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Rep. Maurice A. West, II
Filed: 5/31/2021
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1 | | AMENDMENT TO SENATE BILL 825
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2 | | AMENDMENT NO. ______. Amend Senate Bill 825 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Election Code is amended by changing |
5 | | Sections 2A-1.1, 2A-1.2, 2A-26, 2A-28, 7-4, 7-8, 7-10, 7-10.2, |
6 | | 7-12, 7-13, 7-14, 7-16, 7-17, 7-43, 7-59, 7-60, 7-61, 8-5, |
7 | | 8-8, 8-8.1, 8-10, 8-17, 9-8.10, 9-13, 10-3, 10-4, 10-5.1, |
8 | | 10-6, 10-7, 10-8, 10-14, 16-3, 16-5.01, 17-13, 17-16.1, |
9 | | 18-9.1, 19-2, 19-3, 19A-15, 19A-20, 23-6.1, 25-6, and 29-15 |
10 | | and by adding Sections 1-18, 1A-60, 1A-65, 2A-1.1b, 2A-1.1c, |
11 | | 11-8, 17-13.5, 19-2.4, and 19-2.5 as follows: |
12 | | (10 ILCS 5/1-18 new) |
13 | | Sec. 1-18. Cybersecurity. |
14 | | (a) Each election authority maintaining a website shall |
15 | | begin utilizing a ".gov" website address and a ".gov" |
16 | | electronic mail address for each employee within one year of |
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1 | | the effective date of this amendatory Act of the 102nd General |
2 | | Assembly. The integrity of election authorities' websites and |
3 | | electronic mail addresses shall be protected using electronic |
4 | | mail security products provided by the Illinois Department of |
5 | | Innovation and Technology or a third-party vendor. |
6 | | (b) Each election authority shall perform an |
7 | | organizational risk assessment through the Cyber Navigator |
8 | | Program on a biennial basis. |
9 | | (c) Each election authority shall begin performing monthly |
10 | | vulnerability scans to defend against cyber breaches within 6 |
11 | | months after the effective date of this amendatory Act of the |
12 | | 102nd General Assembly. |
13 | | (d) Each election authority shall begin using endpoint |
14 | | detection and response security tools on all computers |
15 | | utilized by employees within one year of the effective date of |
16 | | this amendatory Act of the 102nd General Assembly. |
17 | | (10 ILCS 5/1A-60 new) |
18 | | Sec. 1A-60. High school voter registration. |
19 | | (a) The State Board of Election shall prepare a one page |
20 | | document explaining the process to register to vote to be |
21 | | disseminated to high school age students. Every high school |
22 | | must provide students with that document, which may be |
23 | | disseminated electronically. |
24 | | (b) No high school may prohibit nonpartisan voter |
25 | | registration activities on its premises. A high school may |
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1 | | adopt reasonable regulations restricting nonpartisan voter |
2 | | registration activities. |
3 | | (10 ILCS 5/1A-65 new) |
4 | | Sec. 1A-65. Election authority guidance. 90 days before |
5 | | any election, the State Board of Elections shall provide |
6 | | written guidance to election authorities on: (1) ballot |
7 | | tracking procedures and the proper terminology to be used as |
8 | | part of those procedures; and (2) summarizing requirements for |
9 | | voting, curbside voting, early voting, and vote by mail.
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10 | | (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
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11 | | Sec. 2A-1.1. All Elections - Consolidated Schedule. |
12 | | (a) Except as otherwise provided in this Code, in In
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13 | | even-numbered years, the general election shall be held on the |
14 | | first
Tuesday after the first Monday of November; and an |
15 | | election to be known
as the general primary election shall be |
16 | | held on the third Tuesday in March;
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17 | | (b) In odd-numbered years, an election to be known as the
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18 | | consolidated election shall be held on the first Tuesday in |
19 | | April except
as provided in Section 2A-1.1a of this Act; and
an |
20 | | election to be known as the consolidated primary election |
21 | | shall be
held on the last Tuesday in February.
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22 | | (Source: P.A. 95-6, eff. 6-20-07; 96-886, eff. 1-1-11 .)
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23 | | (10 ILCS 5/2A-1.1b new) |
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1 | | Sec. 2A-1.1b. 2022 general primary election and general |
2 | | election dates. |
3 | | (a) In addition to the provisions of this Code and
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4 | | notwithstanding any other law to the contrary, the provisions
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5 | | in this Section shall govern the dates for the conduct of the
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6 | | 2022 general primary election and for preparing for the 2022 |
7 | | general election. The provisions of this Code shall
control |
8 | | any aspect of the administration or conduct of the 2022
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9 | | general primary election and 2022 general election that is not |
10 | | provided for in this Section,
provided that in the event of |
11 | | conflict between this Section and
any other provision of this |
12 | | Code or any other law, the
provisions of this Section shall |
13 | | control. The provisions of this Section shall apply to all
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14 | | election authorities, including, but not limited to, those
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15 | | under the jurisdiction of a Board of Election Commissioners. |
16 | | The provisions of this Section shall apply for the
dates for |
17 | | the 2022 general primary election and the 2022 general |
18 | | election only
and the provisions of this amendatory Act of the |
19 | | 102nd General
Assembly shall be in effect through December 31, |
20 | | 2022. |
21 | | (b) Petitions for nomination for the general primary |
22 | | election may begin circulation on January 13, 2022. All |
23 | | petitions for nomination of an established party candidate for |
24 | | statewide office shall be signed by at least 3,250 but not more |
25 | | than 6,500 of the qualified primary electors of the |
26 | | candidate's party. All petitions for nomination of an |
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1 | | established party candidate for the office of Representative |
2 | | in the General Assembly shall be signed by at least 400 but not |
3 | | more than 1,000 of the qualified primary electors of the |
4 | | candidate's party in the candidate's representative district. |
5 | | All petitions for nomination of an established party candidate |
6 | | for the office of State Senator shall be signed by at least 650 |
7 | | but not more than 2,000 of the qualified primary electors of |
8 | | the candidate's party in the candidate's legislative district. |
9 | | The signature requirement for an established party candidate |
10 | | for all other offices shall be reduced by one-third and any |
11 | | provision of this Code limiting the maximum number of |
12 | | signatures that may be submitted for those offices shall be |
13 | | reduced by one-third. |
14 | | (c) Petitions for nomination for congressional, or |
15 | | judicial office, or for any office a nomination for which is |
16 | | made for a territorial division or district which comprises |
17 | | more than one county or is partly in one county and partly in |
18 | | another county or counties (including the Fox Metro Water |
19 | | Reclamation District) for the general primary election may be |
20 | | filed in the principal office of the State Board of Elections |
21 | | beginning on March 7, 2022 but no later than March 14, 2022; a |
22 | | petition for nomination to fill a vacancy by special election |
23 | | in the office of representative in Congress from this State |
24 | | (for vacancies occurring between February 21, 2022 and March |
25 | | 14, 2022) for the general primary election may be filed in the |
26 | | principal office of the State Board of Elections beginning |
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1 | | March 28, 2022 but no later than April 4, 2022. |
2 | | (d) Objections to certificates of nomination and |
3 | | nomination papers and petitions to submit public questions to |
4 | | a referendum for the general primary election shall be filed |
5 | | no later than March 21, 2022. |
6 | | (e) Electors may request vote by mail ballots for the |
7 | | general primary election beginning on March 30, 2022 but no |
8 | | later than June 23, 2022. |
9 | | (f) Petitions for nomination for independent candidates |
10 | | and new political party candidates for the general election |
11 | | may begin circulation on April 13, 2022. |
12 | | (g) The State Board of Elections shall certify the names |
13 | | of candidates who filed nomination papers or certificates of |
14 | | nomination for the general primary election with the Board no |
15 | | later than April 21, 2022. |
16 | | (h) A notarized declaration of intent to be a write-in |
17 | | candidate for the general primary election shall be filed with |
18 | | the proper election authority or authorities no later than |
19 | | April 28, 2022. |
20 | | (i) Each election authority shall mail ballots to each |
21 | | person who has filed an application for a ballot for the |
22 | | general primary election under Article 20 no later than May |
23 | | 14, 2022, and any application received after May 12, 2022 |
24 | | shall be mailed within 2 business days after receipt of the |
25 | | application. |
26 | | (j) The period for early voting by personal appearance for |
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1 | | the general primary election shall begin on May 19, 2022. |
2 | | (k) The general primary election shall be held on June 28, |
3 | | 2022. |
4 | | (l) The last day for an established party managing |
5 | | committee to appoint someone to fill a vacancy for the general |
6 | | election when no candidate was nominated at the general |
7 | | primary election and for the appointee to file the required |
8 | | documentation is August 13, 2022. |
9 | | (m) Certificates of nomination and nomination papers for |
10 | | the nomination of new political parties and independent |
11 | | candidates for offices to be filled by electors of the entire |
12 | | State, or any district not entirely within a county, or for |
13 | | congressional, State legislative or judicial offices shall be |
14 | | presented to the principal office of the State Board of |
15 | | Elections beginning July 5, 2022 but no later than July 11, |
16 | | 2022. |
17 | | (n) Objections to certificates of nomination and |
18 | | nomination papers for new political parties and independent |
19 | | candidates for the general election shall be filed no later |
20 | | than July 18, 2022. |
21 | | (o) A person for whom a petition for nomination has been |
22 | | filed for the general election may withdraw his or her |
23 | | petition with the appropriate election authority no later than |
24 | | August 13, 2022. |
25 | | (p) The State Board of Elections shall certify to the |
26 | | county clerks
the names of each of the candidates to appear on |
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1 | | the ballot for the general election no later than September 6, |
2 | | 2022. |
3 | | (q) This Section is repealed on January 1, 2023. |
4 | | (10 ILCS 5/2A-1.1c new) |
5 | | Sec. 2A-1.1c. 2022 Election Day State holiday. |
6 | | Notwithstanding any other provision of State law to the |
7 | | contrary, November 8, 2022 shall be a State holiday known as |
8 | | 2022 General Election Day and shall be observed throughout the |
9 | | State. November 8, 2022 shall be deemed a legal school holiday |
10 | | for purposes of the School Code and State Universities Civil |
11 | | Service Act. Any school closed under this amendatory Act of |
12 | | the 102nd General Assembly and Section 24-2 of the School Code |
13 | | shall be made available to an election authority as a polling |
14 | | place for 2022 General Election Day. |
15 | | This Section is repealed on January 1, 2023.
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16 | | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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17 | | Sec. 2A-1.2. Consolidated schedule of elections; offices |
18 | | elections - offices designated.
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19 | | (a) At the general election in the appropriate |
20 | | even-numbered years, the
following offices shall be filled or |
21 | | shall be on the ballot as otherwise
required by this Code:
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22 | | (1) Elector of President and Vice President of the |
23 | | United States;
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24 | | (2) United States Senator and United States |
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1 | | Representative;
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2 | | (3) State Executive Branch elected officers;
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3 | | (4) State Senator and State Representative;
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4 | | (5) County elected officers, including State's |
5 | | Attorney, County Board
member, County Commissioners, and |
6 | | elected President of the County Board or
County Chief |
7 | | Executive;
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8 | | (6) Circuit Court Clerk;
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9 | | (7) Regional Superintendent of Schools, except in |
10 | | counties or
educational service regions in which that |
11 | | office has been abolished;
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12 | | (8) Judges of the Supreme, Appellate and Circuit |
13 | | Courts, on the question
of retention, to fill vacancies |
14 | | and newly created judicial offices;
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15 | | (9) (Blank);
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16 | | (10) Trustee of the Metropolitan Water Reclamation |
17 | | Sanitary District of Greater Chicago, and elected
Trustee |
18 | | of other Sanitary Districts;
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19 | | (11) Special District elected officers, not otherwise |
20 | | designated in this
Section, where the statute creating or |
21 | | authorizing the creation of
the district requires an |
22 | | annual election and permits or requires election
of |
23 | | candidates of political parties.
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24 | | (b) At the general primary election:
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25 | | (1) in each even-numbered year candidates of political |
26 | | parties shall be
nominated for those offices to be filled |
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1 | | at the general election in that
year, except where |
2 | | pursuant to law nomination of candidates of political
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3 | | parties is made by caucus.
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4 | | (2) in the appropriate even-numbered years the |
5 | | political party offices of
State central committeeperson, |
6 | | township committeeperson, ward committeeperson, and
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7 | | precinct committeeperson shall be filled and delegates and |
8 | | alternate delegates
to the National nominating conventions |
9 | | shall be elected as may be required
pursuant to this Code. |
10 | | In the even-numbered years in which a Presidential
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11 | | election is to be held, candidates in the Presidential |
12 | | preference primary
shall also be on the ballot.
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13 | | (3) in each even-numbered year, where the municipality |
14 | | has provided for
annual elections to elect municipal |
15 | | officers pursuant to Section 6(f) or
Section 7 of Article |
16 | | VII of the Constitution, pursuant to the Illinois
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17 | | Municipal Code or pursuant to the municipal charter, the |
18 | | offices of such
municipal officers shall be filled at an |
19 | | election held on the date of the
general primary election, |
20 | | provided that the municipal election shall be a
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21 | | nonpartisan election where required by the Illinois |
22 | | Municipal Code. For
partisan municipal elections in |
23 | | even-numbered years, a primary to nominate
candidates for |
24 | | municipal office to be elected at the general primary
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25 | | election shall be held on the Tuesday 6 weeks preceding |
26 | | that election.
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1 | | (4) in each school district which has adopted the |
2 | | provisions of
Article 33 of the School Code, successors to |
3 | | the members of the board
of education whose terms expire |
4 | | in the year in which the general primary is
held shall be |
5 | | elected.
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6 | | (c) At the consolidated election in the appropriate |
7 | | odd-numbered years,
the following offices shall be filled:
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8 | | (1) Municipal officers, provided that in |
9 | | municipalities in which
candidates for alderperson |
10 | | alderman or other municipal office are not permitted by |
11 | | law
to be candidates of political parties, the runoff |
12 | | election where required
by law, or the nonpartisan |
13 | | election where required by law, shall be held on
the date |
14 | | of the consolidated election; and provided further, in the |
15 | | case of
municipal officers provided for by an ordinance |
16 | | providing the form of
government of the municipality |
17 | | pursuant to Section 7 of Article VII of the
Constitution, |
18 | | such offices shall be filled by election or by runoff
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19 | | election as may be provided by such ordinance;
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20 | | (2) Village and incorporated town library directors;
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21 | | (3) City boards of stadium commissioners;
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22 | | (4) Commissioners of park districts;
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23 | | (5) Trustees of public library districts;
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24 | | (6) Special District elected officers, not otherwise |
25 | | designated in this
Section, where the statute creating or |
26 | | authorizing the creation of the district
permits or |
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1 | | requires election of candidates of political parties;
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2 | | (7) Township officers, including township park |
3 | | commissioners, township
library directors, and boards of |
4 | | managers of community buildings, and
Multi-Township |
5 | | Assessors;
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6 | | (8) Highway commissioners and road district clerks;
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7 | | (9) Members of school boards in school districts which |
8 | | adopt Article 33
of the School Code;
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9 | | (10) The directors and chair of the Chain O Lakes - Fox |
10 | | River Waterway
Management Agency;
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11 | | (11) Forest preserve district commissioners elected |
12 | | under Section 3.5 of
the Downstate Forest Preserve |
13 | | District Act;
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14 | | (12) Elected members of school boards, school |
15 | | trustees, directors of
boards of school directors, |
16 | | trustees of county boards of school trustees
(except in |
17 | | counties or educational service regions having a |
18 | | population
of 2,000,000 or more inhabitants) and members |
19 | | of boards of school inspectors,
except school boards in |
20 | | school
districts that adopt Article 33 of the School Code;
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21 | | (13) Members of Community College district boards;
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22 | | (14) Trustees of Fire Protection Districts;
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23 | | (15) Commissioners of the Springfield Metropolitan |
24 | | Exposition and
Auditorium
Authority;
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25 | | (16) Elected Trustees of Tuberculosis Sanitarium |
26 | | Districts;
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1 | | (17) Elected Officers of special districts not |
2 | | otherwise designated in
this Section for which the law |
3 | | governing those districts does not permit
candidates of |
4 | | political parties.
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5 | | (d) At the consolidated primary election in each |
6 | | odd-numbered year,
candidates of political parties shall be |
7 | | nominated for those offices to be
filled at the consolidated |
8 | | election in that year, except where pursuant to
law nomination |
9 | | of candidates of political parties is made by caucus, and
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10 | | except those offices listed in paragraphs (12) through (17) of |
11 | | subsection
(c).
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12 | | At the consolidated primary election in the appropriate |
13 | | odd-numbered years,
the mayor, clerk, treasurer, and |
14 | | alderpersons aldermen shall be elected in
municipalities in |
15 | | which
candidates for mayor, clerk, treasurer, or alderperson |
16 | | alderman are not permitted by
law to be candidates
of |
17 | | political parties, subject to runoff elections to be held at |
18 | | the
consolidated election as may be required
by law, and |
19 | | municipal officers shall be nominated in a nonpartisan |
20 | | election
in municipalities in which pursuant to law candidates |
21 | | for such office are
not permitted to be candidates of |
22 | | political parties.
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23 | | At the consolidated primary election in the appropriate |
24 | | odd-numbered years,
municipal officers shall be nominated or |
25 | | elected, or elected subject to
a runoff, as may be provided by |
26 | | an ordinance providing a form of government
of the |
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1 | | municipality pursuant to Section 7 of Article VII of the |
2 | | Constitution.
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3 | | (e) (Blank).
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4 | | (f) At any election established in Section 2A-1.1, public |
5 | | questions may
be submitted to voters pursuant to this Code and |
6 | | any special election
otherwise required or authorized by law |
7 | | or by court order may be conducted
pursuant to this Code.
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8 | | Notwithstanding the regular dates for election of officers |
9 | | established
in this Article, whenever a referendum is held for |
10 | | the establishment of
a political subdivision whose officers |
11 | | are to be elected, the initial officers
shall be elected at the |
12 | | election at which such referendum is held if otherwise
so |
13 | | provided by law. In such cases, the election of the initial |
14 | | officers
shall be subject to the referendum.
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15 | | Notwithstanding the regular dates for election of |
16 | | officials established
in this Article, any community college |
17 | | district which becomes effective by
operation of law pursuant |
18 | | to Section 6-6.1 of the Public Community College
Act, as now or |
19 | | hereafter amended, shall elect the initial district board
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20 | | members at the next regularly scheduled election following the |
21 | | effective
date of the new district.
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22 | | (g) At any election established in Section 2A-1.1, if in |
23 | | any precinct
there are no offices or public questions required |
24 | | to be on the ballot under
this Code then no election shall be |
25 | | held in the precinct on that date.
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26 | | (h) There may be conducted a
referendum in accordance with |
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1 | | the provisions of Division 6-4 of the
Counties Code.
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2 | | (Source: P.A. 100-1027, eff. 1-1-19; revised 12-14-20.)
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3 | | (10 ILCS 5/2A-26) (from Ch. 46, par. 2A-26)
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4 | | Sec. 2A-26. Chicago Alderpersons Aldermen . Alderpersons |
5 | | Aldermen of the City of Chicago shall
be elected at the |
6 | | consolidated primary election in 1979 and at the
consolidated |
7 | | primary election every 4 years thereafter. The runoff
election |
8 | | where necessary, pursuant to law, for Chicago alderpersons |
9 | | aldermen shall be
held at the consolidated election in 1979, |
10 | | and every 4 years thereafter.
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11 | | (Source: P.A. 80-936.)
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12 | | (10 ILCS 5/2A-28) (from Ch. 46, par. 2A-28)
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13 | | Sec. 2A-28. Cities Generally - Alderpersons Aldermen - |
14 | | Time of Election. An alderperson
alderman of a city other than |
15 | | the City of Chicago shall be elected at
the consolidated or |
16 | | general primary election in each year to succeed each
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17 | | incumbent alderperson alderman whose term ends before the |
18 | | following consolidated or
general election.
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19 | | (Source: P.A. 81-1433.)
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20 | | (10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
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21 | | Sec. 7-4.
The following words and phrases in this Article |
22 | | 7 shall,
unless the same be inconsistent with the context, be |
23 | | construed as
follows:
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1 | | 1. The word "primary" the primary elections provided for |
2 | | in this
Article, which are the general primary, the |
3 | | consolidated primary, and for
those municipalities which have |
4 | | annual partisan elections for any officer,
the municipal |
5 | | primary held 6 weeks prior to the general primary election
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6 | | date in even numbered years.
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7 | | 2. The definition of terms in Section 1-3 of this Act shall |
8 | | apply to
this Article.
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9 | | 3. The word "precinct" a voting district heretofore or |
10 | | hereafter
established by law within which all qualified |
11 | | electors vote at one
polling place.
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12 | | 4. The words "state office" or "state officer", an office |
13 | | to be
filled, or an officer to be voted for, by qualified |
14 | | electors of the
entire state, including United States Senator |
15 | | and Congressperson Congressman at large.
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16 | | 5. The words "congressional office" or "congressional |
17 | | officer",
representatives in Congress.
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18 | | 6. The words "county office" or "county officer," include |
19 | | an office
to be filled or an officer to be voted for, by the |
20 | | qualified electors of
the entire county. "County office" or |
21 | | "county officer" also include the
assessor and board of |
22 | | appeals and county commissioners and president of
county board |
23 | | of Cook County, and county board members and the chair
of the |
24 | | county board in counties subject to "An Act relating to the
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25 | | composition and election of county boards in certain |
26 | | counties", enacted
by the 76th General Assembly.
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1 | | 7. The words "city office" and "village office," and |
2 | | "incorporated
town office" or "city officer" and "village |
3 | | officer", and "incorporated
town officer" an office to be |
4 | | filled or an officer to be voted for by
the qualified electors |
5 | | of the entire municipality, including alderpersons aldermen .
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6 | | 8. The words "town office" or "town officer", an office to |
7 | | be filled
or an officer to be voted for by the qualified |
8 | | electors of an entire
town.
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9 | | 9. The words "town" and "incorporated town" shall |
10 | | respectively be
defined as in Section 1-3 of this Act.
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11 | | 10. The words "delegates and alternate delegates to |
12 | | National
nominating conventions" include all delegates and |
13 | | alternate delegates to
National nominating conventions whether |
14 | | they be elected from the state
at large or from congressional |
15 | | districts or selected by State convention
unless contrary and |
16 | | non-inclusive language specifically limits the term
to one |
17 | | class.
|
18 | | 11. "Judicial office" means a post held by a judge of the |
19 | | Supreme,
Appellate or Circuit Court.
|
20 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
21 | | (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
|
22 | | Sec. 7-8. The State central committee shall be composed of |
23 | | one or two
members from each congressional district in the |
24 | | State and shall be elected as
follows:
|
25 | | State Central Committee
|
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1 | | (a) Within 30 days after January 1, 1984 (the effective |
2 | | date of Public Act 83-33), the State central committee of each |
3 | | political party shall certify to
the State Board of Elections |
4 | | which of the following alternatives it wishes
to apply to the |
5 | | State central committee of that party.
|
6 | | Alternative A. At the primary in
1970 and at the general |
7 | | primary election held every 4 years thereafter, each primary
|
8 | | elector may vote for one candidate of his party for member of |
9 | | the State
central committee for the congressional district in |
10 | | which he resides.
The candidate receiving the highest number |
11 | | of votes shall be declared
elected State central |
12 | | committeeperson from the district. A political party
may, in |
13 | | lieu of the foregoing, by a majority vote of delegates at any |
14 | | State
convention of such party, determine to thereafter elect |
15 | | the State central committeepersons
in the manner following:
|
16 | | At the county convention held by such political party, |
17 | | State central committeepersons
shall be elected in the same |
18 | | manner as provided in this
Article for the election of |
19 | | officers of the county central committee, and
such election |
20 | | shall follow the election of officers of the county central
|
21 | | committee. Each elected ward, township or precinct |
22 | | committeeperson shall cast
as his vote one vote for each |
23 | | ballot voted in his ward, township, part of a
township or |
24 | | precinct in the last preceding primary election of his
|
25 | | political party. In the case of a county lying partially |
26 | | within one
congressional district and partially within another |
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1 | | congressional district,
each ward, township or precinct |
2 | | committeeperson shall vote only with respect
to the |
3 | | congressional district in which his ward, township, part of a
|
4 | | township or precinct is located. In the case of a |
5 | | congressional district
which encompasses more than one county, |
6 | | each ward, township or precinct committeeperson
residing |
7 | | within the congressional district shall cast as his
vote one |
8 | | vote for each ballot voted in his ward, township, part of a
|
9 | | township or precinct in the last preceding primary election of |
10 | | his
political party for one candidate of his party for member |
11 | | of the State
central committee for the congressional district |
12 | | in which he resides and
the Chair of the county central |
13 | | committee shall report the results of
the election to the |
14 | | State Board of Elections. The State Board of Elections
shall |
15 | | certify the candidate receiving the highest number of votes |
16 | | elected
State central committeeperson for that congressional |
17 | | district.
|
18 | | The State central committee shall adopt rules to provide |
19 | | for and govern
the procedures to be followed in the election of |
20 | | members of the State central
committee.
|
21 | | After August 6, 1999 (the
effective date of Public Act |
22 | | 91-426), whenever a vacancy occurs in the office of Chair of a |
23 | | State
central committee, or at the end of the term of office of |
24 | | Chair, the State
central committee of each political party |
25 | | that has selected Alternative A shall
elect a Chair who shall |
26 | | not be required to be a member of the State Central
Committee. |
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1 | | The Chair shall be a
registered voter in this State and of the |
2 | | same political party as the State
central committee.
|
3 | | Alternative B. Each congressional committee shall, within |
4 | | 30 days after
the adoption of this alternative, appoint a |
5 | | person of a different gender than the sex opposite that
of the |
6 | | incumbent member for that congressional district to serve as |
7 | | an
additional member of the State central committee until the |
8 | | member's his or her successor
is elected at the general |
9 | | primary election in 1986. Each congressional
committee shall |
10 | | make this appointment by voting on the basis set forth in
|
11 | | paragraph (e) of this Section. In each congressional district |
12 | | at the
general primary election held in 1986 and every 4 years |
13 | | thereafter, the person
male candidate receiving the highest |
14 | | number of votes of the party's male
candidates for State |
15 | | central committeeperson committeeman , and the person of a |
16 | | different gender female candidate
receiving the highest number |
17 | | of votes of the party's female candidates for
State central |
18 | | committeewoman , shall be declared elected State central
|
19 | | committeepersons committeeman and State central committeewoman |
20 | | from the district. At the
general primary election held in |
21 | | 1986 and every 4 years thereafter, if all a
party's candidates |
22 | | for State central committeeperson committeemen or State |
23 | | central
committeewomen from a congressional district are of |
24 | | the same gender are of the same sex , the candidate
receiving |
25 | | the highest number of votes shall be declared elected a State |
26 | | central committeeperson
committeeman or State central |
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1 | | committeewoman from the district, and, because of
a failure to |
2 | | elect 2 persons from different genders one male and one female |
3 | | to the committee, a vacancy shall be
declared to exist in the |
4 | | office of the second member of the State central
committee |
5 | | from the district. This vacancy shall be filled by appointment |
6 | | by
the congressional committee of the political party, and the |
7 | | person appointed to
fill the vacancy shall be a resident of the |
8 | | congressional district and of a different gender than the |
9 | | committeeperson the
sex opposite that of the committeeman or |
10 | | committeewoman elected at the general
primary election. Each |
11 | | congressional committee shall make this appointment by
voting |
12 | | on the basis set forth in paragraph (e) of this Section.
|
13 | | The Chair of a State central committee composed as |
14 | | provided in this
Alternative B must be selected from the |
15 | | committee's members.
|
16 | | Except as provided for in Alternative A with respect to |
17 | | the selection of
the Chair of the State central committee, |
18 | | under both of the foregoing
alternatives, the
State
central
|
19 | | committee of each political party shall be composed of members |
20 | | elected
or appointed from the several congressional districts |
21 | | of the State,
and of no other person or persons whomsoever. The |
22 | | members of the State
central committee shall, within 41 days |
23 | | after each quadrennial election of
the full committee, meet in |
24 | | the city of Springfield and organize
by electing a Chair, and |
25 | | may at such time
elect such officers from among their own |
26 | | number (or otherwise), as they
may deem necessary or |
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1 | | expedient. The outgoing chair of the State
central committee |
2 | | of the party shall, 10 days before the meeting, notify
each |
3 | | member of the State central committee elected at the primary |
4 | | of the
time and place of such meeting. In the organization and |
5 | | proceedings of
the State central committee, the 2 |
6 | | committeepersons each State central committeeman and State
|
7 | | central committeewoman shall each have one vote for each |
8 | | ballot voted in their his or her
congressional district by the |
9 | | primary electors of the committeepersons' his or her party at |
10 | | the
primary election immediately preceding the meeting of the |
11 | | State central
committee. Whenever a vacancy occurs in the |
12 | | State central committee of any
political party, the vacancy |
13 | | shall be filled by appointment of
the chairmen of the county |
14 | | central committees of the
political party
of the counties |
15 | | located within the congressional district in which the vacancy
|
16 | | occurs and,
if applicable, the ward and township |
17 | | committeepersons of the
political
party in counties of |
18 | | 2,000,000 or more inhabitants located within the
congressional
|
19 | | district. If the congressional district in which the vacancy |
20 | | occurs lies
wholly within a
county of 2,000,000 or more |
21 | | inhabitants, the ward and township committeepersons
of the |
22 | | political party in that congressional district shall vote to |
23 | | fill the
vacancy. In voting to fill the vacancy, each chair of |
24 | | a county central
committee and
each ward and township |
25 | | committeeperson in counties of 2,000,000
or
more inhabitants |
26 | | shall have one vote for each ballot voted in each precinct of
|
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1 | | the congressional district in which the vacancy exists of the |
2 | | chair's or committeeperson's
his or her
county, township, or |
3 | | ward cast by the primary electors of the chair's or |
4 | | committeeperson's his or her party
at the
primary election |
5 | | immediately preceding the meeting to fill the vacancy in the
|
6 | | State
central committee. The person appointed to fill the |
7 | | vacancy shall be a
resident of the
congressional district in |
8 | | which the vacancy occurs, shall be a qualified voter,
and, in a |
9 | | committee composed as provided in Alternative B, shall be of |
10 | | the same gender be of the
same
sex as the appointee's his or |
11 | | her
predecessor. A political party may, by a majority vote of |
12 | | the
delegates of any State convention of such party, determine |
13 | | to return
to the election of State central committeepersons |
14 | | committeeman and State central
committeewoman by the vote of |
15 | | primary electors.
Any action taken by a political party at a |
16 | | State convention in accordance
with this Section shall be |
17 | | reported to the State Board of Elections by the chair
and |
18 | | secretary of such convention within 10 days after such action.
|
19 | | Ward, Township and Precinct Committeepersons
|
20 | | (b) At the primary in 1972 and
at the general primary |
21 | | election every 4 years thereafter, each primary elector in |
22 | | cities having a
population of 200,000 or over may vote for one |
23 | | candidate of his party in
his ward for ward committeeperson. |
24 | | Each candidate for ward committeeperson
must be a resident of |
25 | | and in the ward where he seeks to be elected ward |
26 | | committeeperson. The one having the highest number of votes |
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1 | | shall be such
ward committeeperson of such party for such |
2 | | ward. At the primary election
in 1970 and at the general |
3 | | primary election every 4 years thereafter,
each primary |
4 | | elector in counties containing a population of 2,000,000 or
|
5 | | more, outside of cities containing a population of 200,000 or |
6 | | more, may
vote for one candidate of his party for township |
7 | | committeeperson. Each
candidate for township committeeperson |
8 | | must be a resident of and in the
township or part of a township |
9 | | (which lies outside of a city having a
population of 200,000 or |
10 | | more, in counties containing a population of
2,000,000 or |
11 | | more), and in which township or part of a township he seeks
to |
12 | | be elected township committeeperson. The one having the |
13 | | highest number
of votes shall be such township committeeperson |
14 | | of such party for such
township or part of a township. At the |
15 | | primary
in 1970 and at the general primary election every 2 |
16 | | years thereafter, each primary elector,
except in counties |
17 | | having a population of 2,000,000 or over, may vote
for one |
18 | | candidate of his party in his precinct for precinct |
19 | | committeeperson. Each candidate for precinct committeeperson |
20 | | must be a bona
fide resident of the precinct where he seeks to |
21 | | be elected precinct committeeperson. The one having the |
22 | | highest number of votes shall be such
precinct committeeperson |
23 | | of such party for such precinct. The official
returns of the |
24 | | primary shall show the name of the committeeperson of each
|
25 | | political party.
|
26 | | Terms of Committeepersons. All precinct committeepersons |
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1 | | elected under the
provisions of this Article shall continue as |
2 | | such committeepersons until the
date of the primary to be held |
3 | | in the second year after their election.
Except as otherwise |
4 | | provided in this Section for certain State central |
5 | | committeepersons
who have 2 year terms, all State central |
6 | | committeepersons, township committeepersons
and ward |
7 | | committeepersons shall continue as such committeepersons
until |
8 | | the date of primary to be held in the fourth year after their
|
9 | | election. However, a vacancy exists in the office of precinct |
10 | | committeeperson
when a precinct committeeperson ceases to |
11 | | reside in the precinct in which he
was elected and such |
12 | | precinct committeeperson shall thereafter neither have
nor |
13 | | exercise any rights, powers or duties as committeeperson in |
14 | | that precinct,
even if a successor has not been elected or |
15 | | appointed.
|
16 | | (c) The Multi-Township Central Committee shall consist of |
17 | | the precinct committeepersons
of such party, in the |
18 | | multi-township assessing district formed
pursuant to Section |
19 | | 2-10 of the Property Tax Code and shall be organized for the |
20 | | purposes set forth in Section
45-25 of the Township Code. In |
21 | | the organization and proceedings of the
Multi-Township Central |
22 | | Committee each precinct committeeperson shall have one vote
|
23 | | for each ballot voted in his precinct by the primary electors |
24 | | of his party at
the primary at which he was elected.
|
25 | | County Central Committee
|
26 | | (d) The county central committee of each political party |
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1 | | in each
county shall consist of the various township |
2 | | committeepersons, precinct committeepersons
and ward |
3 | | committeepersons, if any, of such party in the county.
