Rep. Maurice A. West, II

Filed: 5/31/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 825

2    AMENDMENT NO. ______. Amend Senate Bill 825 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 2A-1.1, 2A-1.2, 2A-26, 2A-28, 7-4, 7-8, 7-10, 7-10.2,
67-12, 7-13, 7-14, 7-16, 7-17, 7-43, 7-59, 7-60, 7-61, 8-5,
78-8, 8-8.1, 8-10, 8-17, 9-8.10, 9-13, 10-3, 10-4, 10-5.1,
810-6, 10-7, 10-8, 10-14, 16-3, 16-5.01, 17-13, 17-16.1,
918-9.1, 19-2, 19-3, 19A-15, 19A-20, 23-6.1, 25-6, and 29-15
10and by adding Sections 1-18, 1A-60, 1A-65, 2A-1.1b, 2A-1.1c,
1111-8, 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
15begin utilizing a ".gov" website address and a ".gov"
16electronic mail address for each employee within one year of

 

 

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1the effective date of this amendatory Act of the 102nd General
2Assembly. The integrity of election authorities' websites and
3electronic mail addresses shall be protected using electronic
4mail security products provided by the Illinois Department of
5Innovation and Technology or a third-party vendor.
6    (b) Each election authority shall perform an
7organizational risk assessment through the Cyber Navigator
8Program on a biennial basis.
9    (c) Each election authority shall begin performing monthly
10vulnerability scans to defend against cyber breaches within 6
11months after the effective date of this amendatory Act of the
12102nd General Assembly.
13    (d) Each election authority shall begin using endpoint
14detection and response security tools on all computers
15utilized by employees within one year of the effective date of
16this 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
20document explaining the process to register to vote to be
21disseminated to high school age students. Every high school
22must provide students with that document, which may be
23disseminated electronically.
24    (b) No high school may prohibit nonpartisan voter
25registration activities on its premises. A high school may

 

 

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1adopt reasonable regulations restricting nonpartisan voter
2registration activities.
 
3    (10 ILCS 5/1A-65 new)
4    Sec. 1A-65. Election authority guidance. 90 days before
5any election, the State Board of Elections shall provide
6written guidance to election authorities on: (1) ballot
7tracking procedures and the proper terminology to be used as
8part of those procedures; and (2) summarizing requirements for
9voting, curbside voting, early voting, and vote by mail.
 
10    (10 ILCS 5/2A-1.1)  (from Ch. 46, par. 2A-1.1)
11    Sec. 2A-1.1. All Elections - Consolidated Schedule.
12    (a) Except as otherwise provided in this Code, in In
13even-numbered years, the general election shall be held on the
14first Tuesday after the first Monday of November; and an
15election to be known as the general primary election shall be
16held on the third Tuesday in March;
17    (b) In odd-numbered years, an election to be known as the
18consolidated election shall be held on the first Tuesday in
19April except as provided in Section 2A-1.1a of this Act; and an
20election to be known as the consolidated primary election
21shall be held on the last Tuesday in February.
22(Source: P.A. 95-6, eff. 6-20-07; 96-886, eff. 1-1-11.)
 
23    (10 ILCS 5/2A-1.1b new)

 

 

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1    Sec. 2A-1.1b. 2022 general primary election and general
2election dates.
3    (a) In addition to the provisions of this Code and
4notwithstanding any other law to the contrary, the provisions
5in this Section shall govern the dates for the conduct of the
62022 general primary election and for preparing for the 2022
7general election. The provisions of this Code shall control
8any aspect of the administration or conduct of the 2022
9general primary election and 2022 general election that is not
10provided for in this Section, provided that in the event of
11conflict between this Section and any other provision of this
12Code or any other law, the provisions of this Section shall
13control. The provisions of this Section shall apply to all
14election authorities, including, but not limited to, those
15under the jurisdiction of a Board of Election Commissioners.
16The provisions of this Section shall apply for the dates for
17the 2022 general primary election and the 2022 general
18election only and the provisions of this amendatory Act of the
19102nd General Assembly shall be in effect through December 31,
202022.
21    (b) Petitions for nomination for the general primary
22election may begin circulation on January 13, 2022. All
23petitions for nomination of an established party candidate for
24statewide office shall be signed by at least 3,250 but not more
25than 6,500 of the qualified primary electors of the
26candidate's party. All petitions for nomination of an

 

 

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1established party candidate for the office of Representative
2in the General Assembly shall be signed by at least 400 but not
3more than 1,000 of the qualified primary electors of the
4candidate's party in the candidate's representative district.
5All petitions for nomination of an established party candidate
6for the office of State Senator shall be signed by at least 650
7but not more than 2,000 of the qualified primary electors of
8the candidate's party in the candidate's legislative district.
9The signature requirement for an established party candidate
10for all other offices shall be reduced by one-third and any
11provision of this Code limiting the maximum number of
12signatures that may be submitted for those offices shall be
13reduced by one-third.
14    (c) Petitions for nomination for congressional, or
15judicial office, or for any office a nomination for which is
16made for a territorial division or district which comprises
17more than one county or is partly in one county and partly in
18another county or counties (including the Fox Metro Water
19Reclamation District) for the general primary election may be
20filed in the principal office of the State Board of Elections
21beginning on March 7, 2022 but no later than March 14, 2022; a
22petition for nomination to fill a vacancy by special election
23in the office of representative in Congress from this State
24(for vacancies occurring between February 21, 2022 and March
2514, 2022) for the general primary election may be filed in the
26principal office of the State Board of Elections beginning

 

 

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1March 28, 2022 but no later than April 4, 2022.
2    (d) Objections to certificates of nomination and
3nomination papers and petitions to submit public questions to
4a referendum for the general primary election shall be filed
5no later than March 21, 2022.
6    (e) Electors may request vote by mail ballots for the
7general primary election beginning on March 30, 2022 but no
8later than June 23, 2022.
9    (f) Petitions for nomination for independent candidates
10and new political party candidates for the general election
11may begin circulation on April 13, 2022.
12    (g) The State Board of Elections shall certify the names
13of candidates who filed nomination papers or certificates of
14nomination for the general primary election with the Board no
15later than April 21, 2022.
16    (h) A notarized declaration of intent to be a write-in
17candidate for the general primary election shall be filed with
18the proper election authority or authorities no later than
19April 28, 2022.
20    (i) Each election authority shall mail ballots to each
21person who has filed an application for a ballot for the
22general primary election under Article 20 no later than May
2314, 2022, and any application received after May 12, 2022
24shall be mailed within 2 business days after receipt of the
25application.
26    (j) The period for early voting by personal appearance for

 

 

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1the general primary election shall begin on May 19, 2022.
2    (k) The general primary election shall be held on June 28,
32022.
4    (l) The last day for an established party managing
5committee to appoint someone to fill a vacancy for the general
6election when no candidate was nominated at the general
7primary election and for the appointee to file the required
8documentation is August 13, 2022.
9    (m) Certificates of nomination and nomination papers for
10the nomination of new political parties and independent
11candidates for offices to be filled by electors of the entire
12State, or any district not entirely within a county, or for
13congressional, State legislative or judicial offices shall be
14presented to the principal office of the State Board of
15Elections beginning July 5, 2022 but no later than July 11,
162022.
17    (n) Objections to certificates of nomination and
18nomination papers for new political parties and independent
19candidates for the general election shall be filed no later
20than July 18, 2022.
21    (o) A person for whom a petition for nomination has been
22filed for the general election may withdraw his or her
23petition with the appropriate election authority no later than
24August 13, 2022.
25    (p) The State Board of Elections shall certify to the
26county clerks the names of each of the candidates to appear on

 

 

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1the ballot for the general election no later than September 6,
22022.
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.
6Notwithstanding any other provision of State law to the
7contrary, November 8, 2022 shall be a State holiday known as
82022 General Election Day and shall be observed throughout the
9State. November 8, 2022 shall be deemed a legal school holiday
10for purposes of the School Code and State Universities Civil
11Service Act. Any school closed under this amendatory Act of
12the 102nd General Assembly and Section 24-2 of the School Code
13shall be made available to an election authority as a polling
14place for 2022 General Election Day.
15    This Section is repealed on January 1, 2023.
 
16    (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
17    Sec. 2A-1.2. Consolidated schedule of elections; offices
18elections - offices designated.
19    (a) At the general election in the appropriate
20even-numbered years, the following offices shall be filled or
21shall be on the ballot as otherwise required by this Code:
22        (1) Elector of President and Vice President of the
23    United States;
24        (2) United States Senator and United States

 

 

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1    Representative;
2        (3) State Executive Branch elected officers;
3        (4) State Senator and State Representative;
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;
8        (6) Circuit Court Clerk;
9        (7) Regional Superintendent of Schools, except in
10    counties or educational service regions in which that
11    office has been abolished;
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;
15        (9) (Blank);
16        (10) Trustee of the Metropolitan Water Reclamation
17    Sanitary District of Greater Chicago, and elected Trustee
18    of other Sanitary Districts;
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.
24    (b) At the general primary election:
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
3    parties is made by caucus.
4        (2) in the appropriate even-numbered years the
5    political party offices of State central committeeperson,
6    township committeeperson, ward committeeperson, and
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
11    election is to be held, candidates in the Presidential
12    preference primary shall also be on the ballot.
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
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
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
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.
6    (c) At the consolidated election in the appropriate
7odd-numbered years, the following offices shall be filled:
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
19    election as may be provided by such ordinance;
20        (2) Village and incorporated town library directors;
21        (3) City boards of stadium commissioners;
22        (4) Commissioners of park districts;
23        (5) Trustees of public library districts;
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;
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;
6        (8) Highway commissioners and road district clerks;
7        (9) Members of school boards in school districts which
8    adopt Article 33 of the School Code;
9        (10) The directors and chair of the Chain O Lakes - Fox
10    River Waterway Management Agency;
11        (11) Forest preserve district commissioners elected
12    under Section 3.5 of the Downstate Forest Preserve
13    District Act;
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;
21        (13) Members of Community College district boards;
22        (14) Trustees of Fire Protection Districts;
23        (15) Commissioners of the Springfield Metropolitan
24    Exposition and Auditorium Authority;
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.
5    (d) At the consolidated primary election in each
6odd-numbered year, candidates of political parties shall be
7nominated for those offices to be filled at the consolidated
8election in that year, except where pursuant to law nomination
9of candidates of political parties is made by caucus, and
10except those offices listed in paragraphs (12) through (17) of
11subsection (c).
12    At the consolidated primary election in the appropriate
13odd-numbered years, the mayor, clerk, treasurer, and
14alderpersons aldermen shall be elected in municipalities in
15which candidates for mayor, clerk, treasurer, or alderperson
16alderman are not permitted by law to be candidates of
17political parties, subject to runoff elections to be held at
18the consolidated election as may be required by law, and
19municipal officers shall be nominated in a nonpartisan
20election in municipalities in which pursuant to law candidates
21for such office are not permitted to be candidates of
22political parties.
23    At the consolidated primary election in the appropriate
24odd-numbered years, municipal officers shall be nominated or
25elected, or elected subject to a runoff, as may be provided by
26an ordinance providing a form of government of the

 

 

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1municipality pursuant to Section 7 of Article VII of the
2Constitution.
3    (e) (Blank).
4    (f) At any election established in Section 2A-1.1, public
5questions may be submitted to voters pursuant to this Code and
6any special election otherwise required or authorized by law
7or by court order may be conducted pursuant to this Code.
8    Notwithstanding the regular dates for election of officers
9established in this Article, whenever a referendum is held for
10the establishment of a political subdivision whose officers
11are to be elected, the initial officers shall be elected at the
12election at which such referendum is held if otherwise so
13provided by law. In such cases, the election of the initial
14officers shall be subject to the referendum.
15    Notwithstanding the regular dates for election of
16officials established in this Article, any community college
17district which becomes effective by operation of law pursuant
18to Section 6-6.1 of the Public Community College Act, as now or
19hereafter amended, shall elect the initial district board
20members at the next regularly scheduled election following the
21effective date of the new district.
22    (g) At any election established in Section 2A-1.1, if in
23any precinct there are no offices or public questions required
24to be on the ballot under this Code then no election shall be
25held in the precinct on that date.
26    (h) There may be conducted a referendum in accordance with

 

 

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1the provisions of Division 6-4 of the Counties Code.
2(Source: P.A. 100-1027, eff. 1-1-19; revised 12-14-20.)
 
3    (10 ILCS 5/2A-26)  (from Ch. 46, par. 2A-26)
4    Sec. 2A-26. Chicago Alderpersons Aldermen. Alderpersons
5Aldermen of the City of Chicago shall be elected at the
6consolidated primary election in 1979 and at the consolidated
7primary election every 4 years thereafter. The runoff election
8where necessary, pursuant to law, for Chicago alderpersons
9aldermen shall be held at the consolidated election in 1979,
10and every 4 years thereafter.
11(Source: P.A. 80-936.)
 
12    (10 ILCS 5/2A-28)  (from Ch. 46, par. 2A-28)
13    Sec. 2A-28. Cities Generally - Alderpersons Aldermen -
14Time of Election. An alderperson alderman of a city other than
15the City of Chicago shall be elected at the consolidated or
16general primary election in each year to succeed each
17incumbent alderperson alderman whose term ends before the
18following consolidated or general election.
19(Source: P.A. 81-1433.)
 
20    (10 ILCS 5/7-4)  (from Ch. 46, par. 7-4)
21    Sec. 7-4. The following words and phrases in this Article
227 shall, unless the same be inconsistent with the context, be
23construed as follows:

 

 

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1    1. The word "primary" the primary elections provided for
2in this Article, which are the general primary, the
3consolidated primary, and for those municipalities which have
4annual partisan elections for any officer, the municipal
5primary held 6 weeks prior to the general primary election
6date in even numbered years.
7    2. The definition of terms in Section 1-3 of this Act shall
8apply to this Article.
9    3. The word "precinct" a voting district heretofore or
10hereafter established by law within which all qualified
11electors vote at one polling place.
12    4. The words "state office" or "state officer", an office
13to be filled, or an officer to be voted for, by qualified
14electors of the entire state, including United States Senator
15and Congressperson Congressman at large.
16    5. The words "congressional office" or "congressional
17officer", representatives in Congress.
18    6. The words "county office" or "county officer," include
19an office to be filled or an officer to be voted for, by the
20qualified electors of the entire county. "County office" or
21"county officer" also include the assessor and board of
22appeals and county commissioners and president of county board
23of Cook County, and county board members and the chair of the
24county board in counties subject to "An Act relating to the
25composition and election of county boards in certain
26counties", 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
3officer", and "incorporated town officer" an office to be
4filled or an officer to be voted for by the qualified electors
5of the entire municipality, including alderpersons aldermen.
6    8. The words "town office" or "town officer", an office to
7be filled or an officer to be voted for by the qualified
8electors of an entire town.
9    9. The words "town" and "incorporated town" shall
10respectively be defined as in Section 1-3 of this Act.
11    10. The words "delegates and alternate delegates to
12National nominating conventions" include all delegates and
13alternate delegates to National nominating conventions whether
14they be elected from the state at large or from congressional
15districts or selected by State convention unless contrary and
16non-inclusive language specifically limits the term to one
17class.
18    11. "Judicial office" means a post held by a judge of the
19Supreme, 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
23one or two members from each congressional district in the
24State 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
2date of Public Act 83-33), the State central committee of each
3political party shall certify to the State Board of Elections
4which of the following alternatives it wishes to apply to the
5State central committee of that party.
6    Alternative A. At the primary in 1970 and at the general
7primary election held every 4 years thereafter, each primary
8elector may vote for one candidate of his party for member of
9the State central committee for the congressional district in
10which he resides. The candidate receiving the highest number
11of votes shall be declared elected State central
12committeeperson from the district. A political party may, in
13lieu of the foregoing, by a majority vote of delegates at any
14State convention of such party, determine to thereafter elect
15the State central committeepersons in the manner following:
16    At the county convention held by such political party,
17State central committeepersons shall be elected in the same
18manner as provided in this Article for the election of
19officers of the county central committee, and such election
20shall follow the election of officers of the county central
21committee. Each elected ward, township or precinct
22committeeperson shall cast as his vote one vote for each
23ballot voted in his ward, township, part of a township or
24precinct in the last preceding primary election of his
25political party. In the case of a county lying partially
26within one congressional district and partially within another

 

 

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1congressional district, each ward, township or precinct
2committeeperson shall vote only with respect to the
3congressional district in which his ward, township, part of a
4township or precinct is located. In the case of a
5congressional district which encompasses more than one county,
6each ward, township or precinct committeeperson residing
7within the congressional district shall cast as his vote one
8vote for each ballot voted in his ward, township, part of a
9township or precinct in the last preceding primary election of
10his political party for one candidate of his party for member
11of the State central committee for the congressional district
12in which he resides and the Chair of the county central
13committee shall report the results of the election to the
14State Board of Elections. The State Board of Elections shall
15certify the candidate receiving the highest number of votes
16elected State central committeeperson for that congressional
17district.
18    The State central committee shall adopt rules to provide
19for and govern the procedures to be followed in the election of
20members of the State central committee.
21    After August 6, 1999 (the effective date of Public Act
2291-426), whenever a vacancy occurs in the office of Chair of a
23State central committee, or at the end of the term of office of
24Chair, the State central committee of each political party
25that has selected Alternative A shall elect a Chair who shall
26not be required to be a member of the State Central Committee.

 

 

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1The Chair shall be a registered voter in this State and of the
2same political party as the State central committee.
3    Alternative B. Each congressional committee shall, within
430 days after the adoption of this alternative, appoint a
5person of a different gender than the sex opposite that of the
6incumbent member for that congressional district to serve as
7an additional member of the State central committee until the
8member's his or her successor is elected at the general
9primary election in 1986. Each congressional committee shall
10make this appointment by voting on the basis set forth in
11paragraph (e) of this Section. In each congressional district
12at the general primary election held in 1986 and every 4 years
13thereafter, the person male candidate receiving the highest
14number of votes of the party's male candidates for State
15central committeeperson committeeman, and the person of a
16different gender female candidate receiving the highest number
17of votes of the party's female candidates for State central
18committeewoman, shall be declared elected State central
19committeepersons committeeman and State central committeewoman
20from the district. At the general primary election held in
211986 and every 4 years thereafter, if all a party's candidates
22for State central committeeperson committeemen or State
23central committeewomen from a congressional district are of
24the same gender are of the same sex, the candidate receiving
25the highest number of votes shall be declared elected a State
26central committeeperson committeeman or State central

 

 

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1committeewoman from the district, and, because of a failure to
2elect 2 persons from different genders one male and one female
3to the committee, a vacancy shall be declared to exist in the
4office of the second member of the State central committee
5from the district. This vacancy shall be filled by appointment
6by the congressional committee of the political party, and the
7person appointed to fill the vacancy shall be a resident of the
8congressional district and of a different gender than the
9committeeperson the sex opposite that of the committeeman or
10committeewoman elected at the general primary election. Each
11congressional committee shall make this appointment by voting
12on the basis set forth in paragraph (e) of this Section.
13    The Chair of a State central committee composed as
14provided in this Alternative B must be selected from the
15committee's members.
16    Except as provided for in Alternative A with respect to
17the selection of the Chair of the State central committee,
18under both of the foregoing alternatives, the State central
19committee of each political party shall be composed of members
20elected or appointed from the several congressional districts
21of the State, and of no other person or persons whomsoever. The
22members of the State central committee shall, within 41 days
23after each quadrennial election of the full committee, meet in
24the city of Springfield and organize by electing a Chair, and
25may at such time elect such officers from among their own
26number (or otherwise), as they may deem necessary or

 

 

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1expedient. The outgoing chair of the State central committee
2of the party shall, 10 days before the meeting, notify each
3member of the State central committee elected at the primary
4of the time and place of such meeting. In the organization and
5proceedings of the State central committee, the 2
6committeepersons each State central committeeman and State
7central committeewoman shall each have one vote for each
8ballot voted in their his or her congressional district by the
9primary electors of the committeepersons' his or her party at
10the primary election immediately preceding the meeting of the
11State central committee. Whenever a vacancy occurs in the
12State central committee of any political party, the vacancy
13shall be filled by appointment of the chairmen of the county
14central committees of the political party of the counties
15located within the congressional district in which the vacancy
16occurs and, if applicable, the ward and township
17committeepersons of the political party in counties of
182,000,000 or more inhabitants located within the congressional
19district. If the congressional district in which the vacancy
20occurs lies wholly within a county of 2,000,000 or more
21inhabitants, the ward and township committeepersons of the
22political party in that congressional district shall vote to
23fill the vacancy. In voting to fill the vacancy, each chair of
24a county central committee and each ward and township
25committeeperson in counties of 2,000,000 or more inhabitants
26shall have one vote for each ballot voted in each precinct of

 

 

