided by the number of districts or
18wards, but in any event not less than 25 qualified voters of
19the district or ward. Each voter signing a nomination paper
20shall add to his signature his place of residence, and each
21voter may subscribe to one nomination for such office to be
22filled, and no more: Provided that the name of any candidate
23whose name may appear in any other place upon the ballot shall
24not be so added by petition for the same office.
25    The person circulating the petition, or the candidate on
26whose behalf the petition is circulated, may strike any

 

 

HB2398- 12 -LRB102 13937 SMS 19288 b

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

 

 

HB2398- 13 -LRB102 13937 SMS 19288 b

1    A candidate for whom a nomination paper has been filed as a
2partisan candidate at a primary election, and who is defeated
3for his or her nomination at the primary election, is
4ineligible to be placed on the ballot as an independent
5candidate for election in that general or consolidated
6election.
7    A candidate seeking election to an office for which
8candidates of political parties are nominated by caucus who is
9a participant in the caucus and who is defeated for his or her
10nomination at such caucus, is ineligible to be listed on the
11ballot at that general or consolidated election as an
12independent candidate.
13    Notwithstanding any other provision of law, on and after
14the effective date of this amendatory Act of the 102nd General
15Assembly, signature requirements for independent candidates
16shall be the same as those for established political parties,
17irrespective of party affiliation.
18(Source: P.A. 95-699, eff. 11-9-07.)