In the |
4 | | organization and proceedings of the county central committee,
|
5 | | each precinct committeeperson shall have one vote for each |
6 | | ballot voted in
his precinct by the primary electors of his |
7 | | party at the primary at
which he was elected; each township |
8 | | committeeperson shall have one vote for
each ballot voted in |
9 | | his township or part of a township as the case may
be by the |
10 | | primary electors of his party at the primary election
for the |
11 | | nomination of candidates for election to the General Assembly
|
12 | | immediately preceding the meeting of the county central |
13 | | committee; and
in the organization and proceedings of the |
14 | | county central committee,
each ward committeeperson shall have |
15 | | one vote for each ballot voted in his
ward by the primary |
16 | | electors of his party at the primary election
for the |
17 | | nomination of candidates for election to the General Assembly
|
18 | | immediately preceding the meeting of the county central |
19 | | committee.
|
20 | | Cook County Board of Review Election District Committee
|
21 | | (d-1) Each board of review election district committee of |
22 | | each political
party in Cook County shall consist of the
|
23 | | various township committeepersons and ward committeepersons, |
24 | | if any, of that party in
the portions of the county composing |
25 | | the board of review election district. In
the organization and |
26 | | proceedings of each of the 3 election
district committees, |
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1 | | each township committeeperson shall have one vote for each
|
2 | | ballot voted in the committeeperson's his or her township or |
3 | | part of a township, as the case may be,
by
the primary electors |
4 | | of the committeeperson's his or her party at the primary |
5 | | election immediately
preceding the meeting of the board of |
6 | | review election district committee; and
in the organization |
7 | | and proceedings of each of the 3 election district
committees, |
8 | | each ward committeeperson shall have one vote for each
ballot |
9 | | voted in the committeeperson's
his or her ward or part of that |
10 | | ward, as the case may be, by the primary
electors of the |
11 | | committeeperson's his or her party at the primary election |
12 | | immediately preceding the
meeting of the board of review |
13 | | election district committee.
|
14 | | Congressional Committee
|
15 | | (e) The congressional committee of each party in each |
16 | | congressional
district shall be composed of the chairmen of |
17 | | the county central
committees of the counties composing the |
18 | | congressional district, except
that in congressional districts |
19 | | wholly within the territorial limits of
one county, the |
20 | | precinct committeepersons, township committeepersons and ward |
21 | | committeepersons, if any, of
the party representing the |
22 | | precincts within the limits of the
congressional district, |
23 | | shall compose the congressional committee. A
State central |
24 | | committeeperson in each district shall be a member and the |
25 | | chair
or, when a district has 2 State central |
26 | | committeepersons, a co-chairperson
of the congressional |
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1 | | committee, but shall not have the right to
vote except in case |
2 | | of a tie.
|
3 | | In the organization and proceedings of congressional |
4 | | committees
composed of precinct committeepersons or township |
5 | | committeepersons or ward committeepersons, or any combination |
6 | | thereof, each precinct committeeperson
shall have one vote for |
7 | | each ballot voted in his precinct by the primary
electors of |
8 | | his party at the primary at which he was elected, each
township |
9 | | committeeperson shall have one vote for each ballot voted in |
10 | | his
township or part of a township as the case may be by the |
11 | | primary
electors of his party at the primary election |
12 | | immediately preceding the
meeting of the congressional |
13 | | committee, and each ward committeeperson shall
have one vote |
14 | | for each ballot voted in each precinct of his ward located
in |
15 | | such congressional district by the primary electors of his |
16 | | party at
the primary election immediately preceding the |
17 | | meeting of the
congressional committee; and in the |
18 | | organization and proceedings of
congressional committees |
19 | | composed of the chairmen of the county central
committees of |
20 | | the counties within such district, each chair of such
county |
21 | | central committee shall have one vote for each ballot voted in
|
22 | | his county by the primary electors of his party at the primary |
23 | | election
immediately preceding the meeting of the |
24 | | congressional committee.
|
25 | | Judicial District Committee
|
26 | | (f) The judicial district committee of each political |
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1 | | party in each
judicial district shall be composed of the chair |
2 | | of the county
central committees of the counties composing the |
3 | | judicial district.
|
4 | | In the organization and proceedings of judicial district |
5 | | committees
composed of the chairmen of the county central |
6 | | committees of the
counties within such district, each chair of |
7 | | such county central
committee shall have one vote for each |
8 | | ballot voted in his county by the
primary electors of his party |
9 | | at the primary election immediately
preceding the meeting of |
10 | | the judicial district committee.
|
11 | | Circuit Court Committee
|
12 | | (g) The circuit court committee of each political party in |
13 | | each
judicial circuit outside Cook County shall be composed of |
14 | | the chairmen
of the county central committees of the counties |
15 | | composing the judicial
circuit.
|
16 | | In the organization and proceedings of circuit court |
17 | | committees, each chair
of a county central committee shall |
18 | | have one vote for each
ballot voted in his county by the |
19 | | primary electors of his party at the
primary election |
20 | | immediately preceding the meeting of the circuit court
|
21 | | committee.
|
22 | | Judicial Subcircuit Committee
|
23 | | (g-1) The judicial subcircuit committee of each political |
24 | | party in
each judicial subcircuit in a judicial circuit |
25 | | divided into subcircuits
shall be composed of (i) the ward and |
26 | | township committeepersons
of the townships and wards composing |
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1 | | the judicial subcircuit in Cook County and
(ii) the precinct |
2 | | committeepersons of the precincts
composing the judicial |
3 | | subcircuit in any county other than Cook County.
|
4 | | In the organization and proceedings of each judicial |
5 | | subcircuit committee,
each township committeeperson shall have |
6 | | one vote for each ballot voted in his
township or part of a |
7 | | township, as the case may be, in the judicial
subcircuit by the |
8 | | primary electors of his party at the primary election
|
9 | | immediately preceding the meeting of the judicial subcircuit |
10 | | committee;
each precinct committeeperson shall have one vote |
11 | | for each ballot voted in his
precinct or part of a precinct, as |
12 | | the case may be, in the judicial subcircuit
by the primary |
13 | | electors of his party at the primary election immediately
|
14 | | preceding the meeting of the judicial subcircuit committee;
|
15 | | and
each ward committeeperson shall have one vote for each |
16 | | ballot voted in his
ward or part of a ward, as the case may be, |
17 | | in the judicial subcircuit by
the primary electors of his |
18 | | party at the primary election immediately
preceding the |
19 | | meeting of the judicial subcircuit committee.
|
20 | | Municipal Central Committee
|
21 | | (h) The municipal central committee of each political |
22 | | party shall be
composed of the precinct, township or ward |
23 | | committeepersons, as the case may
be, of such party |
24 | | representing the precincts or wards, embraced in such
city, |
25 | | incorporated town or village. The voting strength of each
|
26 | | precinct, township or ward committeeperson on the municipal |
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1 | | central
committee shall be the same as his voting strength on |
2 | | the county central
committee.
|
3 | | For political parties, other than a statewide political |
4 | | party,
established only within a municipality or
township, the |
5 | | municipal or township managing committee shall be composed
of |
6 | | the party officers of the local established party. The party |
7 | | officers
of a local established party shall be as follows: the |
8 | | chair and
secretary of the caucus for those municipalities and |
9 | | townships authorized
by statute to nominate candidates by |
10 | | caucus shall serve as party officers
for the purpose of |
11 | | filling vacancies in nomination under Section
7-61; for |
12 | | municipalities and townships authorized by statute or |
13 | | ordinance
to nominate candidates by petition and primary |
14 | | election, the party officers
shall be the party's candidates |
15 | | who are nominated at the primary. If no party
primary was held |
16 | | because of the provisions of Section 7-5, vacancies in
|
17 | | nomination shall be filled by the party's remaining candidates |
18 | | who shall
serve as the party's officers.
|
19 | | Powers
|
20 | | (i) Each committee and its officers shall have the powers |
21 | | usually
exercised by such committees and by the officers |
22 | | thereof, not
inconsistent with the provisions of this Article. |
23 | | The several committees
herein provided for shall not have |
24 | | power to delegate any of their
powers, or functions to any |
25 | | other person, officer or committee, but this
shall not be |
26 | | construed to prevent a committee from appointing from its
own |
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1 | | membership proper and necessary subcommittees.
|
2 | | (j) The State central committee of a political party which |
3 | | elects its
members by Alternative B under paragraph (a) of |
4 | | this Section shall adopt a
plan to give effect to the delegate |
5 | | selection rules of the national political
party and file a |
6 | | copy of such plan with the State Board of Elections when
|
7 | | approved by a national political party.
|
8 | | (k) For the purpose of the designation of a proxy by a |
9 | | Congressional
Committee to vote in place of an
absent State |
10 | | central committeeperson committeeman or committeewoman at |
11 | | meetings of the
State central committee of a political party |
12 | | which elects its members by
Alternative B under paragraph (a) |
13 | | of this Section, the proxy shall be
appointed by the vote of |
14 | | the ward and township committeepersons, if any, of the
wards |
15 | | and townships which lie entirely or partially within the
|
16 | | Congressional District from which the absent State central |
17 | | committeeperson committeeman or
committeewoman was elected and |
18 | | the vote of the chairmen of the county
central committees of |
19 | | those counties which lie entirely or partially within
that |
20 | | Congressional District and in which there are no ward or |
21 | | township committeepersons. When voting for such proxy, the |
22 | | county chair, ward committeeperson
or township |
23 | | committeeperson, as the case may be, shall have one
vote for |
24 | | each ballot voted in his county, ward or township, or portion
|
25 | | thereof within the Congressional District, by the primary |
26 | | electors of his
party at the primary at which he was elected. |
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1 | | However, the absent State
central committeeperson committeeman |
2 | | or committeewoman may designate a proxy when permitted
by the |
3 | | rules of a political party which elects its members by |
4 | | Alternative B
under paragraph (a) of this Section.
|
5 | | Notwithstanding any law to the contrary, a person is |
6 | | ineligible to hold the position of committeeperson in any |
7 | | committee established pursuant to this Section if he or she is |
8 | | statutorily ineligible to vote in a general election because |
9 | | of conviction of a felony. When a committeeperson is convicted |
10 | | of a felony, the position occupied by that committeeperson |
11 | | shall automatically become vacant.
|
12 | | (Source: P.A. 100-201, eff. 8-18-17; 100-1027, eff. 1-1-19 .)
|
13 | | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
|
14 | | Sec. 7-10. Form of petition for nomination. The name of no |
15 | | candidate for
nomination, or State central committeeperson, or |
16 | | township committeeperson, or
precinct committeeperson, or ward |
17 | | committeeperson or candidate for delegate or
alternate |
18 | | delegate to national nominating conventions, shall be printed
|
19 | | upon the primary ballot unless a petition for nomination has |
20 | | been filed in
his behalf as provided in this Article in |
21 | | substantially the following form:
|
22 | | We, the undersigned, members of and affiliated with the |
23 | | .... party
and qualified primary electors of the .... party, |
24 | | in the .... of ....,
in the county of .... and State of |
25 | | Illinois, do hereby petition that
the following named person |
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1 | | or persons shall be a candidate or candidates
of the .... party |
2 | | for the nomination for (or in case of committeepersons for
|
3 | | election to) the office or offices hereinafter specified, to |
4 | | be voted
for at the primary election to be held on (insert |
5 | | date).
|
|
6 | | Name |
Office |
Address |
|
7 | | John Jones |
Governor |
Belvidere, Ill. |
|
8 | | Jane James | Lieutenant Governor | Peoria, Ill. |
|
9 | | Thomas Smith |
Attorney General |
Oakland, Ill. |
|
10 | | Name.................. Address.......................
|
11 | | State of Illinois)
|
12 | | ) ss.
|
13 | | County of........)
|
14 | | I, ...., do hereby certify
that I reside at No. .... |
15 | | street, in the .... of ...., county of ....,
and State of |
16 | | ....., that I am 18 years of age or older, that
I am a citizen |
17 | | of the United States, and that the signatures on this sheet
|
18 | | were signed
in my presence, and are genuine, and that to the |
19 | | best of my knowledge
and belief the persons so signing were at |
20 | | the time of signing the
petitions qualified voters of the .... |
21 | | party, and that their respective
residences are correctly |
22 | | stated, as above set forth.
|
23 | | .........................
|
24 | | Subscribed and sworn to before me on (insert date).
|
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1 | | .........................
|
2 | | Each sheet of the petition other than the statement of |
3 | | candidacy and
candidate's statement shall be of uniform size |
4 | | and shall contain above
the space for signatures an |
5 | | appropriate heading giving the information
as to name of |
6 | | candidate or candidates, in whose behalf such petition is
|
7 | | signed; the office, the political party represented and place |
8 | | of
residence; and the heading of each sheet shall be the same.
|
9 | | Such petition shall be signed by qualified primary |
10 | | electors residing
in the political division for which the |
11 | | nomination is sought in their
own proper persons only and |
12 | | opposite the signature of each signer, his
residence address |
13 | | shall be written or printed. The residence address
required to |
14 | | be written or printed opposite each qualified primary |
15 | | elector's
name shall include the street address or rural route |
16 | | number of the signer,
as the case may be, as well as the |
17 | | signer's county, and city, village or
town, and state.
However |
18 | | the county or city, village or town, and state of residence of
|
19 | | the electors may be printed on the petition forms where all of |
20 | | the
electors signing the petition reside in the same county or |
21 | | city, village
or town, and state. Standard abbreviations may |
22 | | be used in writing the
residence address, including street |
23 | | number, if any. At the bottom of
each sheet of such petition |
24 | | shall be added a circulator statement signed by
a person 18 |
25 | | years of age or older who is a citizen of the United States,
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1 | | stating the street address or rural route number, as the case |
2 | | may be, as well
as the county, city, village or town, and |
3 | | state;
and certifying that the signatures on that sheet of the |
4 | | petition were signed in
his or her presence and certifying |
5 | | that the signatures are genuine; and
either (1) indicating the |
6 | | dates on which that sheet was circulated, or (2)
indicating |
7 | | the first and last dates on which the sheet was circulated, or |
8 | | (3)
certifying that none of the signatures on the sheet were |
9 | | signed more than 90
days preceding the last day for the filing |
10 | | of the petition and certifying that
to the best of his or her |
11 | | knowledge and belief the persons so signing were at
the time of |
12 | | signing the petitions qualified voters of the political party |
13 | | for
which a nomination is sought. Such statement shall be |
14 | | sworn to before some
officer authorized to administer oaths in |
15 | | this State.
|
16 | | Except as otherwise provided in this Code, no No petition |
17 | | sheet shall be circulated more than 90 days preceding the
last |
18 | | day provided in Section 7-12 for the filing of such petition.
|
19 | | The person circulating the petition, or the candidate on |
20 | | whose behalf the
petition is circulated, may strike any |
21 | | signature from the petition,
provided that:
|
22 | | (1) the person striking the signature shall initial |
23 | | the petition at
the place where the signature is struck; |
24 | | and
|
25 | | (2) the person striking the signature shall sign a |
26 | | certification
listing the page number and line number of |
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1 | | each signature struck from
the petition. Such |
2 | | certification shall be filed as a part of the petition.
|
3 | | Such sheets before being filed shall be neatly fastened |
4 | | together in
book form, by placing the sheets in a pile and |
5 | | fastening them together
at one edge in a secure and suitable |
6 | | manner, and the sheets shall then
be numbered consecutively. |
7 | | The sheets shall not be fastened by pasting
them together end |
8 | | to end, so as to form a continuous strip or roll. All
petition |
9 | | sheets which are filed with the proper local election |
10 | | officials,
election authorities or the State Board of |
11 | | Elections shall be the original
sheets which have been signed |
12 | | by the voters and by the circulator thereof,
and not |
13 | | photocopies or duplicates of such sheets. Each petition must |
14 | | include
as a part thereof, a statement of candidacy for each of |
15 | | the candidates filing,
or in whose behalf the petition is |
16 | | filed. This statement shall set out the
address of such |
17 | | candidate, the office for which he is a candidate, shall state
|
18 | | that the candidate is a qualified primary voter of the party to |
19 | | which the
petition relates and is qualified for the office |
20 | | specified (in the case of a
candidate for State's Attorney it |
21 | | shall state that the candidate is at the time
of filing such |
22 | | statement a licensed attorney-at-law of this State), shall |
23 | | state
that he has filed (or will file before the close of the |
24 | | petition filing period)
a statement of economic interests as |
25 | | required by the Illinois Governmental
Ethics Act, shall |
26 | | request that the candidate's name be placed upon the official
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1 | | ballot, and shall be subscribed and sworn to by such candidate |
2 | | before some
officer authorized to take acknowledgment of deeds |
3 | | in the State and shall be in
substantially the following form:
|
4 | | Statement of Candidacy
|
|
5 | | Name |
Address |
Office |
District |
Party |
|
6 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
|
7 | | |
Belvidere, |
|
|
|
|
8 | | |
Illinois |
|
|
|
|
9 | | State of Illinois)
|
10 | | ) ss.
|
11 | | County of .......)
|
12 | | I, ...., being first duly sworn, say that I reside at .... |
13 | | Street in the city
(or village) of ...., in the county of ...., |
14 | | State of Illinois; that I
am a qualified voter therein and am a |
15 | | qualified primary voter of the ....
party; that I am a |
16 | | candidate for nomination (for election in the case of |
17 | | committeeperson
and delegates and alternate delegates) to the |
18 | | office of ....
to be voted upon at the primary election to be |
19 | | held on (insert date); that I am
legally qualified (including
|
20 | | being the holder of any license that may be an eligibility |
21 | | requirement
for the office I seek the nomination for) to hold |
22 | | such office and that I
have filed (or I will file before the |
23 | | close of the petition filing period)
a statement of economic |
24 | | interests as required by the Illinois
Governmental Ethics Act |
25 | | and I hereby request that my name be printed
upon the official |
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1 | | primary ballot for nomination for (or election to in
the case |
2 | | of committeepersons and delegates and alternate delegates) |
3 | | such
office.
|
4 | | Signed ......................
|
5 | | Subscribed and sworn to (or affirmed) before me by ...., |
6 | | who is to me
personally known, on (insert date).
|
7 | | Signed ....................
|
8 | | (Official Character)
|
9 | | (Seal, if officer has one.)
|
10 | | The petitions, when filed, shall not be withdrawn or added |
11 | | to, and no
signatures shall be revoked except by revocation |
12 | | filed in writing with
the State Board of Elections, election |
13 | | authority or local election
official with whom the petition is |
14 | | required to be filed, and before the
filing of such petition. |
15 | | Whoever forges the name of a signer upon any
petition required |
16 | | by this Article is deemed guilty of a forgery and on
conviction |
17 | | thereof shall be punished accordingly.
|
18 | | A candidate for the offices listed in this Section must |
19 | | obtain the number
of signatures specified in this Section on |
20 | | his or her petition for nomination.
|
21 | | (a) Statewide office or delegate to a national nominating |
22 | | convention. Except as otherwise provided in this Code, if If a
|
23 | | candidate seeks to run for statewide office or as a delegate or |
24 | | alternate
delegate to a national nominating convention elected |
25 | | from the State at-large,
then the candidate's petition for |
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1 | | nomination must contain at least 5,000 but
not more than |
2 | | 10,000 signatures.
|
3 | | (b) Congressional office or congressional delegate to a |
4 | | national nominating
convention. Except as otherwise provided |
5 | | in this Code, if If a candidate seeks to run for United States |
6 | | Congress or as a
congressional delegate or alternate |
7 | | congressional delegate to a national
nominating convention |
8 | | elected from a congressional district, then the
candidate's |
9 | | petition for nomination must contain at least the number of
|
10 | | signatures equal to 0.5% of the qualified primary electors of |
11 | | his or her party
in his or her congressional district. In the |
12 | | first primary election following a
redistricting of |
13 | | congressional districts, a candidate's petition for nomination
|
14 | | must contain at least 600 signatures of qualified primary |
15 | | electors of the
candidate's political party in his or her |
16 | | congressional district.
|
17 | | (c) County office. Except as otherwise provided in this |
18 | | Code, if If a candidate seeks to run for any countywide office,
|
19 | | including but not limited to county board chairperson or |
20 | | county board
member, elected on an at-large basis, in a county |
21 | | other than Cook County,
then the candidate's petition for |
22 | | nomination must contain at least the number
of signatures |
23 | | equal to 0.5% of the qualified electors of his or her party who
|
24 | | cast votes at the last preceding general election in his or her |
25 | | county. If a
candidate
seeks to run for county board member |
26 | | elected from a county board district, then
the candidate's |
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1 | | petition for nomination must contain at least the number of
|
2 | | signatures equal to 0.5% of the qualified primary electors of |
3 | | his or her party
in the
county board district. In the first |
4 | | primary election following a redistricting
of county board |
5 | | districts or the initial establishment of county board
|
6 | | districts, a candidate's petition for nomination must contain |
7 | | at least the
number of signatures equal to 0.5% of the |
8 | | qualified electors of his or her
party
in the entire county who |
9 | | cast votes at the last preceding general election
divided by |
10 | | the
total number of county board districts comprising the |
11 | | county board; provided
that
in no event shall the number of |
12 | | signatures be less than 25.
|
13 | | (d) County office; Cook County only.
|
14 | | (1) If a candidate seeks to run for countywide office |
15 | | in Cook County,
then the candidate's petition for |
16 | | nomination must contain at least the number
of signatures |
17 | | equal to 0.5% of the qualified electors of his or her party |
18 | | who
cast votes at the last preceding general election in |
19 | | Cook County.
|
20 | | (2) If a candidate seeks to run for Cook County Board |
21 | | Commissioner,
then the candidate's petition for nomination |
22 | | must contain at least the number
of signatures equal to |
23 | | 0.5% of
the qualified primary electors of his or her party |
24 | | in his or her county board
district. In the first primary |
25 | | election following a redistricting of Cook
County Board of |
26 | | Commissioners districts, a candidate's petition for
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1 | | nomination must contain at least the number of signatures |
2 | | equal to 0.5% of
the qualified electors of his or her party |
3 | | in the entire county who cast votes
at the last
preceding |
4 | | general election divided by the total number of county |
5 | | board
districts comprising the county board; provided that |
6 | | in no event shall the
number of signatures be less than 25.
|
7 | | (3) Except as otherwise provided in this Code, if If a |
8 | | candidate seeks to run for Cook County Board of Review
|
9 | | Commissioner, which is elected from a district pursuant to |
10 | | subsection (c)
of Section 5-5 of the Property Tax Code, |
11 | | then the candidate's petition for
nomination must contain |
12 | | at least the number of signatures equal to 0.5% of
the |
13 | | total number of registered voters in his or her board of
|
14 | | review district in the last general election at which a |
15 | | commissioner was
regularly scheduled to be elected from |
16 | | that board of review district. In no
event shall the |
17 | | number of signatures required be greater than the |
18 | | requisite
number for a candidate who seeks countywide |
19 | | office in Cook County
under subsection (d)(1) of this |
20 | | Section. In the first primary election
following a |
21 | | redistricting of Cook County Board of Review districts, a
|
22 | | candidate's petition for nomination must contain at least |
23 | | 4,000 signatures
or at least the number of signatures |
24 | | required for a countywide candidate in
Cook County, |
25 | | whichever is less,
of the qualified electors of his or her |
26 | | party in the district.
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1 | | (e) Municipal or township office. If a candidate seeks to |
2 | | run for municipal
or township office, then the candidate's |
3 | | petition for nomination must contain
at least the number of |
4 | | signatures equal to 0.5% of the qualified primary
electors of |
5 | | his or her party in the municipality or township. If a |
6 | | candidate
seeks to run for alderperson alderman of a |
7 | | municipality, then the candidate's petition for
nomination |
8 | | must contain at least the number of signatures equal to 0.5% of |
9 | | the
qualified primary electors of his or her party of the ward. |
10 | | In the first
primary election following redistricting of |
11 | | aldermanic wards or trustee
districts of a municipality or the |
12 | | initial establishment of wards or districts,
a candidate's |
13 | | petition for nomination must contain the number of signatures
|
14 | | equal to at least 0.5% of the total number of votes cast for |
15 | | the candidate of
that political party who received the highest |
16 | | number of votes in the entire
municipality at the last regular |
17 | | election at which an officer was regularly
scheduled to be |
18 | | elected from
the entire municipality, divided by the number of |
19 | | wards or districts. In no
event shall the number of signatures |
20 | | be less than 25.
|
21 | | (f) State central committeeperson. If a candidate seeks to |
22 | | run for State
central committeeperson, then the candidate's |
23 | | petition for nomination must
contain at least 100 signatures |
24 | | of the primary electors of his or her party of
his or
her |
25 | | congressional district.
|
26 | | (g) Sanitary district trustee. Except as otherwise |
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1 | | provided in this Code, if If a candidate seeks to run for |
2 | | trustee of a
sanitary district in which trustees are not |
3 | | elected from wards, then the
candidate's petition for |
4 | | nomination must contain at least the number of
signatures |
5 | | equal to 0.5% of the primary electors of his or her party from |
6 | | the
sanitary district. If a candidate seeks to run for trustee
|
7 | | of a sanitary district in which trustees are elected from |
8 | | wards, then the
candidate's petition for
nomination must |
9 | | contain at least the number of signatures equal to 0.5% of the
|
10 | | primary electors of his or her party in the ward of that |
11 | | sanitary district. In
the
first primary election following |
12 | | redistricting of sanitary districts elected
from wards, a |
13 | | candidate's petition for nomination must contain at least the
|
14 | | signatures of 150 qualified primary electors of his or her |
15 | | ward of that
sanitary district.
|
16 | | (h) Judicial office. Except as otherwise provided in this |
17 | | Code, if If a candidate seeks to run for judicial office in a |
18 | | district, then the candidate's petition for nomination must |
19 | | contain the number of signatures equal to 0.4% of the number of |
20 | | votes cast in that district for the candidate for his or her |
21 | | political party for the office of Governor at the last general |
22 | | election at which a Governor was elected, but in no event less |
23 | | than 500 signatures. If a candidate seeks to run for judicial |
24 | | office in a
circuit or subcircuit, then the candidate's |
25 | | petition for nomination
must contain the number of signatures |
26 | | equal to 0.25% of the number of votes
cast for the judicial |
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1 | | candidate of his or her political party who received the
|
2 | | highest number of votes
at the last general election at which a |
3 | | judicial
officer from the same circuit or subcircuit was |
4 | | regularly scheduled
to be elected, but in no event less than |
5 | | 1,000 signatures in circuits and subcircuits located in the |
6 | | First Judicial District or 500 signatures in every other |
7 | | Judicial District.
|
8 | | (i) Precinct, ward, and township committeeperson. Except |
9 | | as otherwise provided in this Code, if If a candidate seeks to
|
10 | | run for precinct committeeperson, then the candidate's |
11 | | petition for nomination
must contain at least 10 signatures of |
12 | | the primary electors of his or her
party for the precinct. If a |
13 | | candidate seeks to run for ward committeeperson,
then the |
14 | | candidate's petition for nomination must contain no less than |
15 | | the
number of signatures equal to 10% of the primary electors |
16 | | of his or her party
of the ward, but no more than 16% of those |
17 | | same electors; provided that the
maximum number of signatures |
18 | | may be 50 more than the minimum number, whichever
is greater. |
19 | | If a candidate seeks to run for township committeeperson, then |
20 | | the
candidate's petition for nomination must contain no less |
21 | | than the number of
signatures equal to 5% of the primary |
22 | | electors of his or her party of the
township, but no more than |
23 | | 8% of those same electors;
provided that the maximum number of |
24 | | signatures may be 50 more than the
minimum number, whichever |
25 | | is greater.
|
26 | | (j) State's attorney or regional superintendent of schools |
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1 | | for multiple
counties. If
a candidate seeks to run for State's |
2 | | attorney or regional Superintendent of
Schools who serves more |
3 | | than one county, then the candidate's petition for
nomination |
4 | | must contain at least the number of signatures equal to 0.5% of |
5 | | the
primary electors of his or her party in the territory |
6 | | comprising the counties.
|
7 | | (k) Any other office. If a candidate seeks any other |
8 | | office, then the
candidate's petition for nomination must |
9 | | contain at least the number of
signatures equal to 0.5% of the |
10 | | registered voters of the political subdivision,
district, or |
11 | | division for which the nomination is made or 25 signatures,
|
12 | | whichever is greater.
|
13 | | For purposes of this Section the number of primary |
14 | | electors shall be
determined by taking the total vote cast, in |
15 | | the applicable district, for the
candidate for that political |
16 | | party who received the highest number of votes,
statewide, at |
17 | | the last general election in the State at which electors for
|
18 | | President of the United States were elected. For political |
19 | | subdivisions, the
number of primary electors shall be |
20 | | determined by taking the total vote
cast for the candidate for |
21 | | that political party who received the highest number
of votes |
22 | | in the political subdivision at the last regular election at |
23 | | which an
officer was regularly scheduled to be elected from |
24 | | that subdivision. For wards
or districts of political |
25 | | subdivisions, the number of primary electors shall be
|
26 | | determined by taking the total vote cast for the candidate for |
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1 | | that political
party who received the highest number of votes |
2 | | in the ward or district at the
last regular election at which |
3 | | an officer was regularly scheduled to be elected
from that |
4 | | ward or district.
|
5 | | A "qualified primary elector" of a party may not
sign |
6 | | petitions for or be a candidate in the primary of more than
one |
7 | | party.
|
8 | | The changes made to this Section of this amendatory Act of |
9 | | the 93rd General
Assembly are declarative of existing law, |
10 | | except for item (3) of subsection
(d).
|
11 | | Petitions of candidates for nomination for offices herein |
12 | | specified,
to be filed with the same officer, may contain the |
13 | | names of 2 or more
candidates of the same political party for |
14 | | the same or different
offices. In the case of the offices of |
15 | | Governor and Lieutenant Governor, a joint petition including |
16 | | one candidate for each of those offices must be filed.
|
17 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
18 | | (10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
|
19 | | Sec. 7-10.2. In the designation of the name of a candidate |
20 | | on a petition for
nomination or certificate of nomination the |
21 | | candidate's given name or
names, initial or initials, a |
22 | | nickname by which the candidate is
commonly known, or a |
23 | | combination thereof, may be used in addition to the
|
24 | | candidate's surname. If a candidate has changed his or her |
25 | | name, whether by a statutory or common law procedure in |
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1 | | Illinois or any other jurisdiction, within 3 years before the |
2 | | last day for filing the petition or certificate for that |
3 | | office, whichever is applicable, then (i) the candidate's name |
4 | | on the petition or certificate must be followed by "formerly |
5 | | known as (list all prior names during the 3-year period) until |
6 | | name changed on (list date of each such name change)" and (ii) |
7 | | the petition or certificate must be accompanied by the |
8 | | candidate's affidavit stating the candidate's previous names |
9 | | during the period specified in (i) and the date or dates each |
10 | | of those names was changed; failure to meet these requirements |
11 | | shall be grounds for denying certification of the candidate's |
12 | | name for the ballot or removing the candidate's name from the |
13 | | ballot, as appropriate, but these requirements do not apply to |
14 | | name changes resulting from adoption to assume an adoptive |
15 | | parent's or parents' surname, marriage or civil union to |
16 | | assume a spouse's surname, or dissolution of marriage or civil |
17 | | union or declaration of invalidity of marriage or civil union |
18 | | to assume a former surname or a name change that conforms the |
19 | | candidate's name to his or her gender identity . No other |
20 | | designation such as a political slogan, as
defined by Section |
21 | | 7-17, title or degree, or
nickname suggesting or implying |
22 | | possession of a title, degree or professional
status, or |
23 | | similar information may be used in connection with the |
24 | | candidate's
surname.
|
25 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
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1 | | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
|
2 | | Sec. 7-12. All petitions for nomination shall be filed by |
3 | | mail or
in person as follows: |
4 | | (1) Except as otherwise provided in this Code, where |
5 | | Where the nomination is to be made for a State, |
6 | | congressional, or
judicial office, or for any office a |
7 | | nomination for which is made for a
territorial division or |
8 | | district which comprises more than one county or
is partly |
9 | | in one county and partly in another county or counties |
10 | | (including the Fox Metro Water Reclamation District), |
11 | | then,
except as otherwise provided in this Section, such |
12 | | petition for nomination
shall be filed in the principal |
13 | | office of the State Board of Elections not
more than 113 |
14 | | and not less than 106 days prior to the date of the |
15 | | primary,
but, in the case of petitions for nomination to |
16 | | fill a vacancy by special
election in the office of |
17 | | representative in Congress from this State, such
petition |
18 | | for nomination shall be filed in the principal office of |
19 | | the State
Board of Elections not more than 85 days and not |
20 | | less than 82 days prior to
the date of the primary.
|
21 | | Where a vacancy occurs in the office of Supreme, |
22 | | Appellate or Circuit
Court Judge within the 3-week period |
23 | | preceding the 106th day before a
general primary election, |
24 | | petitions for nomination for the office in which
the |
25 | | vacancy has occurred shall be filed in the principal |
26 | | office of the
State Board of Elections not more than 92 nor |
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1 | | less than 85 days prior to
the date of the general primary |
2 | | election.
|
3 | | Where the nomination is to be made for delegates or |
4 | | alternate
delegates to a national nominating convention, |
5 | | then such petition for
nomination shall be filed in the |
6 | | principal office of the State Board of
Elections not more |
7 | | than 113 and not less than 106 days prior to the date of
|
8 | | the primary; provided, however, that if the rules or |
9 | | policies of a national
political party conflict with such |
10 | | requirements for filing petitions for
nomination for |
11 | | delegates or alternate delegates to a national nominating
|
12 | | convention, the chair of the State central committee of |
13 | | such national
political party shall notify the Board in |
14 | | writing, citing by reference the
rules or policies of the |
15 | | national political party in conflict, and in such
case the |
16 | | Board shall direct such petitions to be filed in |
17 | | accordance with the delegate selection plan adopted by the |
18 | | state central committee of such national political party.
|
19 | | (2) Where the nomination is to be made for a county |
20 | | office or trustee
of a sanitary district then such |
21 | | petition shall be filed in the office
of the county clerk |
22 | | not more than 113 nor less than 106 days prior to the
date |
23 | | of the primary.
|
24 | | (3) Where the nomination is to be made for a municipal |
25 | | or township
office, such petitions for nomination shall be |
26 | | filed in the office of
the local election official, not |
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1 | | more than 99 nor less than 92 days
prior to the date of the |
2 | | primary; provided, where a municipality's or
township's |
3 | | boundaries are coextensive with or are entirely within the
|
4 | | jurisdiction of a municipal board of election |
5 | | commissioners, the petitions
shall be filed in the office |
6 | | of such board; and provided, that petitions
for the office |
7 | | of multi-township assessor shall be filed with the |
8 | | election
authority.
|
9 | | (4) The petitions of candidates for State central |
10 | | committeeperson shall
be filed in the principal office of |
11 | | the State Board of Elections not
more than 113 nor less |
12 | | than 106 days prior to the date of the primary.
|
13 | | (5) Petitions of candidates for precinct, township or |
14 | | ward committeepersons
shall be filed in the office of the |
15 | | county clerk not more
than 113 nor less than 106 days prior |
16 | | to the date of the primary.
|
17 | | (6) The State Board of Elections and the various |
18 | | election authorities
and local election officials with |
19 | | whom such petitions for nominations
are filed shall |
20 | | specify the place where filings shall be made and upon
|
21 | | receipt shall endorse thereon the day and hour on which |
22 | | each petition
was filed. All petitions filed by persons |
23 | | waiting in line as of 8:00
a.m. on the first day for |
24 | | filing, or as of the normal opening hour of
the office |
25 | | involved on such day, shall be deemed filed as of 8:00 a.m.
|
26 | | or the normal opening hour, as the case may be. Petitions |
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1 | | filed by mail
and received after midnight of the first day |
2 | | for filing and in the first
mail delivery or pickup of that |
3 | | day shall be deemed as filed as of 8:00
a.m. of that day or |
4 | | as of the normal opening hour of such day, as the
case may |
5 | | be. All petitions received thereafter shall be deemed as |
6 | | filed
in the order of actual receipt. However, 2 or more |
7 | | petitions filed within the last hour of the filing |
8 | | deadline shall be deemed filed simultaneously. Where 2 or |
9 | | more petitions are received
simultaneously, the State |
10 | | Board of Elections or the various election
authorities or |
11 | | local election officials with whom such petitions are
|
12 | | filed shall break ties and determine the order of filing, |
13 | | by means of a
lottery or other fair and impartial method of |
14 | | random selection approved
by the State Board of Elections. |
15 | | Such lottery shall be conducted within
9 days following |
16 | | the last day for petition filing and shall be open to the
|
17 | | public. Seven days written notice of the time and place of |
18 | | conducting such
random selection shall be given by the |
19 | | State Board of Elections to the chair
of the State central |
20 | | committee of each established political
party, and by each |
21 | | election authority or local election official, to the
|
22 | | County Chair of each established political party, and to |
23 | | each
organization of citizens within the election |
24 | | jurisdiction which was
entitled, under this Article, at |
25 | | the next preceding election, to have
pollwatchers present |
26 | | on the day of election. The State Board of Elections,
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1 | | election authority or local election official shall post |
2 | | in a conspicuous,
open and public place, at the entrance |
3 | | of the office, notice of the time
and place of such |
4 | | lottery. The State Board of Elections shall adopt rules
|
5 | | and regulations governing the procedures for the conduct |
6 | | of such lottery.
All candidates shall be certified in the |
7 | | order in which their petitions
have been filed. Where |
8 | | candidates have filed simultaneously, they shall be
|
9 | | certified in the order determined by lot and prior to |
10 | | candidates who filed
for the same office at a later time.
|
11 | | (7) The State Board of Elections or the appropriate |
12 | | election
authority or local election official with whom |
13 | | such a petition for
nomination is filed shall notify the |
14 | | person for whom a petition for
nomination has been filed |
15 | | of the obligation to file statements of
organization, |
16 | | reports of campaign contributions, and annual reports of
|
17 | | campaign contributions and expenditures under Article 9 of |
18 | | this Act.
Such notice shall be given in the manner |
19 | | prescribed by paragraph (7) of
Section 9-16 of this Code.
|
20 | | (8) Nomination papers filed under this Section are not |
21 | | valid if the
candidate named therein fails to file a |
22 | | statement of economic interests
as required by the |
23 | | Illinois Governmental Ethics Act in relation to his
|
24 | | candidacy with the appropriate officer by the end of the |
25 | | period for the
filing of nomination papers unless he has |
26 | | filed a statement of economic
interests in relation to the |
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1 | | same governmental unit with that officer
within a year |
2 | | preceding the date on which such nomination papers were
|
3 | | filed. If the nomination papers of any candidate and the |
4 | | statement of
economic interest of that candidate are not |
5 | | required to be filed with
the same officer, the candidate |
6 | | must file with the officer with whom the
nomination papers |
7 | | are filed a receipt from the officer with whom the
|
8 | | statement of economic interests is filed showing the date |
9 | | on which such
statement was filed. Such receipt shall be |
10 | | so filed not later than the
last day on which nomination |
11 | | papers may be filed.
|
12 | | (9) Except as otherwise provided in this Code, any Any |
13 | | person for whom a petition for nomination, or for |
14 | | committeeperson or
for delegate or alternate delegate to a |
15 | | national nominating convention has
been filed may cause |
16 | | his name to be withdrawn by request in writing, signed
by |
17 | | him and duly acknowledged before an officer qualified to |
18 | | take
acknowledgments of deeds, and filed in the principal |
19 | | or permanent branch
office of the State Board of Elections |
20 | | or with the appropriate election
authority or local |
21 | | election official, not later than the date of
|
22 | | certification of candidates for the consolidated primary |
23 | | or general primary
ballot. No names so withdrawn shall be |
24 | | certified or printed on the
primary ballot. If petitions |
25 | | for nomination have been filed for the
same person with |
26 | | respect to more than one political party, his name
shall |
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1 | | not be certified nor printed on the primary ballot of any |
2 | | party.