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1the congressional district in which the vacancy exists of the
2chair's or committeeperson's his or her county, township, or
3ward cast by the primary electors of the chair's or
4committeeperson's his or her party at the primary election
5immediately preceding the meeting to fill the vacancy in the
6State central committee. The person appointed to fill the
7vacancy shall be a resident of the congressional district in
8which the vacancy occurs, shall be a qualified voter, and, in a
9committee composed as provided in Alternative B, shall be of
10the same gender be of the same sex as the appointee's his or
11her predecessor. A political party may, by a majority vote of
12the delegates of any State convention of such party, determine
13to return to the election of State central committeepersons
14committeeman and State central committeewoman by the vote of
15primary electors. Any action taken by a political party at a
16State convention in accordance with this Section shall be
17reported to the State Board of Elections by the chair and
18secretary 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
21election every 4 years thereafter, each primary elector in
22cities having a population of 200,000 or over may vote for one
23candidate of his party in his ward for ward committeeperson.
24Each candidate for ward committeeperson must be a resident of
25and in the ward where he seeks to be elected ward
26committeeperson. The one having the highest number of votes

 

 

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1shall be such ward committeeperson of such party for such
2ward. At the primary election in 1970 and at the general
3primary election every 4 years thereafter, each primary
4elector in counties containing a population of 2,000,000 or
5more, outside of cities containing a population of 200,000 or
6more, may vote for one candidate of his party for township
7committeeperson. Each candidate for township committeeperson
8must 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
10more, in counties containing a population of 2,000,000 or
11more), and in which township or part of a township he seeks to
12be elected township committeeperson. The one having the
13highest number of votes shall be such township committeeperson
14of such party for such township or part of a township. At the
15primary in 1970 and at the general primary election every 2
16years thereafter, each primary elector, except in counties
17having a population of 2,000,000 or over, may vote for one
18candidate of his party in his precinct for precinct
19committeeperson. Each candidate for precinct committeeperson
20must be a bona fide resident of the precinct where he seeks to
21be elected precinct committeeperson. The one having the
22highest number of votes shall be such precinct committeeperson
23of such party for such precinct. The official returns of the
24primary shall show the name of the committeeperson of each
25political party.
26    Terms of Committeepersons. All precinct committeepersons

 

 

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1elected under the provisions of this Article shall continue as
2such committeepersons until the date of the primary to be held
3in the second year after their election. Except as otherwise
4provided in this Section for certain State central
5committeepersons who have 2 year terms, all State central
6committeepersons, township committeepersons and ward
7committeepersons shall continue as such committeepersons until
8the date of primary to be held in the fourth year after their
9election. However, a vacancy exists in the office of precinct
10committeeperson when a precinct committeeperson ceases to
11reside in the precinct in which he was elected and such
12precinct committeeperson shall thereafter neither have nor
13exercise any rights, powers or duties as committeeperson in
14that precinct, even if a successor has not been elected or
15appointed.
16    (c) The Multi-Township Central Committee shall consist of
17the precinct committeepersons of such party, in the
18multi-township assessing district formed pursuant to Section
192-10 of the Property Tax Code and shall be organized for the
20purposes set forth in Section 45-25 of the Township Code. In
21the organization and proceedings of the Multi-Township Central
22Committee each precinct committeeperson shall have one vote
23for each ballot voted in his precinct by the primary electors
24of 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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1in each county shall consist of the various township
2committeepersons, precinct committeepersons and ward
3committeepersons, if any, of such party in the county. In the
4organization and proceedings of the county central committee,
5each precinct committeeperson shall have one vote for each
6ballot voted in his precinct by the primary electors of his
7party at the primary at which he was elected; each township
8committeeperson shall have one vote for each ballot voted in
9his township or part of a township as the case may be by the
10primary electors of his party at the primary election for the
11nomination of candidates for election to the General Assembly
12immediately preceding the meeting of the county central
13committee; and in the organization and proceedings of the
14county central committee, each ward committeeperson shall have
15one vote for each ballot voted in his ward by the primary
16electors of his party at the primary election for the
17nomination of candidates for election to the General Assembly
18immediately preceding the meeting of the county central
19committee.
20
Cook County Board of Review Election District Committee
21    (d-1) Each board of review election district committee of
22each political party in Cook County shall consist of the
23various township committeepersons and ward committeepersons,
24if any, of that party in the portions of the county composing
25the board of review election district. In the organization and
26proceedings of each of the 3 election district committees,

 

 

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1each township committeeperson shall have one vote for each
2ballot voted in the committeeperson's his or her township or
3part of a township, as the case may be, by the primary electors
4of the committeeperson's his or her party at the primary
5election immediately preceding the meeting of the board of
6review election district committee; and in the organization
7and proceedings of each of the 3 election district committees,
8each ward committeeperson shall have one vote for each ballot
9voted in the committeeperson's his or her ward or part of that
10ward, as the case may be, by the primary electors of the
11committeeperson's his or her party at the primary election
12immediately preceding the meeting of the board of review
13election district committee.
14
Congressional Committee
15    (e) The congressional committee of each party in each
16congressional district shall be composed of the chairmen of
17the county central committees of the counties composing the
18congressional district, except that in congressional districts
19wholly within the territorial limits of one county, the
20precinct committeepersons, township committeepersons and ward
21committeepersons, if any, of the party representing the
22precincts within the limits of the congressional district,
23shall compose the congressional committee. A State central
24committeeperson in each district shall be a member and the
25chair or, when a district has 2 State central
26committeepersons, a co-chairperson of the congressional

 

 

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1committee, but shall not have the right to vote except in case
2of a tie.
3    In the organization and proceedings of congressional
4committees composed of precinct committeepersons or township
5committeepersons or ward committeepersons, or any combination
6thereof, each precinct committeeperson shall have one vote for
7each ballot voted in his precinct by the primary electors of
8his party at the primary at which he was elected, each township
9committeeperson shall have one vote for each ballot voted in
10his township or part of a township as the case may be by the
11primary electors of his party at the primary election
12immediately preceding the meeting of the congressional
13committee, and each ward committeeperson shall have one vote
14for each ballot voted in each precinct of his ward located in
15such congressional district by the primary electors of his
16party at the primary election immediately preceding the
17meeting of the congressional committee; and in the
18organization and proceedings of congressional committees
19composed of the chairmen of the county central committees of
20the counties within such district, each chair of such county
21central committee shall have one vote for each ballot voted in
22his county by the primary electors of his party at the primary
23election immediately preceding the meeting of the
24congressional committee.
25
Judicial District Committee
26    (f) The judicial district committee of each political

 

 

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1party in each judicial district shall be composed of the chair
2of the county central committees of the counties composing the
3judicial district.
4    In the organization and proceedings of judicial district
5committees composed of the chairmen of the county central
6committees of the counties within such district, each chair of
7such county central committee shall have one vote for each
8ballot voted in his county by the primary electors of his party
9at the primary election immediately preceding the meeting of
10the judicial district committee.
11
Circuit Court Committee
12    (g) The circuit court committee of each political party in
13each judicial circuit outside Cook County shall be composed of
14the chairmen of the county central committees of the counties
15composing the judicial circuit.
16    In the organization and proceedings of circuit court
17committees, each chair of a county central committee shall
18have one vote for each ballot voted in his county by the
19primary electors of his party at the primary election
20immediately preceding the meeting of the circuit court
21committee.
22
Judicial Subcircuit Committee
23    (g-1) The judicial subcircuit committee of each political
24party in each judicial subcircuit in a judicial circuit
25divided into subcircuits shall be composed of (i) the ward and
26township committeepersons of the townships and wards composing

 

 

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1the judicial subcircuit in Cook County and (ii) the precinct
2committeepersons of the precincts composing the judicial
3subcircuit in any county other than Cook County.
4    In the organization and proceedings of each judicial
5subcircuit committee, each township committeeperson shall have
6one vote for each ballot voted in his township or part of a
7township, as the case may be, in the judicial subcircuit by the
8primary electors of his party at the primary election
9immediately preceding the meeting of the judicial subcircuit
10committee; each precinct committeeperson shall have one vote
11for each ballot voted in his precinct or part of a precinct, as
12the case may be, in the judicial subcircuit by the primary
13electors of his party at the primary election immediately
14preceding the meeting of the judicial subcircuit committee;
15and each ward committeeperson shall have one vote for each
16ballot voted in his ward or part of a ward, as the case may be,
17in the judicial subcircuit by the primary electors of his
18party at the primary election immediately preceding the
19meeting of the judicial subcircuit committee.
20
Municipal Central Committee
21    (h) The municipal central committee of each political
22party shall be composed of the precinct, township or ward
23committeepersons, as the case may be, of such party
24representing the precincts or wards, embraced in such city,
25incorporated town or village. The voting strength of each
26precinct, township or ward committeeperson on the municipal

 

 

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1central committee shall be the same as his voting strength on
2the county central committee.
3    For political parties, other than a statewide political
4party, established only within a municipality or township, the
5municipal or township managing committee shall be composed of
6the party officers of the local established party. The party
7officers of a local established party shall be as follows: the
8chair and secretary of the caucus for those municipalities and
9townships authorized by statute to nominate candidates by
10caucus shall serve as party officers for the purpose of
11filling vacancies in nomination under Section 7-61; for
12municipalities and townships authorized by statute or
13ordinance to nominate candidates by petition and primary
14election, the party officers shall be the party's candidates
15who are nominated at the primary. If no party primary was held
16because of the provisions of Section 7-5, vacancies in
17nomination shall be filled by the party's remaining candidates
18who shall serve as the party's officers.
19
Powers
20    (i) Each committee and its officers shall have the powers
21usually exercised by such committees and by the officers
22thereof, not inconsistent with the provisions of this Article.
23The several committees herein provided for shall not have
24power to delegate any of their powers, or functions to any
25other person, officer or committee, but this shall not be
26construed to prevent a committee from appointing from its own

 

 

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1membership proper and necessary subcommittees.
2    (j) The State central committee of a political party which
3elects its members by Alternative B under paragraph (a) of
4this Section shall adopt a plan to give effect to the delegate
5selection rules of the national political party and file a
6copy of such plan with the State Board of Elections when
7approved by a national political party.
8    (k) For the purpose of the designation of a proxy by a
9Congressional Committee to vote in place of an absent State
10central committeeperson committeeman or committeewoman at
11meetings of the State central committee of a political party
12which elects its members by Alternative B under paragraph (a)
13of this Section, the proxy shall be appointed by the vote of
14the ward and township committeepersons, if any, of the wards
15and townships which lie entirely or partially within the
16Congressional District from which the absent State central
17committeeperson committeeman or committeewoman was elected and
18the vote of the chairmen of the county central committees of
19those counties which lie entirely or partially within that
20Congressional District and in which there are no ward or
21township committeepersons. When voting for such proxy, the
22county chair, ward committeeperson or township
23committeeperson, as the case may be, shall have one vote for
24each ballot voted in his county, ward or township, or portion
25thereof within the Congressional District, by the primary
26electors of his party at the primary at which he was elected.

 

 

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1However, the absent State central committeeperson committeeman
2or committeewoman may designate a proxy when permitted by the
3rules of a political party which elects its members by
4Alternative B under paragraph (a) of this Section.
5    Notwithstanding any law to the contrary, a person is
6ineligible to hold the position of committeeperson in any
7committee established pursuant to this Section if he or she is
8statutorily ineligible to vote in a general election because
9of conviction of a felony. When a committeeperson is convicted
10of a felony, the position occupied by that committeeperson
11shall 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
15candidate for nomination, or State central committeeperson, or
16township committeeperson, or precinct committeeperson, or ward
17committeeperson or candidate for delegate or alternate
18delegate to national nominating conventions, shall be printed
19upon the primary ballot unless a petition for nomination has
20been filed in his behalf as provided in this Article in
21substantially the following form:
22    We, the undersigned, members of and affiliated with the
23.... party and qualified primary electors of the .... party,
24in the .... of ...., in the county of .... and State of
25Illinois, do hereby petition that the following named person

 

 

 

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1or persons shall be a candidate or candidates of the .... party
2for the nomination for (or in case of committeepersons for
3election to) the office or offices hereinafter specified, to
4be voted for at the primary election to be held on (insert
5date).
6    NameOfficeAddress
7John JonesGovernorBelvidere, Ill.
8Jane James Lieutenant Governor Peoria, Ill.
9Thomas SmithAttorney GeneralOakland, Ill.
10Name..................         Address.......................
 
11State of Illinois)
12                 ) ss.
13County of........)
14    I, ...., do hereby certify that I reside at No. ....
15street, in the .... of ...., county of ...., and State of
16....., that I am 18 years of age or older, that I am a citizen
17of the United States, and that the signatures on this sheet
18were signed in my presence, and are genuine, and that to the
19best of my knowledge and belief the persons so signing were at
20the time of signing the petitions qualified voters of the ....
21party, and that their respective residences are correctly
22stated, 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
3candidacy and candidate's statement shall be of uniform size
4and shall contain above the space for signatures an
5appropriate heading giving the information as to name of
6candidate or candidates, in whose behalf such petition is
7signed; the office, the political party represented and place
8of residence; and the heading of each sheet shall be the same.
9    Such petition shall be signed by qualified primary
10electors residing in the political division for which the
11nomination is sought in their own proper persons only and
12opposite the signature of each signer, his residence address
13shall be written or printed. The residence address required to
14be written or printed opposite each qualified primary
15elector's name shall include the street address or rural route
16number of the signer, as the case may be, as well as the
17signer's county, and city, village or town, and state. However
18the county or city, village or town, and state of residence of
19the electors may be printed on the petition forms where all of
20the electors signing the petition reside in the same county or
21city, village or town, and state. Standard abbreviations may
22be used in writing the residence address, including street
23number, if any. At the bottom of each sheet of such petition
24shall be added a circulator statement signed by a person 18
25years of age or older who is a citizen of the United States,

 

 

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1stating the street address or rural route number, as the case
2may be, as well as the county, city, village or town, and
3state; and certifying that the signatures on that sheet of the
4petition were signed in his or her presence and certifying
5that the signatures are genuine; and either (1) indicating the
6dates on which that sheet was circulated, or (2) indicating
7the first and last dates on which the sheet was circulated, or
8(3) certifying that none of the signatures on the sheet were
9signed more than 90 days preceding the last day for the filing
10of the petition and certifying that to the best of his or her
11knowledge and belief the persons so signing were at the time of
12signing the petitions qualified voters of the political party
13for which a nomination is sought. Such statement shall be
14sworn to before some officer authorized to administer oaths in
15this State.
16    Except as otherwise provided in this Code, no No petition
17sheet shall be circulated more than 90 days preceding the last
18day provided in Section 7-12 for the filing of such petition.
19    The person circulating the petition, or the candidate on
20whose behalf the petition is circulated, may strike any
21signature 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
4together in book form, by placing the sheets in a pile and
5fastening them together at one edge in a secure and suitable
6manner, and the sheets shall then be numbered consecutively.
7The sheets shall not be fastened by pasting them together end
8to end, so as to form a continuous strip or roll. All petition
9sheets which are filed with the proper local election
10officials, election authorities or the State Board of
11Elections shall be the original sheets which have been signed
12by the voters and by the circulator thereof, and not
13photocopies or duplicates of such sheets. Each petition must
14include as a part thereof, a statement of candidacy for each of
15the candidates filing, or in whose behalf the petition is
16filed. This statement shall set out the address of such
17candidate, the office for which he is a candidate, shall state
18that the candidate is a qualified primary voter of the party to
19which the petition relates and is qualified for the office
20specified (in the case of a candidate for State's Attorney it
21shall state that the candidate is at the time of filing such
22statement a licensed attorney-at-law of this State), shall
23state that he has filed (or will file before the close of the
24petition filing period) a statement of economic interests as
25required by the Illinois Governmental Ethics Act, shall
26request that the candidate's name be placed upon the official

 

 

 

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1ballot, and shall be subscribed and sworn to by such candidate
2before some officer authorized to take acknowledgment of deeds
3in the State and shall be in substantially the following form:
4
Statement of Candidacy
5NameAddressOfficeDistrictParty
6John Jones102 Main St.GovernorStatewideRepublican
7Belvidere,
8Illinois
9State of Illinois)
10                 ) ss.
11County of .......)
12    I, ...., being first duly sworn, say that I reside at ....
13Street in the city (or village) of ...., in the county of ....,
14State of Illinois; that I am a qualified voter therein and am a
15qualified primary voter of the .... party; that I am a
16candidate for nomination (for election in the case of
17committeeperson and delegates and alternate delegates) to the
18office of .... to be voted upon at the primary election to be
19held on (insert date); that I am legally qualified (including
20being the holder of any license that may be an eligibility
21requirement for the office I seek the nomination for) to hold
22such office and that I have filed (or I will file before the
23close of the petition filing period) a statement of economic
24interests as required by the Illinois Governmental Ethics Act
25and I hereby request that my name be printed upon the official

 

 

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1primary ballot for nomination for (or election to in the case
2of committeepersons and delegates and alternate delegates)
3such office.
4
Signed ......................
5    Subscribed and sworn to (or affirmed) before me by ....,
6who 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
11to, and no signatures shall be revoked except by revocation
12filed in writing with the State Board of Elections, election
13authority or local election official with whom the petition is
14required to be filed, and before the filing of such petition.
15Whoever forges the name of a signer upon any petition required
16by this Article is deemed guilty of a forgery and on conviction
17thereof shall be punished accordingly.
18    A candidate for the offices listed in this Section must
19obtain the number of signatures specified in this Section on
20his or her petition for nomination.
21    (a) Statewide office or delegate to a national nominating
22convention. Except as otherwise provided in this Code, if If a
23candidate seeks to run for statewide office or as a delegate or
24alternate delegate to a national nominating convention elected
25from the State at-large, then the candidate's petition for

 

 

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1nomination must contain at least 5,000 but not more than
210,000 signatures.
3    (b) Congressional office or congressional delegate to a
4national nominating convention. Except as otherwise provided
5in this Code, if If a candidate seeks to run for United States
6Congress or as a congressional delegate or alternate
7congressional delegate to a national nominating convention
8elected from a congressional district, then the candidate's
9petition for nomination must contain at least the number of
10signatures equal to 0.5% of the qualified primary electors of
11his or her party in his or her congressional district. In the
12first primary election following a redistricting of
13congressional districts, a candidate's petition for nomination
14must contain at least 600 signatures of qualified primary
15electors of the candidate's political party in his or her
16congressional district.
17    (c) County office. Except as otherwise provided in this
18Code, if If a candidate seeks to run for any countywide office,
19including but not limited to county board chairperson or
20county board member, elected on an at-large basis, in a county
21other than Cook County, then the candidate's petition for
22nomination must contain at least the number of signatures
23equal to 0.5% of the qualified electors of his or her party who
24cast votes at the last preceding general election in his or her
25county. If a candidate seeks to run for county board member
26elected from a county board district, then the candidate's

 

 

10200SB0825ham002- 41 -LRB102 04623 SMS 27430 a

1petition for nomination must contain at least the number of
2signatures equal to 0.5% of the qualified primary electors of
3his or her party in the county board district. In the first
4primary election following a redistricting of county board
5districts or the initial establishment of county board
6districts, a candidate's petition for nomination must contain
7at least the number of signatures equal to 0.5% of the
8qualified electors of his or her party in the entire county who
9cast votes at the last preceding general election divided by
10the total number of county board districts comprising the
11county board; provided that in no event shall the number of
12signatures 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
2run for municipal or township office, then the candidate's
3petition for nomination must contain at least the number of
4signatures equal to 0.5% of the qualified primary electors of
5his or her party in the municipality or township. If a
6candidate seeks to run for alderperson alderman of a
7municipality, then the candidate's petition for nomination
8must contain at least the number of signatures equal to 0.5% of
9the qualified primary electors of his or her party of the ward.
10In the first primary election following redistricting of
11aldermanic wards or trustee districts of a municipality or the
12initial establishment of wards or districts, a candidate's
13petition for nomination must contain the number of signatures
14equal to at least 0.5% of the total number of votes cast for
15the candidate of that political party who received the highest
16number of votes in the entire municipality at the last regular
17election at which an officer was regularly scheduled to be
18elected from the entire municipality, divided by the number of
19wards or districts. In no event shall the number of signatures
20be less than 25.
21    (f) State central committeeperson. If a candidate seeks to
22run for State central committeeperson, then the candidate's
23petition for nomination must contain at least 100 signatures
24of the primary electors of his or her party of his or her
25congressional district.
26    (g) Sanitary district trustee. Except as otherwise

 

 

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1provided in this Code, if If a candidate seeks to run for
2trustee of a sanitary district in which trustees are not
3elected from wards, then the candidate's petition for
4nomination must contain at least the number of signatures
5equal to 0.5% of the primary electors of his or her party from
6the sanitary district. If a candidate seeks to run for trustee
7of a sanitary district in which trustees are elected from
8wards, then the candidate's petition for nomination must
9contain at least the number of signatures equal to 0.5% of the
10primary electors of his or her party in the ward of that
11sanitary district. In the first primary election following
12redistricting of sanitary districts elected from wards, a
13candidate's petition for nomination must contain at least the
14signatures of 150 qualified primary electors of his or her
15ward of that sanitary district.
16    (h) Judicial office. Except as otherwise provided in this
17Code, if If a candidate seeks to run for judicial office in a
18district, then the candidate's petition for nomination must
19contain the number of signatures equal to 0.4% of the number of
20votes cast in that district for the candidate for his or her
21political party for the office of Governor at the last general
22election at which a Governor was elected, but in no event less
23than 500 signatures. If a candidate seeks to run for judicial
24office in a circuit or subcircuit, then the candidate's
25petition for nomination must contain the number of signatures
26equal to 0.25% of the number of votes cast for the judicial