If petitions for nomination have been filed for the |
3 | | same person for 2 or
more offices which are incompatible |
4 | | so that the same person could not
serve in more than one of |
5 | | such offices if elected, that person must
withdraw as a |
6 | | candidate for all but one of such offices within the
5 |
7 | | business days following the last day for petition filing. |
8 | | A candidate in a judicial election may file petitions for |
9 | | nomination for only one vacancy in a subcircuit and only |
10 | | one vacancy in a circuit in any one filing period, and if |
11 | | petitions for nomination have been filed for the same |
12 | | person for 2 or more vacancies in the same circuit or |
13 | | subcircuit in the same filing period, his or her name |
14 | | shall be certified only for the first vacancy for which |
15 | | the petitions for nomination were filed. If he fails to
|
16 | | withdraw as a candidate for all but one of such offices |
17 | | within such time
his name shall not be certified, nor |
18 | | printed on the primary ballot, for any
office. For the |
19 | | purpose of the foregoing provisions, an office in a
|
20 | | political party is not incompatible with any other office.
|
21 | | (10)(a) Notwithstanding the provisions of any other |
22 | | statute, no primary
shall be held for an established |
23 | | political party in any township,
municipality, or ward |
24 | | thereof, where the nomination of such
party for every |
25 | | office to be voted upon by the electors of such
township, |
26 | | municipality, or ward thereof, is uncontested. Whenever a
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1 | | political party's nomination of candidates is uncontested |
2 | | as to one or
more, but not all, of the offices to be voted |
3 | | upon by the electors of a
township, municipality, or ward |
4 | | thereof, then a primary shall
be held for that party in |
5 | | such township, municipality, or ward thereof;
provided |
6 | | that the primary ballot shall not include those offices
|
7 | | within such township, municipality, or ward thereof, for |
8 | | which the
nomination is uncontested. For purposes of this |
9 | | Article, the nomination
of an established political party |
10 | | of a candidate for election to an office
shall be deemed to |
11 | | be uncontested where not more than the number of persons
|
12 | | to be nominated have timely filed valid nomination papers |
13 | | seeking the
nomination of such party for election to such |
14 | | office.
|
15 | | (b) Notwithstanding the provisions of any other |
16 | | statute, no primary
election shall be held for an |
17 | | established political party for any special
primary |
18 | | election called for the purpose of filling a vacancy in |
19 | | the office
of representative in the United States Congress |
20 | | where the nomination of
such political party for said |
21 | | office is uncontested. For the purposes of
this Article, |
22 | | the nomination of an established political party of a
|
23 | | candidate for election to said office shall be deemed to |
24 | | be uncontested
where not more than the number of persons |
25 | | to be nominated have timely filed
valid nomination papers |
26 | | seeking the nomination of such established party
for |
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1 | | election to said office. This subsection (b) shall not |
2 | | apply if such
primary election is conducted on a regularly |
3 | | scheduled election day.
|
4 | | (c) Notwithstanding the provisions in subparagraph (a) |
5 | | and (b) of this
paragraph (10), whenever a person who has |
6 | | not timely filed valid nomination
papers and who intends |
7 | | to become a write-in candidate for a political
party's |
8 | | nomination for any office for which the nomination is |
9 | | uncontested
files a written statement or notice of that |
10 | | intent with the State Board of
Elections or the local |
11 | | election official with whom nomination papers for
such |
12 | | office are filed, a primary ballot shall be prepared and a |
13 | | primary
shall be held for that office. Such statement or |
14 | | notice shall be filed on
or before the date established in |
15 | | this Article for certifying candidates
for the primary |
16 | | ballot. Such statement or notice shall contain (i) the
|
17 | | name and address of the person intending to become a |
18 | | write-in candidate,
(ii) a statement that the person is a |
19 | | qualified primary elector of the
political party from whom |
20 | | the nomination is sought, (iii) a statement that
the |
21 | | person intends to become a write-in candidate for the |
22 | | party's
nomination, and (iv) the office the person is |
23 | | seeking as a write-in
candidate. An election authority |
24 | | shall have no duty to conduct a primary
and prepare a |
25 | | primary ballot for any office for which the nomination is
|
26 | | uncontested unless a statement or notice meeting the |
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1 | | requirements of this
Section is filed in a timely manner.
|
2 | | (11) If multiple sets of nomination papers are filed |
3 | | for a candidate to
the same office, the State Board of |
4 | | Elections, appropriate election
authority or local |
5 | | election official where the petitions are filed shall
|
6 | | within 2 business days notify the candidate of his or her |
7 | | multiple petition
filings and that the candidate has 3 |
8 | | business days after receipt of the
notice to notify the |
9 | | State Board of Elections, appropriate election
authority |
10 | | or local election official that he or she may cancel prior |
11 | | sets
of petitions. If the candidate notifies the State |
12 | | Board of Elections,
appropriate election authority or |
13 | | local election official, the last set of
petitions filed |
14 | | shall be the only petitions to be considered valid by the
|
15 | | State Board of Elections, election authority or local |
16 | | election official. If
the candidate fails to notify the |
17 | | State Board of Elections, election authority
or local
|
18 | | election official then only the first set of petitions |
19 | | filed shall be valid
and all subsequent petitions shall be |
20 | | void.
|
21 | | (12) All nominating petitions shall be available for |
22 | | public inspection
and shall be preserved for a period of |
23 | | not less than 6 months.
|
24 | | (Source: P.A. 100-1027, eff. 1-1-19; 101-523, eff. 8-23-19.)
|
25 | | (10 ILCS 5/7-13) (from Ch. 46, par. 7-13)
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1 | | Sec. 7-13.
The board of election commissioners in cities |
2 | | of 500,000 or more
population having such board, shall |
3 | | constitute an electoral board for the
hearing and passing upon |
4 | | objections to nomination petitions for ward committeepersons.
|
5 | | Except as otherwise provided in this Code, such Such |
6 | | objections shall be filed in the office of the county clerk |
7 | | within 5 business days after the last day for filing |
8 | | nomination papers. The objection shall state the name
and |
9 | | address of the objector, who may be any qualified elector in |
10 | | the ward,
the specific grounds of objection and the relief |
11 | | requested of the electoral
board. Upon the receipt of the |
12 | | objection, the county clerk shall forthwith
transmit such |
13 | | objection and the petition of the candidate to the board of
|
14 | | election commissioners. The board of election commissioners |
15 | | shall forthwith
notify the objector and candidate objected to |
16 | | of the time and place for
hearing hereon. After a hearing upon |
17 | | the validity of such objections, the
board shall
certify to |
18 | | the county clerk its decision stating whether or not the name
|
19 | | of the candidate shall be printed on the ballot and the county |
20 | | clerk in his
or her certificate to the board of election |
21 | | commissioners shall leave off
of the certificate the name of |
22 | | the candidate for ward committeeperson that the
election |
23 | | commissioners order not to be printed on the ballot. However, |
24 | | the
decision of the board of election commissioners is subject |
25 | | to judicial
review as provided in Section 10-10.1.
|
26 | | The county electoral board composed as provided in Section |
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1 | | 10-9 shall
constitute an electoral board for the hearing and |
2 | | passing upon objections
to nomination petitions for precinct |
3 | | and township committeepersons. Such
objections shall be filed |
4 | | in the office of the county clerk within 5 business days after |
5 | | the last day for filing nomination papers. The objection shall |
6 | | state the name and
address of the objector who may be any |
7 | | qualified elector in the precinct or
in the township or part of |
8 | | a township that lies outside of a city having a
population of |
9 | | 500,000 or more, the specific grounds of objection and the
|
10 | | relief requested of the electoral board. Upon the receipt of |
11 | | the objection
the county clerk shall forthwith transmit such |
12 | | objection and the petition
of the candidate to the chair of the |
13 | | county electoral board. The chair
of the county electoral |
14 | | board shall forthwith notify the objector,
the candidate whose |
15 | | petition is objected to and the other members of the
electoral |
16 | | board of the time and place for hearing thereon. After hearing
|
17 | | upon the validity of such objections the board shall certify |
18 | | its decision to the county clerk
stating whether or not the |
19 | | name of the candidate shall be printed on the
ballot, and the |
20 | | county clerk, in his or her certificate to the board of
|
21 | | election commissioners, shall leave off of the certificate the |
22 | | name of the
candidate ordered by the board not to be printed on |
23 | | the ballot, and the
county clerk shall also refrain from |
24 | | printing on the official primary
ballot, the name of any |
25 | | candidate whose name has been ordered by the
electoral board |
26 | | not to be printed on the ballot. However, the decision of
the |
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1 | | board is subject to judicial review as provided in Section |
2 | | 10-10.1.
|
3 | | In such proceedings the electoral boards have the same |
4 | | powers as other
electoral boards under the provisions of |
5 | | Section 10-10 of this Act and
their decisions are subject to |
6 | | judicial review under Section 10-10.1.
|
7 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
8 | | (10 ILCS 5/7-14) (from Ch. 46, par. 7-14)
|
9 | | Sec. 7-14.
Except as otherwise provided in this Code, not |
10 | | Not less than 68 days before the date of the general primary |
11 | | the
State Board of Elections shall meet and shall examine all |
12 | | petitions
filed under this Article 7, in the office of the |
13 | | State Board of
Elections. The State Board of Elections shall |
14 | | then certify to the county
clerk of each county, the names of |
15 | | all candidates whose nomination papers
or certificates of |
16 | | nomination have been filed with the Board and direct the
|
17 | | county clerk to place upon the official ballot for the general |
18 | | primary
election the names of such candidates in the same |
19 | | manner and in the same
order as shown upon the certification.
|
20 | | The State Board of Elections shall, in its certificate to |
21 | | the county
clerk, certify the names of the offices, and the |
22 | | names of the candidates
in the order in which the offices and |
23 | | names
shall appear upon the primary ballot;
such names
to |
24 | | appear
in the order in which petitions have been filed in the |
25 | | office of the
State Board of Elections except as otherwise |
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1 | | provided in this Article.
|
2 | | Not less than 62 days before the date of the general |
3 | | primary, each
county clerk shall certify the names of all |
4 | | candidates whose nomination
papers have been filed with such |
5 | | clerk and declare that the names of such
candidates for the |
6 | | respective offices shall be placed upon the official
ballot |
7 | | for the general primary in the order in which such nomination |
8 | | papers
were filed with the clerk, or as determined by lot, or |
9 | | as otherwise
specified by statute. Each county clerk shall |
10 | | place a copy of the
certification on file in his or her office |
11 | | and at the same time issue to
the board of election |
12 | | commissioners a copy of the certification that has been
filed |
13 | | in the county clerk's office, together with a copy of the
|
14 | | certification that has been issued to the clerk by the State |
15 | | Board of
Elections, with directions to the board of election |
16 | | commissioners to place
upon the official ballot for the |
17 | | general primary in that election
jurisdiction the names of all |
18 | | candidates that are listed on such
certification in the same |
19 | | manner and in the same order as shown upon such
|
20 | | certifications.
|
21 | | The certification shall indicate, where applicable, the |
22 | | following:
|
23 | | (1) The political party affiliation of the candidates |
24 | | for the respective offices;
|
25 | | (2) If there is to be more than one candidate elected |
26 | | or nominated to an
office from the State, political |
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1 | | subdivision or district;
|
2 | | (3) If the voter has the right to vote for more than |
3 | | one candidate for an office;
|
4 | | (4) The term of office, if a vacancy is to be filled |
5 | | for less than a
full term or if the offices to be filled in |
6 | | a political subdivision or
district are for different |
7 | | terms.
|
8 | | The State Board of Elections or the county clerk, as the |
9 | | case may be,
shall issue an amended certification whenever it |
10 | | is discovered that the
original certification is in error.
|
11 | | Subject to appeal, the names of candidates whose |
12 | | nomination papers have
been held invalid by the appropriate |
13 | | electoral board provided in Section
10-9 of this Code shall |
14 | | not be certified.
|
15 | | (Source: P.A. 96-1008, eff. 7-6-10.)
|
16 | | (10 ILCS 5/7-16) (from Ch. 46, par. 7-16)
|
17 | | Sec. 7-16.
Each election authority in each county
shall |
18 | | prepare and cause to be printed the primary ballot of each
|
19 | | political party for each precinct in his respective |
20 | | jurisdiction.
|
21 | | Except as otherwise provided in this Code, the The |
22 | | election authority shall, at least 45 days prior to the date of |
23 | | the primary
election, have a sufficient number of ballots |
24 | | printed so that such
ballots will be available for mailing 45 |
25 | | days prior to the
primary election to persons who have filed |
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1 | | application for a ballot
under the provisions of Article 20 of |
2 | | this Act.
|
3 | | (Source: P.A. 80-1469.)
|
4 | | (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
|
5 | | Sec. 7-17. Candidate ballot name procedures.
|
6 | | (a) Each election authority in each county shall cause to |
7 | | be
printed upon the general primary ballot of each party for |
8 | | each precinct
in his jurisdiction the name of each candidate |
9 | | whose petition for
nomination or for committeeperson has been |
10 | | filed in the office of the
county clerk, as herein provided; |
11 | | and also the name of each candidate
whose name has been |
12 | | certified to his office by the State Board of
Elections, and in |
13 | | the order so certified, except as hereinafter
provided.
|
14 | | It shall be the duty of the election authority to cause to |
15 | | be printed
upon the consolidated primary ballot of each |
16 | | political party for each
precinct in his jurisdiction the name |
17 | | of each candidate whose name has
been certified to him, as |
18 | | herein provided and which is to be voted for
in such precinct.
|
19 | | (b) In the designation of the name of a candidate on the |
20 | | primary ballot
the candidate's given name or names, initial or |
21 | | initials, a nickname by
which the candidate is commonly known, |
22 | | or a combination thereof, may be
used in addition to the |
23 | | candidate's surname. If a candidate has changed his or her |
24 | | name, whether by a statutory or common law procedure in |
25 | | Illinois or any other jurisdiction, within 3 years before the |
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1 | | last day for filing the petition for nomination, nomination |
2 | | papers, or certificate of nomination for that office, |
3 | | whichever is applicable, then (i) the candidate's name on the |
4 | | primary ballot must be followed by "formerly known as (list |
5 | | all prior names during the 3-year period) until name changed |
6 | | on (list date of each such name change)" and (ii) the petition, |
7 | | papers, or certificate must be accompanied by the candidate's |
8 | | affidavit stating the candidate's previous names during the |
9 | | period specified in (i) and the date or dates each of those |
10 | | names was changed; failure to meet these requirements shall be |
11 | | grounds for denying certification of the candidate's name for |
12 | | the ballot or removing the candidate's name from the ballot, |
13 | | as appropriate, but these requirements do not apply to name |
14 | | changes resulting from adoption to assume an adoptive parent's |
15 | | or parents' surname, marriage or civil union to assume a |
16 | | spouse's surname, or dissolution of marriage or civil union or |
17 | | declaration of invalidity of marriage or civil union to assume |
18 | | a former surname or a name change that conforms the |
19 | | candidate's name to his or her gender identity . No other |
20 | | designation such
as a political slogan, title, or degree, or |
21 | | nickname suggesting or
implying possession of
a title, degree |
22 | | or professional status, or similar information may be
used in |
23 | | connection
with the candidate's surname.
For purposes of this |
24 | | Section, a "political slogan" is defined as any
word
or words |
25 | | expressing or connoting a position, opinion, or belief that |
26 | | the
candidate may espouse, including but not limited to, any |
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1 | | word or words
conveying any meaning other than that of the |
2 | | personal identity of the
candidate. A
candidate may not use a |
3 | | political slogan as part of his or her name on the
ballot, |
4 | | notwithstanding that the political slogan may be part of the
|
5 | | candidate's name.
|
6 | | (c) The State Board of Elections, a local election |
7 | | official, or an election
authority shall remove any |
8 | | candidate's name designation from a ballot that is
|
9 | | inconsistent with subsection (b) of this Section. In addition, |
10 | | the State Board
of Elections, a local election official, or an |
11 | | election authority shall not
certify to any election authority |
12 | | any candidate name designation that is
inconsistent with |
13 | | subsection (b) of this Section.
|
14 | | (d) If the State Board of Elections, a local election |
15 | | official, or an
election authority removes a candidate's name |
16 | | designation from a ballot
under subsection (c) of this |
17 | | Section, then the aggrieved candidate may
seek appropriate |
18 | | relief in circuit court.
|
19 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
20 | | (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
|
21 | | Sec. 7-43. Every person having resided in this State 6 |
22 | | months and
in the precinct 30 days next preceding any primary |
23 | | therein who shall be
a citizen of the United States of the age |
24 | | of 18 or more
years shall be
entitled to vote at such primary.
|
25 | | The following regulations shall be applicable to |
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1 | | primaries:
|
2 | | No person shall be entitled to vote at a primary:
|
3 | | (a) Unless he declares his party affiliations as |
4 | | required by this
Article.
|
5 | | (b) (Blank).
|
6 | | (c) (Blank).
|
7 | | (c.5) If that person has participated in the town |
8 | | political party caucus,
under Section 45-50 of the |
9 | | Township Code, of another political party by
signing |
10 | | an affidavit of voters attending the caucus within 45 |
11 | | days before the
first day of the calendar month in |
12 | | which the primary is held.
|
13 | | (d) (Blank).
|
14 | | In cities, villages and incorporated towns having a |
15 | | board of
election commissioners only voters registered as |
16 | | provided by Article 6
of this Act shall be entitled to vote |
17 | | at such primary.
|
18 | | No person shall be entitled to vote at a primary |
19 | | unless he is
registered under the provisions of Articles |
20 | | 4, 5 or 6 of this Act, when
his registration is required by |
21 | | any of said Articles to entitle him to
vote at the election |
22 | | with reference to which the primary is held.
|
23 | | A person (i) who filed a statement of candidacy for a |
24 | | partisan office as a qualified primary voter of an established |
25 | | political party or (ii) who voted the ballot of an established |
26 | | political party at a general primary election may not file a |
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1 | | statement of candidacy as a candidate of a different |
2 | | established political party , a new political party, or as an |
3 | | independent candidate for a partisan office to be filled at |
4 | | the general election immediately following the general primary |
5 | | for which the person filed the statement or voted the ballot. A |
6 | | person may file a statement of candidacy for a partisan office |
7 | | as a qualified primary voter of an established political party |
8 | | regardless of any prior filing of candidacy for a partisan |
9 | | office or voting the ballot of an established political party |
10 | | at any prior election. |
11 | | (Source: P.A. 97-681, eff. 3-30-12; 98-463, eff. 8-16-13.)
|
12 | | (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
|
13 | | Sec. 7-59. (a) The person receiving the highest number of |
14 | | votes at a
primary as a candidate of a party for the nomination |
15 | | for an office shall
be the candidate of that party for such |
16 | | office, and his name as such
candidate shall be placed on the |
17 | | official ballot at the election then
next ensuing; provided, |
18 | | that where there are two or more persons to be
nominated for |
19 | | the same office or board, the requisite number of persons
|
20 | | receiving the highest number of votes shall be nominated and |
21 | | their names
shall be placed on the official ballot at the |
22 | | following election.
|
23 | | Except as otherwise provided by Section 7-8 of this Act, |
24 | | the
person receiving the highest number of votes of his party |
25 | | for
State central committeeperson of his congressional |
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1 | | district shall be
declared elected State central |
2 | | committeeperson from said congressional
district.
|
3 | | Unless a national political party specifies that delegates |
4 | | and
alternate delegates to a National nominating convention be |
5 | | allocated by
proportional selection representation according |
6 | | to the results of a
Presidential preference primary, the |
7 | | requisite number of persons
receiving the highest number of |
8 | | votes of their party for delegates and
alternate delegates to |
9 | | National nominating conventions from the State at
large, and |
10 | | the requisite number of persons receiving the highest number |
11 | | of
votes of their party for delegates and alternate delegates |
12 | | to National
nominating conventions in their respective |
13 | | congressional districts shall be
declared elected delegates |
14 | | and alternate delegates to the National
nominating conventions |
15 | | of their party.
|
16 | | A political party which elects the members to its State |
17 | | Central Committee
by Alternative B under paragraph (a) of |
18 | | Section 7-8 shall select its
congressional district delegates |
19 | | and alternate delegates to its national
nominating convention |
20 | | by proportional selection representation according to
the |
21 | | results of a Presidential preference primary in each |
22 | | congressional
district in the manner provided by the rules of |
23 | | the national political
party and the State Central Committee, |
24 | | when the rules and policies of the
national political party so |
25 | | require.
|
26 | | A political party which elects the members to its State |
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1 | | Central Committee
by Alternative B under paragraph (a) of |
2 | | Section 7-8 shall select its
at large delegates and alternate |
3 | | delegates to its national
nominating convention by |
4 | | proportional selection representation according to
the results |
5 | | of a Presidential preference primary in the whole State in the
|
6 | | manner provided by the rules of the national political party |
7 | | and the State
Central Committee, when the rules and policies |
8 | | of the national political
party so require.
|
9 | | The person receiving the highest number of votes of his |
10 | | party for
precinct committeeperson of his precinct shall be |
11 | | declared elected precinct committeeperson
from said precinct.
|
12 | | The person receiving the highest number of votes of his |
13 | | party for
township committeeperson of his township or part of |
14 | | a township as the case
may be, shall be declared elected |
15 | | township committeeperson from said
township or part of a |
16 | | township as the case may be. In cities where ward |
17 | | committeepersons
are elected, the person receiving the highest |
18 | | number of
votes of his party for ward committeeperson of his |
19 | | ward shall be declared
elected ward committeeperson from said |
20 | | ward.
|
21 | | When two or more persons receive an equal and the highest |
22 | | number of
votes for the nomination for the same office or for |
23 | | committeeperson of the
same political party, or where more |
24 | | than one person of the same
political party is to be nominated |
25 | | as a candidate for office or committeeperson, if it appears |
26 | | that more than the number of persons to be
nominated for an |
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1 | | office or elected committeeperson have the highest and an
|
2 | | equal number of votes for the nomination for the same office or |
3 | | for
election as committeeperson, the election authority by |
4 | | which the returns of the primary
are canvassed shall decide by |
5 | | lot which of said persons shall be
nominated or elected, as the |
6 | | case may be. In such case the election authority shall issue |
7 | | notice in writing to such persons of such tie vote
stating |
8 | | therein the place, the day (which shall not be more than 5 days |
9 | | thereafter) and the hour when such nomination or election |
10 | | shall
be so determined.
|
11 | | (b) Except as otherwise provided in this Code, write-in |
12 | | Write-in votes shall be counted only for persons who have |
13 | | filed
notarized declarations of intent to be write-in |
14 | | candidates with the proper
election authority or authorities |
15 | | not later than 61 days prior to
the primary. However, whenever |
16 | | an objection to a candidate's nominating papers or petitions |
17 | | for any office is sustained under Section 10-10 after the 61st |
18 | | day before the election, then write-in votes shall be counted |
19 | | for that candidate if he or she has filed a notarized |
20 | | declaration of intent to be a write-in candidate for that |
21 | | office with the proper election authority or authorities not |
22 | | later than 7 days prior to the election.
|
23 | | Forms for the declaration of intent to be a write-in |
24 | | candidate shall be
supplied by the election authorities. Such |
25 | | declaration shall specify the
office for which the person |
26 | | seeks nomination or election as a write-in
candidate.
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1 | | The election authority or authorities shall deliver a list |
2 | | of all persons
who have filed such declarations to the |
3 | | election judges in the appropriate
precincts prior to the |
4 | | primary.
|
5 | | (c) (1) Notwithstanding any other provisions of this |
6 | | Section, where
the number of candidates whose names have been |
7 | | printed on a party's
ballot for nomination for or election to |
8 | | an office at a primary is less
than the number of persons the |
9 | | party is entitled to nominate for or elect
to the office at the |
10 | | primary, a person whose name was not printed on the
party's |
11 | | primary ballot as a candidate for nomination for or election |
12 | | to the
office, is not nominated for or elected to that office |
13 | | as a result of a
write-in vote at the primary unless the number |
14 | | of votes he received equals
or exceeds the number of |
15 | | signatures required on a petition for nomination
for that |
16 | | office; or unless the number of votes he receives exceeds the
|
17 | | number of votes received by at least one of the candidates |
18 | | whose names were
printed on the primary ballot for nomination |
19 | | for or election to the same
office.
|
20 | | (2) Paragraph (1) of this subsection does not apply where |
21 | | the number
of candidates whose names have been printed on the |
22 | | party's ballot for
nomination for or election to the office at |
23 | | the primary equals or exceeds
the number of persons the party |
24 | | is entitled to nominate for or elect to the
office at the |
25 | | primary.
|
26 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
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1 | | (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
|
2 | | Sec. 7-60. Not less than 74 days before the date of the |
3 | | general
election, the State Board of Elections shall certify |
4 | | to the county clerks
the names of each of the candidates who |
5 | | have been nominated as shown by the
proclamation of the State |
6 | | Board of Elections as a canvassing board or who
have been |
7 | | nominated to fill a vacancy in nomination and direct the |
8 | | election
authority to place upon the official ballot for the |
9 | | general election the
names of such candidates in the same |
10 | | manner and in the same order as shown
upon the certification, |
11 | | except as otherwise provided in this Code Section .
|
12 | | Except as otherwise provided in this Code, not Not less |
13 | | than 68 days before the date of the general election, each
|
14 | | county clerk shall certify the names of each of the candidates |
15 | | for county
offices who have been nominated as shown by the |
16 | | proclamation of the county
election authority or who have been |
17 | | nominated to fill a vacancy in nomination
and declare that the |
18 | | names of such candidates for the respective offices
shall be |
19 | | placed upon the official ballot for the general election in |
20 | | the
same manner and in the same order as shown upon the |
21 | | certification, except
as otherwise provided by this Section. |
22 | | Each county clerk shall place a
copy of the certification on |
23 | | file in his or her office and at the same
time issue to the |
24 | | State Board of Elections a copy of such certification.
In |
25 | | addition, each county clerk in whose county there is a board of |
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1 | | election
commissioners shall, not less than 68 days before the |
2 | | date of the general
election, issue to such board a copy of the |
3 | | certification that has been
filed in the county clerk's |
4 | | office, together with a copy of the
certification that has |
5 | | been issued to the clerk by the State Board of
Elections, with |
6 | | directions to the board of election commissioners to place
|
7 | | upon the official ballot for the general election in that |
8 | | election
jurisdiction the names of all candidates that are |
9 | | listed on such
certifications, in the same manner and in the |
10 | | same order as shown upon such
certifications, except as |
11 | | otherwise provided in this Section.
|
12 | | Whenever there are two or more persons nominated by the |
13 | | same political
party for multiple offices for any board, the |
14 | | name of the candidate of such
party receiving the highest |
15 | | number of votes in the primary election as a
candidate for such |
16 | | office, as shown by the official election returns of the
|
17 | | primary, shall be certified first under the name of such |
18 | | offices, and the
names of the remaining candidates of such |
19 | | party for such offices shall
follow in the order of the number |
20 | | of votes received by them respectively at
the primary election |
21 | | as shown by the official election results.
|
22 | | No person who is shown by the final
proclamation to have
|
23 | | been nominated or elected at the primary as a write-in |
24 | | candidate shall have his or her
name certified unless such |
25 | | person shall have filed with the certifying
office or board |
26 | | within 10 days after the election authority's proclamation
a |
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1 | | statement of candidacy pursuant to Section 7-10, a statement |
2 | | pursuant
to Section 7-10.1, and a receipt for the filing of a |
3 | | statement of economic interests in relation to the unit of |
4 | | government to which he or she has been elected or nominated.
|
5 | | Each county clerk and board of election commissioners |
6 | | shall determine
by a fair and impartial method of random |
7 | | selection the order of placement
of established political |
8 | | party candidates for the general election ballot.
Such |
9 | | determination shall be made within 30 days following the |
10 | | canvass and proclamation
of the results of the general primary
|
11 | | in the office of the county clerk or board of election |
12 | | commissioners and
shall be open to the public. Seven days |
13 | | written notice of the time and place
of conducting such random |
14 | | selection shall be given, by each such election
authority, to |
15 | | the County Chair of each established political party, and
to |
16 | | each organization of citizens within the election jurisdiction |
17 | | which
was entitled, under this Article, at the next preceding |
18 | | election, to have
pollwatchers present on the day of election. |
19 | | Each election authority shall
post in a conspicuous, open and |
20 | | public place, at the entrance of the election
authority |
21 | | office, notice of the time and place of such lottery. However,
|
22 | | a board of election commissioners may elect to place |
23 | | established political
party candidates on the general election |
24 | | ballot in the same order determined
by the county clerk of the |
25 | | county in which the city under the jurisdiction
of such board |
26 | | is located.
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1 | | Each certification shall indicate, where applicable, the |
2 | | following:
|
3 | | (1) The political party affiliation of the candidates |
4 | | for the respective offices;
|
5 | | (2) If there is to be more than one candidate elected |
6 | | to an office from
the State, political subdivision or |
7 | | district;
|
8 | | (3) If the voter has the right to vote for more than |
9 | | one candidate for an office;
|
10 | | (4) The term of office, if a vacancy is to be filled |
11 | | for less than a
full term or if the offices to be filled in |
12 | | a political subdivision are for
different terms.
|
13 | | The State Board of Elections or the county clerk, as the |
14 | | case may be,
shall issue an amended certification whenever it |
15 | | is discovered that the
original certification is in error.
|
16 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
17 | | (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
|
18 | | Sec. 7-61. Whenever a special election is necessary the |
19 | | provisions of
this Article are applicable to the nomination of |
20 | | candidates to be voted
for at such special election.
|
21 | | In cases where a primary election is required the officer |
22 | | or board or
commission whose duty it is under the provisions of |
23 | | this Act relating to
general elections to call an election, |
24 | | shall fix a date for the primary
for the nomination of |
25 | | candidates to be voted for at such special
election. Notice of |
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1 | | such primary shall be given at least 15 days prior
to the |
2 | | maximum time provided for the filing of petitions for such a
|
3 | | primary as provided in Section 7-12.
|
4 | | Any vacancy in nomination under the provisions of this |
5 | | Article 7
occurring on or after the primary and prior to |
6 | | certification of
candidates by the certifying board or |
7 | | officer, must be filled prior to the
date of certification. |
8 | | Any vacancy in nomination occurring after certification
but |
9 | | prior to 15 days before the general election shall be filled |
10 | | within 8 days
after the event creating the vacancy. The |
11 | | resolution filling the vacancy shall
be sent by U. S. mail or |
12 | | personal delivery to the certifying officer or board
within 3 |
13 | | days of the action by which the vacancy was filled; provided, |
14 | | if such
resolution is sent by mail and the U. S. postmark on |
15 | | the envelope containing
such resolution is dated prior to the |
16 | | expiration of such 3 day limit, the
resolution shall be deemed |
17 | | filed within such 3 day limit. Failure to so
transmit the |
18 | | resolution within the time specified in this Section shall
|
19 | | authorize the certifying officer or board to certify the |
20 | | original candidate.
Vacancies shall be filled by the officers |
21 | | of a local municipal or township
political party as specified |
22 | | in subsection (h) of Section 7-8, other than a
statewide |
23 | | political party, that is established only within a |
24 | | municipality or
township and the managing committee (or |
25 | | legislative committee in case of a
candidate for State Senator |
26 | | or representative committee in the case of a
candidate for |
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1 | | State Representative in the General Assembly or State central |
2 | | committee in the case of a candidate for statewide office, |
3 | | including but not limited to the office of United States |
4 | | Senator) of the respective
political party for the territorial |
5 | | area in which such vacancy occurs.
|
6 | | The resolution to fill a vacancy in nomination shall be |
7 | | duly
acknowledged before an officer qualified to take |
8 | | acknowledgements of deeds
and shall include, upon its face, |
9 | | the following information:
|
10 | | (a) the name of the original nominee and the office |
11 | | vacated;
|
12 | | (b) the date on which the vacancy occurred;
|
13 | | (c) the name and address of the nominee selected to fill |
14 | | the vacancy and
the date of selection.
|
15 | | The resolution to fill a vacancy in nomination shall be |
16 | | accompanied by a
Statement of Candidacy, as prescribed in |
17 | | Section 7-10, completed by the
selected nominee and a receipt |
18 | | indicating that such nominee has filed a
statement of economic |
19 | | interests as required by the Illinois Governmental
Ethics Act.
|
20 | | The provisions of Section 10-8 through 10-10.1 relating to |
21 | | objections to
certificates of nomination and nomination |
22 | | papers, hearings on objections,
and judicial review, shall |
23 | | apply to and govern objections to resolutions
for filling a |
24 | | vacancy in nomination.
|
25 | | Any vacancy in nomination occurring 15 days or less before |
26 | | the consolidated
election or the general election shall not be |
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1 | | filled. In this event, the
certification of the original |
2 | | candidate shall stand and his name shall
appear on the |
3 | | official ballot to be voted at the general election.
|
4 | | A vacancy in nomination occurs when a candidate who has |
5 | | been
nominated under the provisions of this Article 7 dies |
6 | | before the
election (whether death occurs prior to, on or |
7 | | after the day of the
primary), or declines the nomination; |
8 | | provided that nominations may
become vacant for other reasons.
|
9 | | If the name of no established political party candidate |
10 | | was printed on
the consolidated primary ballot for a |
11 | | particular office
and if no person was nominated as a write-in |
12 | | candidate for such office,
a vacancy in nomination shall be |
13 | | created which may be filled in accordance
with the |
14 | | requirements of this Section. Except as otherwise provided in |
15 | | this Code, if If the name of no established political
party |
16 | | candidate was printed on the general primary ballot for a |
17 | | particular
office and if no person was nominated as a write-in |
18 | | candidate for such office,
a vacancy in nomination shall be |
19 | | filled only by a person designated by the appropriate |
20 | | committee of the political party and only if that designated |
21 | | person files nominating petitions with the number of |
22 | | signatures required for an established party candidate for |
23 | | that office within 75 days after the day of the general |
24 | | primary. The circulation period for those petitions begins on |
25 | | the day the appropriate committee designates that person. The |
26 | | person shall file his or her nominating petitions, statements |
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1 | | of candidacy, notice of appointment by the appropriate |
2 | | committee, and receipt of filing his or her statement of |
3 | | economic interests together. These documents shall be filed at |
4 | | the same location as provided in Section 7-12. The electoral |
5 | | boards having jurisdiction under Section 10-9 to hear and pass |
6 | | upon objections to nominating petitions also shall hear and |
7 | | pass upon objections to nomination petitions filed by |
8 | | candidates under this paragraph.
|
9 | | A candidate for whom a nomination paper has been filed as a |
10 | | partisan
candidate at a primary election, and who is defeated |
11 | | for his or her
nomination at such primary election, is |
12 | | ineligible to be listed on the
ballot at that general or |
13 | | consolidated election as a candidate of another
political |
14 | | party.
|
15 | | A candidate seeking election to an office for which |
16 | | candidates of
political parties are nominated by caucus who is |
17 | | a participant in the
caucus and who is defeated for his or her |
18 | | nomination at such caucus, is
ineligible to be listed on the |
19 | | ballot at that general or consolidated
election as a candidate |
20 | | of another political party.
|
21 | | In the proceedings to nominate a candidate to fill a |
22 | | vacancy or to
fill a vacancy in the nomination, each precinct, |
23 | | township, ward, county
or congressional district, as the case |
24 | | may be, shall through its
representative on such central or |
25 | | managing committee, be entitled to one
vote for each ballot |
26 | | voted in such precinct, township, ward, county or
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1 | | congressional district, as the case may be, by the primary |
2 | | electors of
its party at the primary election immediately |
3 | | preceding the meeting at
which such vacancy is to be filled.
|
4 | | For purposes of this Section, the words "certify" and |
5 | | "certification"
shall refer to the act of officially declaring |
6 | | the names of candidates
entitled to be printed upon the |
7 | | official ballot at an election and
directing election |
8 | | authorities to place the names of such candidates upon
the |
9 | | official ballot. "Certifying officers or board" shall refer to |
10 | | the
local election official, election authority or the State |
11 | | Board of
Elections, as the case may be, with whom nomination |
12 | | papers, including
certificates of nomination and resolutions |
13 | | to fill vacancies in nomination,
are filed and whose duty it is |
14 | | to "certify" candidates.
|
15 | | (Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
|
16 | | (10 ILCS 5/8-5) (from Ch. 46, par. 8-5)
|
17 | | Sec. 8-5. Legislative committees; representative |
18 | | committees. There shall be constituted one legislative |
19 | | committee for each
political party in each legislative |
20 | | district and one representative committee
for each political |
21 | | party in each representative district. Legislative and
|
22 | | representative committees shall be composed as follows:
|
23 | | In legislative or representative districts within or |
24 | | including a portion
of any county containing 2,000,000 or more |
25 | | inhabitants, the legislative
or representative committee of a
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1 | | political party shall consist of the committeepersons of such |
2 | | party
representing each township or ward of such county any |
3 | | portion of which
township or ward is included within such |
4 | | legislative or representative
district and the chair
of each |
5 | | county central committee of such party of any county
|
6 | | containing less than 2,000,000 inhabitants any portion of |
7 | | which county
is included within such legislative or |
8 | | representative district.
|
9 | | In the remainder of the State, the legislative or |
10 | | representative committee
of a political
party shall consist of |
11 | | the chair of each county central committee of
such party, any |
12 | | portion of which county is included within such
legislative or |
13 | | representative district; but if a legislative or |
14 | | representative
district comprises only one
county, or part of |
15 | | a county, its legislative or representative committee
shall |
16 | | consist of
the chair of the county central committee and 2 |
17 | | members of the county
central committee appointed who reside |
18 | | in the legislative or representative district,
as the case may |
19 | | be, elected by the chair of the county central committee.
|
20 | | Within 180 days after the primary of the even-numbered |
21 | | year immediately
following the decennial redistricting |
22 | | required by Section 3 of Article IV
of the Illinois |
23 | | Constitution of 1970, the ward committeepersons, township |
24 | | committeepersons
or chairmen of county central committees |
25 | | within each of the
redistricted legislative and representative |
26 | | districts shall meet and
proceed to organize by electing from |
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1 | | among their own number a chair and,
either from among their own |
2 | | number or otherwise, such other officers as
they may deem |
3 | | necessary or expedient. The ward committeepersons, township |
4 | | committeepersons
or chairmen of county central committees |
5 | | shall determine the
time and place (which shall be in the |
6 | | limits of such district) of such
meeting. Immediately upon |
7 | | completion of organization, the chair shall
forward to the |
8 | | State Board of Elections the names and addresses of the chair
|
9 | | and secretary of the committee. A vacancy shall occur when a
|
10 | | member dies, resigns or ceases to reside in the county, |
11 | | township or ward
which he represented.
|
12 | | Within 180 days after the primary of each other |
13 | | even-numbered year, each
legislative committee and |
14 | | representative committee shall meet and proceed
to organize by |
15 | | electing from among its own number a chair, and either
from its |
16 | | own number or otherwise, such other officers as each committee
|
17 | | may deem necessary or expedient. Immediately upon completion |
18 | | of
organization, the chair shall forward to the State Board of
|
19 | | Elections, the names and addresses of the chair and secretary |
20 | | of the
committee. The outgoing chair of such committee shall |
21 | | notify the
members of the time and place (which shall be in the |
22 | | limits of such
district) of such meeting. A vacancy shall |
23 | | occur when a member dies,
resigns, or ceases to reside in the |
24 | | county, township or ward, which he
represented.
|
25 | | If any change is made in the boundaries of any precinct, |
26 | | township or
ward, the committeeperson previously elected |
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1 | | therefrom shall continue to
serve, as if no boundary change |
2 | | had occurred, for the purpose of acting
as a member of a |
3 | | legislative or representative committee until his successor
is |
4 | | elected or appointed.
|
5 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
6 | | (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
|
7 | | Sec. 8-8. Form of petition for nomination. The name of no |
8 | | candidate for nomination shall be printed
upon the primary |
9 | | ballot unless a petition for nomination shall have been
filed |
10 | | in his behalf as provided for in this Section. Each such |
11 | | petition
shall include as a part thereof the oath required by |
12 | | Section 7-10.1 of
this Act and a statement of candidacy by the |
13 | | candidate filing or in
whose behalf the petition is filed. |
14 | | This statement shall set out the
address of such candidate, |
15 | | the office for which he is a candidate, shall
state that the |
16 | | candidate is a qualified primary voter of the party to
which |
17 | | the petition relates, is qualified for the office specified |
18 | | and
has filed a statement of economic interests as required by |
19 | | the Illinois
Governmental Ethics Act, shall request that the |
20 | | candidate's name be
placed upon the official ballot and shall |
21 | | be subscribed and sworn by
such candidate before some officer |
22 | | authorized to take acknowledgment of
deeds in this State and |
23 | | may be in substantially the following form:
|
24 | | State of Illinois)
|
25 | | ) ss.