 

 

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1candidate of his or her political party who received the
2highest number of votes at the last general election at which a
3judicial officer from the same circuit or subcircuit was
4regularly scheduled to be elected, but in no event less than
51,000 signatures in circuits and subcircuits located in the
6First Judicial District or 500 signatures in every other
7Judicial District.
8    (i) Precinct, ward, and township committeeperson. Except
9as otherwise provided in this Code, if If a candidate seeks to
10run for precinct committeeperson, then the candidate's
11petition for nomination must contain at least 10 signatures of
12the primary electors of his or her party for the precinct. If a
13candidate seeks to run for ward committeeperson, then the
14candidate's petition for nomination must contain no less than
15the number of signatures equal to 10% of the primary electors
16of his or her party of the ward, but no more than 16% of those
17same electors; provided that the maximum number of signatures
18may be 50 more than the minimum number, whichever is greater.
19If a candidate seeks to run for township committeeperson, then
20the candidate's petition for nomination must contain no less
21than the number of signatures equal to 5% of the primary
22electors of his or her party of the township, but no more than
238% of those same electors; provided that the maximum number of
24signatures may be 50 more than the minimum number, whichever
25is greater.
26    (j) State's attorney or regional superintendent of schools

 

 

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1for multiple counties. If a candidate seeks to run for State's
2attorney or regional Superintendent of Schools who serves more
3than one county, then the candidate's petition for nomination
4must contain at least the number of signatures equal to 0.5% of
5the primary electors of his or her party in the territory
6comprising the counties.
7    (k) Any other office. If a candidate seeks any other
8office, then the candidate's petition for nomination must
9contain at least the number of signatures equal to 0.5% of the
10registered voters of the political subdivision, district, or
11division for which the nomination is made or 25 signatures,
12whichever is greater.
13    For purposes of this Section the number of primary
14electors shall be determined by taking the total vote cast, in
15the applicable district, for the candidate for that political
16party who received the highest number of votes, statewide, at
17the last general election in the State at which electors for
18President of the United States were elected. For political
19subdivisions, the number of primary electors shall be
20determined by taking the total vote cast for the candidate for
21that political party who received the highest number of votes
22in the political subdivision at the last regular election at
23which an officer was regularly scheduled to be elected from
24that subdivision. For wards or districts of political
25subdivisions, the number of primary electors shall be
26determined by taking the total vote cast for the candidate for

 

 

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1that political party who received the highest number of votes
2in the ward or district at the last regular election at which
3an officer was regularly scheduled to be elected from that
4ward or district.
5    A "qualified primary elector" of a party may not sign
6petitions for or be a candidate in the primary of more than one
7party.
8    The changes made to this Section of this amendatory Act of
9the 93rd General Assembly are declarative of existing law,
10except for item (3) of subsection (d).
11    Petitions of candidates for nomination for offices herein
12specified, to be filed with the same officer, may contain the
13names of 2 or more candidates of the same political party for
14the same or different offices. In the case of the offices of
15Governor and Lieutenant Governor, a joint petition including
16one 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
20on a petition for nomination or certificate of nomination the
21candidate's given name or names, initial or initials, a
22nickname by which the candidate is commonly known, or a
23combination thereof, may be used in addition to the
24candidate's surname. If a candidate has changed his or her
25name, whether by a statutory or common law procedure in

 

 

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1Illinois or any other jurisdiction, within 3 years before the
2last day for filing the petition or certificate for that
3office, whichever is applicable, then (i) the candidate's name
4on the petition or certificate must be followed by "formerly
5known as (list all prior names during the 3-year period) until
6name changed on (list date of each such name change)" and (ii)
7the petition or certificate must be accompanied by the
8candidate's affidavit stating the candidate's previous names
9during the period specified in (i) and the date or dates each
10of those names was changed; failure to meet these requirements
11shall be grounds for denying certification of the candidate's
12name for the ballot or removing the candidate's name from the
13ballot, as appropriate, but these requirements do not apply to
14name changes resulting from adoption to assume an adoptive
15parent's or parents' surname, marriage or civil union to
16assume a spouse's surname, or dissolution of marriage or civil
17union or declaration of invalidity of marriage or civil union
18to assume a former surname or a name change that conforms the
19candidate's name to his or her gender identity. No other
20designation such as a political slogan, as defined by Section
217-17, title or degree, or nickname suggesting or implying
22possession of a title, degree or professional status, or
23similar information may be used in connection with the
24candidate'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
3mail 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
2of 500,000 or more population having such board, shall
3constitute an electoral board for the hearing and passing upon
4objections to nomination petitions for ward committeepersons.
5    Except as otherwise provided in this Code, such Such
6objections shall be filed in the office of the county clerk
7within 5 business days after the last day for filing
8nomination papers. The objection shall state the name and
9address of the objector, who may be any qualified elector in
10the ward, the specific grounds of objection and the relief
11requested of the electoral board. Upon the receipt of the
12objection, the county clerk shall forthwith transmit such
13objection and the petition of the candidate to the board of
14election commissioners. The board of election commissioners
15shall forthwith notify the objector and candidate objected to
16of the time and place for hearing hereon. After a hearing upon
17the validity of such objections, the board shall certify to
18the county clerk its decision stating whether or not the name
19of the candidate shall be printed on the ballot and the county
20clerk in his or her certificate to the board of election
21commissioners shall leave off of the certificate the name of
22the candidate for ward committeeperson that the election
23commissioners order not to be printed on the ballot. However,
24the decision of the board of election commissioners is subject
25to judicial review as provided in Section 10-10.1.
26    The county electoral board composed as provided in Section

 

 

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110-9 shall constitute an electoral board for the hearing and
2passing upon objections to nomination petitions for precinct
3and township committeepersons. Such objections shall be filed
4in the office of the county clerk within 5 business days after
5the last day for filing nomination papers. The objection shall
6state the name and address of the objector who may be any
7qualified elector in the precinct or in the township or part of
8a township that lies outside of a city having a population of
9500,000 or more, the specific grounds of objection and the
10relief requested of the electoral board. Upon the receipt of
11the objection the county clerk shall forthwith transmit such
12objection and the petition of the candidate to the chair of the
13county electoral board. The chair of the county electoral
14board shall forthwith notify the objector, the candidate whose
15petition is objected to and the other members of the electoral
16board of the time and place for hearing thereon. After hearing
17upon the validity of such objections the board shall certify
18its decision to the county clerk stating whether or not the
19name of the candidate shall be printed on the ballot, and the
20county clerk, in his or her certificate to the board of
21election commissioners, shall leave off of the certificate the
22name of the candidate ordered by the board not to be printed on
23the ballot, and the county clerk shall also refrain from
24printing on the official primary ballot, the name of any
25candidate whose name has been ordered by the electoral board
26not to be printed on the ballot. However, the decision of the

 

 

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1board is subject to judicial review as provided in Section
210-10.1.
3    In such proceedings the electoral boards have the same
4powers as other electoral boards under the provisions of
5Section 10-10 of this Act and their decisions are subject to
6judicial 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
10Not less than 68 days before the date of the general primary
11the State Board of Elections shall meet and shall examine all
12petitions filed under this Article 7, in the office of the
13State Board of Elections. The State Board of Elections shall
14then certify to the county clerk of each county, the names of
15all candidates whose nomination papers or certificates of
16nomination have been filed with the Board and direct the
17county clerk to place upon the official ballot for the general
18primary election the names of such candidates in the same
19manner and in the same order as shown upon the certification.
20    The State Board of Elections shall, in its certificate to
21the county clerk, certify the names of the offices, and the
22names of the candidates in the order in which the offices and
23names shall appear upon the primary ballot; such names to
24appear in the order in which petitions have been filed in the
25office of the State Board of Elections except as otherwise

 

 

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1provided in this Article.
2    Not less than 62 days before the date of the general
3primary, each county clerk shall certify the names of all
4candidates whose nomination papers have been filed with such
5clerk and declare that the names of such candidates for the
6respective offices shall be placed upon the official ballot
7for the general primary in the order in which such nomination
8papers were filed with the clerk, or as determined by lot, or
9as otherwise specified by statute. Each county clerk shall
10place a copy of the certification on file in his or her office
11and at the same time issue to the board of election
12commissioners a copy of the certification that has been filed
13in the county clerk's office, together with a copy of the
14certification that has been issued to the clerk by the State
15Board of Elections, with directions to the board of election
16commissioners to place upon the official ballot for the
17general primary in that election jurisdiction the names of all
18candidates that are listed on such certification in the same
19manner and in the same order as shown upon such
20certifications.
21    The certification shall indicate, where applicable, the
22following:
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
9case may be, shall issue an amended certification whenever it
10is discovered that the original certification is in error.
11    Subject to appeal, the names of candidates whose
12nomination papers have been held invalid by the appropriate
13electoral board provided in Section 10-9 of this Code shall
14not 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
18prepare and cause to be printed the primary ballot of each
19political party for each precinct in his respective
20jurisdiction.
21    Except as otherwise provided in this Code, the The
22election authority shall, at least 45 days prior to the date of
23the primary election, have a sufficient number of ballots
24printed so that such ballots will be available for mailing 45
25days prior to the primary election to persons who have filed

 

 

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1application for a ballot under the provisions of Article 20 of
2this 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
7be printed upon the general primary ballot of each party for
8each precinct in his jurisdiction the name of each candidate
9whose petition for nomination or for committeeperson has been
10filed in the office of the county clerk, as herein provided;
11and also the name of each candidate whose name has been
12certified to his office by the State Board of Elections, and in
13the order so certified, except as hereinafter provided.
14    It shall be the duty of the election authority to cause to
15be printed upon the consolidated primary ballot of each
16political party for each precinct in his jurisdiction the name
17of each candidate whose name has been certified to him, as
18herein provided and which is to be voted for in such precinct.
19    (b) In the designation of the name of a candidate on the
20primary ballot the candidate's given name or names, initial or
21initials, a nickname by which the candidate is commonly known,
22or a combination thereof, may be used in addition to the
23candidate's surname. If a candidate has changed his or her
24name, whether by a statutory or common law procedure in
25Illinois or any other jurisdiction, within 3 years before the

 

 

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1last day for filing the petition for nomination, nomination
2papers, or certificate of nomination for that office,
3whichever is applicable, then (i) the candidate's name on the
4primary ballot must be followed by "formerly known as (list
5all prior names during the 3-year period) until name changed
6on (list date of each such name change)" and (ii) the petition,
7papers, or certificate must be accompanied by the candidate's
8affidavit stating the candidate's previous names during the
9period specified in (i) and the date or dates each of those
10names was changed; failure to meet these requirements shall be
11grounds for denying certification of the candidate's name for
12the ballot or removing the candidate's name from the ballot,
13as appropriate, but these requirements do not apply to name
14changes resulting from adoption to assume an adoptive parent's
15or parents' surname, marriage or civil union to assume a
16spouse's surname, or dissolution of marriage or civil union or
17declaration of invalidity of marriage or civil union to assume
18a former surname or a name change that conforms the
19candidate's name to his or her gender identity. No other
20designation such as a political slogan, title, or degree, or
21nickname suggesting or implying possession of a title, degree
22or professional status, or similar information may be used in
23connection with the candidate's surname. For purposes of this
24Section, a "political slogan" is defined as any word or words
25expressing or connoting a position, opinion, or belief that
26the candidate may espouse, including but not limited to, any

 

 

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1word or words conveying any meaning other than that of the
2personal identity of the candidate. A candidate may not use a
3political slogan as part of his or her name on the ballot,
4notwithstanding that the political slogan may be part of the
5candidate's name.
6    (c) The State Board of Elections, a local election
7official, or an election authority shall remove any
8candidate's name designation from a ballot that is
9inconsistent with subsection (b) of this Section. In addition,
10the State Board of Elections, a local election official, or an
11election authority shall not certify to any election authority
12any candidate name designation that is inconsistent with
13subsection (b) of this Section.
14    (d) If the State Board of Elections, a local election
15official, or an election authority removes a candidate's name
16designation from a ballot under subsection (c) of this
17Section, then the aggrieved candidate may seek appropriate
18relief 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
22months and in the precinct 30 days next preceding any primary
23therein who shall be a citizen of the United States of the age
24of 18 or more years shall be entitled to vote at such primary.
25    The following regulations shall be applicable to

 

 

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1primaries:
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
24partisan office as a qualified primary voter of an established
25political party or (ii) who voted the ballot of an established
26political party at a general primary election may not file a

 

 

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1statement of candidacy as a candidate of a different
2established political party, a new political party, or as an
3independent candidate for a partisan office to be filled at
4the general election immediately following the general primary
5for which the person filed the statement or voted the ballot. A
6person may file a statement of candidacy for a partisan office
7as a qualified primary voter of an established political party
8regardless of any prior filing of candidacy for a partisan
9office or voting the ballot of an established political party
10at 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
14votes at a primary as a candidate of a party for the nomination
15for an office shall be the candidate of that party for such
16office, and his name as such candidate shall be placed on the
17official ballot at the election then next ensuing; provided,
18that where there are two or more persons to be nominated for
19the same office or board, the requisite number of persons
20receiving the highest number of votes shall be nominated and
21their names shall be placed on the official ballot at the
22following election.
23    Except as otherwise provided by Section 7-8 of this Act,
24the person receiving the highest number of votes of his party
25for State central committeeperson of his congressional

 

 

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1district shall be declared elected State central
2committeeperson from said congressional district.
3    Unless a national political party specifies that delegates
4and alternate delegates to a National nominating convention be
5allocated by proportional selection representation according
6to the results of a Presidential preference primary, the
7requisite number of persons receiving the highest number of
8votes of their party for delegates and alternate delegates to
9National nominating conventions from the State at large, and
10the requisite number of persons receiving the highest number
11of votes of their party for delegates and alternate delegates
12to National nominating conventions in their respective
13congressional districts shall be declared elected delegates
14and alternate delegates to the National nominating conventions
15of their party.
16    A political party which elects the members to its State
17Central Committee by Alternative B under paragraph (a) of
18Section 7-8 shall select its congressional district delegates
19and alternate delegates to its national nominating convention
20by proportional selection representation according to the
21results of a Presidential preference primary in each
22congressional district in the manner provided by the rules of
23the national political party and the State Central Committee,
24when the rules and policies of the national political party so
25require.
26    A political party which elects the members to its State

 

 

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1Central Committee by Alternative B under paragraph (a) of
2Section 7-8 shall select its at large delegates and alternate
3delegates to its national nominating convention by
4proportional selection representation according to the results
5of a Presidential preference primary in the whole State in the
6manner provided by the rules of the national political party
7and the State Central Committee, when the rules and policies
8of the national political party so require.
9    The person receiving the highest number of votes of his
10party for precinct committeeperson of his precinct shall be
11declared elected precinct committeeperson from said precinct.
12    The person receiving the highest number of votes of his
13party for township committeeperson of his township or part of
14a township as the case may be, shall be declared elected
15township committeeperson from said township or part of a
16township as the case may be. In cities where ward
17committeepersons are elected, the person receiving the highest
18number of votes of his party for ward committeeperson of his
19ward shall be declared elected ward committeeperson from said
20ward.
21    When two or more persons receive an equal and the highest
22number of votes for the nomination for the same office or for
23committeeperson of the same political party, or where more
24than one person of the same political party is to be nominated
25as a candidate for office or committeeperson, if it appears
26that more than the number of persons to be nominated for an

 

 

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1office or elected committeeperson have the highest and an
2equal number of votes for the nomination for the same office or
3for election as committeeperson, the election authority by
4which the returns of the primary are canvassed shall decide by
5lot which of said persons shall be nominated or elected, as the
6case may be. In such case the election authority shall issue
7notice in writing to such persons of such tie vote stating
8therein the place, the day (which shall not be more than 5 days
9thereafter) and the hour when such nomination or election
10shall be so determined.
11    (b) Except as otherwise provided in this Code, write-in
12Write-in votes shall be counted only for persons who have
13filed notarized declarations of intent to be write-in
14candidates with the proper election authority or authorities
15not later than 61 days prior to the primary. However, whenever
16an objection to a candidate's nominating papers or petitions
17for any office is sustained under Section 10-10 after the 61st
18day before the election, then write-in votes shall be counted
19for that candidate if he or she has filed a notarized
20declaration of intent to be a write-in candidate for that
21office with the proper election authority or authorities not
22later than 7 days prior to the election.
23    Forms for the declaration of intent to be a write-in
24candidate shall be supplied by the election authorities. Such
25declaration shall specify the office for which the person
26seeks nomination or election as a write-in candidate.

 

 

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1    The election authority or authorities shall deliver a list
2of all persons who have filed such declarations to the
3election judges in the appropriate precincts prior to the
4primary.
5    (c) (1) Notwithstanding any other provisions of this
6Section, where the number of candidates whose names have been
7printed on a party's ballot for nomination for or election to
8an office at a primary is less than the number of persons the
9party is entitled to nominate for or elect to the office at the
10primary, a person whose name was not printed on the party's
11primary ballot as a candidate for nomination for or election
12to the office, is not nominated for or elected to that office
13as a result of a write-in vote at the primary unless the number
14of votes he received equals or exceeds the number of
15signatures required on a petition for nomination for that
16office; or unless the number of votes he receives exceeds the
17number of votes received by at least one of the candidates
18whose names were printed on the primary ballot for nomination
19for or election to the same office.
20    (2) Paragraph (1) of this subsection does not apply where
21the number of candidates whose names have been printed on the
22party's ballot for nomination for or election to the office at
23the primary equals or exceeds the number of persons the party
24is entitled to nominate for or elect to the office at the
25primary.
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
3general election, the State Board of Elections shall certify
4to the county clerks the names of each of the candidates who
5have been nominated as shown by the proclamation of the State
6Board of Elections as a canvassing board or who have been
7nominated to fill a vacancy in nomination and direct the
8election authority to place upon the official ballot for the
9general election the names of such candidates in the same
10manner and in the same order as shown upon the certification,
11except as otherwise provided in this Code Section.
12    Except as otherwise provided in this Code, not Not less
13than 68 days before the date of the general election, each
14county clerk shall certify the names of each of the candidates
15for county offices who have been nominated as shown by the
16proclamation of the county election authority or who have been
17nominated to fill a vacancy in nomination and declare that the
18names of such candidates for the respective offices shall be
19placed upon the official ballot for the general election in
20the same manner and in the same order as shown upon the
21certification, except as otherwise provided by this Section.
22Each county clerk shall place a copy of the certification on
23file in his or her office and at the same time issue to the
24State Board of Elections a copy of such certification. In
25addition, each county clerk in whose county there is a board of

 

 

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1election commissioners shall, not less than 68 days before the
2date of the general election, issue to such board a copy of the
3certification that has been filed in the county clerk's
4office, together with a copy of the certification that has
5been issued to the clerk by the State Board of Elections, with
6directions to the board of election commissioners to place
7upon the official ballot for the general election in that
8election jurisdiction the names of all candidates that are
9listed on such certifications, in the same manner and in the
10same order as shown upon such certifications, except as
11otherwise provided in this Section.
12    Whenever there are two or more persons nominated by the
13same political party for multiple offices for any board, the
14name of the candidate of such party receiving the highest
15number of votes in the primary election as a candidate for such
16office, as shown by the official election returns of the
17primary, shall be certified first under the name of such
18offices, and the names of the remaining candidates of such
19party for such offices shall follow in the order of the number
20of votes received by them respectively at the primary election
21as shown by the official election results.
22    No person who is shown by the final proclamation to have
23been nominated or elected at the primary as a write-in
24candidate shall have his or her name certified unless such
25person shall have filed with the certifying office or board
26within 10 days after the election authority's proclamation a

 

 

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1statement of candidacy pursuant to Section 7-10, a statement
2pursuant to Section 7-10.1, and a receipt for the filing of a
3statement of economic interests in relation to the unit of
4government to which he or she has been elected or nominated.
5    Each county clerk and board of election commissioners
6shall determine by a fair and impartial method of random
7selection the order of placement of established political
8party candidates for the general election ballot. Such
9determination shall be made within 30 days following the
10canvass and proclamation of the results of the general primary
11in the office of the county clerk or board of election
12commissioners and shall be open to the public. Seven days
13written notice of the time and place of conducting such random
14selection shall be given, by each such election authority, to
15the County Chair of each established political party, and to
16each organization of citizens within the election jurisdiction
17which was entitled, under this Article, at the next preceding
18election, to have pollwatchers present on the day of election.
19Each election authority shall post in a conspicuous, open and
20public place, at the entrance of the election authority
21office, notice of the time and place of such lottery. However,
22a board of election commissioners may elect to place
23established political party candidates on the general election
24ballot in the same order determined by the county clerk of the
25county in which the city under the jurisdiction of such board
26is located.

 

 

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1    Each certification shall indicate, where applicable, the
2following:
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
14case may be, shall issue an amended certification whenever it
15is 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
19provisions of this Article are applicable to the nomination of
20candidates to be voted for at such special election.
21    In cases where a primary election is required the officer
22or board or commission whose duty it is under the provisions of
23this Act relating to general elections to call an election,
24shall fix a date for the primary for the nomination of
25candidates to be voted for at such special election. Notice of

 

 

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1such primary shall be given at least 15 days prior to the
2maximum time provided for the filing of petitions for such a
3primary as provided in Section 7-12.
4    Any vacancy in nomination under the provisions of this
5Article 7 occurring on or after the primary and prior to
6certification of candidates by the certifying board or
7officer, must be filled prior to the date of certification.
8Any vacancy in nomination occurring after certification but
9prior to 15 days before the general election shall be filled
10within 8 days after the event creating the vacancy. The
11resolution filling the vacancy shall be sent by U. S. mail or
12personal delivery to the certifying officer or board within 3
13days of the action by which the vacancy was filled; provided,
14if such resolution is sent by mail and the U. S. postmark on
15the envelope containing such resolution is dated prior to the
16expiration of such 3 day limit, the resolution shall be deemed
17filed within such 3 day limit. Failure to so transmit the
18resolution within the time specified in this Section shall
19authorize the certifying officer or board to certify the
20original candidate. Vacancies shall be filled by the officers
21of a local municipal or township political party as specified
22in subsection (h) of Section 7-8, other than a statewide
23political party, that is established only within a
24municipality or township and the managing committee (or
25legislative committee in case of a candidate for State Senator
26or representative committee in the case of a candidate for

 

 

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1State Representative in the General Assembly or State central
2committee in the case of a candidate for statewide office,
3including but not limited to the office of United States
4Senator) of the respective political party for the territorial
5area in which such vacancy occurs.
6    The resolution to fill a vacancy in nomination shall be
7duly acknowledged before an officer qualified to take
8acknowledgements of deeds and shall include, upon its face,
9the following information:
10    (a) the name of the original nominee and the office
11vacated;
12    (b) the date on which the vacancy occurred;
13    (c) the name and address of the nominee selected to fill
14the vacancy and the date of selection.
15    The resolution to fill a vacancy in nomination shall be
16accompanied by a Statement of Candidacy, as prescribed in
17Section 7-10, completed by the selected nominee and a receipt
18indicating that such nominee has filed a statement of economic
19interests as required by the Illinois Governmental Ethics Act.
20    The provisions of Section 10-8 through 10-10.1 relating to
21objections to certificates of nomination and nomination
22papers, hearings on objections, and judicial review, shall
23apply to and govern objections to resolutions for filling a
24vacancy in nomination.
25    Any vacancy in nomination occurring 15 days or less before
26the consolidated election or the general election shall not be

 

 

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1filled. In this event, the certification of the original
2candidate shall stand and his name shall appear on the
3official ballot to be voted at the general election.
4    A vacancy in nomination occurs when a candidate who has
5been nominated under the provisions of this Article 7 dies
6before the election (whether death occurs prior to, on or
7after the day of the primary), or declines the nomination;
8provided that nominations may become vacant for other reasons.
9    If the name of no established political party candidate
10was printed on the consolidated primary ballot for a
11particular office and if no person was nominated as a write-in
12candidate for such office, a vacancy in nomination shall be
13created which may be filled in accordance with the
14requirements of this Section. Except as otherwise provided in
15this Code, if If the name of no established political party
16candidate was printed on the general primary ballot for a
17particular office and if no person was nominated as a write-in
18candidate for such office, a vacancy in nomination shall be
19filled only by a person designated by the appropriate
20committee of the political party and only if that designated
21person files nominating petitions with the number of
22signatures required for an established party candidate for
23that office within 75 days after the day of the general
24primary. The circulation period for those petitions begins on
25the day the appropriate committee designates that person. The
26person shall file his or her nominating petitions, statements

 

 

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1of candidacy, notice of appointment by the appropriate
2committee, and receipt of filing his or her statement of
3economic interests together. These documents shall be filed at
4the same location as provided in Section 7-12. The electoral
5boards having jurisdiction under Section 10-9 to hear and pass
6upon objections to nominating petitions also shall hear and
7pass upon objections to nomination petitions filed by
8candidates under this paragraph.
9    A candidate for whom a nomination paper has been filed as a
10partisan candidate at a primary election, and who is defeated
11for his or her nomination at such primary election, is
12ineligible to be listed on the ballot at that general or
13consolidated election as a candidate of another political
14party.
15    A candidate seeking election to an office for which
16candidates of political parties are nominated by caucus who is
17a participant in the caucus and who is defeated for his or her
18nomination at such caucus, is ineligible to be listed on the
19ballot at that general or consolidated election as a candidate
20of another political party.
21    In the proceedings to nominate a candidate to fill a
22vacancy or to fill a vacancy in the nomination, each precinct,
23township, ward, county or congressional district, as the case
24may be, shall through its representative on such central or
25managing committee, be entitled to one vote for each ballot
26voted in such precinct, township, ward, county or

 

 

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1congressional district, as the case may be, by the primary
2electors of its party at the primary election immediately
3preceding 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
6the names of candidates entitled to be printed upon the
7official ballot at an election and directing election
8authorities to place the names of such candidates upon the
9official ballot. "Certifying officers or board" shall refer to
10the local election official, election authority or the State
11Board of Elections, as the case may be, with whom nomination
12papers, including certificates of nomination and resolutions
13to fill vacancies in nomination, are filed and whose duty it is
14to "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
18committees. There shall be constituted one legislative
19committee for each political party in each legislative
20district and one representative committee for each political
21party in each representative district. Legislative and
22representative committees shall be composed as follows:
23    In legislative or representative districts within or
24including a portion of any county containing 2,000,000 or more
25inhabitants, the legislative or representative committee of a

 

 

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1political party shall consist of the committeepersons of such
2party representing each township or ward of such county any
3portion of which township or ward is included within such
4legislative or representative district and the chair of each
5county central committee of such party of any county
6containing less than 2,000,000 inhabitants any portion of
7which county is included within such legislative or
8representative district.
9    In the remainder of the State, the legislative or
10representative committee of a political party shall consist of
11the chair of each county central committee of such party, any
12portion of which county is included within such legislative or
13representative district; but if a legislative or
14representative district comprises only one county, or part of
15a county, its legislative or representative committee shall
16consist of the chair of the county central committee and 2
17members of the county central committee appointed who reside
18in the legislative or representative district, as the case may
19be, elected by the chair of the county central committee.
20    Within 180 days after the primary of the even-numbered
21year immediately following the decennial redistricting
22required by Section 3 of Article IV of the Illinois
23Constitution of 1970, the ward committeepersons, township
24committeepersons or chairmen of county central committees
25within each of the redistricted legislative and representative
26districts shall meet and proceed to organize by electing from

 

 

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1among their own number a chair and, either from among their own
2number or otherwise, such other officers as they may deem
3necessary or expedient. The ward committeepersons, township
4committeepersons or chairmen of county central committees
5shall determine the time and place (which shall be in the
6limits of such district) of such meeting. Immediately upon
7completion of organization, the chair shall forward to the
8State Board of Elections the names and addresses of the chair
9and secretary of the committee. A vacancy shall occur when a
10member dies, resigns or ceases to reside in the county,
11township or ward which he represented.
12    Within 180 days after the primary of each other
13even-numbered year, each legislative committee and
14representative committee shall meet and proceed to organize by
15electing from among its own number a chair, and either from its
16own number or otherwise, such other officers as each committee
17may deem necessary or expedient. Immediately upon completion
18of organization, the chair shall forward to the State Board of
19Elections, the names and addresses of the chair and secretary
20of the committee. The outgoing chair of such committee shall
21notify the members of the time and place (which shall be in the
22limits of such district) of such meeting. A vacancy shall
23occur when a member dies, resigns, or ceases to reside in the
24county, township or ward, which he represented.
25    If any change is made in the boundaries of any precinct,
26township or ward, the committeeperson previously elected

 

 

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1therefrom shall continue to serve, as if no boundary change
2had occurred, for the purpose of acting as a member of a
3legislative or representative committee until his successor is
4elected 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
8candidate for nomination shall be printed upon the primary
9ballot unless a petition for nomination shall have been filed
10in his behalf as provided for in this Section. Each such
11petition shall include as a part thereof the oath required by
12Section 7-10.1 of this Act and a statement of candidacy by the
13candidate filing or in whose behalf the petition is filed.
14This statement shall set out the address of such candidate,
15the office for which he is a candidate, shall state that the
16candidate is a qualified primary voter of the party to which
17the petition relates, is qualified for the office specified
18and has filed a statement of economic interests as required by
19the Illinois Governmental Ethics Act, shall request that the
20candidate's name be placed upon the official ballot and shall
21be subscribed and sworn by such candidate before some officer
22authorized to take acknowledgment of deeds in this State and
23may be in substantially the following form:
24State of Illinois)
25                 ) ss.

 

 

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1County ..........)
2    I, ...., being first duly sworn, say that I reside at ....
3street in the city (or village of) .... in the county of ....
4State of Illinois; that I am a qualified voter therein and am a
5qualified primary voter of .... party; that I am a candidate
6for nomination to the office of .... to be voted upon at the
7primary election to be held on (insert date); that I am legally
8qualified to hold such office and that I have filed a statement
9of economic interests as required by the Illinois Governmental
10Ethics Act and I hereby request that my name be printed upon
11the official primary ballot for nomination for such office.
12
Signed ....................
13    Subscribed and sworn to (or affirmed) before me by ....,
14who 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
18that the candidate has filed the statement of economic
19interests required by the Illinois Governmental Ethics Act
20must be filed with the petitions for nomination as provided in
21subsection (8) of Section 7-12 of this Code.
22    Except as otherwise provided in this Code, all All
23petitions for nomination for the office of State Senator shall
24be signed by at least 1,000 but not more than 3,000 of the
25qualified primary electors of the candidate's party in his
26legislative district.

 

 

10200SB0825ham002- 86 -LRB102 04623 SMS 27430 a

1    Except as otherwise provided in this Code, all All
2petitions for nomination for the office of Representative in
3the General Assembly shall be signed by at least 500 but not
4more than 1,500 of the qualified primary electors of the
5candidate's party in his or her representative district.
6    Opposite the signature of each qualified primary elector
7who signs a petition for nomination for the office of State
8Representative or State Senator such elector's residence
9address shall be written or printed. The residence address
10required to be written or printed opposite each qualified
11primary elector's name shall include the street address or
12rural route number of the signer, as the case may be, as well
13as the signer's county and city, village or town.
14    For the purposes of this Section, the number of primary
15electors shall be determined by taking the total vote cast, in
16the applicable district, for the candidate for such political
17party who received the highest number of votes, state-wide, at
18the last general election in the State at which electors for
19President of the United States were elected.
20    A "qualified primary elector" of a party may not sign
21petitions for or be a candidate in the primary of more than one
22party.
23    In the affidavit at the bottom of each sheet, the petition
24circulator, who shall be a person 18 years of age or older who
25is a citizen of the United States, shall state his or her
26street address or rural route number, as the case may be, as

 

 

10200SB0825ham002- 87 -LRB102 04623 SMS 27430 a

1well as his or her county, city, village or town, and state;
2and shall certify that the signatures on that sheet of the
3petition were signed in his or her presence; and shall certify
4that the signatures are genuine; and shall certify that to the
5best of his or her knowledge and belief the persons so signing
6were at the time of signing the petition qualified primary
7voters for which the nomination is sought.
8    In the affidavit at the bottom of each petition sheet, the
9petition circulator shall either (1) indicate the dates on
10which he or she circulated that sheet, or (2) indicate the
11first and last dates on which the sheet was circulated, or (3)
12certify that none of the signatures on the sheet were signed
13more than 90 days preceding the last day for the filing of the
14petition. No petition sheet shall be circulated more than 90
15days preceding the last day provided in Section 8-9 for the
16filing of such petition.
17    All petition sheets which are filed with the State Board
18of Elections shall be the original sheets which have been
19signed by the voters and by the circulator, and not
20photocopies or duplicates of such sheets.
21    The person circulating the petition, or the candidate on
22whose behalf the petition is circulated, may strike any
23signature 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
8on a petition for nomination, the candidate's given name or
9names, initial or initials, a nickname by which the candidate
10is commonly known, or a combination thereof, may be used in
11addition to the candidate's surname. If a candidate has
12changed his or her name, whether by a statutory or common law
13procedure in Illinois or any other jurisdiction, within 3
14years before the last day for filing the petition for that
15office, then (i) the candidate's name on the petition must be
16followed by "formerly known as (list all prior names during
17the 3-year period) until name changed on (list date of each
18such name change)" and (ii) the petition must be accompanied
19by the candidate's affidavit stating the candidate's previous
20names during the period specified in (i) and the date or dates
21each of those names was changed; failure to meet these
22requirements shall be grounds for denying certification of the
23candidate's name for the ballot or removing the candidate's
24name from the ballot, as appropriate, but these requirements
25do not apply to name changes resulting from adoption to assume

 

 

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1an adoptive parent's or parents' surname, marriage or civil
2union to assume a spouse's surname, or dissolution of marriage
3or civil union or declaration of invalidity of marriage or
4civil union to assume a former surname or a name change that
5conforms the candidate's name to his or her gender identity.
6No other designation such as a political slogan, title, or
7degree, or nickname suggesting or implying possession of a
8title, degree or professional status, or similar information
9may 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
13Not less than 68 days prior to the date of the primary, the
14State Board of Elections shall certify to the county clerk for
15each county, the names of all candidates for legislative
16offices, as specified in the petitions for nominations on file
17in its office, which are to be voted for in such county,
18stating in such certificates the political affiliation of each
19candidate for nomination, as specified in the petitions. The
20State Board of Elections shall, in its certificate to the
21county clerk, certify to the county clerk the names of the
22candidates in the order in which the names shall appear upon
23the primary ballot, the names to appear in the order in which
24petitions have been filed.
25    Not less than 62 days prior to the date of the primary, the

 

 

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1county clerk shall certify to the board of election
2commissioners if there be any such board in his county, the
3names of all candidates so certified to him by the State Board
4of Elections in the districts wholly or partly within the
5jurisdiction of said board and in the order in which such names
6are 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
10date of the primary shall not affect the canvass of the
11ballots. If the result of such canvass discloses that such
12candidate, if he had lived, would have been nominated, such
13candidate shall be declared nominated.
14    In the event that a candidate of a party who has been
15nominated under the provisions of this Article shall die
16before election (whether death occurs prior to, or on, or
17after, the date of the primary) or decline the nomination or
18should the nomination for any other reason become vacant, the
19legislative or representative committee of such party for such
20district shall nominate a candidate of such party to fill such
21vacancy. However, if there was no candidate for the nomination
22of the party in the primary, except as otherwise provided in
23this Code, no candidate of that party for that office may be
24listed on the ballot at the general election, unless the
25legislative or representative committee of the party nominates

 

 

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1a candidate to fill the vacancy in nomination within 75 days
2after the date of the general primary election. Vacancies in
3nomination occurring under this Article shall be filled by the
4appropriate legislative or representative committee in
5accordance with the provisions of Section 7-61 of this Code.
6In proceedings to fill the vacancy in nomination, the voting
7strength of the members of the legislative or representative
8committee 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
12reporting 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

 

 

10200SB0825ham002- 92 -LRB102 04623 SMS 27430 a

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

 

 

10200SB0825ham002- 93 -LRB102 04623 SMS 27430 a

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

 

 

10200SB0825ham002- 94 -LRB102 04623 SMS 27430 a

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,

 

 

10200SB0825ham002- 95 -LRB102 04623 SMS 27430 a

1upon receipt of a verified complaint, violations of the
2provisions of this Section. The Board may levy a fine on any
3person who knowingly makes expenditures in violation of this
4Section and on any person who knowingly makes a malicious and
5false accusation of a violation of this Section. The Board may
6act under this subsection only upon the affirmative vote of at
7least 5 of its members. The fine shall not exceed $500 for each
8expenditure of $500 or less and shall not exceed the amount of
9the expenditure plus $500 for each expenditure greater than
10$500. The Board shall also have the authority to render
11rulings and issue opinions relating to compliance with this
12Section.
13    (c) Nothing in this Section prohibits the expenditure of
14funds of a political committee controlled by an officeholder
15or by a candidate to defray the customary and reasonable
16expenses of an officeholder in connection with the performance
17of governmental and public service functions.
18    (d) Nothing in this Section prohibits the funds of a
19political committee which is controlled by a person convicted
20of a violation of any of the offenses listed in subsection (a)
21of Section 10 of the Public Corruption Profit Forfeiture Act
22from being forfeited to the State under Section 15 of the
23Public 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)

 

 

10200SB0825ham002- 96 -LRB102 04623 SMS 27430 a

1    Sec. 9-13. Audits of political committees.
2    (a) The Board shall have the authority to order a
3political committee to conduct an audit of the financial
4records required to be maintained by the committee to ensure
5compliance with Sections 9-8.5 and 9-10. Audits ordered by the
6Board shall be conducted as provided in this Section and as
7provided by Board rule.
8    (b) The Board may order a political committee to conduct
9an audit of its financial records for any of the following
10reasons: (i) a discrepancy between the ending balance of a
11reporting period and the beginning balance of the next
12reporting period, (ii) failure to account for previously
13reported investments or loans, or (iii) a discrepancy between
14reporting contributions received by or expenditures made for a
15political committee that are reported by another political
16committee, except the Board shall not order an audit pursuant
17to this item (iii) unless there is a willful pattern of
18inaccurate reporting or there is a pattern of similar
19inaccurate reporting involving similar contributions by the
20same contributor. Prior to ordering an audit, the Board shall
21afford the political committee due notice and an opportunity
22for a closed preliminary hearing. A political committee shall
23hire an entity qualified to perform an audit; except, a
24political committee shall not hire a person that has
25contributed to the political committee during the previous 4
26years.

 

 

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1    (c) In each calendar year, the Board shall randomly select
2order no more than 3% of registered political committees to
3conduct an audit. The Board shall establish a standard,
4scientific method of selecting the political committees that
5are to be audited so that every political committee has an
6equal mathematical chance of being selected. A political
7committee selected to conduct an audit through the random
8selection process shall only be required to conduct the audit
9if it was required to file at least one quarterly report during
10the period to be covered by the audit and has: (i) a fund
11balance of $10,000 or more as of the close of the most recent
12reporting period; (ii) an average closing fund balance of
13$10,000 or more on quarterly reports occurring during the
142-year period to be covered by the audit; or (iii) average
15total receipts of $10,000 or more on quarterly reports
16occurring during the 2-year period to be covered by the audit.
17Notwithstanding any other provision of this subsection, a
18political committee owing unpaid fines at the time of its
19random selection shall be ordered to conduct an audit. The
20Board shall not select additional registered political
21committees to conduct an audit to replace any of the
22originally selected political committees.
23    (d) Upon receipt of notification from the Board ordering
24an audit, a political committee shall conduct an audit of the
25financial records required to be maintained by the committee
26to ensure compliance with the contribution limitations

 

 

10200SB0825ham002- 98 -LRB102 04623 SMS 27430 a

1established in Section 9-8.5 and the reporting requirements
2established in Section 9-3 and Section 9-10 for a period of 2
3years from the close of the most recent reporting period or the
4period since the committee was previously ordered to conduct
5an audit, whichever is shorter. The entity performing the
6audit shall review the amount of funds and investments
7maintained by the political committee and ensure the financial
8records accurately account for any contributions and
9expenditures made by the political committee. A certified copy
10of the audit shall be delivered to the Board within 60 calendar
11days after receipt of notice from the Board, unless the Board
12grants an extension to complete the audit. A political
13committee ordered to conduct an audit through the random
14selection process shall not be required to conduct another
15audit for a minimum of 5 years unless the Board has reason to
16believe the political committee is in violation of Section
179-3, 9-8.5, or 9-10.
18    (e) The Board shall not disclose the name of any political
19committee ordered to conduct an audit or any documents in
20possession of the Board related to an audit unless, after
21review of the audit findings, the Board has reason to believe
22the political committee is in violation of Section 9-3, 9-8.5,
23or 9-10 and the Board imposed a fine.
24    (f) Failure to deliver a certified audit in a timely
25manner is a business offense punishable by a fine of $250 per
26day that the audit is late, up to a maximum of $5,000.