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1 | | County ..........)
|
2 | | I, ...., being first duly sworn, say that I reside at .... |
3 | | street in
the city (or village of) .... in the county of .... |
4 | | State of Illinois;
that I am a qualified voter therein and am a |
5 | | qualified primary voter of
.... party; that I am a candidate |
6 | | for nomination to the office of ....
to be voted upon at the |
7 | | primary election to be held on (insert date);
that I am legally |
8 | | qualified to hold such office and
that I have filed a statement |
9 | | of economic interests as required by the
Illinois Governmental |
10 | | Ethics Act and I hereby request that my name be
printed upon |
11 | | the official primary ballot for nomination for such office.
|
12 | | Signed ....................
|
13 | | Subscribed and sworn to (or affirmed) before me by ...., |
14 | | who is to me
personally known, on (insert date).
|
15 | | Signed .... (Official Character)
|
16 | | (Seal if officer has one.)
|
17 | | The receipt issued by the Secretary of State indicating |
18 | | that the candidate has filed the statement of economic |
19 | | interests required by the Illinois Governmental Ethics Act |
20 | | must be filed with the petitions for nomination as provided in |
21 | | subsection (8) of Section 7-12 of this Code.
|
22 | | Except as otherwise provided in this Code, all All |
23 | | petitions for nomination for the office of State Senator shall |
24 | | be signed
by at least 1,000 but not more than 3,000 of the |
25 | | qualified primary electors of
the candidate's party in his |
26 | | legislative district.
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1 | | Except as otherwise provided in this Code, all All |
2 | | petitions for nomination for the office of Representative in |
3 | | the General
Assembly shall be signed by at least 500 but not |
4 | | more than 1,500 of
the qualified primary electors of the |
5 | | candidate's party in his or her
representative district.
|
6 | | Opposite the signature of each qualified primary elector |
7 | | who signs a
petition for nomination for the office of State |
8 | | Representative or State
Senator such elector's residence |
9 | | address shall be written or printed. The
residence address |
10 | | required to be written or printed opposite each qualified
|
11 | | primary elector's name shall include the street address or |
12 | | rural route
number of the signer, as the case may be, as well |
13 | | as the signer's county
and city, village or town.
|
14 | | For the purposes of this Section, the number of primary |
15 | | electors shall
be determined by taking the total vote cast, in |
16 | | the applicable district,
for the candidate for such political |
17 | | party who received the highest number
of votes, state-wide, at |
18 | | the last general election in the State at which
electors for |
19 | | President of the United States were elected.
|
20 | | A "qualified primary elector" of a party may not sign |
21 | | petitions for or be a
candidate in the primary of more than one |
22 | | party.
|
23 | | In the affidavit at the bottom of each sheet, the petition |
24 | | circulator,
who shall be a person 18 years of age or older who |
25 | | is a citizen of the United
States, shall state his or her |
26 | | street address or rural route
number, as the
case may be, as |
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1 | | well as his or her county, city, village or
town, and state; |
2 | | and
shall certify that the signatures on that sheet of the |
3 | | petition were signed in
his or her presence; and shall certify |
4 | | that the signatures are genuine; and
shall certify
that to the |
5 | | best of his or her knowledge and belief the persons so signing |
6 | | were
at the time of signing the petition qualified primary |
7 | | voters for which the
nomination is sought.
|
8 | | In the affidavit at the bottom of each petition sheet, the |
9 | | petition
circulator shall either (1) indicate the dates on |
10 | | which he or she
circulated that sheet, or (2) indicate the |
11 | | first and last dates on which
the sheet was circulated, or (3) |
12 | | certify that none of the signatures on the
sheet were signed |
13 | | more than 90 days preceding the last day for the filing
of the |
14 | | petition. No petition sheet shall be circulated more than 90 |
15 | | days
preceding the last day provided in Section 8-9 for the |
16 | | filing of such petition.
|
17 | | All petition sheets which are filed with the State Board |
18 | | of Elections shall
be the original sheets which have been |
19 | | signed by the voters and by the
circulator, and not |
20 | | photocopies or duplicates of such sheets.
|
21 | | The person circulating the petition, or the candidate on |
22 | | whose behalf
the petition is circulated, may strike any |
23 | | signature from the petition,
provided that:
|
24 | | (1) the person striking the signature shall initial |
25 | | the petition at
the place where the signature is struck; |
26 | | and
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1 | | (2) the person striking the signature shall sign a |
2 | | certification
listing the page number and line number of |
3 | | each signature struck from
the petition. Such |
4 | | certification shall be filed as a part of the petition.
|
5 | | (Source: P.A. 97-81, eff. 7-5-11.)
|
6 | | (10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
|
7 | | Sec. 8-8.1. In the designation of the name of a candidate |
8 | | on a petition for
nomination, the candidate's given name or |
9 | | names, initial or initials, a
nickname by which the candidate |
10 | | is commonly known, or a combination
thereof, may be used in |
11 | | addition to the candidate's surname. If a candidate has |
12 | | changed his or her name, whether by a statutory or common law |
13 | | procedure in Illinois or any other jurisdiction, within 3 |
14 | | years before the last day for filing the petition for that |
15 | | office, then (i) the candidate's name on the petition must be |
16 | | followed by "formerly known as (list all prior names during |
17 | | the 3-year period) until name changed on (list date of each |
18 | | such name change)" and (ii) the petition must be accompanied |
19 | | by the candidate's affidavit stating the candidate's previous |
20 | | names during the period specified in (i) and the date or dates |
21 | | each of those names was changed; failure to meet these |
22 | | requirements shall be grounds for denying certification of the |
23 | | candidate's name for the ballot or removing the candidate's |
24 | | name from the ballot, as appropriate, but these requirements |
25 | | do not apply to name changes resulting from adoption to assume |
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1 | | an adoptive parent's or parents' surname, marriage or civil |
2 | | union to assume a spouse's surname, or dissolution of marriage |
3 | | or civil union or declaration of invalidity of marriage or |
4 | | civil union to assume a former surname or a name change that |
5 | | conforms the candidate's name to his or her gender identity . |
6 | | No other
designation such as a political slogan, title, or |
7 | | degree, or nickname
suggesting or implying
possession of a |
8 | | title, degree or professional status, or similar information
|
9 | | may be used
in connection with the candidate's surname.
|
10 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
|
11 | | (10 ILCS 5/8-10) (from Ch. 46, par. 8-10)
|
12 | | Sec. 8-10.
Except as otherwise provided in this Code, not |
13 | | Not less than 68 days prior to the date of the primary, the |
14 | | State Board
of Elections shall certify to the county clerk for |
15 | | each county, the names
of all candidates for legislative |
16 | | offices, as specified
in the petitions for
nominations on file |
17 | | in its office, which are to be voted for in such
county, |
18 | | stating in such certificates the political affiliation of each
|
19 | | candidate for nomination, as specified in the petitions. The |
20 | | State Board
of Elections shall, in its
certificate to the |
21 | | county clerk, certify to the county clerk the names of
the |
22 | | candidates in the order in which the names shall appear upon |
23 | | the
primary ballot, the names to appear in the order in which |
24 | | petitions have
been filed.
|
25 | | Not less than 62 days prior to the date of the primary, the |
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1 | | county clerk
shall certify to the board of election |
2 | | commissioners if there be any such
board in his county, the |
3 | | names of all candidates so certified to him by the
State Board |
4 | | of Elections in the districts wholly or partly within the
|
5 | | jurisdiction of said board and in the order in which such names |
6 | | are
certified to him.
|
7 | | (Source: P.A. 97-81, eff. 7-5-11.)
|
8 | | (10 ILCS 5/8-17) (from Ch. 46, par. 8-17) |
9 | | Sec. 8-17. The death of any candidate prior to, or on, the |
10 | | date of the primary
shall not affect the canvass of the |
11 | | ballots. If the result of such
canvass discloses that such |
12 | | candidate, if he had lived, would have been
nominated, such |
13 | | candidate shall be declared nominated. |
14 | | In the event that a candidate of a party who has been |
15 | | nominated under
the provisions of this Article shall die |
16 | | before election (whether death
occurs prior to, or on, or |
17 | | after, the date of the primary) or decline
the nomination or |
18 | | should the nomination for any other reason become
vacant, the |
19 | | legislative or representative committee of such party for
such |
20 | | district shall
nominate a candidate of such party to fill such |
21 | | vacancy.
However, if there
was no candidate for the nomination |
22 | | of the party in the primary, except as otherwise provided in |
23 | | this Code,
no candidate of that party for that
office may be |
24 | | listed on the ballot at the general election, unless the
|
25 | | legislative or representative committee of the party nominates |
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1 | | a candidate
to fill the vacancy in nomination within 75 days |
2 | | after the date of the
general primary election.
Vacancies in
|
3 | | nomination occurring under this Article shall be filled by the |
4 | | appropriate
legislative or representative committee in |
5 | | accordance with the provisions
of Section 7-61 of this Code. |
6 | | In proceedings to fill the vacancy in
nomination, the voting |
7 | | strength of the members of the legislative or
representative |
8 | | committee shall be as provided in Section 8-6. |
9 | | (Source: P.A. 96-1008, eff. 7-6-10.) |
10 | | (10 ILCS 5/9-8.10)
|
11 | | Sec. 9-8.10. Use of political committee and other |
12 | | reporting organization
funds.
|
13 | | (a) A political committee shall
not
make
expenditures:
|
14 | | (1) In violation of any law of the United States or of |
15 | | this State.
|
16 | | (2) Clearly in excess of the fair market value of the |
17 | | services,
materials, facilities,
or other things of value |
18 | | received in exchange.
|
19 | | (3) For satisfaction or repayment of any debts other |
20 | | than loans made to
the
committee or to the public official |
21 | | or candidate on behalf of the committee or
repayment of |
22 | | goods
and services purchased by the committee under a |
23 | | credit
agreement. Nothing in this Section authorizes the |
24 | | use of campaign funds to
repay personal loans. The |
25 | | repayments shall be made by check written to the
person |
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1 | | who made the loan or credit agreement. The terms and |
2 | | conditions of any
loan or credit agreement to a
committee |
3 | | shall be set forth in a written agreement, including but |
4 | | not limited
to the
method and
amount of repayment, that |
5 | | shall be executed by the chair or treasurer of the
|
6 | | committee at the time of the loan or credit agreement. The |
7 | | loan or agreement
shall also
set forth the rate of |
8 | | interest for the loan, if any, which may not
substantially |
9 | | exceed the
prevailing market interest rate at the time the |
10 | | agreement is executed.
|
11 | | (4) For the satisfaction or repayment of any debts or |
12 | | for the payment of
any expenses relating to a personal |
13 | | residence.
Campaign funds may not be used as collateral |
14 | | for home mortgages.
|
15 | | (5) For clothing or personal laundry expenses, except |
16 | | clothing items
rented by
the public official or candidate
|
17 | | for his or her own use exclusively for a specific |
18 | | campaign-related event,
provided that
committees may |
19 | | purchase costumes, novelty items, or other accessories |
20 | | worn
primarily to
advertise the candidacy.
|
21 | | (6) For the travel expenses of
any person unless the |
22 | | travel is necessary for fulfillment of political,
|
23 | | governmental, or public policy duties, activities, or |
24 | | purposes.
|
25 | | (7) For membership or club dues charged by |
26 | | organizations, clubs, or
facilities that
are primarily |
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1 | | engaged in providing health, exercise, or recreational |
2 | | services;
provided,
however, that funds received under |
3 | | this Article may be used to rent the clubs
or facilities
|
4 | | for a specific campaign-related event.
|
5 | | (8) In payment for anything of value or for |
6 | | reimbursement of any
expenditure for
which any person has |
7 | | been reimbursed by the State or any person.
For purposes |
8 | | of this item (8), a per diem allowance is not a |
9 | | reimbursement.
|
10 | | (9) For the lease or purchase of or installment |
11 | | payment for a motor vehicle unless
the political committee |
12 | | can demonstrate that purchase of a motor vehicle is
more |
13 | | cost-effective than leasing a motor vehicle as permitted |
14 | | under this item
(9). A political committee may lease or |
15 | | purchase and insure, maintain, and
repair a motor vehicle |
16 | | if the vehicle will be used primarily for campaign
|
17 | | purposes or
for the performance of governmental duties. |
18 | | Nothing in this paragraph prohibits a political committee |
19 | | from using political funds to make expenditures related to |
20 | | vehicles not purchased or leased by a political committee, |
21 | | provided the expenditure relates to the use of the vehicle |
22 | | for primarily campaign purposes or the performance of |
23 | | governmental duties. A committee
shall not make |
24 | | expenditures for use of the vehicle for non-campaign or
|
25 | | non-governmental purposes. Persons using vehicles not |
26 | | purchased or leased by a
political committee may be |
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1 | | reimbursed for actual mileage for the use of the
vehicle |
2 | | for campaign purposes or for the performance of |
3 | | governmental duties.
The mileage reimbursements shall be |
4 | | made at a rate not to exceed the standard
mileage rate |
5 | | method for computation of business expenses under the |
6 | | Internal
Revenue Code.
|
7 | | (10) Directly for an individual's tuition or other |
8 | | educational expenses,
except for governmental or political |
9 | | purposes directly related to a candidate's
or public |
10 | | official's duties and responsibilities.
|
11 | | (11) For payments to a public official or candidate or |
12 | | his or her
family member unless
for compensation for |
13 | | services actually rendered by that person. The provisions |
14 | | of this item (11) do not apply to expenditures by a |
15 | | political committee for expenses related to providing |
16 | | childcare for a minor child or care for a dependent family |
17 | | member if the care is reasonably necessary for the public |
18 | | official or candidate to fulfill political or governmental |
19 | | duties.
The provisions of this item (11) do not apply to |
20 | | expenditures by a
political committee in an aggregate
|
21 | | amount not exceeding the amount of funds reported to and |
22 | | certified by the State
Board or county clerk as available |
23 | | as of June 30, 1998, in the semi-annual
report of
|
24 | | contributions and expenditures filed by the
political |
25 | | committee for the period concluding June 30, 1998.
|
26 | | (b) The Board shall have the authority to investigate, |
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1 | | upon
receipt of a verified complaint, violations of the |
2 | | provisions of this Section.
The Board may levy a fine
on any |
3 | | person who knowingly makes expenditures in violation of this |
4 | | Section and
on any person who knowingly makes a malicious and |
5 | | false accusation of a
violation of this Section.
The Board may |
6 | | act under this subsection only upon the affirmative vote of at
|
7 | | least 5 of its members. The fine shall not
exceed $500 for each |
8 | | expenditure of $500 or less and shall not exceed the
amount of |
9 | | the
expenditure plus $500 for each expenditure greater than |
10 | | $500. The Board shall
also
have the authority
to render |
11 | | rulings and issue opinions relating to compliance with this
|
12 | | Section.
|
13 | | (c) Nothing in this Section prohibits the expenditure of |
14 | | funds of a
political
committee controlled by an officeholder |
15 | | or by a candidate to defray the customary and reasonable |
16 | | expenses of an
officeholder in
connection with the performance |
17 | | of governmental and public service functions.
|
18 | | (d) Nothing in this Section prohibits the funds of a |
19 | | political committee which is controlled by a person convicted |
20 | | of a violation of any of the offenses listed in subsection (a) |
21 | | of Section 10 of the Public Corruption Profit Forfeiture Act |
22 | | from being forfeited to the State under Section 15 of the |
23 | | Public Corruption Profit Forfeiture Act. |
24 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
25 | | (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
|
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1 | | Sec. 9-13. Audits of political committees. |
2 | | (a) The Board shall have the authority to order a |
3 | | political committee to conduct an audit of the financial |
4 | | records required to be maintained by the committee to ensure |
5 | | compliance with Sections 9-8.5 and 9-10. Audits ordered by the |
6 | | Board shall be conducted as provided in this Section and as |
7 | | provided by Board rule. |
8 | | (b) The Board may order a political committee to conduct |
9 | | an audit of its financial records for any of the following |
10 | | reasons: (i) a discrepancy between the ending balance of a |
11 | | reporting period and the beginning balance of the next |
12 | | reporting period, (ii) failure to account for previously |
13 | | reported investments or loans, or (iii) a discrepancy between |
14 | | reporting contributions received by or expenditures made for a |
15 | | political committee that are reported by another political |
16 | | committee, except the Board shall not order an audit pursuant |
17 | | to this item (iii) unless there is a willful pattern of |
18 | | inaccurate reporting or there is a pattern of similar |
19 | | inaccurate reporting involving similar contributions by the |
20 | | same contributor. Prior to ordering an audit, the Board shall |
21 | | afford the political committee due notice and an opportunity |
22 | | for a closed preliminary hearing. A political committee shall |
23 | | hire an entity qualified to perform an audit; except, a |
24 | | political committee shall not hire a person that has |
25 | | contributed to the political committee during the previous 4 |
26 | | years. |
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1 | | (c) In each calendar year, the Board shall randomly select |
2 | | order no more than 3% of registered political committees to |
3 | | conduct an audit. The Board shall establish a standard, |
4 | | scientific method of selecting the political committees that |
5 | | are to be audited so that every political committee has an |
6 | | equal mathematical chance of being selected. A political |
7 | | committee selected to conduct an audit through the random |
8 | | selection process shall only be required to conduct the audit |
9 | | if it was required to file at least one quarterly report during |
10 | | the period to be covered by the audit and has: (i) a fund |
11 | | balance of $10,000 or more as of the close of the most recent |
12 | | reporting period; (ii) an average closing fund balance of |
13 | | $10,000 or more on quarterly reports occurring during the |
14 | | 2-year period to be covered by the audit; or (iii) average |
15 | | total receipts of $10,000 or more on quarterly reports |
16 | | occurring during the 2-year period to be covered by the audit. |
17 | | Notwithstanding any other provision of this subsection, a |
18 | | political committee owing unpaid fines at the time of its |
19 | | random selection shall be ordered to conduct an audit. The |
20 | | Board shall not select additional registered political |
21 | | committees to conduct an audit to replace any of the |
22 | | originally selected political committees. |
23 | | (d) Upon receipt of notification from the Board ordering |
24 | | an audit, a political committee shall conduct an audit of the |
25 | | financial records required to be maintained by the committee |
26 | | to ensure compliance with the contribution limitations |
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1 | | established in Section 9-8.5 and the reporting requirements |
2 | | established in Section 9-3 and Section 9-10 for a period of 2 |
3 | | years from the close of the most recent reporting period or the |
4 | | period since the committee was previously ordered to conduct |
5 | | an audit, whichever is shorter. The entity performing the |
6 | | audit shall review the amount of funds and investments |
7 | | maintained by the political committee and ensure the financial |
8 | | records accurately account for any contributions and |
9 | | expenditures made by the political committee.
A certified copy |
10 | | of the audit shall be delivered to the Board within 60 calendar |
11 | | days after receipt of notice from the Board, unless the Board |
12 | | grants an extension to complete the audit. A political |
13 | | committee ordered to conduct an audit through the random |
14 | | selection process shall not be required to conduct another |
15 | | audit for a minimum of 5 years unless the Board has reason to |
16 | | believe the political committee is in violation of Section |
17 | | 9-3, 9-8.5, or 9-10. |
18 | | (e) The Board shall not disclose the name of any political |
19 | | committee ordered to conduct an audit or any documents in |
20 | | possession of the Board related to an audit unless, after |
21 | | review of the audit findings, the Board has reason to believe |
22 | | the political committee is in violation of Section 9-3, 9-8.5, |
23 | | or 9-10 and the Board imposed a fine. |
24 | | (f) Failure to deliver a certified audit in a timely |
25 | | manner is a business offense punishable by a fine of $250 per |
26 | | day that the audit is late, up to a maximum of $5,000.
|
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1 | | (Source: P.A. 100-784, eff. 8-10-18.)
|
2 | | (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
|
3 | | Sec. 10-3. Nomination of independent candidates (not |
4 | | candidates of
any political party), for any office to be |
5 | | filled by the voters of the
State at large may also be made by |
6 | | nomination papers signed in the
aggregate for each candidate |
7 | | by 1% of the number of voters who voted in
the next preceding |
8 | | Statewide general election or 25,000 qualified voters
of the |
9 | | State, whichever is less. Nominations of independent |
10 | | candidates
for public office within any district or political |
11 | | subdivision less than
the State, may be made by nomination |
12 | | papers signed in the aggregate for
each candidate by qualified |
13 | | voters of such district, or political
subdivision, equaling |
14 | | not less than 5%, nor more than 8% (or 50 more
than the |
15 | | minimum, whichever is greater) of the number of persons, who
|
16 | | voted at the next preceding regular election in such district |
17 | | or
political subdivision in which such district or political |
18 | | subdivision
voted as a unit for the election of officers to |
19 | | serve its respective
territorial area. However, whenever the |
20 | | minimum
signature requirement for an independent candidate |
21 | | petition for a
district or political subdivision office shall |
22 | | exceed the minimum number
of signatures for an independent |
23 | | candidate petition for an office to be
filled by the voters of |
24 | | the State at large at the next preceding
State-wide general |
25 | | election, such State-wide petition signature
requirement shall |
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1 | | be the minimum for an independent candidate petition
for such |
2 | | district or political subdivision office. For the first
|
3 | | election following a redistricting of congressional districts,
|
4 | | nomination papers for an independent candidate for |
5 | | congressperson congressman shall be
signed by at least 5,000 |
6 | | qualified voters of the congressional district.
For the first |
7 | | election following a redistricting of legislative
districts, |
8 | | nomination papers for an independent candidate for State
|
9 | | Senator in the General Assembly shall be signed by at
least |
10 | | 3,000 qualified voters of the legislative district. For the |
11 | | first
election following a redistricting of representative |
12 | | districts, nomination
papers for an independent candidate for |
13 | | State Representative in the General
Assembly shall be signed |
14 | | by at least 1,500 qualified voters of the
representative |
15 | | district. For the first election following redistricting of
|
16 | | county board districts, or of municipal wards or districts, or |
17 | | for the
first election following the initial establishment of |
18 | | such districts or
wards in a county or municipality, |
19 | | nomination papers
for an independent candidate for county |
20 | | board member, or for alderperson alderman or
trustee of such |
21 | | municipality, shall be signed by qualified voters of the
|
22 | | district or ward equal to not less than 5% nor more than 8% (or |
23 | | 50 more
than the minimum, whichever is greater) of the total |
24 | | number of votes cast
at the preceding general or general |
25 | | municipal election, as the case
may be, for the county or |
26 | | municipal office voted on throughout such county
or |
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1 | | municipality for which the greatest total number of votes were |
2 | | cast for
all candidates, divided by the number of districts or |
3 | | wards, but in any
event not less than 25 qualified voters of |
4 | | the district or ward. Each voter
signing a nomination paper |
5 | | shall add to his signature his place of
residence, and each |
6 | | voter may subscribe to one nomination for such
office to be |
7 | | filled, and no more: Provided that the name of any
candidate |
8 | | whose name may appear in any other place upon the ballot shall
|
9 | | not be so added by petition for the same office.
|
10 | | The person circulating the petition, or the candidate on |
11 | | whose behalf
the petition is circulated, may strike any |
12 | | signature from the petition,
provided that;
|
13 | | (1) the person striking the signature shall initial |
14 | | the petition at
the place where the signature is struck; |
15 | | and
|
16 | | (2) the person striking the signature shall sign a |
17 | | certification
listing the page number and line number of |
18 | | each signature struck from
the petition. Such |
19 | | certification shall be filed as a part of the
petition.
|
20 | | (3) the persons striking signatures from the petition |
21 | | shall each
sign an additional certificate specifying the |
22 | | number of certification
pages listing stricken signatures |
23 | | which are attached to the petition and
the page numbers |
24 | | indicated on such certifications. The certificate
shall be |
25 | | filed as a part of the petition, shall be numbered, and |
26 | | shall
be attached immediately following the last page of |
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1 | | voters' signatures
and before the certifications of |
2 | | stricken signatures.
|
3 | | (4) all of the foregoing requirements shall be |
4 | | necessary to effect a
valid striking of any signature. The |
5 | | provisions of this Section
authorizing the striking of |
6 | | signatures shall not impose any criminal
liability on any |
7 | | person so authorized for signatures which may be
|
8 | | fraudulent.
|
9 | | In the case of the offices of Governor and Lieutenant |
10 | | Governor a
joint petition including one candidate for each of |
11 | | those offices must be
filed.
|
12 | | A candidate for whom a nomination paper has been filed as a |
13 | | partisan
candidate at a primary election, and who is defeated |
14 | | for his or her
nomination at the primary election, is |
15 | | ineligible to be placed on the
ballot as an independent |
16 | | candidate for election in that general or
consolidated |
17 | | election.
|
18 | | A candidate seeking election to an office for which |
19 | | candidates of
political parties are nominated by caucus who is |
20 | | a participant in the
caucus and who is defeated for his or
her |
21 | | nomination at such caucus, is ineligible to be listed on the |
22 | | ballot at
that general or consolidated election as an |
23 | | independent candidate.
|
24 | | (Source: P.A. 95-699, eff. 11-9-07.)
|
25 | | (10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
|
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1 | | Sec. 10-4. Form of petition for nomination. All petitions |
2 | | for nomination
under this Article 10 for
candidates for public |
3 | | office in this State, shall in addition to other
requirements |
4 | | provided by law, be as follows: Such petitions shall
consist |
5 | | of sheets of uniform size and each sheet shall contain, above
|
6 | | the space for signature, an appropriate heading, giving the |
7 | | information
as to name of candidate or candidates in whose |
8 | | behalf such petition is
signed; the office; the party; place |
9 | | of residence; and such other
information or wording as |
10 | | required to make same valid, and the heading
of each sheet |
11 | | shall be the same. Such petition shall be signed by the
|
12 | | qualified voters in their own proper persons only, and |
13 | | opposite the
signature of each signer his residence address |
14 | | shall be written or
printed. The residence address required to |
15 | | be written or printed
opposite each qualified primary |
16 | | elector's name shall include the street
address or rural route |
17 | | number of the signer, as the case may be, as well as
the |
18 | | signer's county, and city, village or town, and state. |
19 | | However,
the county or city, village or
town, and state of |
20 | | residence of such electors may be printed on the
petition |
21 | | forms where all of the electors signing the petition
reside in |
22 | | the same county or city, village or town, and state. Standard
|
23 | | abbreviations may be used in writing the residence address, |
24 | | including
street number, if any. Except as otherwise provided |
25 | | in this Code, no No signature shall be valid or be counted in
|
26 | | considering the validity or sufficiency of such petition |
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1 | | unless the
requirements of this Section are complied with. At |
2 | | the bottom of each
sheet of such petition shall be added a |
3 | | circulator's statement, signed by a
person 18
years of age or |
4 | | older who is a citizen of the United States; stating the street |
5 | | address or rural route
number, as the case may be, as well as |
6 | | the county,
city,
village or town, and state; certifying that |
7 | | the signatures on that sheet of
the petition
were signed in his |
8 | | or her presence; certifying that the signatures are
genuine;
|
9 | | and either (1) indicating the dates on which that sheet was |
10 | | circulated, or (2)
indicating the first and last dates on |
11 | | which the sheet was circulated, or (3)
certifying that none of |
12 | | the signatures on the sheet were signed more than 90
days |
13 | | preceding the last day for the filing of the petition; and
|
14 | | certifying
that to the best of his knowledge and belief the |
15 | | persons so signing were at the
time of signing the petition |
16 | | duly registered voters under Articles 4, 5 or 6 of
the Code of |
17 | | the political subdivision or district for which the candidate |
18 | | or
candidates shall be nominated, and certifying that their |
19 | | respective residences
are correctly stated therein. Such |
20 | | statement shall be sworn to before some
officer authorized to |
21 | | administer oaths in this State. Except as otherwise provided |
22 | | in this Code, no No petition sheet shall
be circulated more |
23 | | than 90 days preceding the last day provided in Section 10-6
|
24 | | for the filing of such petition. Such sheets, before being |
25 | | presented to the
electoral board or filed with the proper |
26 | | officer of the electoral district or
division of the state or |
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1 | | municipality, as the case may be, shall be neatly
fastened |
2 | | together in book form, by placing the sheets in a pile and |
3 | | fastening
them together at one edge in a secure and suitable |
4 | | manner, and the sheets shall
then be numbered consecutively. |
5 | | The sheets shall not be fastened by pasting
them together end |
6 | | to end, so as to form a continuous strip or roll. All
petition |
7 | | sheets which are filed with the proper local election |
8 | | officials,
election authorities or the State Board of |
9 | | Elections shall be the original
sheets which have been signed |
10 | | by the voters and by the circulator, and not
photocopies or |
11 | | duplicates of such sheets. A petition, when presented or
|
12 | | filed, shall not be withdrawn, altered, or added to, and no |
13 | | signature shall be
revoked except by revocation in writing |
14 | | presented or filed with the officers or
officer with whom the |
15 | | petition is required to be presented or filed, and before
the |
16 | | presentment or filing of such petition. Whoever forges any |
17 | | name of a
signer upon any petition shall be deemed guilty of a |
18 | | forgery, and on conviction
thereof, shall be punished |
19 | | accordingly. The word "petition" or "petition for
nomination", |
20 | | as used herein, shall mean what is sometimes known as |
21 | | nomination
papers, in distinction to what is known as a |
22 | | certificate of nomination. The
words "political division for |
23 | | which the candidate is nominated", or its
equivalent, shall |
24 | | mean the largest political division in which all qualified
|
25 | | voters may vote upon such candidate or candidates, as the |
26 | | state in the case of
state officers; the township in the case |
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1 | | of township officers et cetera.
Provided, further, that no |
2 | | person shall circulate or certify petitions for
candidates of |
3 | | more than one political party, or for an independent candidate |
4 | | or
candidates in addition to one political party, to be voted |
5 | | upon at the next
primary or general election, or for such |
6 | | candidates and parties with respect to
the same political |
7 | | subdivision at the next consolidated election.
|
8 | | (Source: P.A. 98-756, eff. 7-16-14.)
|
9 | | (10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
|
10 | | Sec. 10-5.1. In the designation of the name of a candidate |
11 | | on a certificate of
nomination or nomination papers the |
12 | | candidate's given name or names,
initial or initials, a |
13 | | nickname by which the candidate is commonly
known, or a |
14 | | combination thereof, may be used in addition to the
|
15 | | candidate's surname. If a candidate has changed his or her |
16 | | name, whether by a statutory or common law procedure in |
17 | | Illinois or any other jurisdiction, within 3 years before the |
18 | | last day for filing the certificate of nomination or |
19 | | nomination papers for that office, whichever is applicable, |
20 | | then (i) the candidate's name on the certificate or papers |
21 | | must be followed by "formerly known as (list all prior names |
22 | | during the 3-year period) until name changed on (list date of |
23 | | each such name change)" and (ii) the certificate or paper must |
24 | | be accompanied by the candidate's affidavit stating the |
25 | | candidate's previous names during the period specified in (i) |
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1 | | and the date or dates each of those names was changed; failure |
2 | | to meet these requirements shall be grounds for denying |
3 | | certification of the candidate's name for the ballot or |
4 | | removing the candidate's name from the ballot, as appropriate, |
5 | | but these requirements do not apply to name changes resulting |
6 | | from adoption to assume an adoptive parent's or parents' |
7 | | surname, marriage or civil union to assume a spouse's surname, |
8 | | or dissolution of marriage or civil union or declaration of |
9 | | invalidity of marriage or civil union to assume a former |
10 | | surname or a name change that conforms the candidate's name to |
11 | | his or her gender identity . No other designation such as a |
12 | | political slogan,
title, or
degree, or
nickname suggesting or |
13 | | implying possession of a title, degree or professional
status, |
14 | | or
similar information may be used in connection with the |
15 | | candidate's
surname.
|
16 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
|
17 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
|
18 | | Sec. 10-6. Time and manner of filing. Except as otherwise |
19 | | provided in this Code, certificates Certificates
of
nomination |
20 | | and nomination papers for the nomination of candidates for
|
21 | | offices to be filled by electors of the entire State, or any |
22 | | district
not entirely within a county, or for congressional, |
23 | | state legislative or
judicial offices, shall be presented to |
24 | | the principal office of the
State Board of Elections not more |
25 | | than 141 nor less than 134
days previous
to the day of election |
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1 | | for which the candidates are nominated. The
State Board of |
2 | | Elections shall endorse the certificates of nomination or
|
3 | | nomination papers, as the case may be, and the date and hour of
|
4 | | presentment to it. Except as otherwise provided in this Code |
5 | | section , all
other certificates for the nomination of |
6 | | candidates shall be filed with
the county clerk of the |
7 | | respective counties not more than 141 but at
least 134 days |
8 | | previous to the day of such election. Certificates of |
9 | | nomination and nomination papers for the nomination of |
10 | | candidates for school district offices to be filled at |
11 | | consolidated elections shall be filed with the county clerk or |
12 | | county board of election commissioners of the county in which |
13 | | the principal office of the school district is located not |
14 | | more than 113 nor less than 106 days before the consolidated |
15 | | election. Except as otherwise provided in this Code, |
16 | | certificates Certificates
of
nomination and nomination papers |
17 | | for the nomination of candidates for
the other offices of |
18 | | political subdivisions to be filled at regular elections
other |
19 | | than the general election shall be filed with the local |
20 | | election
official of such subdivision:
|
21 | | (1) (Blank);
|
22 | | (2) not more than 113 nor less than 106 days prior to |
23 | | the
consolidated
election; or
|
24 | | (3) not more than 113 nor less than 106 days prior to |
25 | | the general
primary in the case of municipal offices to be |
26 | | filled at the general
primary election; or
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1 | | (4) not more than 99 nor less than 92 days before the
|
2 | | consolidated
primary in the case of municipal offices to |
3 | | be elected on a nonpartisan
basis pursuant to law |
4 | | (including without limitation, those municipal
offices |
5 | | subject to Articles 4 and 5 of the Municipal Code); or
|
6 | | (5) not more than 113 nor less than 106 days before the |
7 | | municipal
primary in even numbered years for such |
8 | | nonpartisan municipal offices
where annual elections are |
9 | | provided; or
|
10 | | (6) in the case of petitions for the office of |
11 | | multi-township assessor,
such petitions shall be filed |
12 | | with the election authority not more than
113 nor less |
13 | | than 106 days before the consolidated election.
|
14 | | However, where a political subdivision's boundaries are |
15 | | co-extensive
with or are entirely within the jurisdiction of a |
16 | | municipal board of
election commissioners, the certificates of |
17 | | nomination and nomination
papers for candidates for such |
18 | | political subdivision offices shall be filed
in the office of |
19 | | such Board.
|
20 | | (Source: P.A. 98-691, eff. 7-1-14; 99-522, eff. 6-30-16.)
|
21 | | (10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
|
22 | | Sec. 10-7.
Except as otherwise provided in this Code, any |
23 | | Any person whose name has been presented as a candidate, |
24 | | including nonpartisan and independent candidates,
may cause |
25 | | his name to be withdrawn from any such nomination by his
|
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1 | | request in writing, signed by him and duly acknowledged before |
2 | | an
officer qualified to take acknowledgment of deeds, and |
3 | | presented to the
principal office or permanent branch office |
4 | | of the Board, the election
authority, or the local election |
5 | | official, as the case may be, not later
than the date for |
6 | | certification of candidates for the ballot. No name so
|
7 | | withdrawn shall be printed upon the ballots under the party |
8 | | appellation or
title from which the candidate has withdrawn |
9 | | his name. If such a request for withdrawal is received after |
10 | | the date for certification of the candidates for the ballot, |
11 | | then the votes cast for the withdrawn candidate are invalid |
12 | | and shall not be reported by the election authority. If the |
13 | | name of the
same person has been presented as a candidate for 2 |
14 | | or more offices which
are incompatible so that the same person |
15 | | could not serve in more than one
of such offices if elected, |
16 | | that person must withdraw as a candidate for
all but one of |
17 | | such offices within the 5 business days following the last
day |
18 | | for petition filing. If he fails to withdraw as a candidate for |
19 | | all
but one of such offices within such time, his name shall |
20 | | not be certified,
nor printed on the ballot, for any office. |
21 | | However, nothing in this section
shall be construed as |
22 | | precluding a judge who is seeking retention in office
from |
23 | | also being a candidate for another judicial office. Except as
|
24 | | otherwise herein provided, in case the certificate of |
25 | | nomination or
petition as provided for in this Article shall |
26 | | contain or exhibit the name
of any candidate for any office |
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1 | | upon more than one of said certificates or
petitions (for the |
2 | | same office), then and in that case the Board or
election |
3 | | authority or local election official, as the case may be, |
4 | | shall
immediately notify said candidate of said fact and that |
5 | | his name appears
unlawfully upon more than one of said |
6 | | certificates or petitions and that
within 3 days from the |
7 | | receipt of said notification, said candidate must
elect as to |
8 | | which of said political party appellations or groups he |
9 | | desires
his name to appear and remain under upon said ballot, |
10 | | and if said candidate
refuses, fails or neglects to make such |
11 | | election, then and in that case the
Board or election |
12 | | authority or local election official, as the case may be,
|
13 | | shall permit the name of said candidate to appear or be printed |
14 | | or placed
upon said ballot only under the political party |
15 | | appellation or group
appearing on the certificate of |
16 | | nomination or petition, as the case may be,
first filed, and |
17 | | shall strike or cause to be stricken the name of said
candidate |
18 | | from all certificates of nomination and petitions
filed after |
19 | | the first such certificate of nomination or petition.
|
20 | | Whenever the name of a candidate for an office is |
21 | | withdrawn from a new
political party petition, it shall |
22 | | constitute a vacancy in nomination for
that office which may |
23 | | be filled in accordance with Section 10-11 of this
Article; |
24 | | provided, that if the names of all candidates for all offices |
25 | | on
a new political party petition are withdrawn or such |
26 | | petition is declared
invalid by an electoral board or upon |
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1 | | judicial review, no vacancies in
nomination for those offices |
2 | | shall exist and the filing of any notice or
resolution |
3 | | purporting to fill vacancies in nomination shall have no legal |
4 | | effect.
|
5 | | Whenever the name of an independent candidate for an |
6 | | office is withdrawn
or an independent candidate's petition is |
7 | | declared invalid by an electoral
board or upon judicial |
8 | | review, no vacancy in nomination for that office
shall exist |
9 | | and the filing of any notice or resolution purporting to fill
a |
10 | | vacancy in nomination shall have no legal effect.
|
11 | | All certificates of nomination and nomination papers when |
12 | | presented or
filed shall be open, under proper regulation, to |
13 | | public inspection, and the
State Board of Elections and the |
14 | | several election authorities and local
election officials |
15 | | having charge of nomination papers shall preserve the
same in |
16 | | their respective offices not less than 6 months.
|
17 | | (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15 .)
|
18 | | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
|
19 | | Sec. 10-8.
Except as otherwise provided in this Code, |
20 | | certificates Certificates of nomination and nomination papers, |
21 | | and
petitions to submit public questions to a referendum, |
22 | | being filed as
required by this Code, and being in apparent |
23 | | conformity with the
provisions of this Act, shall be deemed to |
24 | | be valid unless objection
thereto is duly made in writing |
25 | | within 5 business days after the last day for
filing the |
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1 | | certificate of nomination or nomination papers or petition
for |
2 | | a public question, with the following exceptions:
|
3 | | A. In the case of petitions to amend Article IV of the
|
4 | | Constitution of the State of Illinois, there shall be a |
5 | | period of 35
business days after the last day for the |
6 | | filing of such
petitions in which objections can be filed.
|
7 | | B. In the case of petitions for advisory questions of |
8 | | public policy to be
submitted to the voters of the entire |
9 | | State, there shall be a period of
35 business days after |
10 | | the last day for the filing of such
petitions in which |
11 | | objections can be filed.
|
12 | | Any legal voter of the political subdivision or district |
13 | | in which the
candidate or public question is to be voted on, or |
14 | | any legal voter in
the State in the case of a proposed |
15 | | amendment to Article IV of the
Constitution or an advisory |
16 | | public question to be submitted to the
voters of the entire |
17 | | State, having objections to any certificate of nomination
or |
18 | | nomination papers or petitions filed, shall file an objector's |
19 | | petition
together with 2 copies thereof in the principal |
20 | | office or the permanent branch
office of the State Board of |
21 | | Elections, or in the office of the election
authority or local |
22 | | election official with whom the certificate of
nomination, |
23 | | nomination papers or petitions are on file. Objection |
24 | | petitions that do not include 2 copies thereof, shall not be |
25 | | accepted.
In the case of nomination papers or certificates of |
26 | | nomination,
the State Board of Elections, election authority |
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1 | | or local election official
shall note the day and hour upon |
2 | | which such objector's
petition is filed, and shall, not later |
3 | | than 12:00
noon on the second business day after receipt of the
|
4 | | petition, transmit by registered mail or receipted
personal |
5 | | delivery the certificate of nomination or nomination papers |
6 | | and
the original objector's petition to the chair of the |
7 | | proper electoral
board designated in Section 10-9 hereof, or |
8 | | his authorized agent, and
shall transmit a copy by registered |
9 | | mail or receipted personal delivery
of the objector's |
10 | | petition, to the candidate whose certificate of nomination
or |
11 | | nomination papers are objected to, addressed to the place of |
12 | | residence
designated in said certificate of nomination or |
13 | | nomination papers. In the
case of objections to a petition for |
14 | | a proposed amendment to Article IV of
the Constitution or for |
15 | | an advisory public question to be submitted to the
voters of |
16 | | the entire State, the State Board of Elections shall note the |
17 | | day
and hour upon which such objector's petition is filed and |
18 | | shall transmit a
copy of the objector's petition by registered |
19 | | mail or receipted personal
delivery to the person designated |
20 | | on a certificate attached to the petition
as the principal |
21 | | proponent of such proposed amendment or public question,
or as |
22 | | the proponents' attorney, for the purpose of receiving notice |
23 | | of
objections. In the case of objections to a petition for a |
24 | | public question,
to be submitted to the voters of a political |
25 | | subdivision, or district
thereof, the election authority or |
26 | | local election official with whom such
petition is filed shall |
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1 | | note the day and hour upon which such
objector's petition was |
2 | | filed, and shall, not later than 12:00 noon on the
second |
3 | | business day after receipt of the petition,
transmit by |
4 | | registered mail or receipted personal delivery
the petition |
5 | | for the public question and the original objector's petition
|
6 | | to the chair of the proper electoral board designated in |
7 | | Section 10-9
hereof, or his authorized agent, and shall |
8 | | transmit a copy by
registered mail or receipted personal |
9 | | delivery, of the objector's petition
to the person designated |
10 | | on a certificate attached to the petition as the
principal |
11 | | proponent of the public question, or as the proponent's |
12 | | attorney,
for the purposes of receiving notice of objections.
|
13 | | The objector's petition shall give the objector's name and |
14 | | residence
address, and shall state fully the nature of the |
15 | | objections to the
certificate of nomination or nomination |
16 | | papers or petitions in question,
and shall state the interest |
17 | | of the objector and shall state what relief
is requested of the |
18 | | electoral board.
|
19 | | The provisions of this Section and of Sections 10-9, 10-10 |
20 | | and
10-10.1 shall also apply to and govern objections to |
21 | | petitions for
nomination filed under Article 7 or Article 8, |
22 | | except as otherwise
provided in Section 7-13 for cases to |
23 | | which it is applicable, and also
apply to and govern petitions |
24 | | for the submission of public questions under
Article 28.
|
25 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
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1 | | (10 ILCS 5/10-14) (from Ch. 46, par. 10-14)
|
2 | | Sec. 10-14. Except as otherwise provided in this Code, not |
3 | | Not less than 74 days before the date of the general election
|
4 | | the State Board of Elections shall certify to the county clerk |
5 | | of each
county the name of each candidate whose nomination |
6 | | papers,
certificate of nomination or resolution to fill a |
7 | | vacancy in nomination
has been filed with
the State Board of |
8 | | Elections and direct the county clerk to place upon
the |
9 | | official ballot for the general election the names of such |
10 | | candidates
in the same manner and in the same order as shown |
11 | | upon the certification. The name of no
candidate for an office |
12 | | to
be filled by the electors of the entire state shall be |
13 | | placed upon the
official ballot unless his name is duly |
14 | | certified to the county clerk
upon a certificate signed by the |
15 | | members of the State Board of
Elections. The names of group |
16 | | candidates on petitions shall be certified
to the several |
17 | | county clerks in the order
in which such names appear on such |
18 | | petitions filed with
the State Board of Elections.
|
19 | | Except as otherwise provided in this Code, not Not less |
20 | | than 68 days before the date of the general election, each
|
21 | | county clerk shall certify the names of each of the candidates |
22 | | for county
offices whose nomination papers, certificates of |
23 | | nomination or resolutions
to fill a vacancy in nomination have |
24 | | been filed with such clerk and declare
that the names of such |
25 | | candidates for the respective offices shall be
placed upon the |
26 | | official ballot for the general election in the same manner
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1 | | and in the same order as shown upon the certification. Each |
2 | | county clerk
shall place a copy of the certification on file in |
3 | | his or her office and at
the same time issue to the State Board |
4 | | of Elections a copy of such
certification. In addition, each |
5 | | county clerk in whose county there is a
board of election |
6 | | commissioners
shall, not
less than 69 days before the |
7 | | election, certify to the board of election
commissioners the |
8 | | name of the person or persons nominated for such
office as |
9 | | shown by the certificate of the State Board of Elections,
|
10 | | together with the names of all other candidates as shown
by the |
11 | | certification of county officers on file in the clerk's |
12 | | office, and
in the order so certified. The county clerk or |
13 | | board of election commissioners
shall print
the names of the |
14 | | nominees on the ballot for each office in the order in
which |
15 | | they are certified to or filed with the county clerk; |
16 | | provided,
that in printing the name of nominees for any |
17 | | office, if any of such
nominees have also been nominated by one |
18 | | or more political parties
pursuant to this Act, the location |
19 | | of the name of such candidate on the
ballot for nominations |
20 | | made under this Article shall be precisely in the
same order in |
21 | | which it appears on the certification of the State Board
of |
22 | | Elections to the county clerk.
|
23 | | For the general election,
the candidates of new political |
24 | | parties shall be placed on the ballot for
said election after |
25 | | the established political party candidates
and in the order of |
26 | | new political party petition filings.
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1 | | Each certification shall indicate, where applicable, the |
2 | | following:
|
3 | | (1) The political party affiliation if any, of the |
4 | | candidates for the
respective offices;
|
5 | | (2) If there is to be more than one candidate elected |
6 | | to an office from
the State, political subdivision or |
7 | | district;
|
8 | | (3) If the voter has the right to vote for more than |
9 | | one candidate for an office;
|
10 | | (4) The term of office, if a vacancy is to be filled |
11 | | for less than a
full term or if the offices to be filled in |
12 | | a political subdivision are for
different terms.
|
13 | | The State Board of Elections or the county clerk, as the |
14 | | case may be,
shall issue an amended certification whenever it |
15 | | is discovered that the
original certification is in error.
|
16 | | (Source: P.A. 96-1008, eff. 7-6-10.)
|
17 | | (10 ILCS 5/11-8 new) |
18 | | Sec. 11-8. Vote centers. |
19 | | (a) Notwithstanding any law to the contrary, election
|
20 | | authorities shall establish one location to be located at an
|
21 | | office of the election authority or in the largest |
22 | | municipality
within its jurisdiction where all voters in its |
23 | | jurisdiction
are allowed to vote on election day during |
24 | | polling place hours,
regardless of the precinct in which they |
25 | | are registered. An
election authority establishing such a |
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1 | | location under this Section shall identify the location, hours |
2 | | of
operation, and health and safety requirements by the 40th |
3 | | day
preceding the 2022 general primary election and certify |
4 | | such to the
State Board of Election. |
5 | | (b) This Section is repealed on January 1, 2023.
|
6 | | (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
|
7 | | Sec. 16-3. (a) The names of all candidates to be voted for |
8 | | in each
election district or precinct shall be printed on one |
9 | | ballot, except as
is provided in Sections 16-6.1 and 21-1.01 |
10 | | of this Act and except as otherwise
provided in this Act with |
11 | | respect to the odd year regular elections and
the emergency |
12 | | referenda; all nominations
of any political party being placed |
13 | | under the party appellation or title
of such party as |
14 | | designated in the certificates of nomination or
petitions. The |
15 | | names of all independent candidates shall be printed upon
the |
16 | | ballot in a column or columns under the heading "independent"
|
17 | | arranged under the names or titles of the respective offices |
18 | | for which
such independent candidates shall have been |
19 | | nominated and so far as
practicable, the name or names of any |
20 | | independent candidate or
candidates for any office shall be |
21 | | printed upon the ballot opposite the
name or names of any |
22 | | candidate or candidates for the same office
contained in any |
23 | | party column or columns upon said ballot. The ballot
shall |
24 | | contain no other names, except that in cases of electors for
|
25 | | President and Vice-President of the United States, the names |
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1 | | of the
candidates for President and Vice-President may be |
2 | | added to the party
designation and words calculated to aid the |
3 | | voter in his choice of candidates
may be added, such as "Vote |
4 | | for one," "Vote for not more than three." If no candidate or |
5 | | candidates file for an office and if no person or persons file |
6 | | a declaration as a write-in candidate for that office, then |
7 | | below the title of that office the election authority instead |
8 | | shall print "No Candidate". When an electronic
voting system |
9 | | is used which utilizes a ballot label booklet, the candidates
|
10 | | and questions shall appear on the pages of such booklet in the |
11 | | order
provided by this Code; and, in any case where candidates |
12 | | for an office
appear on a page which does not contain the name |
13 | | of any candidate for
another office, and where less than 50% of |
14 | | the page is utilized, the name of
no candidate shall be printed |
15 | | on the lowest 25% of such page. On the back or
outside of the |
16 | | ballot, so as to appear when folded, shall be printed the words
|
17 | | "Official Ballot", followed by the designation of the polling |
18 | | place for
which the ballot is prepared, the date of the |
19 | | election and a facsimile
of the signature of the election |
20 | | authority who has caused the ballots to
be printed. The |
21 | | ballots shall be of plain white paper, through which the
|
22 | | printing or writing cannot be read. However, ballots for use |
23 | | at the
nonpartisan and consolidated elections may be printed |
24 | | on different color
paper, except blue paper, whenever |
25 | | necessary or desirable to facilitate
distinguishing between |
26 | | ballots for different political subdivisions. In
the case of |
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1 | | nonpartisan elections for officers of a political
subdivision, |
2 | | unless the statute or an ordinance adopted pursuant to
Article |
3 | | VII of the Constitution providing the form of government
|
4 | | therefor requires otherwise, the column listing such |
5 | | nonpartisan
candidates shall be printed with no appellation or |
6 | | circle at its head.
The party appellation or title, or the word |
7 | | "independent" at the head of
any column provided for |
8 | | independent candidates, shall be printed in letters not less |
9 | | than one-fourth of an inch in height
and a
circle one-half inch |
10 | | in diameter shall be printed at the beginning of
the line in |
11 | | which such appellation or title is printed, provided,
however, |
12 | | that no such circle shall be printed at the head of any column
|
13 | | or columns provided for such independent candidates. The names |
14 | | of
candidates shall be printed in letters not less than |
15 | | one-eighth
nor more than one-fourth of an inch in height, and |
16 | | at the beginning of
each line in which a name of a candidate is |
17 | | printed a square shall be
printed, the sides of which shall be |
18 | | not less than one-fourth of an inch
in length. However, the |
19 | | names of the candidates for Governor and
Lieutenant Governor |
20 | | on the same ticket shall be printed within a bracket
and a |
21 | | single square shall be printed in front of the bracket. The |
22 | | list
of candidates of the several parties and any such list of |
23 | | independent
candidates shall be placed in separate columns on |
24 | | the ballot in such
order as the election authorities charged |
25 | | with the printing of the
ballots shall decide; provided, that |
26 | | the names of the candidates of the
several political parties, |
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1 | | certified by the State Board of Elections to
the several |
2 | | county clerks shall be printed by the county clerk of the
|
3 | | proper county on the official ballot in the order certified by |
4 | | the State
Board of Elections. Any county clerk refusing, |
5 | | neglecting or failing to
print on the official ballot the |
6 | | names of candidates of the several
political parties in the |
7 | | order certified by the State Board of
Elections, and any |
8 | | county clerk who prints or causes to be printed upon
the |
9 | | official ballot the name of a candidate, for an office to be |
10 | | filled
by the Electors of the entire State, whose name has not |
11 | | been duly
certified to him upon a certificate signed by the |
12 | | State Board of
Elections shall be guilty of a Class C |
13 | | misdemeanor.
|
14 | | (b) When an electronic voting system is used which |
15 | | utilizes a ballot
card,
on the inside flap of each ballot card |
16 | | envelope there shall be printed
a form for write-in voting |
17 | | which shall be substantially as follows:
|
18 | | WRITE-IN VOTES
|
19 | | (See card of instructions for specific information. |
20 | | Duplicate form below
by hand for additional write-in votes.)
|
21 | | _____________________________
|
22 | | Title of Office
|
23 | | ( ) ____________________________
|
24 | | Name of Candidate
|
25 | | Write-in lines equal to the number of candidates for which |
26 | | a voter may vote shall be printed for an office only if one or |
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1 | | more persons filed declarations of intent to be write-in |
2 | | candidates or qualify to file declarations to be write-in |
3 | | candidates under Sections 17-16.1 and 18-9.1 when the |
4 | | certification of ballot contains the words "OBJECTION |
5 | | PENDING".
|
6 | | (c) When an electronic voting system is used which uses a |
7 | | ballot sheet,
the
instructions to voters on the ballot sheet |
8 | | shall refer the voter to the
card of instructions for specific |
9 | | information on write-in voting. Below
each office appearing on |
10 | | such ballot sheet there shall be a provision for
the casting of |
11 | | a write-in vote. Write-in lines equal to the number of |
12 | | candidates for which a voter may vote shall be printed for an |
13 | | office only if one or more persons filed declarations of |
14 | | intent to be write-in candidates or qualify to file |
15 | | declarations to be write-in candidates under Sections 17-16.1 |
16 | | and 18-9.1 when the certification of ballot contains the words |
17 | | "OBJECTION PENDING".
|
18 | | (d) When such electronic system is used, there shall be |
19 | | printed on the
back of each ballot card, each ballot card |
20 | | envelope, and
the first page of the ballot label when a ballot |
21 | | label is used, the
words "Official Ballot," followed by the |
22 | | number of the
precinct or other precinct identification, which |
23 | | may be stamped, in lieu
thereof and, as applicable, the number |
24 | | and name of the township, ward
or other election district for |
25 | | which the ballot card, ballot card
envelope, and ballot label |
26 | | are prepared, the date of the election and a
facsimile of the |
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1 | | signature of the election authority who has caused the
ballots |
2 | | to be printed. The back of the ballot card shall also include
a |
3 | | method of identifying the ballot configuration such as a |
4 | | listing of the
political subdivisions and districts for which |
5 | | votes may be cast on that
ballot, or a number code identifying |
6 | | the ballot configuration or color coded
ballots, except that |
7 | | where there is only one ballot configuration in a
precinct, |
8 | | the precinct identification, and any applicable ward
|
9 | | identification, shall be sufficient. Ballot card envelopes |
10 | | used in punch
card systems shall be of paper through which no |
11 | | writing or punches may be
discerned and shall be of sufficient |
12 | | length to enclose all voting
positions. However, the election |
13 | | authority may provide
ballot card envelopes on which no |
14 | | precinct number or township, ward or
other election district |
15 | | designation, or election date are preprinted, if
space and a |
16 | | preprinted form are provided below the space provided for
the |
17 | | names of write-in candidates where such information may be |
18 | | entered
by the judges of election. Whenever an election |
19 | | authority utilizes
ballot card envelopes on which the election |
20 | | date and precinct is not
preprinted, a judge of election shall |
21 | | mark such information for the
particular precinct and election |
22 | | on the envelope in ink before tallying
and counting any |
23 | | write-in vote written thereon.
If some method of insuring |
24 | | ballot secrecy other than an envelope is used,
such |
25 | | information must be provided on the ballot itself.
|
26 | | (e) In the designation of the name of a candidate on the |
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1 | | ballot, the
candidate's given name or names, initial or |
2 | | initials, a nickname by
which the candidate is commonly known, |
3 | | or a combination thereof, may be
used in addition to the |
4 | | candidate's surname. If a candidate has changed his or her |
5 | | name, whether by a statutory or common law procedure in |
6 | | Illinois or any other jurisdiction, within 3 years before the |
7 | | last day for filing the petition for nomination, nomination |
8 | | papers, or certificate of nomination for that office, |
9 | | whichever is applicable, then (i) the candidate's name on the |
10 | | ballot must be followed by "formerly known as (list all prior |
11 | | names during the 3-year period) until name changed on (list |
12 | | date of each such name change)" and (ii) the petition, papers, |
13 | | or certificate must be accompanied by the candidate's |
14 | | affidavit stating the candidate's previous names during the |
15 | | period specified in (i) and the date or dates each of those |
16 | | names was changed; failure to meet these requirements shall be |
17 | | grounds for denying certification of the candidate's name for |
18 | | the ballot or removing the candidate's name from the ballot, |
19 | | as appropriate, but these requirements do not apply to name |
20 | | changes resulting from adoption to assume an adoptive parent's |
21 | | or parents' surname, marriage or civil union to assume a |
22 | | spouse's surname, or dissolution of marriage or civil union or |
23 | | declaration of invalidity of marriage or civil union to assume |
24 | | a former surname or a name change that conforms the |
25 | | candidate's name to his or her gender identity . No other |
26 | | designation such
as a political slogan, title, or degree or |
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1 | | nickname suggesting or
implying possession of a
title, degree |
2 | | or professional status, or similar information may be used
in |
3 | | connection with the candidate's surname.
For purposes of this |
4 | | Section, a "political slogan" is defined as any
word or words |
5 | | expressing or connoting a position, opinion, or belief that |
6 | | the
candidate may espouse, including but not limited to, any |
7 | | word or words
conveying any meaning other than that of the |
8 | | personal identity of the
candidate. A
candidate may not use a |
9 | | political slogan as part of his or her name on the
ballot, |
10 | | notwithstanding that the political slogan may be part of the
|
11 | | candidate's name.
|
12 | | (f) The State Board of Elections, a local election |
13 | | official, or an
election
authority shall remove any |
14 | | candidate's name designation from a ballot that is
|
15 | | inconsistent with subsection (e) of this Section. In addition, |
16 | | the State Board
of Elections, a local election official, or an |
17 | | election authority shall not
certify to any election authority |
18 | | any candidate name designation that is
inconsistent with |
19 | | subsection (e) of this Section.
|
20 | | (g) If the State Board of Elections, a local election |
21 | | official, or an
election
authority removes a candidate's name |
22 | | designation from a ballot under
subsection (f) of this |
23 | | Section, then the aggrieved candidate may seek
appropriate |
24 | | relief in circuit court.
|
25 | | Where voting machines or electronic voting systems are |
26 | | used, the
provisions of this Section may be modified as |
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1 | | required or authorized by
Article 24 or Article 24A, whichever |
2 | | is applicable.
|
3 | | Nothing in this Section shall prohibit election |
4 | | authorities from using
or reusing ballot card envelopes which |
5 | | were printed before the effective
date of this amendatory Act |
6 | | of 1985.
|
7 | | (Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07; |
8 | | 95-862, eff. 8-19-08.)
|
9 | | (10 ILCS 5/16-5.01) (from Ch. 46, par. 16-5.01)
|
10 | | Sec. 16-5.01. (a) Except as otherwise provided in this |
11 | | Code, the The election authority shall, at least 46
days prior |
12 | | to the date of any election at which federal officers
are |
13 | | elected and 45 days prior to any other regular election, have a
|
14 | | sufficient number of ballots printed so that such ballots will |
15 | | be available
for mailing 45 days prior to the date of the |
16 | | election to persons who have
filed application for a ballot |
17 | | under the provisions of Article 20 of this Act.
|
18 | | (b) If at any election at which federal offices are |
19 | | elected
or nominated the election authority is unable to |
20 | | comply with the provisions
of subsection (a), the election |
21 | | authority shall mail to each such person, in
lieu of the |
22 | | ballot, a Special Write-in Vote by Mail Voter's Blank Ballot.
|
23 | | The Special Write-in Vote by Mail Voter's Blank Ballot shall |
24 | | be used at
all elections at which federal officers are elected |
25 | | or nominated and shall be
prepared by the election authority |
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1 | | in substantially the following form:
|
2 | | Special Write-in Vote by Mail Voter's Blank Ballot
|
3 | | (To vote for a person, write the title of the office and |
4 | | his or her name
on the lines provided. Place to the left of and |
5 | | opposite the title of
office a square and place a cross (X) in |
6 | | the square.)
|
7 | | Title of Office Name of Candidate
|
8 | | ( )
|
9 | | ( )
|
10 | | ( )
|
11 | | ( )
|
12 | | ( )
|
13 | | ( )
|
14 | | The election authority shall send with the Special |
15 | | Write-in Vote by Mail
Voter's Blank Ballot a list of all |
16 | | referenda for which the voter is qualified
to vote and all |
17 | | candidates for whom nomination papers have been filed and
for |
18 | | whom the voter is qualified to vote. The voter shall be |
19 | | entitled to
write in the name of any candidate seeking
|
20 | | election and any referenda for which he or she is entitled to |
21 | | vote.
|
22 | | On the back or outside of the ballot, so as to appear when |
23 | | folded, shall
be printed the words "Official Ballot", the date |
24 | | of the election and a
facsimile of the signature of the |
25 | | election authority who has caused the
ballot to be printed.
|
26 | | The provisions of Article 20, insofar as they may be |
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1 | | applicable to the
Special Write-in Vote by Mail Voter's Blank |
2 | | Ballot, shall be applicable herein.
|
3 | | (c) Notwithstanding any provision of this Code or other |
4 | | law
to the contrary, the governing body of a municipality may |
5 | | adopt, upon submission of a written statement by the |
6 | | municipality's election authority attesting to the |
7 | | administrative ability of the election authority to administer |
8 | | an election using a ranked ballot to the municipality's |
9 | | governing body,
an ordinance requiring, and that |
10 | | municipality's election
authority shall prepare, a ranked vote |
11 | | by mail ballot for
municipal and township office candidates to |
12 | | be voted on in the consolidated
election.
This ranked ballot |
13 | | shall be for use only by
a qualified voter who either is a |
14 | | member of the United States
military or will be outside of the |
15 | | United States on the
consolidated primary election day and the |
16 | | consolidated
election day. The ranked ballot shall contain a |
17 | | list of the
titles of all municipal and township offices |
18 | | potentially contested at both the consolidated
primary |
19 | | election and the consolidated election and the candidates for |
20 | | each office and shall
permit the elector to vote in the |
21 | | consolidated election by
indicating his or her order of |
22 | | preference for each candidate
for each office. To indicate his |
23 | | or her order of preference for
each candidate for each office, |
24 | | the voter shall put the number
one next to the name of the |
25 | | candidate who is the voter's first
choice, the number 2 for his |
26 | | or her second choice, and so forth
so that, in consecutive |
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1 | | numerical order, a number indicating
the voter's preference is |
2 | | written by the voter next to each
candidate's name on the |
3 | | ranked ballot. The voter shall not be required
to indicate his |
4 | | or her preference for more than one candidate
on the ranked |
5 | | ballot. The voter may not cast a write-in vote using the ranked |
6 | | ballot for the consolidated election. The election authority |
7 | | shall, if using the
ranked vote by mail ballot authorized by |
8 | | this subsection, also
prepare instructions for use of the |
9 | | ranked ballot. The ranked ballot for the consolidated election |
10 | | shall be mailed to the voter at the same time that the ballot |
11 | | for the consolidated primary election is mailed to the voter |
12 | | and the election authority shall accept the completed ranked |
13 | | ballot for the consolidated election when the authority |
14 | | accepts the completed ballot for the consolidated primary |
15 | | election.
|
16 | | The voter shall also be sent a vote by mail ballot for the |
17 | | consolidated election for those races that are not related to |
18 | | the results of the consolidated primary election as soon as |
19 | | the consolidated election ballot is certified.
|
20 | | The State Board of Elections shall adopt rules for |
21 | | election
authorities for the implementation of this |
22 | | subsection,
including but not limited to the application for |
23 | | and counting
of ranked ballots.
|
24 | | (Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15 .)
|
25 | | (10 ILCS 5/17-13) (from Ch. 46, par. 17-13)
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1 | | Sec. 17-13.
(a) In the case of an emergency, as determined |
2 | | by the
State Board of Elections, or if the Board determines |
3 | | that all potential
polling places have been surveyed by the |
4 | | election authority and that no
accessible polling place, as |
5 | | defined by rule of the State Board of
Elections, is available |
6 | | within a precinct nor is the election authority
able to make a |
7 | | polling place within the precinct temporarily accessible,
the |
8 | | Board, upon written application by the election authority, is
|
9 | | authorized to grant an exemption from the accessibility |
10 | | requirements of the
Federal Voting Accessibility for the |
11 | | Elderly and Handicapped Act (Public
Law 98-435). Such |
12 | | exemption shall be valid for a period of 2 years.
|
13 | | (b) Any voter with a temporary or permanent disability |
14 | | who,
because of structural features of the building in which |
15 | | the polling place
is located, is unable to access or enter the |
16 | | polling place, may request
that 2 judges of election of |
17 | | opposite party affiliation deliver a ballot to
him or her at |
18 | | the point where he or she is unable to continue forward
motion |
19 | | toward the polling place; but, in no case, shall a ballot be
|
20 | | delivered to the voter beyond 50 feet of the entrance to the |
21 | | building in
which the polling place is located. Such request |
22 | | shall be made to the
election authority not later than the |
23 | | close of business at the election
authority's office on the |
24 | | day before the election and on a form prescribed
by the State |
25 | | Board of Elections. The election authority shall notify the
|
26 | | judges of election for the appropriate precinct polling places |
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1 | | of such requests.
|
2 | | Weather permitting, 2 judges of election shall deliver to |
3 | | the
voter with a disability the ballot which he or she is |
4 | | entitled to vote, a portable
voting booth or other enclosure |
5 | | that will allow such voter to mark his or
her ballot in |
6 | | secrecy, and a marking device.
|
7 | | (c) The voter must complete the entire voting process, |
8 | | including the
application for ballot from which the judges of |
9 | | election shall compare the
voter's signature with the |
10 | | signature on his or her registration record card
in the |
11 | | precinct binder.
|
12 | | (d) Election authorities may establish curb-side voting |
13 | | for individuals to cast a ballot during early voting or on |
14 | | election day. An election authority's curb-side voting program |
15 | | shall designate at least 2 election judges from opposite |
16 | | parties per vehicle and the individual must have the option to |
17 | | mark the ballot without interference from the election judges. |
18 | | After the voter has marked his or her ballot and placed it |
19 | | in the
ballot envelope (or folded it in the manner prescribed |
20 | | for paper ballots),
the 2 judges of election shall return the |
21 | | ballot to the polling place and
give it to the judge in charge |
22 | | of the ballot box who shall deposit it therein.
|
23 | | Pollwatchers as provided in Sections 7-34 and 17-23 of |
24 | | this Code shall
be permitted to accompany the judges and |
25 | | observe the above procedure.
|
26 | | No assistance may be given to such voter in marking his or |
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1 | | her ballot,
unless the voter requests assistance and completes |
2 | | the affidavit required
by Section 17-14 of this Code.
|
3 | | (Source: P.A. 102-1, eff. 4-2-21.)
|
4 | | (10 ILCS 5/17-13.5 new) |
5 | | Sec. 17-13.5. Curbside voting. Election authorities may |
6 | | establish curbside voting for individuals to cast a ballot |
7 | | during early voting or on election day. An election |
8 | | authority's curbside voting program shall designate at least 2 |
9 | | election judges from opposite parties per vehicle, and the |
10 | | individual shall have the opportunity to mark the ballot |
11 | | without interference from the election judges.
|
12 | | (10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
|
13 | | Sec. 17-16.1. Except as otherwise provided in this Code, |
14 | | write-in Write-in votes shall be counted only for persons who |
15 | | have
filed notarized declarations of intent to be write-in |
16 | | candidates with
the proper election authority or authorities |
17 | | not later than 61 days prior to
the election. However, |
18 | | whenever an objection to a candidate's nominating papers or |
19 | | petitions for any office is sustained under Section 10-10 |
20 | | after the 61st day before the election, then write-in votes |
21 | | shall be counted for that candidate if he or she has filed a |
22 | | notarized declaration of intent to be a write-in candidate for |
23 | | that office with the proper election authority or authorities |
24 | | not later than 7 days prior to the election.
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1 | | Forms for the declaration of intent to be a write-in |
2 | | candidate shall
be supplied by the election authorities. Such |
3 | | declaration shall specify
the office for which the person |
4 | | seeks election as a write-in candidate.
|
5 | | The election authority or authorities shall deliver a list |
6 | | of all persons
who have filed such declarations to the |
7 | | election judges in the appropriate
precincts prior to the |
8 | | election.
|
9 | | A candidate for whom a nomination paper has been filed as a |
10 | | partisan
candidate at a primary election, and who is defeated |
11 | | for his or her
nomination at the primary election is |
12 | | ineligible to file a declaration of
intent to be a write-in |
13 | | candidate for election in that general or consolidated
|
14 | | election.
|
15 | | A candidate seeking election to an office for which |
16 | | candidates of
political parties are nominated by caucus who is |
17 | | a participant in the
caucus and who is defeated for his or her |
18 | | nomination at such caucus is
ineligible to file a declaration |
19 | | of intent to be a write-in candidate for
election in that |
20 | | general or consolidated election.
|
21 | | A candidate seeking election to an office for which |
22 | | candidates are
nominated at a primary election on a |
23 | | nonpartisan basis and who is defeated
for his or her |
24 | | nomination at the primary election is ineligible to file a
|
25 | | declaration of intent to be a write-in candidate for election |
26 | | in that
general or consolidated election.
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1 | | Nothing in this Section shall be construed to apply to |
2 | | votes
cast under the provisions of subsection (b) of Section |
3 | | 16-5.01.
|
4 | | (Source: P.A. 95-699, eff. 11-9-07.)
|
5 | | (10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
|
6 | | Sec. 18-9.1. Except as otherwise provided in this Code, |
7 | | write-in Write-in votes shall be counted only for persons who |
8 | | have
filed notarized declarations of intent to be write-in |
9 | | candidates with
the proper election authority or authorities |
10 | | not later than 61 days prior to
the election. However, |
11 | | whenever an objection to a candidate's nominating papers or |
12 | | petitions is sustained under Section 10-10 after the 61st day |
13 | | before the election, then write-in votes shall be counted for |
14 | | that candidate if he or she has filed a notarized declaration |
15 | | of intent to be a write-in candidate for that office with the |
16 | | proper election authority or authorities not later than 7 days |
17 | | prior to the election.
|
18 | | Forms for the declaration of intent to be a write-in |
19 | | candidate shall
be supplied by the election authorities. Such |
20 | | declaration shall specify
the office for which the person |
21 | | seeks election as a write-in candidate.
|
22 | | The election authority or authorities shall deliver a list |
23 | | of all persons
who have filed such declarations to the |
24 | | election judges in the appropriate
precincts prior to the |
25 | | election.
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1 | | A candidate for whom a nomination paper has been filed as a |
2 | | partisan
candidate at a primary election, and who is defeated |
3 | | for his or her
nomination at the primary election, is |
4 | | ineligible to file a declaration of
intent to be a write-in |
5 | | candidate for election in that general or
consolidated |
6 | | election.
|
7 | | A candidate seeking election to an office for which |
8 | | candidates of
political parties are nominated by caucus who is |
9 | | a participant in the
caucus and who is defeated for his or her |
10 | | nomination at such caucus is
ineligible to file a declaration |
11 | | of intent to be a write-in candidate for
election in that |
12 | | general or consolidated election.
|
13 | | A candidate seeking election to an office for which |
14 | | candidates are
nominated at a primary election on a |
15 | | nonpartisan basis and who is defeated
for his or her |
16 | | nomination at the primary election is ineligible to file a
|
17 | | declaration of intent to be a write-in candidate for election |
18 | | in that
general or consolidated election.
|
19 | | Nothing in this Section shall be construed to apply to |
20 | | votes
cast under the provisions of subsection (b) of Section |
21 | | 16-5.01.
|
22 | | (Source: P.A. 95-699, eff. 11-9-07.)
|
23 | | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) |
24 | | Sec. 19-2. Except as otherwise provided in this Code, any |
25 | | Any elector as defined in Section 19-1 may by mail or |
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1 | | electronically on the website of the appropriate election |
2 | | authority, not more than 90 nor less than 5 days prior to the
|
3 | | date of such election, or by personal delivery not more than 90 |
4 | | nor less
than one day prior to the date of such election, make |
5 | | application to the
county clerk or to the Board of Election |
6 | | Commissioners for an official
ballot for the voter's precinct |
7 | | to be voted at such election , or be added to a list of |
8 | | permanent vote by mail status voters who receive an official |
9 | | vote by mail ballot for subsequent elections. Voters who make |
10 | | an application for permanent vote by mail ballot status shall |
11 | | follow the procedures specified in Section 19-3. Voters whose |
12 | | application for permanent vote by mail status is accepted by |
13 | | the election authority shall remain on the permanent vote by |
14 | | mail list until the voter requests to be removed from |
15 | | permanent vote by mail status, the voter provides notice to |
16 | | the election authority of a change in registration, or the |
17 | | election authority receives confirmation that the voter has |
18 | | subsequently registered to vote in another county . The URL |
19 | | address at which voters may electronically request a vote by |
20 | | mail ballot shall be fixed no later than 90 calendar days |
21 | | before an election and shall not be changed until after the |
22 | | election.