 

 

10200SB0825ham002- 99 -LRB102 04623 SMS 27430 a

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
4candidates of any political party), for any office to be
5filled by the voters of the State at large may also be made by
6nomination papers signed in the aggregate for each candidate
7by 1% of the number of voters who voted in the next preceding
8Statewide general election or 25,000 qualified voters of the
9State, whichever is less. Nominations of independent
10candidates for public office within any district or political
11subdivision less than the State, may be made by nomination
12papers signed in the aggregate for each candidate by qualified
13voters of such district, or political subdivision, equaling
14not less than 5%, nor more than 8% (or 50 more than the
15minimum, whichever is greater) of the number of persons, who
16voted at the next preceding regular election in such district
17or political subdivision in which such district or political
18subdivision voted as a unit for the election of officers to
19serve its respective territorial area. However, whenever the
20minimum signature requirement for an independent candidate
21petition for a district or political subdivision office shall
22exceed the minimum number of signatures for an independent
23candidate petition for an office to be filled by the voters of
24the State at large at the next preceding State-wide general
25election, such State-wide petition signature requirement shall

 

 

10200SB0825ham002- 100 -LRB102 04623 SMS 27430 a

1be the minimum for an independent candidate petition for such
2district or political subdivision office. For the first
3election following a redistricting of congressional districts,
4nomination papers for an independent candidate for
5congressperson congressman shall be signed by at least 5,000
6qualified voters of the congressional district. For the first
7election following a redistricting of legislative districts,
8nomination papers for an independent candidate for State
9Senator in the General Assembly shall be signed by at least
103,000 qualified voters of the legislative district. For the
11first election following a redistricting of representative
12districts, nomination papers for an independent candidate for
13State Representative in the General Assembly shall be signed
14by at least 1,500 qualified voters of the representative
15district. For the first election following redistricting of
16county board districts, or of municipal wards or districts, or
17for the first election following the initial establishment of
18such districts or wards in a county or municipality,
19nomination papers for an independent candidate for county
20board member, or for alderperson alderman or trustee of such
21municipality, shall be signed by qualified voters of the
22district or ward equal to not less than 5% nor more than 8% (or
2350 more than the minimum, whichever is greater) of the total
24number of votes cast at the preceding general or general
25municipal election, as the case may be, for the county or
26municipal office voted on throughout such county or

 

 

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1municipality for which the greatest total number of votes were
2cast for all candidates, divided by the number of districts or
3wards, but in any event not less than 25 qualified voters of
4the district or ward. Each voter signing a nomination paper
5shall add to his signature his place of residence, and each
6voter may subscribe to one nomination for such office to be
7filled, and no more: Provided that the name of any candidate
8whose name may appear in any other place upon the ballot shall
9not be so added by petition for the same office.
10    The person circulating the petition, or the candidate on
11whose behalf the petition is circulated, may strike any
12signature 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
10Governor a joint petition including one candidate for each of
11those offices must be filed.
12    A candidate for whom a nomination paper has been filed as a
13partisan candidate at a primary election, and who is defeated
14for his or her nomination at the primary election, is
15ineligible to be placed on the ballot as an independent
16candidate for election in that general or consolidated
17election.
18    A candidate seeking election to an office for which
19candidates of political parties are nominated by caucus who is
20a participant in the caucus and who is defeated for his or her
21nomination at such caucus, is ineligible to be listed on the
22ballot at that general or consolidated election as an
23independent 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
2for nomination under this Article 10 for candidates for public
3office in this State, shall in addition to other requirements
4provided by law, be as follows: Such petitions shall consist
5of sheets of uniform size and each sheet shall contain, above
6the space for signature, an appropriate heading, giving the
7information as to name of candidate or candidates in whose
8behalf such petition is signed; the office; the party; place
9of residence; and such other information or wording as
10required to make same valid, and the heading of each sheet
11shall be the same. Such petition shall be signed by the
12qualified voters in their own proper persons only, and
13opposite the signature of each signer his residence address
14shall be written or printed. The residence address required to
15be written or printed opposite each qualified primary
16elector's name shall include the street address or rural route
17number of the signer, as the case may be, as well as the
18signer's county, and city, village or town, and state.
19However, the county or city, village or town, and state of
20residence of such electors may be printed on the petition
21forms where all of the electors signing the petition reside in
22the same county or city, village or town, and state. Standard
23abbreviations may be used in writing the residence address,
24including street number, if any. Except as otherwise provided
25in this Code, no No signature shall be valid or be counted in
26considering the validity or sufficiency of such petition

 

 

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1unless the requirements of this Section are complied with. At
2the bottom of each sheet of such petition shall be added a
3circulator's statement, signed by a person 18 years of age or
4older who is a citizen of the United States; stating the street
5address or rural route number, as the case may be, as well as
6the county, city, village or town, and state; certifying that
7the signatures on that sheet of the petition were signed in his
8or her presence; certifying that the signatures are genuine;
9and either (1) indicating the dates on which that sheet was
10circulated, or (2) indicating the first and last dates on
11which the sheet was circulated, or (3) certifying that none of
12the signatures on the sheet were signed more than 90 days
13preceding the last day for the filing of the petition; and
14certifying that to the best of his knowledge and belief the
15persons so signing were at the time of signing the petition
16duly registered voters under Articles 4, 5 or 6 of the Code of
17the political subdivision or district for which the candidate
18or candidates shall be nominated, and certifying that their
19respective residences are correctly stated therein. Such
20statement shall be sworn to before some officer authorized to
21administer oaths in this State. Except as otherwise provided
22in this Code, no No petition sheet shall be circulated more
23than 90 days preceding the last day provided in Section 10-6
24for the filing of such petition. Such sheets, before being
25presented to the electoral board or filed with the proper
26officer of the electoral district or division of the state or

 

 

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1municipality, as the case may be, shall be neatly fastened
2together in book form, by placing the sheets in a pile and
3fastening them together at one edge in a secure and suitable
4manner, and the sheets shall then be numbered consecutively.
5The sheets shall not be fastened by pasting them together end
6to end, so as to form a continuous strip or roll. All petition
7sheets which are filed with the proper local election
8officials, election authorities or the State Board of
9Elections shall be the original sheets which have been signed
10by the voters and by the circulator, and not photocopies or
11duplicates of such sheets. A petition, when presented or
12filed, shall not be withdrawn, altered, or added to, and no
13signature shall be revoked except by revocation in writing
14presented or filed with the officers or officer with whom the
15petition is required to be presented or filed, and before the
16presentment or filing of such petition. Whoever forges any
17name of a signer upon any petition shall be deemed guilty of a
18forgery, and on conviction thereof, shall be punished
19accordingly. The word "petition" or "petition for nomination",
20as used herein, shall mean what is sometimes known as
21nomination papers, in distinction to what is known as a
22certificate of nomination. The words "political division for
23which the candidate is nominated", or its equivalent, shall
24mean the largest political division in which all qualified
25voters may vote upon such candidate or candidates, as the
26state in the case of state officers; the township in the case

 

 

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1of township officers et cetera. Provided, further, that no
2person shall circulate or certify petitions for candidates of
3more than one political party, or for an independent candidate
4or candidates in addition to one political party, to be voted
5upon at the next primary or general election, or for such
6candidates and parties with respect to the same political
7subdivision 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
11on a certificate of nomination or nomination papers the
12candidate's given name or names, initial or initials, a
13nickname by which the candidate is commonly known, or a
14combination thereof, may be used in addition to the
15candidate's surname. If a candidate has changed his or her
16name, whether by a statutory or common law procedure in
17Illinois or any other jurisdiction, within 3 years before the
18last day for filing the certificate of nomination or
19nomination papers for that office, whichever is applicable,
20then (i) the candidate's name on the certificate or papers
21must be followed by "formerly known as (list all prior names
22during the 3-year period) until name changed on (list date of
23each such name change)" and (ii) the certificate or paper must
24be accompanied by the candidate's affidavit stating the
25candidate's previous names during the period specified in (i)

 

 

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1and the date or dates each of those names was changed; failure
2to meet these requirements shall be grounds for denying
3certification of the candidate's name for the ballot or
4removing the candidate's name from the ballot, as appropriate,
5but these requirements do not apply to name changes resulting
6from adoption to assume an adoptive parent's or parents'
7surname, marriage or civil union to assume a spouse's surname,
8or dissolution of marriage or civil union or declaration of
9invalidity of marriage or civil union to assume a former
10surname or a name change that conforms the candidate's name to
11his or her gender identity. No other designation such as a
12political slogan, title, or degree, or nickname suggesting or
13implying possession of a title, degree or professional status,
14or similar information may be used in connection with the
15candidate'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
19provided in this Code, certificates Certificates of nomination
20and nomination papers for the nomination of candidates for
21offices to be filled by electors of the entire State, or any
22district not entirely within a county, or for congressional,
23state legislative or judicial offices, shall be presented to
24the principal office of the State Board of Elections not more
25than 141 nor less than 134 days previous to the day of election

 

 

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1for which the candidates are nominated. The State Board of
2Elections shall endorse the certificates of nomination or
3nomination papers, as the case may be, and the date and hour of
4presentment to it. Except as otherwise provided in this Code
5section, all other certificates for the nomination of
6candidates shall be filed with the county clerk of the
7respective counties not more than 141 but at least 134 days
8previous to the day of such election. Certificates of
9nomination and nomination papers for the nomination of
10candidates for school district offices to be filled at
11consolidated elections shall be filed with the county clerk or
12county board of election commissioners of the county in which
13the principal office of the school district is located not
14more than 113 nor less than 106 days before the consolidated
15election. Except as otherwise provided in this Code,
16certificates Certificates of nomination and nomination papers
17for the nomination of candidates for the other offices of
18political subdivisions to be filled at regular elections other
19than the general election shall be filed with the local
20election 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
15co-extensive with or are entirely within the jurisdiction of a
16municipal board of election commissioners, the certificates of
17nomination and nomination papers for candidates for such
18political subdivision offices shall be filed in the office of
19such 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
23Any person whose name has been presented as a candidate,
24including nonpartisan and independent candidates, may cause
25his name to be withdrawn from any such nomination by his

 

 

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1request in writing, signed by him and duly acknowledged before
2an officer qualified to take acknowledgment of deeds, and
3presented to the principal office or permanent branch office
4of the Board, the election authority, or the local election
5official, as the case may be, not later than the date for
6certification of candidates for the ballot. No name so
7withdrawn shall be printed upon the ballots under the party
8appellation or title from which the candidate has withdrawn
9his name. If such a request for withdrawal is received after
10the date for certification of the candidates for the ballot,
11then the votes cast for the withdrawn candidate are invalid
12and shall not be reported by the election authority. If the
13name of the same person has been presented as a candidate for 2
14or more offices which are incompatible so that the same person
15could not serve in more than one of such offices if elected,
16that person must withdraw as a candidate for all but one of
17such offices within the 5 business days following the last day
18for petition filing. If he fails to withdraw as a candidate for
19all but one of such offices within such time, his name shall
20not be certified, nor printed on the ballot, for any office.
21However, nothing in this section shall be construed as
22precluding a judge who is seeking retention in office from
23also being a candidate for another judicial office. Except as
24otherwise herein provided, in case the certificate of
25nomination or petition as provided for in this Article shall
26contain or exhibit the name of any candidate for any office

 

 

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1upon more than one of said certificates or petitions (for the
2same office), then and in that case the Board or election
3authority or local election official, as the case may be,
4shall immediately notify said candidate of said fact and that
5his name appears unlawfully upon more than one of said
6certificates or petitions and that within 3 days from the
7receipt of said notification, said candidate must elect as to
8which of said political party appellations or groups he
9desires his name to appear and remain under upon said ballot,
10and if said candidate refuses, fails or neglects to make such
11election, then and in that case the Board or election
12authority or local election official, as the case may be,
13shall permit the name of said candidate to appear or be printed
14or placed upon said ballot only under the political party
15appellation or group appearing on the certificate of
16nomination or petition, as the case may be, first filed, and
17shall strike or cause to be stricken the name of said candidate
18from all certificates of nomination and petitions filed after
19the first such certificate of nomination or petition.
20    Whenever the name of a candidate for an office is
21withdrawn from a new political party petition, it shall
22constitute a vacancy in nomination for that office which may
23be filled in accordance with Section 10-11 of this Article;
24provided, that if the names of all candidates for all offices
25on a new political party petition are withdrawn or such
26petition is declared invalid by an electoral board or upon

 

 

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1judicial review, no vacancies in nomination for those offices
2shall exist and the filing of any notice or resolution
3purporting to fill vacancies in nomination shall have no legal
4effect.
5    Whenever the name of an independent candidate for an
6office is withdrawn or an independent candidate's petition is
7declared invalid by an electoral board or upon judicial
8review, no vacancy in nomination for that office shall exist
9and the filing of any notice or resolution purporting to fill a
10vacancy in nomination shall have no legal effect.
11    All certificates of nomination and nomination papers when
12presented or filed shall be open, under proper regulation, to
13public inspection, and the State Board of Elections and the
14several election authorities and local election officials
15having charge of nomination papers shall preserve the same in
16their 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,
20certificates Certificates of nomination and nomination papers,
21and petitions to submit public questions to a referendum,
22being filed as required by this Code, and being in apparent
23conformity with the provisions of this Act, shall be deemed to
24be valid unless objection thereto is duly made in writing
25within 5 business days after the last day for filing the

 

 

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1certificate of nomination or nomination papers or petition for
2a 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
13in which the candidate or public question is to be voted on, or
14any legal voter in the State in the case of a proposed
15amendment to Article IV of the Constitution or an advisory
16public question to be submitted to the voters of the entire
17State, having objections to any certificate of nomination or
18nomination papers or petitions filed, shall file an objector's
19petition together with 2 copies thereof in the principal
20office or the permanent branch office of the State Board of
21Elections, or in the office of the election authority or local
22election official with whom the certificate of nomination,
23nomination papers or petitions are on file. Objection
24petitions that do not include 2 copies thereof, shall not be
25accepted. In the case of nomination papers or certificates of
26nomination, the State Board of Elections, election authority

 

 

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1or local election official shall note the day and hour upon
2which such objector's petition is filed, and shall, not later
3than 12:00 noon on the second business day after receipt of the
4petition, transmit by registered mail or receipted personal
5delivery the certificate of nomination or nomination papers
6and the original objector's petition to the chair of the
7proper electoral board designated in Section 10-9 hereof, or
8his authorized agent, and shall transmit a copy by registered
9mail or receipted personal delivery of the objector's
10petition, to the candidate whose certificate of nomination or
11nomination papers are objected to, addressed to the place of
12residence designated in said certificate of nomination or
13nomination papers. In the case of objections to a petition for
14a proposed amendment to Article IV of the Constitution or for
15an advisory public question to be submitted to the voters of
16the entire State, the State Board of Elections shall note the
17day and hour upon which such objector's petition is filed and
18shall transmit a copy of the objector's petition by registered
19mail or receipted personal delivery to the person designated
20on a certificate attached to the petition as the principal
21proponent of such proposed amendment or public question, or as
22the proponents' attorney, for the purpose of receiving notice
23of objections. In the case of objections to a petition for a
24public question, to be submitted to the voters of a political
25subdivision, or district thereof, the election authority or
26local election official with whom such petition is filed shall

 

 

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1note the day and hour upon which such objector's petition was
2filed, and shall, not later than 12:00 noon on the second
3business day after receipt of the petition, transmit by
4registered mail or receipted personal delivery the petition
5for the public question and the original objector's petition
6to the chair of the proper electoral board designated in
7Section 10-9 hereof, or his authorized agent, and shall
8transmit a copy by registered mail or receipted personal
9delivery, of the objector's petition to the person designated
10on a certificate attached to the petition as the principal
11proponent of the public question, or as the proponent's
12attorney, for the purposes of receiving notice of objections.
13    The objector's petition shall give the objector's name and
14residence address, and shall state fully the nature of the
15objections to the certificate of nomination or nomination
16papers or petitions in question, and shall state the interest
17of the objector and shall state what relief is requested of the
18electoral board.
19    The provisions of this Section and of Sections 10-9, 10-10
20and 10-10.1 shall also apply to and govern objections to
21petitions for nomination filed under Article 7 or Article 8,
22except as otherwise provided in Section 7-13 for cases to
23which it is applicable, and also apply to and govern petitions
24for 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
3Not less than 74 days before the date of the general election
4the State Board of Elections shall certify to the county clerk
5of each county the name of each candidate whose nomination
6papers, certificate of nomination or resolution to fill a
7vacancy in nomination has been filed with the State Board of
8Elections and direct the county clerk to place upon the
9official ballot for the general election the names of such
10candidates in the same manner and in the same order as shown
11upon the certification. The name of no candidate for an office
12to be filled by the electors of the entire state shall be
13placed upon the official ballot unless his name is duly
14certified to the county clerk upon a certificate signed by the
15members of the State Board of Elections. The names of group
16candidates on petitions shall be certified to the several
17county clerks in the order in which such names appear on such
18petitions filed with the State Board of Elections.
19    Except as otherwise provided in this Code, not Not less
20than 68 days before the date of the general election, each
21county clerk shall certify the names of each of the candidates
22for county offices whose nomination papers, certificates of
23nomination or resolutions to fill a vacancy in nomination have
24been filed with such clerk and declare that the names of such
25candidates for the respective offices shall be placed upon the
26official ballot for the general election in the same manner

 

 

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1and in the same order as shown upon the certification. Each
2county clerk shall place a copy of the certification on file in
3his or her office and at the same time issue to the State Board
4of Elections a copy of such certification. In addition, each
5county clerk in whose county there is a board of election
6commissioners shall, not less than 69 days before the
7election, certify to the board of election commissioners the
8name of the person or persons nominated for such office as
9shown by the certificate of the State Board of Elections,
10together with the names of all other candidates as shown by the
11certification of county officers on file in the clerk's
12office, and in the order so certified. The county clerk or
13board of election commissioners shall print the names of the
14nominees on the ballot for each office in the order in which
15they are certified to or filed with the county clerk;
16provided, that in printing the name of nominees for any
17office, if any of such nominees have also been nominated by one
18or more political parties pursuant to this Act, the location
19of the name of such candidate on the ballot for nominations
20made under this Article shall be precisely in the same order in
21which it appears on the certification of the State Board of
22Elections to the county clerk.
23    For the general election, the candidates of new political
24parties shall be placed on the ballot for said election after
25the established political party candidates and in the order of
26new political party petition filings.

 

 

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1    Each certification shall indicate, where applicable, the
2following:
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
14case may be, shall issue an amended certification whenever it
15is 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
20authorities shall establish one location to be located at an
21office of the election authority or in the largest
22municipality within its jurisdiction where all voters in its
23jurisdiction are allowed to vote on election day during
24polling place hours, regardless of the precinct in which they
25are registered. An election authority establishing such a

 

 

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1location under this Section shall identify the location, hours
2of operation, and health and safety requirements by the 40th
3day preceding the 2022 general primary election and certify
4such 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
8in each election district or precinct shall be printed on one
9ballot, except as is provided in Sections 16-6.1 and 21-1.01
10of this Act and except as otherwise provided in this Act with
11respect to the odd year regular elections and the emergency
12referenda; all nominations of any political party being placed
13under the party appellation or title of such party as
14designated in the certificates of nomination or petitions. The
15names of all independent candidates shall be printed upon the
16ballot in a column or columns under the heading "independent"
17arranged under the names or titles of the respective offices
18for which such independent candidates shall have been
19nominated and so far as practicable, the name or names of any
20independent candidate or candidates for any office shall be
21printed upon the ballot opposite the name or names of any
22candidate or candidates for the same office contained in any
23party column or columns upon said ballot. The ballot shall
24contain no other names, except that in cases of electors for
25President and Vice-President of the United States, the names

 

 

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1of the candidates for President and Vice-President may be
2added to the party designation and words calculated to aid the
3voter in his choice of candidates may be added, such as "Vote
4for one," "Vote for not more than three." If no candidate or
5candidates file for an office and if no person or persons file
6a declaration as a write-in candidate for that office, then
7below the title of that office the election authority instead
8shall print "No Candidate". When an electronic voting system
9is used which utilizes a ballot label booklet, the candidates
10and questions shall appear on the pages of such booklet in the
11order provided by this Code; and, in any case where candidates
12for an office appear on a page which does not contain the name
13of any candidate for another office, and where less than 50% of
14the page is utilized, the name of no candidate shall be printed
15on the lowest 25% of such page. On the back or outside of the
16ballot, so as to appear when folded, shall be printed the words
17"Official Ballot", followed by the designation of the polling
18place for which the ballot is prepared, the date of the
19election and a facsimile of the signature of the election
20authority who has caused the ballots to be printed. The
21ballots shall be of plain white paper, through which the
22printing or writing cannot be read. However, ballots for use
23at the nonpartisan and consolidated elections may be printed
24on different color paper, except blue paper, whenever
25necessary or desirable to facilitate distinguishing between
26ballots for different political subdivisions. In the case of

 

 

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1nonpartisan elections for officers of a political subdivision,
2unless the statute or an ordinance adopted pursuant to Article
3VII of the Constitution providing the form of government
4therefor requires otherwise, the column listing such
5nonpartisan candidates shall be printed with no appellation or
6circle at its head. The party appellation or title, or the word
7"independent" at the head of any column provided for
8independent candidates, shall be printed in letters not less
9than one-fourth of an inch in height and a circle one-half inch
10in diameter shall be printed at the beginning of the line in
11which such appellation or title is printed, provided, however,
12that no such circle shall be printed at the head of any column
13or columns provided for such independent candidates. The names
14of candidates shall be printed in letters not less than
15one-eighth nor more than one-fourth of an inch in height, and
16at the beginning of each line in which a name of a candidate is
17printed a square shall be printed, the sides of which shall be
18not less than one-fourth of an inch in length. However, the
19names of the candidates for Governor and Lieutenant Governor
20on the same ticket shall be printed within a bracket and a
21single square shall be printed in front of the bracket. The
22list of candidates of the several parties and any such list of
23independent candidates shall be placed in separate columns on
24the ballot in such order as the election authorities charged
25with the printing of the ballots shall decide; provided, that
26the names of the candidates of the several political parties,