Such a ballot shall be delivered to the elector only |
23 | | upon separate application by the elector for each election.
|
24 | | (Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13; |
25 | | 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
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1 | | (10 ILCS 5/19-2.4 new) |
2 | | Sec. 19-2.4. Vote by mail; accommodation for voters with a |
3 | | disability. By December 31, 2021, the State Board of Elections |
4 | | shall prepare and submit to the General Assembly proposed |
5 | | legislation establishing a procedure to send vote by mail |
6 | | ballots via electronic transmission and enable a voter with a |
7 | | disability to independently and privately mark a ballot using |
8 | | assistive technology in order for the voter to vote by mail. |
9 | | Prior to submission, the State Board of Elections shall |
10 | | solicit public commentary and conduct at least 2 public |
11 | | hearings on its proposed legislation. |
12 | | (10 ILCS 5/19-2.5 new) |
13 | | Sec. 19-2.5. Notice for vote by mail ballot. An election |
14 | | authority shall notify all qualified voters, not more than 90 |
15 | | days nor less than 45 days before a general election, of the |
16 | | option for permanent vote by mail status using the following |
17 | | notice and including the application for permanent vote by |
18 | | mail status in subsection (b) of Section 19-3: |
19 | | "You may apply to permanently be placed on vote by mail |
20 | | status using the attached application.". |
21 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) |
22 | | Sec. 19-3. Application for a vote by mail ballot. |
23 | | (a) The
application for a vote by mail ballot for a single |
24 | | election shall be substantially in the
following form: |
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1 | | APPLICATION FOR VOTE BY MAIL BALLOT |
2 | | To be voted at the .... election in the County of .... and |
3 | | State of
Illinois, in the .... precinct of the (1) *township of |
4 | | .... (2) *City of
.... or (3) *.... ward in the City of .... |
5 | | I state that I am a resident of the .... precinct of the |
6 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in |
7 | | the city of
.... residing at .... in such city or town in the |
8 | | county of .... and
State of Illinois; that I have lived at such |
9 | | address for .... month(s)
last past; that I am lawfully |
10 | | entitled to vote in such precinct at the
.... election to be |
11 | | held therein on ....; and that I wish to vote by vote by mail |
12 | | ballot. |
13 | | I hereby make application for an official ballot or |
14 | | ballots to be
voted by me at such election, and I agree that I |
15 | | shall return such ballot or ballots to the
official issuing |
16 | | the same prior to the closing of the polls on the date
of the |
17 | | election or, if returned by mail, postmarked no later than |
18 | | election day, for counting no later than during the period for |
19 | | counting provisional ballots, the last day of which is the |
20 | | 14th day following election day. |
21 | | I understand that this application is made for an official |
22 | | vote by mail ballot or ballots to be voted by me at the |
23 | | election specified in this application and that I must submit |
24 | | a separate application for an official vote by mail ballot or |
25 | | ballots to be voted by me at any subsequent election. |
26 | | Under penalties as provided by law pursuant to Section |
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1 | | 29-10 of the
Election Code, the undersigned certifies that the |
2 | | statements set forth
in this application are true and correct. |
3 | | .... |
4 | | *fill in either (1), (2) or (3). |
5 | | Post office address to which ballot is mailed: |
6 | | ............... |
7 | | (b) The application for permanent vote by mail status |
8 | | shall be substantially in the following form: |
9 | | APPLICATION FOR PERMANENT VOTE BY MAIL STATUS |
10 | | I am currently a registered voter and wish to apply for |
11 | | permanent vote by mail status. |
12 | | I state that I am a resident of the City of .... residing |
13 | | at .... in such city in the county of .... and State of |
14 | | Illinois; that I have lived at such address for .... month(s) |
15 | | last past; that I am lawfully entitled to vote in such precinct |
16 | | at the .... election to be held therein on ....; and that I |
17 | | wish to vote by vote by mail ballot in: |
18 | | ..... all subsequent elections that do not require a party |
19 | | designation. |
20 | | ..... all subsequent elections, and I wish to receive a |
21 | | ................... Party vote by mail ballot in |
22 | | elections that require a party designation. |
23 | | I hereby make application for an official ballot or |
24 | | ballots to be voted by me at such election, and I agree that I |
25 | | shall return such ballot or ballots to the official issuing |
26 | | the same prior to the closing of the polls on the date of the |
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1 | | election or, if returned by mail, postmarked no later than |
2 | | election day, for counting no later than during the period for |
3 | | counting provisional ballots, the last day of which is the |
4 | | 14th day following election day. |
5 | | Under penalties as provided by law under Section 29-10 of |
6 | | the Election Code, the undersigned certifies that the |
7 | | statements set forth in this application are true and correct. |
8 | | .... |
9 | | Post office address to which ballot is mailed: |
10 | | ............................................................. |
11 | | (c) However, if application is made for a primary election |
12 | | ballot, such
application shall require the applicant to |
13 | | designate the name of the political party with which
the |
14 | | applicant is affiliated. The election authority shall allow |
15 | | any voter on permanent vote by mail status to change his or her |
16 | | party affiliation for a primary election ballot by a method |
17 | | and deadline published and selected by the election authority. |
18 | | (d) If application is made electronically, the applicant |
19 | | shall mark the box associated with the above described |
20 | | statement included as part of the online application |
21 | | certifying that the statements set forth in the this |
22 | | application under subsection (a) or (b) are true and correct, |
23 | | and a signature is not required. |
24 | | (e) Any person may produce, reproduce, distribute, or |
25 | | return to an election authority an the application under this |
26 | | Section for vote by mail ballot . If applications are sent to a |
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1 | | post office box controlled by any individual or organization |
2 | | that is not an election authority, those applications shall |
3 | | (i) include a valid and current phone number for the |
4 | | individual or organization controlling the post office box and |
5 | | (ii) be turned over to the appropriate election authority |
6 | | within 7 days of receipt or, if received within 2 weeks of the |
7 | | election in which an applicant intends to vote, within 2 days |
8 | | of receipt. Failure to turn over the applications in |
9 | | compliance with this paragraph shall constitute a violation of |
10 | | this Code and shall be punishable as a petty offense with a |
11 | | fine of $100 per application. Removing, tampering with, or |
12 | | otherwise knowingly making the postmark on the application |
13 | | unreadable by the election authority shall establish a |
14 | | rebuttable presumption of a violation of this paragraph. Upon |
15 | | receipt, the appropriate election authority shall accept and |
16 | | promptly process any application under this Section for vote |
17 | | by mail ballot submitted in a form substantially similar to |
18 | | that required by this Section, including any substantially |
19 | | similar production or reproduction generated by the applicant. |
20 | | (f) An election authority may combine the applications in |
21 | | subsections (a) and (b) onto one form, but the distinction |
22 | | between the applications must be clear and the form must |
23 | | provide check boxes for an applicant to indicate whether he or |
24 | | she is applying for a single election vote by mail ballot or |
25 | | for permanent vote by mail status. |
26 | | (Source: P.A. 99-522, eff. 6-30-16; 100-623, eff. 7-20-18.) |
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1 | | (10 ILCS 5/19A-15)
|
2 | | Sec. 19A-15. Period for early voting; hours.
|
3 | | (a) Except as otherwise provided in this Code, the The |
4 | | period for early voting by personal appearance begins the 40th |
5 | | day preceding a general primary, consolidated primary, |
6 | | consolidated, or
general election and extends through the end |
7 | | of the day before election day.
|
8 | | (b) Except as otherwise provided by this Section, a |
9 | | permanent polling place for early voting must remain open |
10 | | beginning the 15th day before an election through the end of |
11 | | the day before election day during the
hours of 8:30 a.m. to |
12 | | 4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that |
13 | | beginning 8 days before election day, a permanent polling |
14 | | place for early voting must remain open during the hours of |
15 | | 8:30 a.m. to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and
9:00 |
16 | | a.m. to 12:00 p.m. on Saturdays and holidays, and 10:00 a.m. to |
17 | | 4 p.m. on Sundays; except that, in addition to the hours |
18 | | required by this subsection, a permanent polling place |
19 | | designated by an election authority under subsections (c), |
20 | | (d), and (e) of Section 19A-10 must remain open for a total of |
21 | | at least 8 hours on any holiday during the early voting period |
22 | | and a total of at least 14 hours on the final weekend during |
23 | | the early voting period.
|
24 | | (c) Notwithstanding subsection (b), an election authority |
25 | | may close an early voting polling place if the building in |
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1 | | which the polling place is located has been closed by the State |
2 | | or unit of local government in response to a severe weather |
3 | | emergency or other force majeure. The election authority shall |
4 | | notify the State Board of Elections of any closure and shall |
5 | | make reasonable efforts to provide notice to the public of an |
6 | | alternative location for early voting. |
7 | | (d) (Blank). |
8 | | (Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4, |
9 | | eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; |
10 | | 98-1171, eff. 6-1-15 .) |
11 | | (10 ILCS 5/19A-20)
|
12 | | Sec. 19A-20. Temporary branch polling places.
|
13 | | (a) In addition to permanent polling places for early |
14 | | voting, the election
authority may establish temporary branch |
15 | | polling places for early voting.
|
16 | | (b) The provisions of subsection (b) of Section 19A-15 do |
17 | | not apply to a
temporary polling place. Voting at a temporary |
18 | | branch polling place may be
conducted on any one or more days |
19 | | and during any hours within the period for
early voting by |
20 | | personal appearance that are determined by the election
|
21 | | authority.
|
22 | | (c) The schedules for conducting voting do not need to be |
23 | | uniform among the
temporary branch polling places.
|
24 | | (d) The legal rights and remedies which inure to the owner |
25 | | or lessor of
private property are not impaired or otherwise |
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1 | | affected by the leasing of the
property for use as a temporary |
2 | | branch polling place for early voting, except
to the extent |
3 | | necessary to conduct early voting at that location.
|
4 | | (e) In a county with a population of : |
5 | | (1) 3,000,000 or more, the election authority in the |
6 | | county shall establish a temporary branch polling place |
7 | | under this Section in the county jail. Only a resident of a |
8 | | county who is in custody at the county jail and who has not |
9 | | been convicted of the offense for which the resident is in |
10 | | custody is eligible to vote at a temporary branch polling |
11 | | place established under this paragraph (1) subsection . The |
12 | | temporary branch polling place established under this |
13 | | paragraph (1) subsection shall allow a voter to vote in |
14 | | the same elections that the voter would be entitled to |
15 | | vote in where the voter resides. To the maximum extent |
16 | | feasible, voting booths or screens shall be provided to |
17 | | ensure the privacy of the voter. |
18 | | (2) less than 3,000,000, the sheriff may establish a |
19 | | temporary branch polling place at the county jail. Only a |
20 | | resident of a county who is in custody at the county jail |
21 | | and who has not been convicted of the offense for which the |
22 | | resident is in custody is eligible to vote at a temporary |
23 | | branch polling place established under this paragraph (2). |
24 | | A temporary branch polling place established under this |
25 | | paragraph (2) shall allow a voter to vote in the same |
26 | | elections that the voter would be entitled to vote in |
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1 | | where the voter resides. To the maximum extent feasible, |
2 | | voting booths or screens shall be provided to ensure the |
3 | | privacy of the voter. |
4 | | All provisions of this Code applicable to pollwatchers |
5 | | shall apply to a temporary branch polling place under this |
6 | | subsection (e), subject to approval from the election |
7 | | authority and the county jail, except that nonpartisan |
8 | | pollwatchers shall be limited to one per division within the |
9 | | jail instead of one per precinct. A county that establishes a |
10 | | temporary branch polling place inside a county jail in |
11 | | accordance with this subsection (e) shall adhere to all |
12 | | requirements of this subsection (e). All requirements of the |
13 | | federal Voting Rights Act of 1965 and Sections 203 and 208 of |
14 | | the federal Americans with Disabilities Act shall apply to |
15 | | this subsection (e). |
16 | | (Source: P.A. 101-442, eff. 1-1-20 .)
|
17 | | (10 ILCS 5/23-6.1) (from Ch. 46, par. 23-6.1)
|
18 | | Sec. 23-6.1.
Whenever an election contest for a municipal |
19 | | trustee or alderperson alderman
is brought involving ballots |
20 | | from the same precincts which are subject to
the jurisdiction |
21 | | of the circuit court by virtue of the pendency of an election
|
22 | | contest for another office, the municipal council or board of |
23 | | trustees having
jurisdiction of the municipal election contest |
24 | | shall have priority of access
and possession of the ballots |
25 | | and other election materials for the purpose
of conducting a |
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1 | | recount or other related proceedings for a period of 30
days |
2 | | following the commencement of the municipal election contest. |
3 | | The
election authority shall notify the court and the |
4 | | municipal council or board
of the pendency of all other |
5 | | contests relating to the same
precincts.
|
6 | | (Source: P.A. 90-655, eff. 7-30-98.)
|
7 | | (10 ILCS 5/25-6) (from Ch. 46, par. 25-6)
|
8 | | Sec. 25-6. General Assembly vacancies. (a) When a |
9 | | vacancy occurs in the office of State Senator or
|
10 | | Representative in the General Assembly, the vacancy shall be |
11 | | filled within
30 days by appointment of the legislative or |
12 | | representative committee of
that legislative or representative |
13 | | district of the political
party of which the incumbent was a |
14 | | candidate at the time of his
election. Prior to holding a |
15 | | meeting to fill the vacancy, the committee shall make public |
16 | | (i) the names of the committeeperson on the appropriate |
17 | | legislative or representative committee, (ii) the date, time, |
18 | | and location of the meeting to fill the vacancy, and (iii) any |
19 | | information on how to apply or submit a name for consideration |
20 | | as the appointee. A meeting to fill a vacancy in office shall |
21 | | be held in the district or virtually, and any meeting shall be |
22 | | accessible to the public. The appointee shall be a member of |
23 | | the same political party as
the person he succeeds was at the |
24 | | time of his election, and shall be
otherwise eligible to serve |
25 | | as a member of the General Assembly.
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1 | | (b) When a vacancy occurs in the office of a legislator |
2 | | elected
other than as a candidate of a political party, the |
3 | | vacancy shall be
filled within 30 days of such occurrence by |
4 | | appointment of the Governor.
The appointee shall not be a |
5 | | member of a political party, and shall be
otherwise eligible |
6 | | to serve as a member of the General Assembly.
Provided, |
7 | | however, the appropriate body of the General Assembly may, by
|
8 | | resolution, allow a legislator elected other than as a |
9 | | candidate of a
political party to affiliate with a political |
10 | | party for his term of
office in the General Assembly. A vacancy |
11 | | occurring in the office of any
such legislator who affiliates |
12 | | with a political party pursuant to
resolution shall be filled |
13 | | within 30 days of such occurrence by
appointment of the |
14 | | appropriate legislative or representative
committee of that |
15 | | legislative or representative district of the political
party |
16 | | with which the legislator so affiliates. The appointee shall |
17 | | be a
member of the political party with which the incumbent |
18 | | affiliated.
|
19 | | (c) For purposes of this Section, a person is a member of a
|
20 | | political party for 23 months after (i) signing a candidate |
21 | | petition, as
to the political party whose nomination is |
22 | | sought; (ii) signing a
statement of candidacy, as to the |
23 | | political party where nomination or
election is sought; (iii) |
24 | | signing a Petition of Political Party
Formation, as to the |
25 | | proposed political party; (iv) applying for and
receiving a |
26 | | primary ballot, as to the political party whose ballot is
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1 | | received; or (v) becoming a candidate for election to or |
2 | | accepting
appointment to the office of ward, township, |
3 | | precinct or state central committeeperson.
|
4 | | (d) In making appointments under this Section, each |
5 | | committeeperson of
the appropriate legislative or |
6 | | representative committee
shall be entitled to one vote for |
7 | | each vote that was received, in that
portion of the |
8 | | legislative or representative district which he represents
on |
9 | | the committee, by the Senator or Representative whose seat is |
10 | | vacant at the
general election at which that legislator was |
11 | | elected to the seat which
has been vacated and a majority of |
12 | | the total number of votes received in
such election by the |
13 | | Senator or Representative whose seat is vacant is
required for |
14 | | the appointment of his successor; provided,
however, that in |
15 | | making appointments in legislative or representative
districts |
16 | | comprising only one county or part of a county
other than a |
17 | | county containing 2,000,000 or more inhabitants, each |
18 | | committeeperson
shall be entitled to cast only one vote.
|
19 | | (e) Appointments made under this Section shall be in |
20 | | writing
and shall be signed by members of the legislative or |
21 | | representative committee
whose total votes are sufficient to |
22 | | make the appointments or by the
Governor, as the case may be. |
23 | | Such appointments shall be filed with the
Secretary of State |
24 | | and with the Clerk of the House of Representatives or
the |
25 | | Secretary of the Senate, whichever is appropriate.
|
26 | | (f) An appointment made under this Section shall be for |
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1 | | the
remainder of the term, except that, if the appointment is |
2 | | to fill a
vacancy in the office of State Senator and the |
3 | | vacancy occurs with more
than 28 months remaining in the term, |
4 | | the term of the
appointment shall expire at the time of
the |
5 | | next general election at which time a
Senator shall be elected |
6 | | for a new term commencing on the determination
of the results |
7 | | of the election and ending on the second Wednesday of
January |
8 | | in the second odd-numbered year next occurring. Whenever a
|
9 | | Senator has been appointed to fill a vacancy and
was |
10 | | thereafter elected to that office, the term of service under |
11 | | the
authority of the election shall
be considered a new term of |
12 | | service, separate from the term of service
rendered under the |
13 | | authority of the appointment.
|
14 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
15 | | (10 ILCS 5/29-15) (from Ch. 46, par. 29-15)
|
16 | | Sec. 29-15. Conviction deemed infamous. Any person |
17 | | convicted of an infamous crime as such term is defined in
|
18 | | Section 124-1 of the Code of Criminal Procedure of 1963, as |
19 | | amended, shall
thereafter be prohibited from holding any |
20 | | office of honor, trust, or
profit, unless such person is again |
21 | | restored to such rights by the terms of
a pardon for the |
22 | | offense , has received a restoration of rights by the Governor, |
23 | | or otherwise according to law. Any time after a judgment of |
24 | | conviction is rendered, a person convicted of an infamous |
25 | | crime may petition the Governor for a restoration of rights. |
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1 | | The changes made to this Section by this amendatory Act of |
2 | | the 102nd General Assembly are declarative of existing law.
|
3 | | (Source: P.A. 83-1097.)
|
4 | | Section 10. The Illinois Pension Code is amended by |
5 | | changing Sections 6-230, 7-109, 8-113, 8-232, 8-243, and |
6 | | 8-243.2 as follows: |
7 | | (40 ILCS 5/6-230) |
8 | | Sec. 6-230. Participation by an alderperson alderman or |
9 | | member of city council. |
10 | | (a) A person shall be a member under this Article if he or |
11 | | she (1) is or was employed and receiving a salary as a fireman |
12 | | under item (a) of Section 6-106, (2) has at least 5 years of |
13 | | service under this Article, (3) is employed in a position |
14 | | covered under Section 8-243, (4) made an election under |
15 | | Article 8 to not receive service credit or be a participant |
16 | | under that Article, and (5) made an election to participate |
17 | | under this Article. |
18 | | (b) For the purposes of determining employee and employer |
19 | | contributions under this Article, the employee and employer |
20 | | shall be responsible for any and all contributions otherwise |
21 | | required if the person was employed and receiving salary as a |
22 | | fireman under item (a) of Section 6-106.
|
23 | | (Source: P.A. 100-1144, eff. 11-28-18.)
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1 | | (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
|
2 | | Sec. 7-109. Employee.
|
3 | | (1) "Employee" means any person who:
|
4 | | (a) 1. Receives earnings as payment for the |
5 | | performance of personal
services or official duties out of |
6 | | the general fund of a municipality,
or out of any special |
7 | | fund or funds controlled by a municipality, or by
an |
8 | | instrumentality thereof, or a participating |
9 | | instrumentality, including,
in counties, the fees or |
10 | | earnings of any county fee office; and
|
11 | | 2. Under the usual common law rules applicable in |
12 | | determining the
employer-employee relationship, has the |
13 | | status of an employee with a
municipality, or any |
14 | | instrumentality thereof, or a participating
|
15 | | instrumentality, including alderpersons aldermen , county |
16 | | supervisors and other
persons (excepting those employed as |
17 | | independent contractors) who are
paid compensation, fees, |
18 | | allowances or other emolument for official
duties, and, in |
19 | | counties, the several county fee offices.
|
20 | | (b) Serves as a township treasurer appointed under the |
21 | | School
Code, as heretofore or hereafter amended, and
who |
22 | | receives for such services regular compensation as |
23 | | distinguished
from per diem compensation, and any regular |
24 | | employee in the office of
any township treasurer whether |
25 | | or not his earnings are paid from the
income of the |
26 | | permanent township fund or from funds subject to
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1 | | distribution to the several school districts and parts of |
2 | | school
districts as provided in the School Code, or from |
3 | | both such sources; or is the chief executive officer, |
4 | | chief educational officer, chief fiscal officer, or other |
5 | | employee of a Financial Oversight Panel established |
6 | | pursuant to Article 1H of the School Code, other than a |
7 | | superintendent or certified school business official, |
8 | | except that such person shall not be treated as an |
9 | | employee under this Section if that person has negotiated |
10 | | with the Financial Oversight Panel, in conjunction with |
11 | | the school district, a contractual agreement for exclusion |
12 | | from this Section.
|
13 | | (c) Holds an elective office in a municipality, |
14 | | instrumentality
thereof or participating instrumentality.
|
15 | | (2) "Employee" does not include persons who:
|
16 | | (a) Are eligible for inclusion under any of the |
17 | | following laws:
|
18 | | 1. "An Act in relation to an Illinois State |
19 | | Teachers' Pension and
Retirement Fund", approved May |
20 | | 27, 1915, as amended;
|
21 | | 2. Articles 15 and 16 of this Code.
|
22 | | However, such persons shall be included as employees |
23 | | to the extent of
earnings that are not eligible for |
24 | | inclusion under the foregoing laws
for services not of an |
25 | | instructional nature of any kind.
|
26 | | However, any member of the armed forces who is |
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1 | | employed as a teacher
of subjects in the Reserve Officers |
2 | | Training Corps of any school and who
is not certified |
3 | | under the law governing the certification of teachers
|
4 | | shall be included as an employee.
|
5 | | (b) Are designated by the governing body of a |
6 | | municipality in which a
pension fund is required by law to |
7 | | be established for policemen or
firemen, respectively, as |
8 | | performing police or fire protection duties,
except that |
9 | | when such persons are the heads of the police or fire
|
10 | | department and are not eligible to be included within any |
11 | | such pension
fund, they shall be included within this |
12 | | Article; provided, that such
persons shall not be excluded |
13 | | to the extent of concurrent service and
earnings not |
14 | | designated as being for police or fire protection duties.
|
15 | | However, (i) any head of a police department who was a |
16 | | participant under this
Article immediately before October |
17 | | 1, 1977 and did not elect, under Section
3-109 of this Act, |
18 | | to participate in a police pension fund shall be an
|
19 | | "employee", and (ii) any chief of police who became a |
20 | | participating employee under this Article before January |
21 | | 1, 2019 and who elects to participate in this
Fund under |
22 | | Section 3-109.1 of this Code, regardless of whether such |
23 | | person
continues to be employed as chief of police or is |
24 | | employed in some other
rank or capacity within the police |
25 | | department, shall be an employee under
this Article for so |
26 | | long as such person is employed to perform police
duties |
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1 | | by a participating municipality and has not lawfully |
2 | | rescinded that
election. |
3 | | (b-5) Were not participating employees under this |
4 | | Article before the effective date of this amendatory Act |
5 | | of the 100th General Assembly and participated as a chief |
6 | | of police in a fund under Article 3 and return to work in |
7 | | any capacity with the police department, with any |
8 | | oversight of the police department, or in an advisory |
9 | | capacity for the police department with the same |
10 | | municipality with which that pension was earned, |
11 | | regardless of whether they are considered an employee of |
12 | | the police department or are eligible for inclusion in the |
13 | | municipality's Article 3 fund. |
14 | | (c) Are contributors to or eligible to contribute to a |
15 | | Taft-Hartley pension plan to which the participating |
16 | | municipality is required to contribute as the person's |
17 | | employer based on earnings from the municipality. Nothing |
18 | | in this paragraph shall affect service credit or |
19 | | creditable service for any period of service prior to the |
20 | | effective date of this amendatory Act of the 98th General |
21 | | Assembly, and this paragraph shall not apply to |
22 | | individuals who are participating in the Fund prior to the |
23 | | effective date of this amendatory Act of the 98th General |
24 | | Assembly.
|
25 | | (d) Become an employee of any of the following |
26 | | participating instrumentalities on or after the effective |
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1 | | date of this amendatory Act of the 99th General Assembly: |
2 | | the Illinois Municipal League; the Illinois Association of |
3 | | Park Districts; the Illinois Supervisors, County |
4 | | Commissioners and Superintendents of Highways Association; |
5 | | an association, or not-for-profit corporation, membership |
6 | | in which is authorized under Section 85-15 of the Township |
7 | | Code; the United Counties Council; or the Will County |
8 | | Governmental League. |
9 | | (3) All persons, including, without limitation, public |
10 | | defenders and
probation officers, who receive earnings from |
11 | | general or special funds
of a county for performance of |
12 | | personal services or official duties
within the territorial |
13 | | limits of the county, are employees of the county
(unless |
14 | | excluded by subsection (2) of this Section) notwithstanding |
15 | | that
they may be appointed by and are subject to the direction |
16 | | of a person or
persons other than a county board or a county |
17 | | officer. It is hereby
established that an employer-employee |
18 | | relationship under the usual
common law rules exists between |
19 | | such employees and the county paying
their salaries by reason |
20 | | of the fact that the county boards fix their
rates of |
21 | | compensation, appropriate funds for payment of their earnings
|
22 | | and otherwise exercise control over them. This finding and |
23 | | this
amendatory Act shall apply to all such employees from the |
24 | | date of
appointment whether such date is prior to or after the |
25 | | effective date of
this amendatory Act and is intended to |
26 | | clarify existing law pertaining
to their status as |
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1 | | participating employees in the Fund.
|
2 | | (Source: P.A. 99-830, eff. 1-1-17; 100-281, eff. 8-24-17; |
3 | | 100-1097, eff. 8-26-18.)
|
4 | | (40 ILCS 5/8-113) (from Ch. 108 1/2, par. 8-113)
|
5 | | Sec. 8-113. Municipal employee, employee, contributor, or |
6 | | participant. "Municipal employee", "employee", "contributor", |
7 | | or "participant":
|
8 | | (a) Any employee of an employer employed in the classified |
9 | | civil service
thereof other than by temporary appointment or |
10 | | in a position excluded or exempt
from the classified service |
11 | | by the Civil Service Act, or in the case of a city
operating |
12 | | under a personnel ordinance, any employee of an employer |
13 | | employed in
the classified or career service under the |
14 | | provisions of a personnel ordinance,
other than in a |
15 | | provisional or exempt position as specified in such ordinance
|
16 | | or in rules and regulations formulated thereunder.
|
17 | | (b) Any employee in the service of an employer before the |
18 | | Civil
Service Act came in effect for the employer.
|
19 | | (c) Any person employed by the board.
|
20 | | (d) Any person employed after December 31, 1949, but prior |
21 | | to January
1, 1984, in the service of the employer by temporary |
22 | | appointment or in
a position exempt from the classified |
23 | | service as set forth in the Civil
Service Act, or in a |
24 | | provisional or exempt position as specified in the
personnel |
25 | | ordinance, who meets the following qualifications:
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1 | | (1) has rendered service during not less than 12 |
2 | | calendar months to
an employer as an employee, officer, or |
3 | | official, 4 months of which must
have been consecutive |
4 | | full normal working months of service rendered
immediately |
5 | | prior to filing application to be included; and
|
6 | | (2) files written application with the board, while in |
7 | | the service,
to be included hereunder.
|
8 | | (e) After December 31, 1949, any alderperson alderman or |
9 | | other officer or
official of the employer, who files, while in |
10 | | office, written
application with the board to be included |
11 | | hereunder.
|
12 | | (f) Beginning January 1, 1984, any person employed by an |
13 | | employer other
than the Chicago Housing Authority
or the |
14 | | Public Building Commission of the city, whether or not such |
15 | | person
is serving by temporary appointment or in a position |
16 | | exempt from the classified
service as set forth in the Civil |
17 | | Service Act, or in a provisional or exempt
position as |
18 | | specified in the personnel ordinance, provided that such |
19 | | person is
neither (1) an alderperson alderman or other officer |
20 | | or official of the employer, nor (2)
participating, on the |
21 | | basis of such employment, in any other pension fund or
|
22 | | retirement system established under this Act.
|
23 | | (g) After December 31, 1959, any person employed in the |
24 | | law
department of the city, or municipal court or Board of |
25 | | Election
Commissioners of the city, who was a contributor and |
26 | | participant, on
December 31, 1959, in the annuity and benefit |
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1 | | fund in operation in the
city on said date, by virtue of the |
2 | | Court and Law Department Employees'
Annuity Act or the Board |
3 | | of Election Commissioners Employees' Annuity
Act.
|
4 | | After December 31, 1959, the foregoing definition includes |
5 | | any other
person employed or to be employed in the law |
6 | | department, or municipal
court (other than as a judge), or |
7 | | Board of Election Commissioners (if
his salary is provided by |
8 | | appropriation of the city council of the city
and his salary |
9 | | paid by the city) -- subject, however, in the case of such
|
10 | | persons not participants on December 31, 1959, to compliance |
11 | | with the
same qualifications and restrictions otherwise set |
12 | | forth in this Section
and made generally applicable to |
13 | | employees or officers of the city
concerning eligibility for |
14 | | participation or membership.
|
15 | | Notwithstanding any other provision in this Section, any |
16 | | person who first becomes employed in the law department of the |
17 | | city on or after the effective date of this amendatory Act of |
18 | | the 100th General Assembly shall be included within the |
19 | | foregoing definition, effective upon the date the person first |
20 | | becomes so employed, regardless of the nature of the |
21 | | appointment the person holds under the provisions of a |
22 | | personnel ordinance. |
23 | | (h) After December 31, 1965, any person employed in the |
24 | | public
library of the city -- and any other person -- who was a |
25 | | contributor and
participant, on December 31, 1965, in the |
26 | | pension fund in operation in
the city on said date, by virtue |
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1 | | of the Public Library Employees'
Pension Act.
|
2 | | (i) After December 31, 1968, any person employed in the |
3 | | house of
correction of the city, who was a contributor and |
4 | | participant, on
December 31, 1968, in the pension fund in |
5 | | operation in the city on said
date, by virtue of the House of |
6 | | Correction Employees' Pension Act.
|
7 | | (j) Any person employed full-time on or after the |
8 | | effective date of this
amendatory Act of the 92nd General |
9 | | Assembly by the Chicago Housing Authority
who has elected to |
10 | | participate in this Fund as provided in subsection (a) of
|
11 | | Section 8-230.9.
|
12 | | (k) Any person employed full-time by the Public Building |
13 | | Commission of
the city who has elected to participate in this |
14 | | Fund as provided in subsection
(d) of Section 8-230.7.
|
15 | | (Source: P.A. 100-23, eff. 7-6-17.)
|
16 | | (40 ILCS 5/8-232) (from Ch. 108 1/2, par. 8-232)
|
17 | | Sec. 8-232. Basis of service credit.
|
18 | | (a) In computing the period of
service of any employee for |
19 | | the minimum annuity under Section 8-138, the
following |
20 | | provisions shall govern:
|
21 | | (1) All periods prior to the effective date shall be |
22 | | computed in
accordance with the provisions of Section |
23 | | 8-226, except for a re-entrant
or future entrant who was |
24 | | not in service on the day before the effective date.
|
25 | | (2) Service subsequent to the day before the effective |
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1 | | date, shall
include: the actual period of time the |
2 | | employee performs the duties of
his position and makes |
3 | | required contributions or performs such duties
and is |
4 | | given a city contribution for age
and service annuity |
5 | | purposes; leaves of absence from duty, or vacation,
for |
6 | | which an employee receives all or part of his salary; |
7 | | periods
included under item (c) of Section 8-226; periods |
8 | | during
which the employee is temporarily assigned to |
9 | | another position in the
service and permitted to make |
10 | | contributions to the fund; periods during
which the |
11 | | employee has had contributions for annuity purposes made |
12 | | for
him in accordance with law while on military leave of |
13 | | absence during
World War II; periods during which the |
14 | | employee receives disability
benefit under this Article, |
15 | | or a temporary total disability benefit under
the Workers' |
16 | | Compensation Act if the disability results from a |
17 | | condition
commonly termed heart attack or stroke or any |
18 | | other condition falling
within the broad field of coronary |
19 | | involvement or heart disease;
|
20 | | (3) Service during 6 or more months in any year shall |
21 | | constitute a
year of service, and service of less than 6 |
22 | | months but at least 1 month
in any year shall constitute a |
23 | | half year of service. However the right
to have certain |
24 | | periods of time considered as service as stated in
|
25 | | paragraph 2 of Section 8-168 or in Section 8-243 relating |
26 | | to service as Alderperson
Alderman shall not apply for |
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1 | | minimum annuity purposes under Section
8-138 of this |
2 | | Article.
|
3 | | (b) For all other purposes of this Article, the following |
4 | | schedule
shall govern the computation of service of an |
5 | | employee whose salary or
wages is on the basis stated, and any |
6 | | fractional part of a year of
service shall be determined |
7 | | according to said schedule:
|
8 | | Annual or Monthly basis: Service during 4 months in any 1 |
9 | | calendar
year shall constitute a year of service.
|
10 | | Weekly basis: Service during any week shall constitute a |
11 | | week of
service and service during any 17 weeks in any 1 |
12 | | calendar year shall
constitute a year of service.
|
13 | | Daily basis: Service during any day shall constitute a day |
14 | | of service
and service during 100 days in any 1 calendar year |
15 | | shall constitute a
year of service.
|
16 | | Hourly basis: Service during any hour shall constitute an |
17 | | hour of
service and service during 700 hours in any 1 calendar |
18 | | year shall
constitute a year of service.
|
19 | | (Source: P.A. 85-964; 86-1488.)
|
20 | | (40 ILCS 5/8-243) (from Ch. 108 1/2, par. 8-243)
|
21 | | Sec. 8-243. Service as alderperson alderman or member of |
22 | | city council. Whenever any person has served or hereafter |
23 | | serves as a duly elected alderperson
alderman or member of the |
24 | | city council of any city of more than 500,000
inhabitants and |
25 | | is or hereafter becomes a contributing participant in any
|
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1 | | pension fund or any annuity and benefit fund in existence in |
2 | | such city by
operation of law, the period of service as such |
3 | | alderperson alderman or member of the
city council shall be |
4 | | counted as a period of service in computing any
annuity or |
5 | | pension which such person may become entitled to receive from
|
6 | | such fund upon separation from the service, except as ruled |
7 | | out for minimum
annuity purposes in Section 8-232(a)(3).
|
8 | | (Source: Laws 1963, p. 161 .)
|
9 | | (40 ILCS 5/8-243.2) (from Ch. 108 1/2, par. 8-243.2)
|
10 | | Sec. 8-243.2. Alternative annuity for city officers.
|
11 | | (a) For the purposes of this Section and Sections 8-243.1 |
12 | | and 8-243.3,
"city officer" means the city clerk, the city |
13 | | treasurer, or an alderperson alderman of
the city elected by |
14 | | vote of the people, while serving in that capacity or as
|
15 | | provided in subsection (f), who has elected to participate in |
16 | | the Fund.
|
17 | | (b) Any elected city officer, while serving in that |
18 | | capacity or as
provided in subsection (f), may elect to |
19 | | establish alternative credits for
an alternative annuity by |
20 | | electing in writing to make additional optional
contributions |
21 | | in accordance with this Section and the procedures
established |
22 | | by the board. Such elected city officer may discontinue making
|
23 | | the additional optional contributions by notifying the Fund in |
24 | | writing in
accordance with this Section and procedures |
25 | | established by the board.
|
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1 | | Additional optional contributions for the alternative |
2 | | annuity shall
be as follows:
|
3 | | (1) For service after the option is elected, an |
4 | | additional contribution
of 3% of salary shall be |
5 | | contributed to the Fund on the same basis and
under the |
6 | | same conditions as contributions required under Sections |
7 | | 8-174
and 8-182.
|
8 | | (2) For service before the option is elected, an |
9 | | additional
contribution of 3% of the salary for the |
10 | | applicable period of service, plus
interest at the |
11 | | effective rate from the date of service to the date of
|
12 | | payment. All payments for past service must be paid in |
13 | | full before credit
is given. No additional optional |
14 | | contributions may be made for any period
of service for |
15 | | which credit has been previously forfeited by acceptance |
16 | | of
a refund, unless the refund is repaid in full with |
17 | | interest at the
effective rate from the date of refund to |
18 | | the date of repayment.
|
19 | | (c) In lieu of the retirement annuity otherwise payable |
20 | | under this
Article, any city officer elected by vote of the |
21 | | people who (1) has
elected to participate in the Fund and make |
22 | | additional optional
contributions in accordance with this |
23 | | Section, and (2) has attained
age 55 with at least 10 years of |
24 | | service credit, or has
attained age 60 with at least 8 years of |
25 | | service credit, may
elect to have his retirement annuity |
26 | | computed as follows: 3% of the
participant's salary at the |
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1 | | time of termination of service for each of the
first 8 years of |
2 | | service credit, plus 4% of such salary for each of the
next 4 |
3 | | years of service credit, plus 5% of such salary for each year |
4 | | of
service credit in excess of 12 years, subject to a maximum |
5 | | of 80% of such
salary. To the extent such elected city officer |
6 | | has made additional
optional contributions with respect to |
7 | | only a portion of his years of
service credit, his retirement |
8 | | annuity will first be determined in
accordance with this |
9 | | Section to the extent such additional optional
contributions |
10 | | were made, and then in accordance with the remaining Sections
|
11 | | of this Article to the extent of years of service credit with |
12 | | respect to
which additional optional contributions were not |
13 | | made.
|
14 | | (d) In lieu of the disability benefits otherwise payable |
15 | | under this
Article, any city officer elected by vote of the |
16 | | people who (1) has
elected to participate in the Fund, and (2) |
17 | | has become
permanently disabled and as a consequence is unable |
18 | | to perform the duties
of his office, and (3) was making |
19 | | optional contributions in accordance with
this Section at the |
20 | | time the disability was incurred, may elect to receive
a |
21 | | disability annuity calculated in accordance with the formula |
22 | | in
subsection (c). For the purposes of this subsection, such |
23 | | elected city
officer shall be considered permanently disabled |
24 | | only if: (i) disability
occurs while in service as an elected |
25 | | city officer and is of such a nature
as to prevent him from |
26 | | reasonably performing the duties of his office at
the time; |
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1 | | and (ii) the board has received a written certification by at
|
2 | | least 2 licensed physicians appointed by it stating that such |
3 | | officer is
disabled and that the disability is likely to be |
4 | | permanent.
|
5 | | (e) Refunds of additional optional contributions shall be |
6 | | made on the
same basis and under the same conditions as |
7 | | provided under Sections 8-168,
8-170 and 8-171. Interest shall |
8 | | be credited at the effective rate on the
same basis and under |
9 | | the same conditions as for other contributions.