 

 

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1certified by the State Board of Elections to the several
2county clerks shall be printed by the county clerk of the
3proper county on the official ballot in the order certified by
4the State Board of Elections. Any county clerk refusing,
5neglecting or failing to print on the official ballot the
6names of candidates of the several political parties in the
7order certified by the State Board of Elections, and any
8county clerk who prints or causes to be printed upon the
9official ballot the name of a candidate, for an office to be
10filled by the Electors of the entire State, whose name has not
11been duly certified to him upon a certificate signed by the
12State Board of Elections shall be guilty of a Class C
13misdemeanor.
14    (b) When an electronic voting system is used which
15utilizes a ballot card, on the inside flap of each ballot card
16envelope there shall be printed a form for write-in voting
17which shall be substantially as follows:
18
WRITE-IN VOTES
19    (See card of instructions for specific information.
20Duplicate 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
26a voter may vote shall be printed for an office only if one or

 

 

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1more persons filed declarations of intent to be write-in
2candidates or qualify to file declarations to be write-in
3candidates under Sections 17-16.1 and 18-9.1 when the
4certification of ballot contains the words "OBJECTION
5PENDING".
6    (c) When an electronic voting system is used which uses a
7ballot sheet, the instructions to voters on the ballot sheet
8shall refer the voter to the card of instructions for specific
9information on write-in voting. Below each office appearing on
10such ballot sheet there shall be a provision for the casting of
11a write-in vote. Write-in lines equal to the number of
12candidates for which a voter may vote shall be printed for an
13office only if one or more persons filed declarations of
14intent to be write-in candidates or qualify to file
15declarations to be write-in candidates under Sections 17-16.1
16and 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
19printed on the back of each ballot card, each ballot card
20envelope, and the first page of the ballot label when a ballot
21label is used, the words "Official Ballot," followed by the
22number of the precinct or other precinct identification, which
23may be stamped, in lieu thereof and, as applicable, the number
24and name of the township, ward or other election district for
25which the ballot card, ballot card envelope, and ballot label
26are prepared, the date of the election and a facsimile of the

 

 

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1signature of the election authority who has caused the ballots
2to be printed. The back of the ballot card shall also include a
3method of identifying the ballot configuration such as a
4listing of the political subdivisions and districts for which
5votes may be cast on that ballot, or a number code identifying
6the ballot configuration or color coded ballots, except that
7where there is only one ballot configuration in a precinct,
8the precinct identification, and any applicable ward
9identification, shall be sufficient. Ballot card envelopes
10used in punch card systems shall be of paper through which no
11writing or punches may be discerned and shall be of sufficient
12length to enclose all voting positions. However, the election
13authority may provide ballot card envelopes on which no
14precinct number or township, ward or other election district
15designation, or election date are preprinted, if space and a
16preprinted form are provided below the space provided for the
17names of write-in candidates where such information may be
18entered by the judges of election. Whenever an election
19authority utilizes ballot card envelopes on which the election
20date and precinct is not preprinted, a judge of election shall
21mark such information for the particular precinct and election
22on the envelope in ink before tallying and counting any
23write-in vote written thereon. If some method of insuring
24ballot secrecy other than an envelope is used, such
25information must be provided on the ballot itself.
26    (e) In the designation of the name of a candidate on the

 

 

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1ballot, the candidate's given name or names, initial or
2initials, a nickname by which the candidate is commonly known,
3or a combination thereof, may be used in addition to the
4candidate's surname. If a candidate has changed his or her
5name, whether by a statutory or common law procedure in
6Illinois or any other jurisdiction, within 3 years before the
7last day for filing the petition for nomination, nomination
8papers, or certificate of nomination for that office,
9whichever is applicable, then (i) the candidate's name on the
10ballot must be followed by "formerly known as (list all prior
11names during the 3-year period) until name changed on (list
12date of each such name change)" and (ii) the petition, papers,
13or certificate must be accompanied by the candidate's
14affidavit stating the candidate's previous names during the
15period specified in (i) and the date or dates each of those
16names was changed; failure to meet these requirements shall be
17grounds for denying certification of the candidate's name for
18the ballot or removing the candidate's name from the ballot,
19as appropriate, but these requirements do not apply to name
20changes resulting from adoption to assume an adoptive parent's
21or parents' surname, marriage or civil union to assume a
22spouse's surname, or dissolution of marriage or civil union or
23declaration of invalidity of marriage or civil union to assume
24a former surname or a name change that conforms the
25candidate's name to his or her gender identity. No other
26designation such as a political slogan, title, or degree or

 

 

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1nickname suggesting or implying possession of a title, degree
2or professional status, or similar information may be used in
3connection with the candidate's surname. For purposes of this
4Section, a "political slogan" is defined as any word or words
5expressing or connoting a position, opinion, or belief that
6the candidate may espouse, including but not limited to, any
7word or words conveying any meaning other than that of the
8personal identity of the candidate. A candidate may not use a
9political slogan as part of his or her name on the ballot,
10notwithstanding that the political slogan may be part of the
11candidate's name.
12    (f) The State Board of Elections, a local election
13official, or an election authority shall remove any
14candidate's name designation from a ballot that is
15inconsistent with subsection (e) of this Section. In addition,
16the State Board of Elections, a local election official, or an
17election authority shall not certify to any election authority
18any candidate name designation that is inconsistent with
19subsection (e) of this Section.
20    (g) If the State Board of Elections, a local election
21official, or an election authority removes a candidate's name
22designation from a ballot under subsection (f) of this
23Section, then the aggrieved candidate may seek appropriate
24relief in circuit court.
25    Where voting machines or electronic voting systems are
26used, the provisions of this Section may be modified as

 

 

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1required or authorized by Article 24 or Article 24A, whichever
2is applicable.
3    Nothing in this Section shall prohibit election
4authorities from using or reusing ballot card envelopes which
5were printed before the effective date of this amendatory Act
6of 1985.
7(Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07;
895-862, 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
11Code, the The election authority shall, at least 46 days prior
12to the date of any election at which federal officers are
13elected and 45 days prior to any other regular election, have a
14sufficient number of ballots printed so that such ballots will
15be available for mailing 45 days prior to the date of the
16election to persons who have filed application for a ballot
17under the provisions of Article 20 of this Act.
18    (b) If at any election at which federal offices are
19elected or nominated the election authority is unable to
20comply with the provisions of subsection (a), the election
21authority shall mail to each such person, in lieu of the
22ballot, a Special Write-in Vote by Mail Voter's Blank Ballot.
23The Special Write-in Vote by Mail Voter's Blank Ballot shall
24be used at all elections at which federal officers are elected
25or nominated and shall be prepared by the election authority

 

 

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1in 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
4his or her name on the lines provided. Place to the left of and
5opposite the title of office a square and place a cross (X) in
6the square.)
7        Title of Office                 Name of Candidate
8(    )                                                       
9(    )                                                       
10(    )                                                       
11(    )                                                       
12(    )                                                       
13(    )                                                       
14    The election authority shall send with the Special
15Write-in Vote by Mail Voter's Blank Ballot a list of all
16referenda for which the voter is qualified to vote and all
17candidates for whom nomination papers have been filed and for
18whom the voter is qualified to vote. The voter shall be
19entitled to write in the name of any candidate seeking
20election and any referenda for which he or she is entitled to
21vote.
22    On the back or outside of the ballot, so as to appear when
23folded, shall be printed the words "Official Ballot", the date
24of the election and a facsimile of the signature of the
25election authority who has caused the ballot to be printed.
26    The provisions of Article 20, insofar as they may be

 

 

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1applicable to the Special Write-in Vote by Mail Voter's Blank
2Ballot, shall be applicable herein.
3    (c) Notwithstanding any provision of this Code or other
4law to the contrary, the governing body of a municipality may
5adopt, upon submission of a written statement by the
6municipality's election authority attesting to the
7administrative ability of the election authority to administer
8an election using a ranked ballot to the municipality's
9governing body, an ordinance requiring, and that
10municipality's election authority shall prepare, a ranked vote
11by mail ballot for municipal and township office candidates to
12be voted on in the consolidated election. This ranked ballot
13shall be for use only by a qualified voter who either is a
14member of the United States military or will be outside of the
15United States on the consolidated primary election day and the
16consolidated election day. The ranked ballot shall contain a
17list of the titles of all municipal and township offices
18potentially contested at both the consolidated primary
19election and the consolidated election and the candidates for
20each office and shall permit the elector to vote in the
21consolidated election by indicating his or her order of
22preference for each candidate for each office. To indicate his
23or her order of preference for each candidate for each office,
24the voter shall put the number one next to the name of the
25candidate who is the voter's first choice, the number 2 for his
26or her second choice, and so forth so that, in consecutive

 

 

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1numerical order, a number indicating the voter's preference is
2written by the voter next to each candidate's name on the
3ranked ballot. The voter shall not be required to indicate his
4or her preference for more than one candidate on the ranked
5ballot. The voter may not cast a write-in vote using the ranked
6ballot for the consolidated election. The election authority
7shall, if using the ranked vote by mail ballot authorized by
8this subsection, also prepare instructions for use of the
9ranked ballot. The ranked ballot for the consolidated election
10shall be mailed to the voter at the same time that the ballot
11for the consolidated primary election is mailed to the voter
12and the election authority shall accept the completed ranked
13ballot for the consolidated election when the authority
14accepts the completed ballot for the consolidated primary
15election.
16    The voter shall also be sent a vote by mail ballot for the
17consolidated election for those races that are not related to
18the results of the consolidated primary election as soon as
19the consolidated election ballot is certified.
20    The State Board of Elections shall adopt rules for
21election authorities for the implementation of this
22subsection, including but not limited to the application for
23and 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
2by the State Board of Elections, or if the Board determines
3that all potential polling places have been surveyed by the
4election authority and that no accessible polling place, as
5defined by rule of the State Board of Elections, is available
6within a precinct nor is the election authority able to make a
7polling place within the precinct temporarily accessible, the
8Board, upon written application by the election authority, is
9authorized to grant an exemption from the accessibility
10requirements of the Federal Voting Accessibility for the
11Elderly and Handicapped Act (Public Law 98-435). Such
12exemption shall be valid for a period of 2 years.
13    (b) Any voter with a temporary or permanent disability
14who, because of structural features of the building in which
15the polling place is located, is unable to access or enter the
16polling place, may request that 2 judges of election of
17opposite party affiliation deliver a ballot to him or her at
18the point where he or she is unable to continue forward motion
19toward the polling place; but, in no case, shall a ballot be
20delivered to the voter beyond 50 feet of the entrance to the
21building in which the polling place is located. Such request
22shall be made to the election authority not later than the
23close of business at the election authority's office on the
24day before the election and on a form prescribed by the State
25Board of Elections. The election authority shall notify the
26judges of election for the appropriate precinct polling places

 

 

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1of such requests.
2    Weather permitting, 2 judges of election shall deliver to
3the voter with a disability the ballot which he or she is
4entitled to vote, a portable voting booth or other enclosure
5that will allow such voter to mark his or her ballot in
6secrecy, and a marking device.
7    (c) The voter must complete the entire voting process,
8including the application for ballot from which the judges of
9election shall compare the voter's signature with the
10signature on his or her registration record card in the
11precinct binder.
12    (d) Election authorities may establish curb-side voting
13for individuals to cast a ballot during early voting or on
14election day. An election authority's curb-side voting program
15shall designate at least 2 election judges from opposite
16parties per vehicle and the individual must have the option to
17mark the ballot without interference from the election judges.
18    After the voter has marked his or her ballot and placed it
19in the ballot envelope (or folded it in the manner prescribed
20for paper ballots), the 2 judges of election shall return the
21ballot to the polling place and give it to the judge in charge
22of the ballot box who shall deposit it therein.
23    Pollwatchers as provided in Sections 7-34 and 17-23 of
24this Code shall be permitted to accompany the judges and
25observe the above procedure.
26    No assistance may be given to such voter in marking his or

 

 

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1her ballot, unless the voter requests assistance and completes
2the 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
6establish curbside voting for individuals to cast a ballot
7during early voting or on election day. An election
8authority's curbside voting program shall designate at least 2
9election judges from opposite parties per vehicle, and the
10individual shall have the opportunity to mark the ballot
11without 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,
14write-in Write-in votes shall be counted only for persons who
15have filed notarized declarations of intent to be write-in
16candidates with the proper election authority or authorities
17not later than 61 days prior to the election. However,
18whenever an objection to a candidate's nominating papers or
19petitions for any office is sustained under Section 10-10
20after the 61st day before the election, then write-in votes
21shall be counted for that candidate if he or she has filed a
22notarized declaration of intent to be a write-in candidate for
23that office with the proper election authority or authorities
24not later than 7 days prior to the election.

 

 

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1    Forms for the declaration of intent to be a write-in
2candidate shall be supplied by the election authorities. Such
3declaration shall specify the office for which the person
4seeks election as a write-in candidate.
5    The election authority or authorities shall deliver a list
6of all persons who have filed such declarations to the
7election judges in the appropriate precincts prior to the
8election.
9    A candidate for whom a nomination paper has been filed as a
10partisan candidate at a primary election, and who is defeated
11for his or her nomination at the primary election is
12ineligible to file a declaration of intent to be a write-in
13candidate for election in that general or consolidated
14election.
15    A candidate seeking election to an office for which
16candidates of political parties are nominated by caucus who is
17a participant in the caucus and who is defeated for his or her
18nomination at such caucus is ineligible to file a declaration
19of intent to be a write-in candidate for election in that
20general or consolidated election.
21    A candidate seeking election to an office for which
22candidates are nominated at a primary election on a
23nonpartisan basis and who is defeated for his or her
24nomination at the primary election is ineligible to file a
25declaration of intent to be a write-in candidate for election
26in that general or consolidated election.

 

 

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1    Nothing in this Section shall be construed to apply to
2votes cast under the provisions of subsection (b) of Section
316-5.01.
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,
7write-in Write-in votes shall be counted only for persons who
8have filed notarized declarations of intent to be write-in
9candidates with the proper election authority or authorities
10not later than 61 days prior to the election. However,
11whenever an objection to a candidate's nominating papers or
12petitions is sustained under Section 10-10 after the 61st day
13before the election, then write-in votes shall be counted for
14that candidate if he or she has filed a notarized declaration
15of intent to be a write-in candidate for that office with the
16proper election authority or authorities not later than 7 days
17prior to the election.
18    Forms for the declaration of intent to be a write-in
19candidate shall be supplied by the election authorities. Such
20declaration shall specify the office for which the person
21seeks election as a write-in candidate.
22    The election authority or authorities shall deliver a list
23of all persons who have filed such declarations to the
24election judges in the appropriate precincts prior to the
25election.

 

 

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1    A candidate for whom a nomination paper has been filed as a
2partisan candidate at a primary election, and who is defeated
3for his or her nomination at the primary election, is
4ineligible to file a declaration of intent to be a write-in
5candidate for election in that general or consolidated
6election.
7    A candidate seeking election to an office for which
8candidates of political parties are nominated by caucus who is
9a participant in the caucus and who is defeated for his or her
10nomination at such caucus is ineligible to file a declaration
11of intent to be a write-in candidate for election in that
12general or consolidated election.
13    A candidate seeking election to an office for which
14candidates are nominated at a primary election on a
15nonpartisan basis and who is defeated for his or her
16nomination at the primary election is ineligible to file a
17declaration of intent to be a write-in candidate for election
18in that general or consolidated election.
19    Nothing in this Section shall be construed to apply to
20votes cast under the provisions of subsection (b) of Section
2116-5.01.
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
25Any elector as defined in Section 19-1 may by mail or

 

 

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1electronically on the website of the appropriate election
2authority, not more than 90 nor less than 5 days prior to the
3date of such election, or by personal delivery not more than 90
4nor less than one day prior to the date of such election, make
5application to the county clerk or to the Board of Election
6Commissioners for an official ballot for the voter's precinct
7to be voted at such election, or be added to a list of
8permanent vote by mail status voters who receive an official
9vote by mail ballot for subsequent elections. Voters who make
10an application for permanent vote by mail ballot status shall
11follow the procedures specified in Section 19-3. Voters whose
12application for permanent vote by mail status is accepted by
13the election authority shall remain on the permanent vote by
14mail list until the voter requests to be removed from
15permanent vote by mail status, the voter provides notice to
16the election authority of a change in registration, or the
17election authority receives confirmation that the voter has
18subsequently registered to vote in another county. The URL
19address at which voters may electronically request a vote by
20mail ballot shall be fixed no later than 90 calendar days
21before an election and shall not be changed until after the
22election. Such a ballot shall be delivered to the elector only
23upon separate application by the elector for each election.
24(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13;
2598-691, 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
3disability. By December 31, 2021, the State Board of Elections
4shall prepare and submit to the General Assembly proposed
5legislation establishing a procedure to send vote by mail
6ballots via electronic transmission and enable a voter with a
7disability to independently and privately mark a ballot using
8assistive technology in order for the voter to vote by mail.
9Prior to submission, the State Board of Elections shall
10solicit public commentary and conduct at least 2 public
11hearings 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
14authority shall notify all qualified voters, not more than 90
15days nor less than 45 days before a general election, of the
16option for permanent vote by mail status using the following
17notice and including the application for permanent vote by
18mail status in subsection (b) of Section 19-3:
19    "You may apply to permanently be placed on vote by mail
20status 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
24election 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
3State 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
7the city of .... residing at .... in such city or town in the
8county of .... and State of Illinois; that I have lived at such
9address for .... month(s) last past; that I am lawfully
10entitled to vote in such precinct at the .... election to be
11held therein on ....; and that I wish to vote by vote by mail
12ballot.
13    I hereby make application for an official ballot or
14ballots to be voted by me at such election, and I agree that I
15shall return such ballot or ballots to the official issuing
16the same prior to the closing of the polls on the date of the
17election or, if returned by mail, postmarked no later than
18election day, for counting no later than during the period for
19counting provisional ballots, the last day of which is the
2014th day following election day.
21    I understand that this application is made for an official
22vote by mail ballot or ballots to be voted by me at the
23election specified in this application and that I must submit
24a separate application for an official vote by mail ballot or
25ballots to be voted by me at any subsequent election.
26    Under penalties as provided by law pursuant to Section

 

 

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129-10 of the Election Code, the undersigned certifies that the
2statements 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
8shall 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
11permanent vote by mail status.
12    I state that I am a resident of the City of .... residing
13at .... in such city in the county of .... and State of
14Illinois; that I have lived at such address for .... month(s)
15last past; that I am lawfully entitled to vote in such precinct
16at the .... election to be held therein on ....; and that I
17wish 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
24ballots to be voted by me at such election, and I agree that I
25shall return such ballot or ballots to the official issuing
26the same prior to the closing of the polls on the date of the

 

 

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1election or, if returned by mail, postmarked no later than
2election day, for counting no later than during the period for
3counting provisional ballots, the last day of which is the
414th day following election day.
5    Under penalties as provided by law under Section 29-10 of
6the Election Code, the undersigned certifies that the
7statements 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
12ballot, such application shall require the applicant to
13designate the name of the political party with which the
14applicant is affiliated. The election authority shall allow
15any voter on permanent vote by mail status to change his or her
16party affiliation for a primary election ballot by a method
17and deadline published and selected by the election authority.
18    (d) If application is made electronically, the applicant
19shall mark the box associated with the above described
20statement included as part of the online application
21certifying that the statements set forth in the this
22application under subsection (a) or (b) are true and correct,
23and a signature is not required.
24    (e) Any person may produce, reproduce, distribute, or
25return to an election authority an the application under this
26Section for vote by mail ballot. If applications are sent to a

 

 

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1post office box controlled by any individual or organization
2that is not an election authority, those applications shall
3(i) include a valid and current phone number for the
4individual or organization controlling the post office box and
5(ii) be turned over to the appropriate election authority
6within 7 days of receipt or, if received within 2 weeks of the
7election in which an applicant intends to vote, within 2 days
8of receipt. Failure to turn over the applications in
9compliance with this paragraph shall constitute a violation of
10this Code and shall be punishable as a petty offense with a
11fine of $100 per application. Removing, tampering with, or
12otherwise knowingly making the postmark on the application
13unreadable by the election authority shall establish a
14rebuttable presumption of a violation of this paragraph. Upon
15receipt, the appropriate election authority shall accept and
16promptly process any application under this Section for vote
17by mail ballot submitted in a form substantially similar to
18that required by this Section, including any substantially
19similar production or reproduction generated by the applicant.
20    (f) An election authority may combine the applications in
21subsections (a) and (b) onto one form, but the distinction
22between the applications must be clear and the form must
23provide check boxes for an applicant to indicate whether he or
24she is applying for a single election vote by mail ballot or
25for 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
4period for early voting by personal appearance begins the 40th
5day preceding a general primary, consolidated primary,
6consolidated, or general election and extends through the end
7of the day before election day.
8    (b) Except as otherwise provided by this Section, a
9permanent polling place for early voting must remain open
10beginning the 15th day before an election through the end of
11the day before election day during the hours of 8:30 a.m. to
124:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that
13beginning 8 days before election day, a permanent polling
14place for early voting must remain open during the hours of
158:30 a.m. to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and 9:00
16a.m. to 12:00 p.m. on Saturdays and holidays, and 10:00 a.m. to
174 p.m. on Sundays; except that, in addition to the hours
18required by this subsection, a permanent polling place
19designated by an election authority under subsections (c),
20(d), and (e) of Section 19A-10 must remain open for a total of
21at least 8 hours on any holiday during the early voting period
22and a total of at least 14 hours on the final weekend during
23the early voting period.
24    (c) Notwithstanding subsection (b), an election authority
25may close an early voting polling place if the building in