Optional |
10 | | contributions shall be accounted for in a separate Elected |
11 | | City
Officer Optional Contribution Reserve. Optional |
12 | | contributions under this
Section shall be included in the |
13 | | amount of employee contributions used to
compute the tax levy |
14 | | under Section 8-173.
|
15 | | (f) The effective date of this plan of optional |
16 | | alternative benefits
and contributions shall be July 1, 1990, |
17 | | or the date upon which approval is
received from the U.S. |
18 | | Internal Revenue Service, whichever is later.
|
19 | | The plan of optional alternative benefits and |
20 | | contributions shall
not be available to any former city |
21 | | officer or employee receiving an
annuity from the Fund on the |
22 | | effective date of the plan, unless he
re-enters service as an |
23 | | elected city officer and renders at least 3 years
of |
24 | | additional service after the date of re-entry. However, a |
25 | | person who
holds office as a city officer on June 1, 1995 may
|
26 | | elect to participate in the plan, to transfer credits into the |
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1 | | Fund from
other Articles of this Code, and to make the |
2 | | contributions required for prior
service, until 30 days after |
3 | | the effective date of this amendatory Act
of the 92nd General |
4 | | Assembly, notwithstanding the
ending of his term of
office |
5 | | prior to that effective date; in the event that the person is |
6 | | already
receiving an annuity from this Fund or any other |
7 | | Article of this Code at the
time of making this election, the |
8 | | annuity shall be recalculated to include any
increase |
9 | | resulting from participation in the plan, with such increase |
10 | | taking
effect on the effective date of the election.
|
11 | | (g) Notwithstanding any other provision in this Section or |
12 | | in this Code to the contrary, any person who first becomes a |
13 | | city officer, as defined in this Section, on or after the |
14 | | effective date of this amendatory Act of the 100th General |
15 | | Assembly, shall not be eligible for the alternative annuity or |
16 | | alternative disability benefits as provided in subsections |
17 | | (a), (b), (c), and (d) of this Section or for the alternative |
18 | | survivor's benefits as provided in Section 8-243.3. Such |
19 | | person shall not be eligible, or be required, to make any |
20 | | additional contributions beyond those required of other |
21 | | participants under Sections 8-137, 8-174, and 8-182. The |
22 | | retirement annuity, disability benefits, and survivor's |
23 | | benefits for a person who first becomes a city officer on or |
24 | | after the effective date of this amendatory Act of the 100th |
25 | | General Assembly shall be determined pursuant to the |
26 | | provisions otherwise provided in this Article. |
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1 | | (Source: P.A. 100-23, eff. 7-6-17.)
|
2 | | Section 15. The Public Officer Prohibited Activities Act |
3 | | is amended by changing Sections 1, 1.3, 2, and 4 as follows:
|
4 | | (50 ILCS 105/1) (from Ch. 102, par. 1)
|
5 | | Sec. 1. County board. No member of a county board, during |
6 | | the term of
office for which
he or she is elected, may be |
7 | | appointed to, accept, or hold any office other
than (i) |
8 | | chairman of the county board or member of the regional |
9 | | planning
commission by appointment or election of the board of |
10 | | which he or she is a
member, (ii) alderperson alderman of a |
11 | | city or member of the board of trustees of a
village or |
12 | | incorporated town if the city, village, or incorporated town |
13 | | has
fewer than 1,000 inhabitants and is located in a county |
14 | | having fewer than
50,000 inhabitants, or (iii) trustee of a |
15 | | forest preserve district created under Section 18.5 of the |
16 | | Conservation District Act, unless he or she first resigns from |
17 | | the office
of county board
member or unless the holding of |
18 | | another office is authorized by law.
Any such prohibited |
19 | | appointment or election is void. This Section shall not
|
20 | | preclude a member of the county board from being appointed or |
21 | | selected to serve as (i) a member of a County
Extension
Board |
22 | | as provided in Section 7 of the County Cooperative Extension |
23 | | Law, (ii)
a member of an Emergency Telephone System Board as |
24 | | provided in Section
15.4 of the Emergency Telephone System |
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1 | | Act, (iii) a member of the
board of review as provided in |
2 | | Section 6-30 of the Property Tax Code, or (iv) a public |
3 | | administrator or public guardian as provided in Section 13-1 |
4 | | of the Probate Act of 1975.
Nothing in this Act shall be |
5 | | construed to prohibit an elected county official
from holding |
6 | | elected office in another unit of local government so long as
|
7 | | there is no contractual relationship between the county and |
8 | | the other unit of
local government. This amendatory Act of |
9 | | 1995 is declarative of existing law
and is not a new enactment.
|
10 | | (Source: P.A. 100-290, eff. 8-24-17.)
|
11 | | (50 ILCS 105/1.3)
|
12 | | Sec. 1.3. Municipal board member; education office. In a
|
13 | | city, village, or incorporated town
with fewer than 2,500 |
14 | | inhabitants, an alderperson alderman of the city or a member |
15 | | of the
board of
trustees of a village or incorporated town, |
16 | | during the term of office for which
he or she is elected, may |
17 | | also
hold the office of
member of the board of education, |
18 | | regional board of school trustees, board of
school directors, |
19 | | or board of school inspectors.
|
20 | | (Source: P.A. 91-161, eff. 7-16-99.)
|
21 | | (50 ILCS 105/2) (from Ch. 102, par. 2)
|
22 | | Sec. 2.
No alderperson alderman of any city, or member of |
23 | | the board of trustees of
any village, during the term of office |
24 | | for which he or she is elected, may
accept, be appointed to, or |
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1 | | hold any office by the appointment of the mayor
or president of |
2 | | the board of trustees, unless the alderperson alderman or |
3 | | board member
is granted a leave of absence from such office, or |
4 | | unless he or she first
resigns from the office of alderperson |
5 | | alderman or member of the board of trustees,
or unless the |
6 | | holding of another office is authorized by law. The |
7 | | alderperson
alderman or board member may, however, serve as a |
8 | | volunteer fireman and
receive compensation for that service. |
9 | | The alderperson alderman may also serve as a commissioner of |
10 | | the Beardstown Regional Flood Prevention District board. Any |
11 | | appointment in violation of this
Section is void.
Nothing in |
12 | | this Act shall be construed to prohibit an elected municipal
|
13 | | official from holding elected office in another unit of local |
14 | | government as
long as there is no contractual relationship |
15 | | between the municipality and the
other unit of local |
16 | | government. This amendatory Act of 1995 is declarative of
|
17 | | existing law and is not a new enactment.
|
18 | | (Source: P.A. 97-309, eff. 8-11-11.)
|
19 | | (50 ILCS 105/4) (from Ch. 102, par. 4)
|
20 | | Sec. 4.
Any alderperson alderman , member of a board of |
21 | | trustees, supervisor or county
commissioner, or other person |
22 | | holding any office, either by election or
appointment under |
23 | | the laws or constitution of this state, who violates any
|
24 | | provision of the preceding sections, is guilty of a Class 4 |
25 | | felony and in
addition thereto, any office or official |
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1 | | position held by any person so
convicted shall become vacant, |
2 | | and shall be so declared as part of the
judgment of court. This |
3 | | Section does not apply to a violation of subsection (b) of |
4 | | Section 2a.
|
5 | | (Source: P.A. 100-868, eff. 1-1-19 .)
|
6 | | Section 20. The Public Officer Simultaneous Tenure Act is |
7 | | amended by changing Section 1 and by adding Section 5 as |
8 | | follows:
|
9 | | (50 ILCS 110/1) (from Ch. 102, par. 4.10)
|
10 | | Sec. 1. Legislative findings; purpose ) . The General |
11 | | Assembly finds and
declares that questions raised regarding |
12 | | the legality of simultaneously
holding the office of county |
13 | | board member and township supervisor are
unwarranted, and in |
14 | | counties of less than 100,000 population such questions
|
15 | | regarding the legality of simultaneously holding the office of |
16 | | county board
member and township trustee are unwarranted;
that |
17 | | the General Assembly viewed the office of township supervisor, |
18 | | and
in counties of less than 100,000 population the office of |
19 | | township trustee,
and the office of county board member as |
20 | | compatible; and that to settle
the question
of legality and |
21 | | avoid confusion among such counties and townships as may
be |
22 | | affected by such questions it is lawful to hold the office of |
23 | | county
board member simultaneously with the office of township |
24 | | supervisor, and
in counties of less than 100,000 population |
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1 | | with the office of township
trustee, in accordance with |
2 | | Sections 2 and 3 this Act .
|
3 | | (Source: P.A. 82-554.)
|
4 | | (50 ILCS 110/5 new) |
5 | | Sec. 5. Members of the General Assembly; elected officers |
6 | | of units of local government. Notwithstanding any other |
7 | | provision of law, a unit of local government may not adopt an |
8 | | ordinance, referendum, or resolution that requires a member of |
9 | | the General Assembly to resign his or her office in order to be |
10 | | eligible to seek elected office in the unit of local |
11 | | government. Any ordinance, referendum, or resolution that |
12 | | contains such a provision is void. |
13 | | A home rule unit may not regulate the eligibility |
14 | | requirements for those seeking elected office in the unit of |
15 | | local government in a manner inconsistent with this Section. |
16 | | This Section is a limitation under subsection (i) of Section 6 |
17 | | of Article VII of the Illinois Constitution on the concurrent |
18 | | exercise by home rule units of powers and functions exercised |
19 | | by the State. |
20 | | This Section applies to ordinances, referenda, or |
21 | | resolutions adopted on or after November 8, 2016. |
22 | | Section 25. The Counties Code is amended by changing |
23 | | Sections 2-3001, 2-3002, 2-3003, 2-3004, 3-6002, and 3-14036 |
24 | | as follows:
|
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1 | | (55 ILCS 5/2-3001) (from Ch. 34, par. 2-3001)
|
2 | | Sec. 2-3001. Definitions. As used in this Division,
unless |
3 | | the context otherwise requires:
|
4 | | a. "District" means a county board district established as |
5 | | provided in
this Division.
|
6 | | b. "County apportionment commission" or "commission" means |
7 | | the county
clerk, the State's Attorney, the Attorney General |
8 | | or his designated
representative and the chairmen of the |
9 | | county central committees of the
first leading political party |
10 | | and the second leading political party as
defined in Section |
11 | | 1-3 of The Election Code.
|
12 | | c. "Population" means the number of inhabitants as |
13 | | determined by the
last preceding federal decennial census. For |
14 | | the reapportionment of 2021, "population" means the number of |
15 | | inhabitants as determined by the county board by any |
16 | | reasonable method, including, but not limited to, the most |
17 | | recent American Community Survey 5-year data.
|
18 | | d. "Member" or "board member" means a person elected to |
19 | | serve on the
county board.
|
20 | | (Source: P.A. 86-962.)
|
21 | | (55 ILCS 5/2-3002) (from Ch. 34, par. 2-3002)
|
22 | | Sec. 2-3002.
Counties with population of less than |
23 | | 3,000,000 and
with township form of government.
|
24 | | (a) Reapportionment required. By July 1, 1971, and each 10 |
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1 | | years
thereafter, the county board of
each county having a |
2 | | population of less than 3,000,000 inhabitants and
the township |
3 | | form of government shall reapportion its county so that
each |
4 | | member of the county board represents the same number of
|
5 | | inhabitants , except that, for the reapportionment of 2021, the |
6 | | county board shall reapportion its county by December 31, |
7 | | 2021 . In reapportioning its county, the county board shall |
8 | | first
determine the size of the county board to be elected, |
9 | | which may consist
of not less than 5 nor more than 29 members |
10 | | and may not exceed the size
of the county board in that county |
11 | | on October 2, 1969.
The county board shall also determine
|
12 | | whether board members shall be
elected at large from the |
13 | | county or by county board districts.
|
14 | | If the chairman of the county board is to be elected by the |
15 | | voters in a
county of less than 450,000 population as provided |
16 | | in Section 2-3007,
such chairman shall not be counted as a |
17 | | member of the county board
for the purpose of the limitations |
18 | | on the size of a county board provided
in this Section.
|
19 | | (b) Advisory referenda. The voters of a county may advise |
20 | | the county
board,
through an advisory referendum, on questions |
21 | | concerning (i) the number of
members of the
county board
to be |
22 | | elected, (ii) whether the board members should be elected from
|
23 | | single-member
districts, multi-member districts, or at-large, |
24 | | (iii)
whether voters will have cumulative voting rights in the |
25 | | election of county
board members, or (iv) any combination of |
26 | | the preceding 3 questions.
The advisory
referendum may be
|
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1 | | initiated either by petition or by ordinance of the county |
2 | | board. A written
petition for an
advisory referendum |
3 | | authorized by this Section must contain the signatures of
at |
4 | | least 8% of the
votes cast for candidates for Governor in the |
5 | | preceding gubernatorial election
by the registered voters of |
6 | | the county and must be filed with the appropriate
election
|
7 | | authority. An ordinance
initiating
an advisory referendum |
8 | | authorized by this Section must be approved by a
majority of |
9 | | the
members of the county board and must be filed with the |
10 | | appropriate election
authority. An advisory
referendum |
11 | | initiated under this Section shall be placed on the ballot at |
12 | | the
general
election designated in the petition or ordinance.
|
13 | | (Source: P.A. 93-308, eff. 7-23-03.)
|
14 | | (55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
|
15 | | Sec. 2-3003. Apportionment plan.
|
16 | | (1) If the county board determines
that members shall be |
17 | | elected by districts, it shall develop an
apportionment plan |
18 | | and specify the number of districts and the number of
county |
19 | | board members to be elected from each district and whether |
20 | | voters will
have cumulative voting rights in multi-member |
21 | | districts. Each such district:
|
22 | | a. Shall be substantially equal in population to each |
23 | | other district;
|
24 | | b. Shall be comprised of contiguous territory, as |
25 | | nearly compact as
practicable; and
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1 | | c. May divide townships or municipalities only when |
2 | | necessary to conform
to the population requirement of |
3 | | paragraph a. of this Section.
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4 | | d. Shall be created in such a manner so that no |
5 | | precinct shall be
divided between 2 or more districts, |
6 | | insofar as is practicable.
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7 | | (2) The county board of each county having a population of |
8 | | less than
3,000,000 inhabitants may, if it should so decide, |
9 | | provide within that
county for single member districts outside |
10 | | the corporate limits and
multi-member districts within the |
11 | | corporate limits of any municipality with
a population in |
12 | | excess of 75,000. Paragraphs a, b, c and d of subsection
(1) of |
13 | | this Section shall apply to the apportionment of both single |
14 | | and
multi-member districts within a county to the extent that |
15 | | compliance with
paragraphs a, b, c and d still permit the |
16 | | establishment of such districts,
except that the population of |
17 | | any multi-member district shall be equal to
the population of |
18 | | any single member district, times the number of members
found |
19 | | within that multi-member district. |
20 | | (3) In a county where the Chairman of the County Board is |
21 | | elected by the voters of the county as provided in Section |
22 | | 2-3007, the Chairman of the County Board may develop and |
23 | | present to the Board by the third Wednesday in May in the year |
24 | | after a federal decennial census year an apportionment plan in |
25 | | accordance with the provisions of subsection (1) of this |
26 | | Section. If the Chairman presents a plan to the Board by the |
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1 | | third Wednesday in May, the Board shall conduct at least one |
2 | | public hearing to receive comments and to discuss the |
3 | | apportionment plan, the hearing shall be held at least 6 days |
4 | | but not more than 21 days after the Chairman's plan was |
5 | | presented to the Board, and the public shall be given notice of |
6 | | the hearing at least 6 days in advance. If the Chairman |
7 | | presents a plan by the third Wednesday in May, the Board is |
8 | | prohibited from enacting an apportionment plan until after a |
9 | | hearing on the plan presented by the Chairman. The Chairman |
10 | | shall have access to the federal decennial census available to |
11 | | the Board. |
12 | | (4) In a county where a County Executive is elected by the |
13 | | voters of the county as provided in Section 2-5007 of the |
14 | | Counties Code, the County Executive may develop and present to |
15 | | the Board by the third Wednesday in May in the year after a |
16 | | federal decennial census year an apportionment plan in |
17 | | accordance with the provisions of subsection (1) of this |
18 | | Section. If the Executive presents a plan to the Board by the |
19 | | third Wednesday in May, the Board shall conduct at least one |
20 | | public hearing to receive comments and to discuss the |
21 | | apportionment plan, the hearing shall be held at least 6 days |
22 | | but not more than 21 days after the Executive's plan was |
23 | | presented to the Board, and the public shall be given notice of |
24 | | the hearing at least 6 days in advance. If the Executive |
25 | | presents a plan by the third Wednesday in May, the Board is |
26 | | prohibited from enacting an apportionment plan until after a |
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1 | | hearing on the plan presented by the Executive. The Executive |
2 | | shall have access to the federal decennial census available to |
3 | | the Board.
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4 | | (5) For the reapportionment of 2021, the Chairman of the |
5 | | County Board or County Executive may develop and present (or |
6 | | redevelop and represent) to the Board by the third Wednesday |
7 | | in November in the year after a federal decennial census year |
8 | | an apportionment plan and the Board shall conduct its public |
9 | | hearing as provided in paragraphs (3) and (4) following |
10 | | receipt of the apportionment plan. |
11 | | (Source: P.A. 96-1540, eff. 3-7-11; 97-986, eff. 8-17-12.)
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12 | | (55 ILCS 5/2-3004) (from Ch. 34, par. 2-3004)
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13 | | Sec. 2-3004. Failure to complete reapportionment. If any |
14 | | county board fails to complete the reapportionment of its |
15 | | county
by July 1 in 2011 or any 10 years thereafter or by the |
16 | | day after the county board's regularly scheduled July meeting |
17 | | in 2011 or any 10 years thereafter, or for the reapportionment |
18 | | of 2021, by the third Wednesday in November in the year after a |
19 | | federal decennial census year, whichever is later, the county |
20 | | clerk of that
county shall convene the county apportionment |
21 | | commission. Three members of
the commission shall constitute a |
22 | | quorum, but a majority of all the members
must vote |
23 | | affirmatively on any determination made by the commission. The
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24 | | commission shall adopt rules for its procedure.
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25 | | The commission shall develop an apportionment plan for the |
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1 | | county in the
manner provided by Section 2-3003, dividing the |
2 | | county into the same number of
districts as determined by the |
3 | | county board. If the county board has failed
to determine the |
4 | | size of the county board to be elected, then the number of
|
5 | | districts and the number of members to be elected shall be the |
6 | | largest
number to which the county is entitled under Section |
7 | | 2-3002.
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8 | | The commission shall submit its apportionment plan by |
9 | | October 1 in the
year that it is convened, except that the |
10 | | circuit court, for good cause
shown, may grant an extension of |
11 | | time, not exceeding a total of 60 days,
within which such a |
12 | | plan may be submitted.
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13 | | (Source: P.A. 96-1540, eff. 3-7-11.)
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14 | | (55 ILCS 5/3-6002) (from Ch. 34, par. 3-6002)
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15 | | Sec. 3-6002. Commencement of duties. The sheriff shall |
16 | | enter upon
the duties of his or her office on the first day in |
17 | | the month of December 1
following his or her election on which |
18 | | the office of the sheriff is
required, by statute or by action |
19 | | of the county board, to be open .
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20 | | (Source: P.A. 86-962.)
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21 | | (55 ILCS 5/3-14036) (from Ch. 34, par. 3-14036)
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22 | | Sec. 3-14036.
Payments of political contributions to |
23 | | public
officers prohibited. No officer or employee in the |
24 | | classified civil
service of said county, or named in Section |
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1 | | 3-14022, shall directly or
indirectly, give or hand over to |
2 | | any officer or employee, or to any senator
or representative |
3 | | or alderperson alderman , councilman, or commissioner, any |
4 | | money or
other valuable thing on account of or to be applied to |
5 | | the promotion of any
party or political object whatever.
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6 | | (Source: P.A. 86-976.)
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7 | | Section 30. The Township Code is amended by changing |
8 | | Section 45-10 as follows:
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9 | | (60 ILCS 1/45-10)
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10 | | Sec. 45-10. Political party caucus in township; notice.
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11 | | (a) On the first Tuesday in December preceding the date of |
12 | | the regular
township election, a caucus shall be held by the |
13 | | voters of each established
political party in a township to |
14 | | nominate its candidates for the various
offices to be filled |
15 | | at the election. Notice of the caucus shall be given at
least |
16 | | 10 days before it is held by publication in some newspaper |
17 | | having a
general circulation in the township. Not less than 30 |
18 | | days before the caucus,
the township clerk shall notify the |
19 | | chairman or membership of each township
central committee by |
20 | | first-class mail of the chairman's or membership's
obligation |
21 | | to report the time and location of the political party's |
22 | | caucus.
Not less than 20 days before the caucus, each chairman |
23 | | of the township central
committee shall notify the township |
24 | | clerk by first-class mail of the time and
location of the |
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1 | | political party's caucus. If the time and location of 2 or
more |
2 | | political party caucuses conflict, the township clerk shall |
3 | | establish, by
a fair and impartial public lottery, the time |
4 | | and location for each caucus. |
5 | | If the chairperson of the township central committee fails |
6 | | to meet within the township or to meet any of the other |
7 | | requirements of this Section, the chairperson's political |
8 | | party shall not be permitted to nominate a candidate, either |
9 | | by caucus as provided for in this Section or as otherwise |
10 | | authorized by the Election Code, in the next upcoming |
11 | | consolidated election for any office for which a nomination |
12 | | could have been made at the caucus should the chairperson of |
13 | | the township central committee have met the requirements of |
14 | | this Section.
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15 | | (b) Except as provided in this Section, the township board |
16 | | shall cause
notices of the caucuses to be published. The |
17 | | notice shall state the time and
place where the caucus for each |
18 | | political party will be held. The board shall
fix a place |
19 | | within the township for holding the caucus for each |
20 | | established
political party. When a new township has been |
21 | | established under Section 10-25,
the county board shall cause |
22 | | notice of the caucuses to be published as required
by this |
23 | | Section and shall fix the place within the new township for |
24 | | holding the
caucuses.
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25 | | (Source: P.A. 97-81, eff. 7-5-11; 98-443, eff. 8-16-13.)
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1 | | Section 35. The Illinois Municipal Code is amended by |
2 | | changing Sections 1-1-2, 2-2-9, 3.1-10-5, 3.1-10-30, |
3 | | 3.1-10-50, 3.1-10-51, 3.1-10-60, 3.1-10-65, 3.1-10-75, |
4 | | 3.1-15-5, 3.1-15-15, 3.1-15-25, 3.1-15-30, 3.1-15-35, |
5 | | 3.1-15-40, 3.1-20-10, 3.1-20-15, 3.1-20-20, 3.1-20-22, |
6 | | 3.1-20-25, 3.1-20-30, 3.1-20-35, 3.1-20-40, 3.1-20-45, |
7 | | 3.1-25-70, 3.1-25-75, 3.1-35-35, 3.1-40-5, 3.1-40-10, |
8 | | 3.1-40-15, 3.1-40-25, 3.1-40-30, 3.1-40-35, 3.1-40-40, |
9 | | 3.1-40-50, 3.1-40-55, 3.1-45-5, 3.1-45-15, 3.1-55-5, 4-1-2, |
10 | | 4-10-1, 5-1-4, 5-2-1, 5-2-2, 5-2-3, 5-2-3.1, 5-2-4, 5-2-5, |
11 | | 5-2-7, 5-2-8, 5-2-11, 5-2-12, 5-2-17, 5-2-18, 5-2-18.1, |
12 | | 5-2-18.2, 5-2-18.7, 5-2-19, 5-3-1, 5-3-3, 5-3-4, 5-3-5, 5-3-7, |
13 | | 5-3-8, 5-4-1, 5-4-3, 5-5-1, 5-5-5, 6-3-2, 6-3-3, 6-3-4, 6-3-5, |
14 | | 6-3-6, 6-3-7, 6-3-8, 6-3-9, 6-3-10, 6-4-3, 6-4-4, 6-5-1, |
15 | | 7-1-15, 7-1-39, 7-1-42, 7-2-1, 7-2-19, 7-2-28, 8-9-1, 10-1-30, |
16 | | 10-3-5, 11-13-1.1, 11-13-10, 11-13-14, 11-13-14.1, 11-80-5, |
17 | | 11-91-1, and 11-101-2 as follows:
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18 | | (65 ILCS 5/1-1-2) (from Ch. 24, par. 1-1-2)
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19 | | Sec. 1-1-2. Definitions. In this Code:
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20 | | (1) "Municipal" or "municipality" means a city, village, |
21 | | or incorporated
town in the State of Illinois, but, unless the |
22 | | context otherwise provides,
"municipal" or "municipality" does |
23 | | not include a township, town when used
as the equivalent of a |
24 | | township, incorporated town that has
superseded
a civil |
25 | | township, county, school district, park district, sanitary |
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1 | | district,
or any other similar governmental district. If |
2 | | "municipal" or "municipality"
is given a different definition |
3 | | in any particular Division or Section of
this Act, that |
4 | | definition shall control in that
division or Section only.
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5 | | (2) "Corporate authorities" means (a) the mayor and |
6 | | alderpersons aldermen or similar body
when the reference is to |
7 | | cities, (b) the president and trustees
or similar body
when |
8 | | the reference is to villages or incorporated towns, and (c) |
9 | | the council
when the reference is to municipalities under the |
10 | | commission form of municipal
government.
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11 | | (3) "Electors" means persons qualified to vote for |
12 | | elective officers at
municipal elections.
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13 | | (4) "Person" means any individual, partnership, |
14 | | corporation, joint stock
association, or the State of Illinois |
15 | | or any subdivision of the State; and includes
any trustee, |
16 | | receiver, assignee, or personal representative of any of
those |
17 | | entities.
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18 | | (5) Except as otherwise provided by ordinance, "fiscal |
19 | | year" in all municipalities
with fewer than 500,000 |
20 | | inhabitants, and "municipal year" in
all municipalities,
means |
21 | | the period elapsing (a) between general municipal elections in |
22 | | succeeding
calendar years, or (b) if general municipal |
23 | | elections are held biennially,
then between a general |
24 | | municipal election and the same day of the same month
of the |
25 | | following calendar year, and between that day and the next |
26 | | succeeding
general municipal election, or (c) if general |
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1 | | municipal elections are held
quadrennially, then between a |
2 | | general municipal election and the same day
of the same month |
3 | | of the following calendar year, and between that day and
the |
4 | | same day of the same month of the next following calendar year, |
5 | | and
between the last mentioned day and the same day of the same |
6 | | month of the
next following calendar year, and between the |
7 | | last mentioned day and the
next succeeding general municipal |
8 | | election. The fiscal year of each municipality
with 500,000 or |
9 | | more inhabitants shall commence on January 1.
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10 | | (6) Where reference is made to a county within which a |
11 | | municipality,
district, area, or territory is situated, the |
12 | | reference is to the county
within which is situated the major |
13 | | part of the area of that
municipality, district, area, or |
14 | | territory, in case the municipality,
district, area, or |
15 | | territory is situated in 2 or more counties.
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16 | | (7) Where reference is made for any purpose to any other |
17 | | Act, either specifically
or generally, the reference shall be |
18 | | to that Act and to all amendments to
that Act
now in force or |
19 | | that may be hereafter enacted.
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20 | | (8) Wherever the words "city council", " alderpersons |
21 | | aldermen ", "commissioners", or
"mayor" occur, the provisions |
22 | | containing these words shall apply to the
board of trustees, |
23 | | trustees, and president, respectively, of villages and
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24 | | incorporated towns and councilmen in cities, so far as those |
25 | | provisions
are applicable to them.
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26 | | (9) The terms "special charter" and "special Act" are |
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1 | | synonymous.
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2 | | (10) "General municipal election" means the biennial |
3 | | regularly scheduled
election for the election of officers of |
4 | | cities, villages, and incorporated
towns, as prescribed by the |
5 | | general election law; in the case of municipalities
that elect |
6 | | officers annually, "general municipal election"
means each |
7 | | regularly
scheduled election for the election of officers of |
8 | | cities, villages, and
incorporated
towns.
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9 | | (Source: P.A. 87-1119.)
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10 | | (65 ILCS 5/2-2-9) (from Ch. 24, par. 2-2-9)
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11 | | Sec. 2-2-9.
The election for city officers in any |
12 | | incorporated town or
village which has voted to incorporate as |
13 | | a city shall be held at the time
of the next regularly |
14 | | scheduled election
for officers, in accordance with the |
15 | | general election law. The corporate
authorities of such |
16 | | incorporated
town or village shall cause the result to be |
17 | | entered upon
the records of the city. Alderpersons Aldermen
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18 | | may be elected on a general ticket at the election.
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19 | | (Source: P.A. 81-1490.)
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20 | | (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
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21 | | Sec. 3.1-10-5. Qualifications; elective office.
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22 | | (a) A person is not eligible for an elective municipal |
23 | | office unless that
person is a qualified elector of the |
24 | | municipality and has resided in the
municipality at least
one |
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1 | | year next preceding the election or appointment, except as |
2 | | provided in Section 3.1-20-25, subsection (b) of Section |
3 | | 3.1-25-75, Section 5-2-2, or Section 5-2-11.
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4 | | (b) A person is not eligible to take the oath of office for |
5 | | a municipal office if that person is, at the time required for |
6 | | taking the oath of office, in arrears in the payment of a tax |
7 | | or other indebtedness due to the municipality or
has been |
8 | | convicted in any court located in the United States of any |
9 | | infamous
crime,
bribery, perjury, or other felony , unless such |
10 | | person is again restored to his or her rights of citizenship |
11 | | that may have been forfeited under Illinois law as a result of |
12 | | a conviction, which includes eligibility to hold elected |
13 | | municipal office, by the terms of a pardon for the offense, has |
14 | | received a restoration of rights by the Governor, or otherwise |
15 | | according to law. Any time after a judgment of conviction is |
16 | | rendered, a person convicted of an infamous crime, bribery, |
17 | | perjury, or other felony may petition the Governor for a |
18 | | restoration of rights. |
19 | | The changes made to this subsection by this amendatory Act |
20 | | of the 102nd General Assembly are declarative of existing law |
21 | | and apply to all persons elected at the April 4, 2017 |
22 | | consolidated election and to persons elected or appointed |
23 | | thereafter .
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24 | | (b-5) (Blank). |
25 | | (c) A person is not eligible for the office of alderperson
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26 | | alderman of a ward unless that person has resided
in the ward |
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1 | | that the person seeks to represent, and a person is not |
2 | | eligible for the office of trustee of a district unless that |
3 | | person has resided in the
municipality, at least one year next
|
4 | | preceding the election or appointment, except
as provided in |
5 | | Section 3.1-20-25, subsection (b) of Section 3.1-25-75, |
6 | | Section 5-2-2, or Section 5-2-11.
|
7 | | (d) If a person (i) is a resident of a municipality |
8 | | immediately prior to the active duty military service of that |
9 | | person or that person's spouse, (ii) resides anywhere outside |
10 | | of the municipality during that active duty military service, |
11 | | and (iii) immediately upon completion of that active duty |
12 | | military service is again a resident of the municipality, then |
13 | | the time during which the person resides outside the |
14 | | municipality during the active duty military service is deemed |
15 | | to be time during which the person is a resident of the |
16 | | municipality for purposes of determining the residency |
17 | | requirement under subsection (a).
|
18 | | (Source: P.A. 98-115, eff. 7-29-13; 99-449, eff. 8-24-15.)
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19 | | (65 ILCS 5/3.1-10-30) (from Ch. 24, par. 3.1-10-30)
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20 | | Sec. 3.1-10-30. Bond. Before entering upon the duties of |
21 | | their
respective offices, all
municipal officers, except |
22 | | alderpersons aldermen and trustees, shall execute a bond with
|
23 | | security, to be approved by the corporate authorities. The |
24 | | bond shall be
payable to the municipality in the penal sum |
25 | | directed by
resolution or ordinance, conditioned upon the |
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1 | | faithful performance of the
duties of the office and the |
2 | | payment of all money received by the officer,
according to law |
3 | | and the ordinances of that municipality. The bond
may provide |
4 | | that the obligation of the sureties shall not extend to any
|
5 | | loss sustained by the insolvency, failure, or closing of any |
6 | | bank or savings
and loan association organized
and operating |
7 | | either under the laws of the State of Illinois or the United
|
8 | | States in which the officer has placed funds in the officer's |
9 | | custody, if the
bank
or savings and loan association has been |
10 | | approved by the corporate authorities
as a depository for |
11 | | those
funds. In no case, however, shall the mayor's bond be |
12 | | fixed at less than
$3,000. The treasurer's bond shall be an |
13 | | amount of money that is not less
than 3 times the latest |
14 | | Federal census population or any subsequent
census figure used |
15 | | for Motor Fuel Tax purposes. Bonds shall be filed
with the |
16 | | municipal clerk, except the bond of the clerk, which shall be
|
17 | | filed with the municipal treasurer.
|
18 | | (Source: P.A. 87-1119.)
|
19 | | (65 ILCS 5/3.1-10-50)
|
20 | | Sec. 3.1-10-50. Events upon which an elective office |
21 | | becomes vacant in municipality with population under 500,000.
|
22 | | (a) Vacancy by resignation. A resignation is not effective |
23 | | unless it is in
writing, signed by the person holding the |
24 | | elective office, and notarized.
|
25 | | (1) Unconditional resignation. An unconditional |
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1 | | resignation by a person holding the elective office may |
2 | | specify a future date, not later than 60 days after the |
3 | | date the resignation is received by the officer authorized |
4 | | to fill the vacancy, at
which time it becomes operative, |
5 | | but the resignation may not be withdrawn after it is
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6 | | received by the officer authorized to fill the vacancy. |
7 | | The effective date of a resignation that does not specify |
8 | | a future date at which it becomes operative is the date the
|
9 | | resignation is received by the officer authorized to fill |
10 | | the vacancy. The effective date of
a resignation that has |
11 | | a specified future effective date is that specified future |
12 | | date or the date the resignation is received by the |
13 | | officer authorized to fill the vacancy, whichever date |
14 | | occurs later. |
15 | | (2) Conditional resignation. A resignation that does |
16 | | not become
effective unless a specified event occurs can |
17 | | be withdrawn at any time prior to the occurrence of the |
18 | | specified event, but if not withdrawn, the effective date |
19 | | of the
resignation is the date of the occurrence of the |
20 | | specified event or the date the resignation is received by |
21 | | the officer authorized to fill the vacancy, whichever date |
22 | | occurs later. |
23 | | (3) Vacancy upon the effective date. For the purpose |
24 | | of determining the time period that would require an |
25 | | election to fill the vacancy by resignation or the |
26 | | commencement of the 60-day time period referred to in |
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1 | | subsection (e), the resignation of an elected officer is |
2 | | deemed to have created a vacancy as of the effective date |
3 | | of the resignation. |
4 | | (4) Duty of the clerk. If a resignation is delivered |
5 | | to the clerk of the municipality, the clerk shall forward |
6 | | a certified copy of the written resignation to the |
7 | | official who is authorized to fill the vacancy within 7 |
8 | | business days after receipt of the resignation. |
9 | | (b) Vacancy by death or disability. A vacancy occurs in an |
10 | | office by reason
of the death of the incumbent. The date of the |
11 | | death may be established by the date shown on the death
|
12 | | certificate. A vacancy occurs in an office by permanent |
13 | | physical or
mental disability rendering the person incapable |
14 | | of performing the duties of the office.
The corporate |
15 | | authorities have the authority to make the determination |
16 | | whether an officer is incapable of performing the duties of |
17 | | the office because of a permanent physical or mental |
18 | | disability. A finding of mental disability shall not be made |
19 | | prior to the appointment by a court of a guardian ad litem for |
20 | | the officer or until a duly licensed
doctor certifies, in |
21 | | writing, that the officer is mentally impaired to the extent |
22 | | that the
officer is unable to effectively perform the duties |
23 | | of the office. If the corporate
authorities find that an |
24 | | officer is incapable of performing the duties of the office |
25 | | due to permanent
physical or mental disability, that person is |
26 | | removed from the office and the vacancy of the office occurs on |
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1 | | the date of the determination. |
2 | | (c) Vacancy by other causes. |
3 | | (1) Abandonment and other causes. A vacancy occurs in |
4 | | an office by reason of abandonment of office; removal from |
5 | | office; or failure to qualify; or more than
temporary |
6 | | removal of residence from the municipality; or in the case |
7 | | of an alderperson alderman of a ward or councilman or |
8 | | trustee of a district, more than temporary removal of |
9 | | residence
from the ward or district, as the case may be. |
10 | | The corporate authorities have the authority to determine |
11 | | whether a vacancy under this subsection has occurred. If |
12 | | the corporate authorities determine that a vacancy exists, |
13 | | the office is deemed vacant as of the date of that |
14 | | determination for all purposes including the calculation |
15 | | under subsections (e), (f), and (g). |
16 | | (2) Guilty of a criminal offense. An admission of |
17 | | guilt of a criminal
offense that upon conviction would |
18 | | disqualify the municipal officer from holding the
office, |
19 | | in the form of a written agreement with State or federal |
20 | | prosecutors to plead guilty to a felony, bribery, perjury, |
21 | | or other infamous crime under State or federal law, |
22 | | constitutes a resignation from that office, effective on |
23 | | the date the plea agreement is made. For purposes of this |
24 | | Section, a conviction for an offense that disqualifies a |
25 | | municipal officer from holding that office occurs on the |
26 | | date of the return of a guilty verdict or, in the case of a |
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1 | | trial by the court, on the entry of a finding of guilt. |
2 | | (3) Election declared void. A vacancy occurs on the |
3 | | date of the decision of a competent tribunal declaring the |
4 | | election of the officer void. |
5 | | (4) Owing a debt to the municipality. A vacancy occurs |
6 | | if a municipal official fails to pay a debt to a |
7 | | municipality in which the official has been elected or |
8 | | appointed to an elected position subject to the following: |
9 | | (A) Before a vacancy may occur under this |
10 | | paragraph (4), the municipal clerk shall deliver, by |
11 | | personal service, a written notice to the municipal |
12 | | official that (i) the municipal official is in arrears |
13 | | of a debt to the municipality, (ii) that municipal |
14 | | official must either pay or contest the debt within 30 |
15 | | days after receipt of the notice or the municipal |
16 | | official will be disqualified and his or her office |
17 | | vacated, and (iii) if the municipal official chooses |
18 | | to contest the debt, the municipal official must |
19 | | provide written notice to the municipal clerk of the |
20 | | contesting of the debt. A copy of the notice, and the |
21 | | notice to contest, shall also be mailed by the |
22 | | municipal clerk to the appointed municipal attorney by |
23 | | certified mail. If the municipal clerk is the |
24 | | municipal official indebted to the municipality, the |
25 | | mayor or president of the municipality shall assume |
26 | | the duties of the municipal clerk required under this |
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1 | | paragraph (4). |
2 | | (B) In the event that the municipal official |
3 | | chooses to contest the debt, a hearing shall be held |
4 | | within 30 days of the municipal clerk's receipt of the |
5 | | written notice of contest from the municipal official. |
6 | | An appointed municipal hearing officer shall preside |
7 | | over the hearing, and shall hear testimony and accept |
8 | | evidence relevant to the existence of the debt owed by |
9 | | the municipal officer to the municipality. |
10 | | (C) Upon the conclusion of the hearing, the |
11 | | hearing officer shall make a determination on the |
12 | | basis of the evidence presented as to whether or not |
13 | | the municipal official is in arrears of a debt to the |
14 | | municipality. The determination shall be in writing |
15 | | and shall be designated as findings, decision, and |
16 | | order. The findings, decision, and order shall |
17 | | include: (i) the hearing officer's findings of fact; |
18 | | (ii) a decision of whether or not the municipal |
19 | | official is in arrears of a debt to the municipality |
20 | | based upon the findings of fact; and (iii) an order |
21 | | that either directs the municipal official to pay the |
22 | | debt within 30 days or be disqualified and his or her |
23 | | office vacated or dismisses the matter if a debt owed |
24 | | to the municipality is not proved. A copy of the |
25 | | hearing officer's written determination shall be |
26 | | served upon the municipal official in open proceedings |
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1 | | before the hearing officer. If the municipal official |
2 | | does not appear for receipt of the written |
3 | | determination, the written determination shall be |
4 | | deemed to have been served on the municipal official |
5 | | on the date when a copy of the written determination is |
6 | | personally served on the municipal official or on the |
7 | | date when a copy of the written determination is |
8 | | deposited in the United States mail, postage prepaid, |
9 | | addressed to the municipal official at the address on |
10 | | record with the municipality. |
11 | | (D) A municipal official aggrieved by the |
12 | | determination of a hearing officer may secure judicial |
13 | | review of such determination in the circuit court of |
14 | | the county in which the hearing was held. The |
15 | | municipal official seeking judicial review must file a |
16 | | petition with the clerk of the court and must serve a |
17 | | copy of the petition upon the municipality by |
18 | | registered or certified mail within 5 days after |
19 | | service of the determination of the hearing officer. |
20 | | The petition shall contain a brief statement of the |
21 | | reasons why the determination of the hearing officer |
22 | | should be reversed. The municipal official shall file |
23 | | proof of service with the clerk of the court. No answer |
24 | | to the petition need be filed, but the municipality |
25 | | shall cause the record of proceedings before the |
26 | | hearing officer to be filed with the clerk of the court |
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1 | | on or before the date of the hearing on the petition or |
2 | | as ordered by the court.
The court shall set the matter |
3 | | for hearing to be held within 30 days after the filing |
4 | | of the petition and shall make its decision promptly |
5 | | after such hearing. |
6 | | (E) If a municipal official chooses to pay the |
7 | | debt, or is ordered to pay the debt after the hearing, |
8 | | the municipal official must present proof of payment |
9 | | to the municipal clerk that the debt was paid in full, |
10 | | and, if applicable, within the required time period as |
11 | | ordered by a hearing officer or circuit court judge. |
12 | | (F) A municipal official will be disqualified and |
13 | | his or her office vacated pursuant to this paragraph |
14 | | (4) on the later of the following times if the |
15 | | municipal official: (i) fails to pay or contest the |
16 | | debt within 30 days of the municipal official's |
17 | | receipt of the notice of the debt; (ii) fails to pay |
18 | | the debt within 30 days after being served with a |
19 | | written determination under subparagraph (C) ordering |
20 | | the municipal official to pay the debt; or (iii) fails |
21 | | to pay the debt within 30 days after being served with |
22 | | a decision pursuant to subparagraph (D) upholding a |
23 | | hearing officer's determination that the municipal |
24 | | officer has failed to pay a debt owed to a |
25 | | municipality. |
26 | | (G) For purposes of this paragraph, a "debt" shall |
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1 | | mean an arrearage in a definitely ascertainable and |
2 | | quantifiable amount after service of written notice |
3 | | thereof, in the payment of any indebtedness due to the |
4 | | municipality, which has been adjudicated before a |
5 | | tribunal with jurisdiction over the matter. A |
6 | | municipal official is considered in arrears of a debt |
7 | | to a municipality if a debt is more than 30 days |
8 | | overdue from the date the debt was due. |
9 | | (d) Election of an acting mayor or acting president. The |
10 | | election of an acting mayor or acting president pursuant to |
11 | | subsection (f) or (g) does not create a vacancy in the original |
12 | | office of the person on the city council or as a trustee, as |
13 | | the case may be, unless the person resigns from the original |
14 | | office following election as acting mayor
or acting president. |
15 | | If the person resigns from the original office following
|
16 | | election as acting mayor or acting president, then the |
17 | | original office must be filled pursuant to the terms of this |
18 | | Section and the acting mayor or acting president shall
|
19 | | exercise the powers of the mayor or president and shall vote |
20 | | and have veto power in the manner provided by law for a mayor |
21 | | or president. If the person does not resign from
the original |
22 | | office following election as acting mayor or acting president, |
23 | | then the
acting mayor or acting president shall exercise the |
24 | | powers of the mayor or president but shall be entitled to vote |
25 | | only in the manner provided for as the holder of the original |
26 | | office and shall not have the power to veto. If the person does |
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1 | | not resign from the
original office following election as |
2 | | acting mayor or acting president, and if that person's |
3 | | original term of office has not expired when a mayor or |
4 | | president is elected and has
qualified for office, the acting |
5 | | mayor or acting-president shall return to the original office |
6 | | for the remainder of the term thereof. |
7 | | (e) Appointment to fill alderperson alderman or trustee |
8 | | vacancy. An appointment by the
mayor or president or acting |
9 | | mayor or acting president, as the case may be, of a qualified |
10 | | person as described in Section 3.1-10-5 of this Code to fill a |
11 | | vacancy in the office of alderperson alderman or trustee must |
12 | | be made within 60 days after the vacancy occurs. Once the |
13 | | appointment of the qualified person has been forwarded to the |
14 | | corporate
authorities, the corporate authorities shall act |
15 | | upon the appointment within 30 days. If the appointment fails |
16 | | to receive the advice and consent of the corporate authorities |
17 | | within 30 days, the mayor or president or acting mayor or |
18 | | acting president shall appoint and forward to the corporate |
19 | | authorities a second qualified person as described in Section |
20 | | 3.1-10-5. Once the appointment of the second qualified person |
21 | | has been
forwarded to the corporate authorities, the corporate |
22 | | authorities shall act upon the
appointment within 30 days. If |
23 | | the appointment of the second qualified person also fails to |
24 | | receive the advice and consent of the corporate authorities, |
25 | | then the mayor or president or acting mayor or acting |
26 | | president, without the advice and consent of the corporate |
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1 | | authorities, may make a temporary appointment from those |
2 | | persons who were appointed but whose appointments failed to |
3 | | receive the advice and consent of the corporate authorities. |
4 | | The person receiving the temporary appointment shall serve |
5 | | until an appointment has received the advice and consent and |
6 | | the appointee has qualified or until a person has been elected |
7 | | and has qualified, whichever first occurs. |
8 | | (f) Election to fill vacancies in municipal offices with |
9 | | 4-year terms. If a vacancy occurs in an elective municipal |
10 | | office with a 4-year term and there remains an unexpired |
11 | | portion of the term of at least 28 months, and the vacancy |
12 | | occurs at least 130 days before
the general municipal election |
13 | | next scheduled under the general election law, then the |
14 | | vacancy shall be filled for the remainder of the term at that |
15 | | general municipal election. Whenever
an election is held for |
16 | | this purpose, the municipal clerk shall certify the office to |
17 | | be filled and the candidates for the office to the proper |
18 | | election authorities as provided in the general election law. |
19 | | If a vacancy occurs with less than 28 months remaining in the
|
20 | | unexpired portion of the term or less than 130 days before the |
21 | | general municipal election, then: |
22 | | (1) Mayor or president. If the
vacancy is in the |
23 | | office of mayor or president, the vacancy must be filled |
24 | | by the
corporate authorities electing one of their members |
25 | | as acting mayor or acting president. Except as set forth |
26 | | in subsection (d), the acting mayor or acting president |
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1 | | shall perform the duties and possess all the rights and |
2 | | powers of the mayor or president until a mayor or |
3 | | president is elected at the next general municipal |
4 | | election and has qualified. However, in
villages with a |
5 | | population of less than 5,000, if each of the trustees |
6 | | either declines the
election as acting president or is not |
7 | | elected by a majority vote of the trustees presently
|
8 | | holding office, then the trustees may elect, as acting |
9 | | president, any other village resident who is qualified to |
10 | | hold municipal office, and the acting president shall |
11 | | exercise the powers of the president and shall vote and |
12 | | have veto power in the manner provided by law for a |
13 | | president. |
14 | | (2) Alderperson Alderman or trustee. If the vacancy is |
15 | | in the office of alderperson alderman or
trustee, the |
16 | | vacancy must be filled by the mayor or president or acting |
17 | | mayor or acting president, as the case may be, in |
18 | | accordance with subsection (e). |
19 | | (3) Other elective office. If the vacancy is in any |
20 | | elective municipal office other than mayor or president or |
21 | | alderperson alderman or trustee, the mayor or president or |
22 | | acting mayor or acting president, as the case may be, must |
23 | | appoint a qualified person to hold the office until the |
24 | | office is filled by election, subject to the advice and |
25 | | consent of
the city council or the board of trustees, as |
26 | | the case may be. |
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1 | | (g) Vacancies in municipal offices with 2-year terms. In |
2 | | the case of an elective municipal office with a 2-year term, if |
3 | | the vacancy occurs at least 130 days before the general |
4 | | municipal election next scheduled under the general election |
5 | | law, the vacancy shall be filled for the remainder of the term |
6 | | at
that general municipal election. If the vacancy occurs less |
7 | | than 130 days before the general municipal election, then: |
8 | | (1) Mayor or president. If the
vacancy is in the |
9 | | office of mayor or president, the vacancy must be filled |
10 | | by the
corporate authorities electing one of their members |
11 | | as acting mayor or acting president. Except as set forth |
12 | | in subsection (d), the acting mayor or acting president |
13 | | shall perform the duties and possess all the rights and |
14 | | powers of the mayor or president until a mayor or |
15 | | president is elected at the next general municipal |
16 | | election and has qualified. However, in villages with a |
17 | | population of less than 5,000, if each of the trustees |
18 | | either declines the
election as acting president or is not |
19 | | elected by a majority vote of the trustees presently |
20 | | holding office, then the trustees may elect, as acting |
21 | | president, any other village resident who is qualified to |
22 | | hold municipal office, and the acting president shall |
23 | | exercise the powers of the president and shall vote and |
24 | | have veto power in the manner provided by law for a |
25 | | president. |
26 | | (2) Alderperson Alderman or trustee. If the vacancy is |
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1 | | in the office of alderperson alderman or trustee, the |
2 | | vacancy must be filled by the mayor or president or acting |
3 | | mayor or acting president, as the case may be, in |
4 | | accordance with subsection (e). |
5 | | (3) Other elective office. If the vacancy is in any |
6 | | elective municipal office other than mayor or president or |
7 | | alderperson alderman or trustee, the mayor or president or |
8 | | acting mayor or acting president, as the case may be, must |
9 | | appoint a qualified person to
hold the office until the |
10 | | office is filled by election, subject to the advice and |
11 | | consent of the city council or the board of trustees, as |
12 | | the case may be. |
13 | | (h) In cases of vacancies arising by reason of an election |
14 | | being declared void pursuant to paragraph (3) of subsection |
15 | | (c), persons holding elective office prior thereto shall hold
|
16 | | office until their successors are elected and qualified or |
17 | | appointed and confirmed by advice and consent, as the case may |
18 | | be.
|
19 | | (i) This Section applies only to municipalities with |
20 | | populations under 500,000.
|
21 | | (Source: P.A. 99-449, eff. 8-24-15.)
|
22 | | (65 ILCS 5/3.1-10-51) |
23 | | Sec. 3.1-10-51. Vacancies in municipalities with a |
24 | | population of 500,000 or more. |
25 | | (a) Events upon which an elective office in a municipality |
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1 | | of 500,000 or more shall become vacant: |
2 | | (1) A municipal officer may resign from office. A |
3 | | vacancy occurs in an office by
reason of resignation, |
4 | | failure to elect or qualify (in which case the incumbent |
5 | | shall remain
in office until the vacancy is filled), |
6 | | death, permanent physical or mental disability
rendering |
7 | | the person incapable of performing the duties of his or |
8 | | her office, conviction of a disqualifying crime, |
9 | | abandonment of office, removal from office, or removal of |
10 | | residence from the municipality or, in the case of an |
11 | | alderperson alderman of a ward, removal of residence from |
12 | | the ward. |
13 | | (2) An admission of guilt of a criminal offense that |
14 | | would, upon conviction, disqualify the municipal officer |
15 | | from holding that office, in the form of a written |
16 | | agreement with State or federal prosecutors to plead |
17 | | guilty to a felony, bribery, perjury, or other infamous |
18 | | crime under State or federal law, shall constitute a |
19 | | resignation from that office, effective at the time the |
20 | | plea agreement is made. For purposes of this Section, a |
21 | | conviction for an offense that disqualifies the municipal |
22 | | officer from holding that office occurs on the date of the |
23 | | return of a guilty verdict or, in the case of a trial
by |
24 | | the court, the entry of a finding of guilt. |
25 | | (3) Owing a debt to the municipality. A vacancy occurs |
26 | | if a municipal official fails to pay a debt to a |
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1 | | municipality in which the official has been elected or |
2 | | appointed to an elected position subject to the following: |
3 | | (A) Before a vacancy may occur under this |
4 | | paragraph (3), the municipal clerk shall deliver, by |
5 | | personal service, a written notice to the municipal |
6 | | official that (i) the municipal official is in arrears |
7 | | of a debt to the municipality, (ii) that municipal |
8 | | official must either pay or contest the debt within 30 |
9 | | days after receipt of the notice or the municipal |
10 | | official will be disqualified and his or her office |
11 | | vacated, and (iii) if the municipal official chooses |
12 | | to contest the debt, the municipal official must |
13 | | provide written notice to the municipal clerk of the |
14 | | contesting of the debt. A copy of the notice, and the |
15 | | notice to contest, shall also be mailed by the |
16 | | municipal clerk to the appointed municipal attorney by |
17 | | certified mail. If the municipal clerk is the |
18 | | municipal official indebted to the municipality, the |
19 | | mayor or president of the municipality shall assume |
20 | | the duties of the municipal clerk required under this |
21 | | paragraph (3). |
22 | | (B) In the event that the municipal official |
23 | | chooses to contest the debt, a hearing shall be held |
24 | | within 30 days of the municipal clerk's receipt of the |
25 | | written notice of contest from the municipal official. |
26 | | An appointed municipal hearing officer shall preside |
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1 | | over the hearing, and shall hear testimony and accept |
2 | | evidence relevant to the existence of the debt owed by |
3 | | the municipal officer to the municipality. |
4 | | (C) Upon the conclusion of the hearing, the |
5 | | hearing officer shall make a determination on the |
6 | | basis of the evidence presented as to whether or not |
7 | | the municipal official is in arrears of a debt to the |
8 | | municipality. The determination shall be in writing |
9 | | and shall be designated as findings, decision, and |
10 | | order. The findings, decision, and order shall |
11 | | include: (i) the hearing officer's findings of fact; |
12 | | (ii) a decision of whether or not the municipal |
13 | | official is in arrears of a debt to the municipality |
14 | | based upon the findings of fact; and (iii) an order |
15 | | that either directs the municipal official to pay the |
16 | | debt within 30 days or be disqualified and his or her |
17 | | office vacated or dismisses the matter if a debt owed |
18 | | to the municipality is not proved. A copy of the |
19 | | hearing officer's written determination shall be |
20 | | served upon the municipal official in open proceedings |
21 | | before the hearing officer. If the municipal official |
22 | | does not appear for receipt of the written |
23 | | determination, the written determination shall be |
24 | | deemed to have been served on the municipal official |
25 | | on the date when a copy of the written determination is |
26 | | personally served on the municipal official or on the |
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1 | | date when a copy of the written determination is |
2 | | deposited in the United States mail, postage prepaid, |
3 | | addressed to the municipal official at the address on |
4 | | record in the files of the municipality. |
5 | | (D) A municipal official aggrieved by the |
6 | | determination of a hearing officer may secure judicial |
7 | | review of such determination in the circuit court of |
8 | | the county in which the hearing was held. The |
9 | | municipal official seeking judicial review must file a |
10 | | petition with the clerk of the court and must serve a |
11 | | copy of the petition upon the municipality by |
12 | | registered or certified mail within 5 days after |
13 | | service of the determination of the hearing officer. |
14 | | The petition shall contain a brief statement of the |
15 | | reasons why the determination of the hearing officer |
16 | | should be reversed. The municipal official shall file |
17 | | proof of service with the clerk of the court. No answer |
18 | | to the petition need be filed, but the municipality |
19 | | shall cause the record of proceedings before the |
20 | | hearing officer to be filed with the clerk of the court |
21 | | on or before the date of the hearing on the petition or |
22 | | as ordered by the court.
The court shall set the matter |
23 | | for hearing to be held within 30 days after the filing |
24 | | of the petition and shall make its decision promptly |
25 | | after such hearing. |
26 | | (E) If a municipal official chooses to pay the |
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1 | | debt, or is ordered to pay the debt after the hearing, |
2 | | the municipal official must present proof of payment |
3 | | to the municipal clerk that the debt was paid in full, |
4 | | and, if applicable, within the required time period as |
5 | | ordered by a hearing officer. |
6 | | (F) A municipal official will be disqualified and |
7 | | his or her office vacated pursuant to this paragraph |
8 | | (3) on the later of the following times the municipal |
9 | | official: (i) fails to pay or contest the debt within |
10 | | 30 days of the municipal official's receipt of the |
11 | | notice of the debt; (ii) fails to pay the debt within |
12 | | 30 days after being served with a written |
13 | | determination under subparagraph (C) ordering the |
14 | | municipal official to pay the debt; or (iii) fails to |
15 | | pay the debt within 30 days after being served with a |
16 | | decision pursuant to subparagraph (D) upholding a |
17 | | hearing officer's determination that the municipal |
18 | | officer has failed to pay a debt owed to a |
19 | | municipality. |
20 | | (G) For purposes of this paragraph, a "debt" shall |
21 | | mean an arrearage in a definitely ascertainable and |
22 | | quantifiable amount after service of written notice |
23 | | thereof, in the payment of any indebtedness due to the |
24 | | municipality, which has been adjudicated before a |
25 | | tribunal with jurisdiction over the matter. A |
26 | | municipal official is considered in arrears of a debt |
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1 | | to a municipality if a debt is more than 30 days |
2 | | overdue from the date the debt was due. |
3 | | (b) If a vacancy occurs in an elective municipal office |
4 | | with a 4-year term and
there remains an unexpired portion of |
5 | | the term of at least 28 months, and the vacancy occurs at least |
6 | | 130 days before the general municipal election next scheduled |
7 | | under the general election law, then the vacancy shall be |
8 | | filled for the remainder of the term at that
general municipal |
9 | | election. Whenever an election is held for this purpose, the |
10 | | municipal
clerk shall certify the office to be filled and the |
11 | | candidates for the office to the proper
election authorities |
12 | | as provided in the general election law. If the vacancy is in |
13 | | the office
of mayor, the city council shall elect one of their |
14 | | members acting mayor. The acting mayor shall perform the |
15 | | duties and possess all the rights and powers of the mayor until |
16 | | a successor to fill the vacancy has been elected and has |
17 | | qualified. If the
vacancy is in any other elective municipal |
18 | | office, then until the office is filled by election,
the mayor |
19 | | shall appoint a qualified person to the office subject to the |
20 | | advice
and consent of the city council. |
21 | | (c) If a vacancy occurs later than the time provided in |
22 | | subsection (b) in a 4-year term, a vacancy in the office of |
23 | | mayor shall be filled by the corporate authorities electing |
24 | | one of their members acting mayor. The acting mayor shall |
25 | | perform the duties and possess all the rights and powers of the |
26 | | mayor until a mayor is elected at the next general municipal |
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1 | | election and has qualified. A vacancy occurring later than the |
2 | | time provided in subsection (b) in a 4-year term in any |
3 | | elective office other than mayor shall be filled by |
4 | | appointment by the mayor, with the advice and consent of the |
5 | | corporate authorities.
|
6 | | (d) A municipal officer appointed or elected under this |
7 | | Section shall hold office
until the officer's successor is |
8 | | elected and has qualified. |
9 | | (e) An appointment to fill a vacancy in the office of |
10 | | alderperson alderman shall be made within 60 days after the |
11 | | vacancy occurs. The requirement that an appointment be made
|
12 | | within 60 days is an exclusive power and function of the State |
13 | | and is a denial and
limitation under Article VII, Section 6, |
14 | | subsection (h) of the Illinois Constitution of the power of a |
15 | | home rule municipality to require that an appointment be made |
16 | | within a different period after the vacancy occurs. |
17 | | (f) This Section applies only to municipalities with a |
18 | | population of 500,000 or more.
|
19 | | (Source: P.A. 99-449, eff. 8-24-15.)
|
20 | | (65 ILCS 5/3.1-10-60) (from Ch. 24, par. 3.1-10-60)
|
21 | | Sec. 3.1-10-60. Interim appointments to vacancies. If a |
22 | | municipality
has no mayor or president, no clerk, and no |
23 | | alderpersons aldermen or trustees, the circuit
court may, upon |
24 | | petition signed by at least 100 electors or 10% of the electors
|
25 | | of the municipality, whichever is less, make interim |
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1 | | appointments to fill all
vacancies in the elective offices of |
2 | | the municipality from among persons whose
names are submitted |
3 | | by the petition or petitions. The interim appointees shall
|
4 | | serve until the next regularly scheduled election under the |
5 | | general election
law occurring not less than 120 days after |
6 | | all the offices have become vacant.
|
7 | | (Source: P.A. 87-1119.)
|
8 | | (65 ILCS 5/3.1-10-65) (from Ch. 24, par. 3.1-10-65)
|
9 | | Sec. 3.1-10-65. Referendum to reduce terms.
|
10 | | (a) In any municipality of less than 500,000 inhabitants, |
11 | | a
proposition to reduce the terms of the elective officers of |
12 | | the
municipality from 4 years to 2 years may be submitted, |
13 | | within the discretion of
the corporate authorities, to the |
14 | | electors of the municipality. The
proposition shall also be |
15 | | submitted if a petition requesting that action is
signed by |
16 | | electors of the municipality numbering not less than 10% of
|
17 | | the total vote cast at the last election for mayor or president |
18 | | of the
municipality and the petition is filed with the |
19 | | municipal clerk and
certified in accordance with the general |
20 | | election law. The proposition shall be
substantially in the |
21 | | following form:
|
22 | | Shall the term of the elective officers of (name of |
23 | | municipality) be
reduced from 4 years to 2 years?
|
24 | | (b) If a majority of the electors voting on the |
25 | | proposition vote
against it, the terms of the officers shall |
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1 | | remain 4 years. If, however,
a majority of those voting on the |
2 | | proposition vote in favor of it, the
officers elected at the |
3 | | next regular election for officers in the
municipality shall |
4 | | hold their offices for a term of 2 years and until
their |
5 | | successors are elected and have qualified, except in the case |
6 | | of
trustees and alderpersons aldermen . In the case of |
7 | | alderpersons aldermen and trustees:
(i) at the first election |
8 | | of alderpersons aldermen or trustees that occurs in
an odd |
9 | | numbered year following the vote to reduce the length of |
10 | | terms,
successors to alderpersons aldermen or trustees whose |
11 | | terms expire in that year shall
be elected for a term of one |
12 | | year and until their successors are elected
and have qualified |
13 | | and (ii) thereafter, one-half of the alderpersons aldermen or
|
14 | | trustees shall be elected each year for terms of 2 years and |
15 | | until their
successors are elected and have qualified.
|
16 | | (Source: P.A. 87-1119.)
|
17 | | (65 ILCS 5/3.1-10-75) (from Ch. 24, par. 3.1-10-75)
|
18 | | Sec. 3.1-10-75. Referendum to lengthen terms.
|
19 | | (a) In any municipality of
less than 500,000 inhabitants
|
20 | | that, under Section 3.1-10-65, has voted to shorten the terms |
21 | | of
elective officers, a proposition to lengthen the terms of |
22 | | the elective
officers of the municipality from 2 years to 4 |
23 | | years may be submitted,
within the discretion of the corporate |
24 | | authorities, to the electors of
the municipality.
The |
25 | | proposition shall be certified by the municipal clerk to the |
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1 | | appropriate
election authorities, who shall submit the |
2 | | proposition at an election in
accordance
with the general |
3 | | election law. The proposition shall also be submitted at
an |
4 | | election if a petition requesting that action
is signed by |
5 | | electors of the municipality numbering not less than 10% of
|
6 | | the total vote cast at the last election for mayor or president |
7 | | of the
municipality and the petition is filed with the |
8 | | municipal clerk.
The proposition shall be substantially in the
|
9 | | following form:
|
10 | | Shall the term of the elective
officers of (name of |
11 | | municipality)
be lengthened from 2 years to 4 years?
|
12 | | (b) If a majority of the electors voting on the |
13 | | proposition vote
against it, the terms of the officers shall |
14 | | remain 2 years. If, however,
a majority of those voting on the |
15 | | proposition vote in favor of it, the
officers elected at the |
16 | | next regular election for officers in the
municipality shall |
17 | | hold their offices for a term of 4 years and until
their |
18 | | successors are elected and have qualified, except in the case |
19 | | of
trustees and alderpersons aldermen . In the case of |
20 | | alderpersons aldermen and trustees:
(i) if the first election |
21 | | for alderpersons aldermen or trustees, after
approval of the |
22 | | proposition, occurs in an even numbered year, the alderpersons
|
23 | | aldermen or trustees elected in that even numbered year shall |
24 | | serve for
terms of 3 years and until their successors are |
25 | | elected and have qualified, the
terms for successors to those |
26 | | elected at the first even numbered year
election shall be 4 |
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1 | | years and until successors are elected and have qualified,
the |
2 | | alderpersons aldermen or trustees elected at the first odd |
3 | | numbered year election
next following the first even numbered |
4 | | year election shall serve for
terms of 4 years and until |
5 | | successors are elected and have qualified, and
successors |
6 | | elected after the first odd numbered year shall also serve 4
|
7 | | year terms and until their successors are elected and have |
8 | | qualified and (ii) if
the first election for alderpersons |
9 | | aldermen or trustees, after approval of the
proposition, |
10 | | occurs in an odd numbered year, the alderpersons aldermen or |
11 | | trustees
elected in that odd numbered year shall serve for |
12 | | terms of 4 years and
until their successors are elected and |
13 | | have qualified, the terms for successors
to those elected at |
14 | | the first odd numbered year election shall be for 4
years and |
15 | | until successors are elected and have qualified, the |
16 | | alderpersons aldermen or
trustees elected at the first even |
17 | | numbered year election next following
the first odd numbered |
18 | | year election shall serve for terms of one year
and until their |
19 | | successors are elected and have qualified, and the terms for
|
20 | | successors to those elected at the first odd numbered year |
21 | | election
shall be 4 years and until their successors are |
22 | | elected and have qualified.
|
23 | | (Source: P.A. 87-1119.)
|
24 | | (65 ILCS 5/3.1-15-5) (from Ch. 24, par. 3.1-15-5)
|
25 | | Sec. 3.1-15-5. Officers to be elected. In all cities |
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1 | | incorporated
under this Code there shall be elected a mayor, |
2 | | alderpersons aldermen , a city clerk, and a
city treasurer |
3 | | (except in the case of a city of 10,000 or fewer inhabitants
|
4 | | that, by ordinance, allows for the appointment of a city |
5 | | treasurer by the
mayor, subject to the advice and consent of |
6 | | the city council). In all villages
and incorporated towns, |
7 | | there shall be elected a president, trustees, and a
clerk, |
8 | | except as otherwise provided in this Code.
|
9 | | (Source: P.A. 87-1119; 88-572, eff. 8-11-94.)
|
10 | | (65 ILCS 5/3.1-15-15) (from Ch. 24, par. 3.1-15-15)
|
11 | | Sec. 3.1-15-15. Holding other offices. A mayor, president, |
12 | | alderperson
alderman , trustee, clerk, or
treasurer shall not |
13 | | hold
any other office under the municipal government during
|
14 | | the term of that office, except when the officer is granted a |
15 | | leave of absence
from that office or
except as otherwise |
16 | | provided in Sections 3.1-10-50, 3.1-35-135, and 8-2-9.1.
|
17 | | Moreover, an officer may serve as a volunteer fireman and |
18 | | receive compensation
for
that service.
|
19 | | (Source: P.A. 99-386, eff. 8-17-15.)
|
20 | | (65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
|
21 | | Sec. 3.1-15-25. Conservators of the peace; service of |
22 | | warrants.
|
23 | | (a) After receiving a certificate attesting to the |
24 | | successful completion
of
a training course administered by the |
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1 | | Illinois Law Enforcement Training
Standards Board, the mayor, |
2 | | alderpersons aldermen ,
president, trustees, marshal, deputy
|
3 | | marshals, and policemen in municipalities shall be |
4 | | conservators
of the peace. Those persons and others authorized |
5 | | by
ordinance shall have power (i) to arrest or cause to be |
6 | | arrested, with or
without process, all persons who break the |
7 | | peace or are found violating
any municipal ordinance or any |
8 | | criminal law of the State, (ii) to commit
arrested persons for |
9 | | examination, (iii) if necessary, to detain arrested
persons in |
10 | | custody over night or Sunday in any safe place or until they
|
11 | | can be brought before the proper court, and (iv) to exercise |
12 | | all other
powers as conservators of the peace prescribed by |
13 | | the corporate authorities.
|
14 | | (b) All warrants for the violation of municipal ordinances |
15 | | or the State
criminal law, directed to any person, may be |
16 | | served and executed within the
limits of a municipality by any |
17 | | policeman or marshal of the
municipality. For that purpose, |
18 | | policemen and marshals have all the
common law and statutory |
19 | | powers of sheriffs.
|
20 | | (Source: P.A. 90-540, eff. 12-1-97.)
|
21 | | (65 ILCS 5/3.1-15-30) (from Ch. 24, par. 3.1-15-30)
|
22 | | Sec. 3.1-15-30. Minority representation.
|
23 | | (a) Whenever the question of
incorporation as a city under
|
24 | | this Code is submitted for adoption to the electors of any |
25 | | territory,
village, incorporated town, or city under special |
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1 | | charter, there may be
submitted at the same time for adoption |
2 | | or rejection the question of
minority representation in the |
3 | | city council. The proposition shall be
in the following form:
|
4 | | Shall minority representation in the city council be |
5 | | adopted?
|
6 | | (b) If a majority of the votes cast on the question at any |
7 | | election are
for minority representation in the city council, |
8 | | the members of the city
council, except as otherwise provided, |
9 | | thereafter shall be elected as
provided in Section 3.1-15-35.
|
10 | | (c) The city council, at least 30 days before the first day |
11 | | fixed
by law for the filing of candidate petitions for the next |
12 | | general municipal
election, shall apportion the city by |
13 | | dividing its population,
as ascertained by an official |
14 | | publication of any national,
state, school, or city census, by |
15 | | any number not less than 2 nor more
than 6. The quotient shall |
16 | | be the ratio of representation in the city
council. Districts |
17 | | shall be formed of contiguous and compact territory
and |
18 | | contain, as near as practicable, an equal number of |
19 | | inhabitants.
|
20 | | (d) If a majority of the votes cast on the question at any |
21 | | election are
against minority representation in the city |
22 | | council, the members of the
city council shall be elected as |
23 | | otherwise provided in this Code.
|
24 | | (e) At any time after the incorporation of a city under |
25 | | this
Code, on petition of electors equal in number to |
26 | | one-eighth the number
of legal votes cast at the next |
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1 | | preceding general municipal election,
the city clerk shall |
2 | | certify
the question of the adoption or
retention of minority |
3 | | representation to the proper election authority
for submission |
4 | | to the electors of that city. The proposition
shall be in the |
5 | | same form as provided in this Section, except
that the word |
6 | | "retained" shall be substituted for the word "adopted"
when |
7 | | appropriate. A question of minority representation, however, |
8 | | shall not be
submitted more than once within 32 months.
|
9 | | (f) If the city council of any city adopting minority |
10 | | representation
as provided in this Section has not fixed a |
11 | | ratio of representation and
formed the districts by the time |
12 | | specified in this Section, those acts
may be done by any later |
13 | | city council. All official acts
done and ordinances passed by |
14 | | a city council
elected at large by the electors of a city that |
15 | | has adopted a
minority representation plan shall be as valid |
16 | | and binding as if the alderpersons
aldermen had been elected |
17 | | from districts.
|
18 | | (Source: P.A. 87-1119.)
|
19 | | (65 ILCS 5/3.1-15-35) (from Ch. 24, par. 3.1-15-35)
|
20 | | Sec. 3.1-15-35. Alderpersons Aldermen under minority |
21 | | representation plan. Every
district under a minority |
22 | | representation plan shall be entitled to 3 alderpersons |
23 | | aldermen . Alderpersons
Aldermen shall hold their offices for 4 |
24 | | years and until their successors have
been elected and |
25 | | qualified, except in cities that have adopted a 2 year term
|