 

 

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1which the polling place is located has been closed by the State
2or unit of local government in response to a severe weather
3emergency or other force majeure. The election authority shall
4notify the State Board of Elections of any closure and shall
5make reasonable efforts to provide notice to the public of an
6alternative 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,
9eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14;
1098-1171, 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
14voting, the election authority may establish temporary branch
15polling places for early voting.
16    (b) The provisions of subsection (b) of Section 19A-15 do
17not apply to a temporary polling place. Voting at a temporary
18branch polling place may be conducted on any one or more days
19and during any hours within the period for early voting by
20personal appearance that are determined by the election
21authority.
22    (c) The schedules for conducting voting do not need to be
23uniform among the temporary branch polling places.
24    (d) The legal rights and remedies which inure to the owner
25or lessor of private property are not impaired or otherwise

 

 

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1affected by the leasing of the property for use as a temporary
2branch polling place for early voting, except to the extent
3necessary 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
5shall apply to a temporary branch polling place under this
6subsection (e), subject to approval from the election
7authority and the county jail, except that nonpartisan
8pollwatchers shall be limited to one per division within the
9jail instead of one per precinct. A county that establishes a
10temporary branch polling place inside a county jail in
11accordance with this subsection (e) shall adhere to all
12requirements of this subsection (e). All requirements of the
13federal Voting Rights Act of 1965 and Sections 203 and 208 of
14the federal Americans with Disabilities Act shall apply to
15this 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
19trustee or alderperson alderman is brought involving ballots
20from the same precincts which are subject to the jurisdiction
21of the circuit court by virtue of the pendency of an election
22contest for another office, the municipal council or board of
23trustees having jurisdiction of the municipal election contest
24shall have priority of access and possession of the ballots
25and other election materials for the purpose of conducting a

 

 

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1recount or other related proceedings for a period of 30 days
2following the commencement of the municipal election contest.
3The election authority shall notify the court and the
4municipal council or board of the pendency of all other
5contests 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
9vacancy occurs in the office of State Senator or
10Representative in the General Assembly, the vacancy shall be
11filled within 30 days by appointment of the legislative or
12representative committee of that legislative or representative
13district of the political party of which the incumbent was a
14candidate at the time of his election. Prior to holding a
15meeting to fill the vacancy, the committee shall make public
16(i) the names of the committeeperson on the appropriate
17legislative or representative committee, (ii) the date, time,
18and location of the meeting to fill the vacancy, and (iii) any
19information on how to apply or submit a name for consideration
20as the appointee. A meeting to fill a vacancy in office shall
21be held in the district or virtually, and any meeting shall be
22accessible to the public. The appointee shall be a member of
23the same political party as the person he succeeds was at the
24time of his election, and shall be otherwise eligible to serve
25as a member of the General Assembly.

 

 

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1    (b) When a vacancy occurs in the office of a legislator
2elected other than as a candidate of a political party, the
3vacancy shall be filled within 30 days of such occurrence by
4appointment of the Governor. The appointee shall not be a
5member of a political party, and shall be otherwise eligible
6to serve as a member of the General Assembly. Provided,
7however, the appropriate body of the General Assembly may, by
8resolution, allow a legislator elected other than as a
9candidate of a political party to affiliate with a political
10party for his term of office in the General Assembly. A vacancy
11occurring in the office of any such legislator who affiliates
12with a political party pursuant to resolution shall be filled
13within 30 days of such occurrence by appointment of the
14appropriate legislative or representative committee of that
15legislative or representative district of the political party
16with which the legislator so affiliates. The appointee shall
17be a member of the political party with which the incumbent
18affiliated.
19    (c) For purposes of this Section, a person is a member of a
20political party for 23 months after (i) signing a candidate
21petition, as to the political party whose nomination is
22sought; (ii) signing a statement of candidacy, as to the
23political party where nomination or election is sought; (iii)
24signing a Petition of Political Party Formation, as to the
25proposed political party; (iv) applying for and receiving a
26primary ballot, as to the political party whose ballot is

 

 

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1received; or (v) becoming a candidate for election to or
2accepting appointment to the office of ward, township,
3precinct or state central committeeperson.
4    (d) In making appointments under this Section, each
5committeeperson of the appropriate legislative or
6representative committee shall be entitled to one vote for
7each vote that was received, in that portion of the
8legislative or representative district which he represents on
9the committee, by the Senator or Representative whose seat is
10vacant at the general election at which that legislator was
11elected to the seat which has been vacated and a majority of
12the total number of votes received in such election by the
13Senator or Representative whose seat is vacant is required for
14the appointment of his successor; provided, however, that in
15making appointments in legislative or representative districts
16comprising only one county or part of a county other than a
17county containing 2,000,000 or more inhabitants, each
18committeeperson shall be entitled to cast only one vote.
19    (e) Appointments made under this Section shall be in
20writing and shall be signed by members of the legislative or
21representative committee whose total votes are sufficient to
22make the appointments or by the Governor, as the case may be.
23Such appointments shall be filed with the Secretary of State
24and with the Clerk of the House of Representatives or the
25Secretary of the Senate, whichever is appropriate.
26    (f) An appointment made under this Section shall be for

 

 

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1the remainder of the term, except that, if the appointment is
2to fill a vacancy in the office of State Senator and the
3vacancy occurs with more than 28 months remaining in the term,
4the term of the appointment shall expire at the time of the
5next general election at which time a Senator shall be elected
6for a new term commencing on the determination of the results
7of the election and ending on the second Wednesday of January
8in the second odd-numbered year next occurring. Whenever a
9Senator has been appointed to fill a vacancy and was
10thereafter elected to that office, the term of service under
11the authority of the election shall be considered a new term of
12service, separate from the term of service rendered under the
13authority 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
17convicted of an infamous crime as such term is defined in
18Section 124-1 of the Code of Criminal Procedure of 1963, as
19amended, shall thereafter be prohibited from holding any
20office of honor, trust, or profit, unless such person is again
21restored to such rights by the terms of a pardon for the
22offense, has received a restoration of rights by the Governor,
23or otherwise according to law. Any time after a judgment of
24conviction is rendered, a person convicted of an infamous
25crime 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
2the 102nd General Assembly are declarative of existing law.
3(Source: P.A. 83-1097.)
 
4    Section 10. The Illinois Pension Code is amended by
5changing Sections 6-230, 7-109, 8-113, 8-232, 8-243, and
68-243.2 as follows:
 
7    (40 ILCS 5/6-230)
8    Sec. 6-230. Participation by an alderperson alderman or
9member of city council.
10    (a) A person shall be a member under this Article if he or
11she (1) is or was employed and receiving a salary as a fireman
12under item (a) of Section 6-106, (2) has at least 5 years of
13service under this Article, (3) is employed in a position
14covered under Section 8-243, (4) made an election under
15Article 8 to not receive service credit or be a participant
16under that Article, and (5) made an election to participate
17under this Article.
18    (b) For the purposes of determining employee and employer
19contributions under this Article, the employee and employer
20shall be responsible for any and all contributions otherwise
21required if the person was employed and receiving salary as a
22fireman 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

 

 

10200SB0825ham002- 155 -LRB102 04623 SMS 27430 a

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
10defenders and probation officers, who receive earnings from
11general or special funds of a county for performance of
12personal services or official duties within the territorial
13limits of the county, are employees of the county (unless
14excluded by subsection (2) of this Section) notwithstanding
15that they may be appointed by and are subject to the direction
16of a person or persons other than a county board or a county
17officer. It is hereby established that an employer-employee
18relationship under the usual common law rules exists between
19such employees and the county paying their salaries by reason
20of the fact that the county boards fix their rates of
21compensation, appropriate funds for payment of their earnings
22and otherwise exercise control over them. This finding and
23this amendatory Act shall apply to all such employees from the
24date of appointment whether such date is prior to or after the
25effective date of this amendatory Act and is intended to
26clarify existing law pertaining to their status as

 

 

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1participating employees in the Fund.
2(Source: P.A. 99-830, eff. 1-1-17; 100-281, eff. 8-24-17;
3100-1097, 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
6participant. "Municipal employee", "employee", "contributor",
7or "participant":
8    (a) Any employee of an employer employed in the classified
9civil service thereof other than by temporary appointment or
10in a position excluded or exempt from the classified service
11by the Civil Service Act, or in the case of a city operating
12under a personnel ordinance, any employee of an employer
13employed in the classified or career service under the
14provisions of a personnel ordinance, other than in a
15provisional or exempt position as specified in such ordinance
16or in rules and regulations formulated thereunder.
17    (b) Any employee in the service of an employer before the
18Civil 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
21to January 1, 1984, in the service of the employer by temporary
22appointment or in a position exempt from the classified
23service as set forth in the Civil Service Act, or in a
24provisional or exempt position as specified in the personnel
25ordinance, 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
9other officer or official of the employer, who files, while in
10office, written application with the board to be included
11hereunder.
12    (f) Beginning January 1, 1984, any person employed by an
13employer other than the Chicago Housing Authority or the
14Public Building Commission of the city, whether or not such
15person is serving by temporary appointment or in a position
16exempt from the classified service as set forth in the Civil
17Service Act, or in a provisional or exempt position as
18specified in the personnel ordinance, provided that such
19person is neither (1) an alderperson alderman or other officer
20or official of the employer, nor (2) participating, on the
21basis of such employment, in any other pension fund or
22retirement system established under this Act.
23    (g) After December 31, 1959, any person employed in the
24law department of the city, or municipal court or Board of
25Election Commissioners of the city, who was a contributor and
26participant, on December 31, 1959, in the annuity and benefit

 

 

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1fund in operation in the city on said date, by virtue of the
2Court and Law Department Employees' Annuity Act or the Board
3of Election Commissioners Employees' Annuity Act.
4    After December 31, 1959, the foregoing definition includes
5any other person employed or to be employed in the law
6department, or municipal court (other than as a judge), or
7Board of Election Commissioners (if his salary is provided by
8appropriation of the city council of the city and his salary
9paid by the city) -- subject, however, in the case of such
10persons not participants on December 31, 1959, to compliance
11with the same qualifications and restrictions otherwise set
12forth in this Section and made generally applicable to
13employees or officers of the city concerning eligibility for
14participation or membership.
15    Notwithstanding any other provision in this Section, any
16person who first becomes employed in the law department of the
17city on or after the effective date of this amendatory Act of
18the 100th General Assembly shall be included within the
19foregoing definition, effective upon the date the person first
20becomes so employed, regardless of the nature of the
21appointment the person holds under the provisions of a
22personnel ordinance.
23    (h) After December 31, 1965, any person employed in the
24public library of the city -- and any other person -- who was a
25contributor and participant, on December 31, 1965, in the
26pension fund in operation in the city on said date, by virtue

 

 

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1of the Public Library Employees' Pension Act.
2    (i) After December 31, 1968, any person employed in the
3house of correction of the city, who was a contributor and
4participant, on December 31, 1968, in the pension fund in
5operation in the city on said date, by virtue of the House of
6Correction Employees' Pension Act.
7    (j) Any person employed full-time on or after the
8effective date of this amendatory Act of the 92nd General
9Assembly by the Chicago Housing Authority who has elected to
10participate in this Fund as provided in subsection (a) of
11Section 8-230.9.
12    (k) Any person employed full-time by the Public Building
13Commission of the city who has elected to participate in this
14Fund 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
19the minimum annuity under Section 8-138, the following
20provisions 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
4schedule shall govern the computation of service of an
5employee whose salary or wages is on the basis stated, and any
6fractional part of a year of service shall be determined
7according to said schedule:
8    Annual or Monthly basis: Service during 4 months in any 1
9calendar year shall constitute a year of service.
10    Weekly basis: Service during any week shall constitute a
11week of service and service during any 17 weeks in any 1
12calendar year shall constitute a year of service.
13    Daily basis: Service during any day shall constitute a day
14of service and service during 100 days in any 1 calendar year
15shall constitute a year of service.
16    Hourly basis: Service during any hour shall constitute an
17hour of service and service during 700 hours in any 1 calendar
18year 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
22city council. Whenever any person has served or hereafter
23serves as a duly elected alderperson alderman or member of the
24city council of any city of more than 500,000 inhabitants and
25is or hereafter becomes a contributing participant in any

 

 

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1pension fund or any annuity and benefit fund in existence in
2such city by operation of law, the period of service as such
3alderperson alderman or member of the city council shall be
4counted as a period of service in computing any annuity or
5pension which such person may become entitled to receive from
6such fund upon separation from the service, except as ruled
7out 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
12and 8-243.3, "city officer" means the city clerk, the city
13treasurer, or an alderperson alderman of the city elected by
14vote of the people, while serving in that capacity or as
15provided in subsection (f), who has elected to participate in
16the Fund.
17    (b) Any elected city officer, while serving in that
18capacity or as provided in subsection (f), may elect to
19establish alternative credits for an alternative annuity by
20electing in writing to make additional optional contributions
21in accordance with this Section and the procedures established
22by the board. Such elected city officer may discontinue making
23the additional optional contributions by notifying the Fund in
24writing in accordance with this Section and procedures
25established by the board.

 

 

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1    Additional optional contributions for the alternative
2annuity 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
20under this Article, any city officer elected by vote of the
21people who (1) has elected to participate in the Fund and make
22additional optional contributions in accordance with this
23Section, and (2) has attained age 55 with at least 10 years of
24service credit, or has attained age 60 with at least 8 years of
25service credit, may elect to have his retirement annuity
26computed as follows: 3% of the participant's salary at the

 

 

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1time of termination of service for each of the first 8 years of
2service credit, plus 4% of such salary for each of the next 4
3years of service credit, plus 5% of such salary for each year
4of service credit in excess of 12 years, subject to a maximum
5of 80% of such salary. To the extent such elected city officer
6has made additional optional contributions with respect to
7only a portion of his years of service credit, his retirement
8annuity will first be determined in accordance with this
9Section to the extent such additional optional contributions
10were made, and then in accordance with the remaining Sections
11of this Article to the extent of years of service credit with
12respect to which additional optional contributions were not
13made.
14    (d) In lieu of the disability benefits otherwise payable
15under this Article, any city officer elected by vote of the
16people who (1) has elected to participate in the Fund, and (2)
17has become permanently disabled and as a consequence is unable
18to perform the duties of his office, and (3) was making
19optional contributions in accordance with this Section at the
20time the disability was incurred, may elect to receive a
21disability annuity calculated in accordance with the formula
22in subsection (c). For the purposes of this subsection, such
23elected city officer shall be considered permanently disabled
24only if: (i) disability occurs while in service as an elected
25city officer and is of such a nature as to prevent him from
26reasonably performing the duties of his office at the time;

 

 

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1and (ii) the board has received a written certification by at
2least 2 licensed physicians appointed by it stating that such
3officer is disabled and that the disability is likely to be
4permanent.
5    (e) Refunds of additional optional contributions shall be
6made on the same basis and under the same conditions as
7provided under Sections 8-168, 8-170 and 8-171. Interest shall
8be credited at the effective rate on the same basis and under
9the same conditions as for other contributions. Optional
10contributions shall be accounted for in a separate Elected
11City Officer Optional Contribution Reserve. Optional
12contributions under this Section shall be included in the
13amount of employee contributions used to compute the tax levy
14under Section 8-173.
15    (f) The effective date of this plan of optional
16alternative benefits and contributions shall be July 1, 1990,
17or the date upon which approval is received from the U.S.
18Internal Revenue Service, whichever is later.
19    The plan of optional alternative benefits and
20contributions shall not be available to any former city
21officer or employee receiving an annuity from the Fund on the
22effective date of the plan, unless he re-enters service as an
23elected city officer and renders at least 3 years of
24additional service after the date of re-entry. However, a
25person who holds office as a city officer on June 1, 1995 may
26elect to participate in the plan, to transfer credits into the

 

 

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1Fund from other Articles of this Code, and to make the
2contributions required for prior service, until 30 days after
3the effective date of this amendatory Act of the 92nd General
4Assembly, notwithstanding the ending of his term of office
5prior to that effective date; in the event that the person is
6already receiving an annuity from this Fund or any other
7Article of this Code at the time of making this election, the
8annuity shall be recalculated to include any increase
9resulting from participation in the plan, with such increase
10taking effect on the effective date of the election.
11    (g) Notwithstanding any other provision in this Section or
12in this Code to the contrary, any person who first becomes a
13city officer, as defined in this Section, on or after the
14effective date of this amendatory Act of the 100th General
15Assembly, shall not be eligible for the alternative annuity or
16alternative disability benefits as provided in subsections
17(a), (b), (c), and (d) of this Section or for the alternative
18survivor's benefits as provided in Section 8-243.3. Such
19person shall not be eligible, or be required, to make any
20additional contributions beyond those required of other
21participants under Sections 8-137, 8-174, and 8-182. The
22retirement annuity, disability benefits, and survivor's
23benefits for a person who first becomes a city officer on or
24after the effective date of this amendatory Act of the 100th
25General Assembly shall be determined pursuant to the
26provisions 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
3is 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
6the term of office for which he or she is elected, may be
7appointed to, accept, or hold any office other than (i)
8chairman of the county board or member of the regional
9planning commission by appointment or election of the board of
10which he or she is a member, (ii) alderperson alderman of a
11city or member of the board of trustees of a village or
12incorporated town if the city, village, or incorporated town
13has fewer than 1,000 inhabitants and is located in a county
14having fewer than 50,000 inhabitants, or (iii) trustee of a
15forest preserve district created under Section 18.5 of the
16Conservation District Act, unless he or she first resigns from
17the office of county board member or unless the holding of
18another office is authorized by law. Any such prohibited
19appointment or election is void. This Section shall not
20preclude a member of the county board from being appointed or
21selected to serve as (i) a member of a County Extension Board
22as provided in Section 7 of the County Cooperative Extension
23Law, (ii) a member of an Emergency Telephone System Board as
24provided in Section 15.4 of the Emergency Telephone System

 

 

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1Act, (iii) a member of the board of review as provided in
2Section 6-30 of the Property Tax Code, or (iv) a public
3administrator or public guardian as provided in Section 13-1
4of the Probate Act of 1975. Nothing in this Act shall be
5construed to prohibit an elected county official from holding
6elected office in another unit of local government so long as
7there is no contractual relationship between the county and
8the other unit of local government. This amendatory Act of
91995 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
13city, village, or incorporated town with fewer than 2,500
14inhabitants, an alderperson alderman of the city or a member
15of the board of trustees of a village or incorporated town,
16during the term of office for which he or she is elected, may
17also hold the office of member of the board of education,
18regional board of school trustees, board of school directors,
19or 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
23the board of trustees of any village, during the term of office
24for which he or she is elected, may accept, be appointed to, or

 

 

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1hold any office by the appointment of the mayor or president of
2the board of trustees, unless the alderperson alderman or
3board member is granted a leave of absence from such office, or
4unless he or she first resigns from the office of alderperson
5alderman or member of the board of trustees, or unless the
6holding of another office is authorized by law. The
7alderperson alderman or board member may, however, serve as a
8volunteer fireman and receive compensation for that service.
9The alderperson alderman may also serve as a commissioner of
10the Beardstown Regional Flood Prevention District board. Any
11appointment in violation of this Section is void. Nothing in
12this Act shall be construed to prohibit an elected municipal
13official from holding elected office in another unit of local
14government as long as there is no contractual relationship
15between the municipality and the other unit of local
16government. This amendatory Act of 1995 is declarative of
17existing 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
21trustees, supervisor or county commissioner, or other person
22holding any office, either by election or appointment under
23the laws or constitution of this state, who violates any
24provision of the preceding sections, is guilty of a Class 4
25felony and in addition thereto, any office or official

 

 

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1position held by any person so convicted shall become vacant,
2and shall be so declared as part of the judgment of court. This
3Section does not apply to a violation of subsection (b) of
4Section 2a.
5(Source: P.A. 100-868, eff. 1-1-19.)
 
6    Section 20. The Public Officer Simultaneous Tenure Act is
7amended by changing Section 1 and by adding Section 5 as
8follows:
 
9    (50 ILCS 110/1)  (from Ch. 102, par. 4.10)
10    Sec. 1. Legislative findings; purpose). The General
11Assembly finds and declares that questions raised regarding
12the legality of simultaneously holding the office of county
13board member and township supervisor are unwarranted, and in
14counties of less than 100,000 population such questions
15regarding the legality of simultaneously holding the office of
16county board member and township trustee are unwarranted; that
17the General Assembly viewed the office of township supervisor,
18and in counties of less than 100,000 population the office of
19township trustee, and the office of county board member as
20compatible; and that to settle the question of legality and
21avoid confusion among such counties and townships as may be
22affected by such questions it is lawful to hold the office of
23county board member simultaneously with the office of township
24supervisor, and in counties of less than 100,000 population

 

 

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1with the office of township trustee, in accordance with
2Sections 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
6of units of local government. Notwithstanding any other
7provision of law, a unit of local government may not adopt an
8ordinance, referendum, or resolution that requires a member of
9the General Assembly to resign his or her office in order to be
10eligible to seek elected office in the unit of local
11government. Any ordinance, referendum, or resolution that
12contains such a provision is void.
13    A home rule unit may not regulate the eligibility
14requirements for those seeking elected office in the unit of
15local government in a manner inconsistent with this Section.
16This Section is a limitation under subsection (i) of Section 6
17of Article VII of the Illinois Constitution on the concurrent
18exercise by home rule units of powers and functions exercised
19by the State.
20    This Section applies to ordinances, referenda, or
21resolutions adopted on or after November 8, 2016.
 
22    Section 25. The Counties Code is amended by changing
23Sections 2-3001, 2-3002, 2-3003, 2-3004, 3-6002, and 3-14036
24as 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
3the context otherwise requires:
4    a. "District" means a county board district established as
5provided in this Division.
6    b. "County apportionment commission" or "commission" means
7the county clerk, the State's Attorney, the Attorney General
8or his designated representative and the chairmen of the
9county central committees of the first leading political party
10and the second leading political party as defined in Section
111-3 of The Election Code.
12    c. "Population" means the number of inhabitants as
13determined by the last preceding federal decennial census. For
14the reapportionment of 2021, "population" means the number of
15inhabitants as determined by the county board by any
16reasonable method, including, but not limited to, the most
17recent American Community Survey 5-year data.
18    d. "Member" or "board member" means a person elected to
19serve 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
233,000,000 and with township form of government.
24    (a) Reapportionment required. By July 1, 1971, and each 10

 

 

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1years thereafter, the county board of each county having a
2population of less than 3,000,000 inhabitants and the township
3form of government shall reapportion its county so that each
4member of the county board represents the same number of
5inhabitants, except that, for the reapportionment of 2021, the
6county board shall reapportion its county by December 31,
72021. In reapportioning its county, the county board shall
8first determine the size of the county board to be elected,
9which may consist of not less than 5 nor more than 29 members
10and may not exceed the size of the county board in that county
11on October 2, 1969. The county board shall also determine
12whether board members shall be elected at large from the
13county or by county board districts.
14    If the chairman of the county board is to be elected by the
15voters in a county of less than 450,000 population as provided
16in Section 2-3007, such chairman shall not be counted as a
17member of the county board for the purpose of the limitations
18on the size of a county board provided in this Section.
19    (b) Advisory referenda. The voters of a county may advise
20the county board, through an advisory referendum, on questions
21concerning (i) the number of members of the county board to be
22elected, (ii) whether the board members should be elected from
23single-member districts, multi-member districts, or at-large,
24(iii) whether voters will have cumulative voting rights in the
25election of county board members, or (iv) any combination of
26the preceding 3 questions. The advisory referendum may be

 

 

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1initiated either by petition or by ordinance of the county
2board. A written petition for an advisory referendum
3authorized by this Section must contain the signatures of at
4least 8% of the votes cast for candidates for Governor in the
5preceding gubernatorial election by the registered voters of
6the county and must be filed with the appropriate election
7authority. An ordinance initiating an advisory referendum
8authorized by this Section must be approved by a majority of
9the members of the county board and must be filed with the
10appropriate election authority. An advisory referendum
11initiated under this Section shall be placed on the ballot at
12the 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
17elected by districts, it shall develop an apportionment plan
18and specify the number of districts and the number of county
19board members to be elected from each district and whether
20voters will have cumulative voting rights in multi-member
21districts. 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.
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.
7    (2) The county board of each county having a population of
8less than 3,000,000 inhabitants may, if it should so decide,
9provide within that county for single member districts outside
10the corporate limits and multi-member districts within the
11corporate limits of any municipality with a population in
12excess of 75,000. Paragraphs a, b, c and d of subsection (1) of
13this Section shall apply to the apportionment of both single
14and multi-member districts within a county to the extent that
15compliance with paragraphs a, b, c and d still permit the
16establishment of such districts, except that the population of
17any multi-member district shall be equal to the population of
18any single member district, times the number of members found
19within that multi-member district.
20    (3) In a county where the Chairman of the County Board is
21elected by the voters of the county as provided in Section
222-3007, the Chairman of the County Board may develop and
23present to the Board by the third Wednesday in May in the year
24after a federal decennial census year an apportionment plan in
25accordance with the provisions of subsection (1) of this
26Section. If the Chairman presents a plan to the Board by the

 

 

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1third Wednesday in May, the Board shall conduct at least one
2public hearing to receive comments and to discuss the
3apportionment plan, the hearing shall be held at least 6 days
4but not more than 21 days after the Chairman's plan was
5presented to the Board, and the public shall be given notice of
6the hearing at least 6 days in advance. If the Chairman
7presents a plan by the third Wednesday in May, the Board is
8prohibited from enacting an apportionment plan until after a
9hearing on the plan presented by the Chairman. The Chairman
10shall have access to the federal decennial census available to
11the Board.
12    (4) In a county where a County Executive is elected by the
13voters of the county as provided in Section 2-5007 of the
14Counties Code, the County Executive may develop and present to
15the Board by the third Wednesday in May in the year after a
16federal decennial census year an apportionment plan in
17accordance with the provisions of subsection (1) of this
18Section. If the Executive presents a plan to the Board by the
19third Wednesday in May, the Board shall conduct at least one
20public hearing to receive comments and to discuss the
21apportionment plan, the hearing shall be held at least 6 days
22but not more than 21 days after the Executive's plan was
23presented to the Board, and the public shall be given notice of
24the hearing at least 6 days in advance. If the Executive
25presents a plan by the third Wednesday in May, the Board is
26prohibited from enacting an apportionment plan until after a

 

 

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1hearing on the plan presented by the Executive. The Executive
2shall have access to the federal decennial census available to
3the Board.
4    (5) For the reapportionment of 2021, the Chairman of the
5County Board or County Executive may develop and present (or
6redevelop and represent) to the Board by the third Wednesday
7in November in the year after a federal decennial census year
8an apportionment plan and the Board shall conduct its public
9hearing as provided in paragraphs (3) and (4) following
10receipt of the apportionment plan.
11(Source: P.A. 96-1540, eff. 3-7-11; 97-986, eff. 8-17-12.)
 
12    (55 ILCS 5/2-3004)  (from Ch. 34, par. 2-3004)
13    Sec. 2-3004. Failure to complete reapportionment. If any
14county board fails to complete the reapportionment of its
15county by July 1 in 2011 or any 10 years thereafter or by the
16day after the county board's regularly scheduled July meeting
17in 2011 or any 10 years thereafter, or for the reapportionment
18of 2021, by the third Wednesday in November in the year after a
19federal decennial census year, whichever is later, the county
20clerk of that county shall convene the county apportionment
21commission. Three members of the commission shall constitute a
22quorum, but a majority of all the members must vote
23affirmatively on any determination made by the commission. The
24commission shall adopt rules for its procedure.
25    The commission shall develop an apportionment plan for the

 

 

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1county in the manner provided by Section 2-3003, dividing the
2county into the same number of districts as determined by the
3county board. If the county board has failed to determine the
4size of the county board to be elected, then the number of
5districts and the number of members to be elected shall be the
6largest number to which the county is entitled under Section
72-3002.
8    The commission shall submit its apportionment plan by
9October 1 in the year that it is convened, except that the
10circuit court, for good cause shown, may grant an extension of
11time, not exceeding a total of 60 days, within which such a
12plan may be submitted.
13(Source: P.A. 96-1540, eff. 3-7-11.)
 
14    (55 ILCS 5/3-6002)  (from Ch. 34, par. 3-6002)
15    Sec. 3-6002. Commencement of duties. The sheriff shall
16enter upon the duties of his or her office on the first day in
17the month of December 1 following his or her election on which
18the office of the sheriff is required, by statute or by action
19of the county board, to be open.
20(Source: P.A. 86-962.)
 
21    (55 ILCS 5/3-14036)  (from Ch. 34, par. 3-14036)
22    Sec. 3-14036. Payments of political contributions to
23public officers prohibited. No officer or employee in the
24classified civil service of said county, or named in Section

 

 

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13-14022, shall directly or indirectly, give or hand over to
2any officer or employee, or to any senator or representative
3or alderperson alderman, councilman, or commissioner, any
4money or other valuable thing on account of or to be applied to
5the promotion of any party or political object whatever.
6(Source: P.A. 86-976.)
 
7    Section 30. The Township Code is amended by changing
8Section 45-10 as follows:
 
9    (60 ILCS 1/45-10)
10    Sec. 45-10. Political party caucus in township; notice.
11    (a) On the first Tuesday in December preceding the date of
12the regular township election, a caucus shall be held by the
13voters of each established political party in a township to
14nominate its candidates for the various offices to be filled
15at the election. Notice of the caucus shall be given at least
1610 days before it is held by publication in some newspaper
17having a general circulation in the township. Not less than 30
18days before the caucus, the township clerk shall notify the
19chairman or membership of each township central committee by
20first-class mail of the chairman's or membership's obligation
21to report the time and location of the political party's
22caucus. Not less than 20 days before the caucus, each chairman
23of the township central committee shall notify the township
24clerk by first-class mail of the time and location of the

 

 

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1political party's caucus. If the time and location of 2 or more
2political party caucuses conflict, the township clerk shall
3establish, by a fair and impartial public lottery, the time
4and location for each caucus.
5    If the chairperson of the township central committee fails
6to meet within the township or to meet any of the other
7requirements of this Section, the chairperson's political
8party shall not be permitted to nominate a candidate, either
9by caucus as provided for in this Section or as otherwise
10authorized by the Election Code, in the next upcoming
11consolidated election for any office for which a nomination
12could have been made at the caucus should the chairperson of
13the township central committee have met the requirements of
14this Section.
15    (b) Except as provided in this Section, the township board
16shall cause notices of the caucuses to be published. The
17notice shall state the time and place where the caucus for each
18political party will be held. The board shall fix a place
19within the township for holding the caucus for each
20established political party. When a new township has been
21established under Section 10-25, the county board shall cause
22notice of the caucuses to be published as required by this
23Section and shall fix the place within the new township for
24holding the caucuses.
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
2changing Sections 1-1-2, 2-2-9, 3.1-10-5, 3.1-10-30,
33.1-10-50, 3.1-10-51, 3.1-10-60, 3.1-10-65, 3.1-10-75,
43.1-15-5, 3.1-15-15, 3.1-15-25, 3.1-15-30, 3.1-15-35,
53.1-15-40, 3.1-20-10, 3.1-20-15, 3.1-20-20, 3.1-20-22,
63.1-20-25, 3.1-20-30, 3.1-20-35, 3.1-20-40, 3.1-20-45,
73.1-25-70, 3.1-25-75, 3.1-35-35, 3.1-40-5, 3.1-40-10,
83.1-40-15, 3.1-40-25, 3.1-40-30, 3.1-40-35, 3.1-40-40,
93.1-40-50, 3.1-40-55, 3.1-45-5, 3.1-45-15, 3.1-55-5, 4-1-2,
104-10-1, 5-1-4, 5-2-1, 5-2-2, 5-2-3, 5-2-3.1, 5-2-4, 5-2-5,
115-2-7, 5-2-8, 5-2-11, 5-2-12, 5-2-17, 5-2-18, 5-2-18.1,
125-2-18.2, 5-2-18.7, 5-2-19, 5-3-1, 5-3-3, 5-3-4, 5-3-5, 5-3-7,
135-3-8, 5-4-1, 5-4-3, 5-5-1, 5-5-5, 6-3-2, 6-3-3, 6-3-4, 6-3-5,
146-3-6, 6-3-7, 6-3-8, 6-3-9, 6-3-10, 6-4-3, 6-4-4, 6-5-1,
157-1-15, 7-1-39, 7-1-42, 7-2-1, 7-2-19, 7-2-28, 8-9-1, 10-1-30,
1610-3-5, 11-13-1.1, 11-13-10, 11-13-14, 11-13-14.1, 11-80-5,
1711-91-1, and 11-101-2 as follows:
 
18    (65 ILCS 5/1-1-2)  (from Ch. 24, par. 1-1-2)
19    Sec. 1-1-2. Definitions. In this Code:
20    (1) "Municipal" or "municipality" means a city, village,
21or incorporated town in the State of Illinois, but, unless the
22context otherwise provides, "municipal" or "municipality" does
23not include a township, town when used as the equivalent of a
24township, incorporated town that has superseded a civil
25township, county, school district, park district, sanitary

 

 

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1district, or any other similar governmental district. If
2"municipal" or "municipality" is given a different definition
3in any particular Division or Section of this Act, that
4definition shall control in that division or Section only.
5    (2) "Corporate authorities" means (a) the mayor and
6alderpersons aldermen or similar body when the reference is to
7cities, (b) the president and trustees or similar body when
8the reference is to villages or incorporated towns, and (c)
9the council when the reference is to municipalities under the
10commission form of municipal government.
11    (3) "Electors" means persons qualified to vote for
12elective officers at municipal elections.
13    (4) "Person" means any individual, partnership,
14corporation, joint stock association, or the State of Illinois
15or any subdivision of the State; and includes any trustee,
16receiver, assignee, or personal representative of any of those
17entities.
18    (5) Except as otherwise provided by ordinance, "fiscal
19year" in all municipalities with fewer than 500,000
20inhabitants, and "municipal year" in all municipalities, means
21the period elapsing (a) between general municipal elections in
22succeeding calendar years, or (b) if general municipal
23elections are held biennially, then between a general
24municipal election and the same day of the same month of the
25following calendar year, and between that day and the next
26succeeding general municipal election, or (c) if general

 

 

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1municipal elections are held quadrennially, then between a
2general municipal election and the same day of the same month
3of the following calendar year, and between that day and the
4same day of the same month of the next following calendar year,
5and between the last mentioned day and the same day of the same
6month of the next following calendar year, and between the
7last mentioned day and the next succeeding general municipal
8election. The fiscal year of each municipality with 500,000 or
9more inhabitants shall commence on January 1.
10    (6) Where reference is made to a county within which a
11municipality, district, area, or territory is situated, the
12reference is to the county within which is situated the major
13part of the area of that municipality, district, area, or
14territory, in case the municipality, district, area, or
15territory is situated in 2 or more counties.
16    (7) Where reference is made for any purpose to any other
17Act, either specifically or generally, the reference shall be
18to that Act and to all amendments to that Act now in force or
19that may be hereafter enacted.
20    (8) Wherever the words "city council", "alderpersons
21aldermen", "commissioners", or "mayor" occur, the provisions
22containing these words shall apply to the board of trustees,
23trustees, and president, respectively, of villages and
24incorporated towns and councilmen in cities, so far as those
25provisions are applicable to them.
26    (9) The terms "special charter" and "special Act" are

 

 

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1synonymous.
2    (10) "General municipal election" means the biennial
3regularly scheduled election for the election of officers of
4cities, villages, and incorporated towns, as prescribed by the
5general election law; in the case of municipalities that elect
6officers annually, "general municipal election" means each
7regularly scheduled election for the election of officers of
8cities, villages, and incorporated towns.
9(Source: P.A. 87-1119.)
 
10    (65 ILCS 5/2-2-9)  (from Ch. 24, par. 2-2-9)
11    Sec. 2-2-9. The election for city officers in any
12incorporated town or village which has voted to incorporate as
13a city shall be held at the time of the next regularly
14scheduled election for officers, in accordance with the
15general election law. The corporate authorities of such
16incorporated town or village shall cause the result to be
17entered upon the records of the city. Alderpersons Aldermen
18may be elected on a general ticket at the election.
19(Source: P.A. 81-1490.)
 
20    (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
21    Sec. 3.1-10-5. Qualifications; elective office.
22    (a) A person is not eligible for an elective municipal
23office unless that person is a qualified elector of the
24municipality and has resided in the municipality at least one

 

 

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1year next preceding the election or appointment, except as
2provided in Section 3.1-20-25, subsection (b) of Section
33.1-25-75, Section 5-2-2, or Section 5-2-11.
4    (b) A person is not eligible to take the oath of office for
5a municipal office if that person is, at the time required for
6taking the oath of office, in arrears in the payment of a tax
7or other indebtedness due to the municipality or has been
8convicted in any court located in the United States of any
9infamous crime, bribery, perjury, or other felony, unless such
10person is again restored to his or her rights of citizenship
11that may have been forfeited under Illinois law as a result of
12a conviction, which includes eligibility to hold elected
13municipal office, by the terms of a pardon for the offense, has
14received a restoration of rights by the Governor, or otherwise
15according to law. Any time after a judgment of conviction is
16rendered, a person convicted of an infamous crime, bribery,
17perjury, or other felony may petition the Governor for a
18restoration of rights.
19    The changes made to this subsection by this amendatory Act
20of the 102nd General Assembly are declarative of existing law
21and apply to all persons elected at the April 4, 2017
22consolidated election and to persons elected or appointed
23thereafter.
24    (b-5) (Blank).
25    (c) A person is not eligible for the office of alderperson
26alderman of a ward unless that person has resided in the ward

 

 

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1that the person seeks to represent, and a person is not
2eligible for the office of trustee of a district unless that
3person has resided in the municipality, at least one year next
4preceding the election or appointment, except as provided in
5Section 3.1-20-25, subsection (b) of Section 3.1-25-75,
6Section 5-2-2, or Section 5-2-11.
7    (d) If a person (i) is a resident of a municipality
8immediately prior to the active duty military service of that
9person or that person's spouse, (ii) resides anywhere outside
10of the municipality during that active duty military service,
11and (iii) immediately upon completion of that active duty
12military service is again a resident of the municipality, then
13the time during which the person resides outside the
14municipality during the active duty military service is deemed
15to be time during which the person is a resident of the
16municipality for purposes of determining the residency
17requirement under subsection (a).
18(Source: P.A. 98-115, eff. 7-29-13; 99-449, eff. 8-24-15.)
 
19    (65 ILCS 5/3.1-10-30)  (from Ch. 24, par. 3.1-10-30)
20    Sec. 3.1-10-30. Bond. Before entering upon the duties of
21their respective offices, all municipal officers, except
22alderpersons aldermen and trustees, shall execute a bond with
23security, to be approved by the corporate authorities. The
24bond shall be payable to the municipality in the penal sum
25directed by resolution or ordinance, conditioned upon the

 

 

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1faithful performance of the duties of the office and the
2payment of all money received by the officer, according to law
3and the ordinances of that municipality. The bond may provide
4that the obligation of the sureties shall not extend to any
5loss sustained by the insolvency, failure, or closing of any
6bank or savings and loan association organized and operating
7either under the laws of the State of Illinois or the United
8States in which the officer has placed funds in the officer's
9custody, if the bank or savings and loan association has been
10approved by the corporate authorities as a depository for
11those funds. In no case, however, shall the mayor's bond be
12fixed at less than $3,000. The treasurer's bond shall be an
13amount of money that is not less than 3 times the latest
14Federal census population or any subsequent census figure used
15for Motor Fuel Tax purposes. Bonds shall be filed with the
16municipal clerk, except the bond of the clerk, which shall be
17filed 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
21becomes vacant in municipality with population under 500,000.
22    (a) Vacancy by resignation. A resignation is not effective
23unless it is in writing, signed by the person holding the
24elective 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
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
10office by reason of the death of the incumbent. The date of the
11death may be established by the date shown on the death
12certificate. A vacancy occurs in an office by permanent
13physical or mental disability rendering the person incapable
14of performing the duties of the office. The corporate
15authorities have the authority to make the determination
16whether an officer is incapable of performing the duties of
17the office because of a permanent physical or mental
18disability. A finding of mental disability shall not be made
19prior to the appointment by a court of a guardian ad litem for
20the officer or until a duly licensed doctor certifies, in
21writing, that the officer is mentally impaired to the extent
22that the officer is unable to effectively perform the duties
23of the office. If the corporate authorities find that an
24officer is incapable of performing the duties of the office
25due to permanent physical or mental disability, that person is
26removed from the office and the vacancy of the office occurs on

 

 

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1the 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
10election of an acting mayor or acting president pursuant to
11subsection (f) or (g) does not create a vacancy in the original
12office of the person on the city council or as a trustee, as
13the case may be, unless the person resigns from the original
14office following election as acting mayor or acting president.
15If the person resigns from the original office following
16election as acting mayor or acting president, then the
17original office must be filled pursuant to the terms of this
18Section and the acting mayor or acting president shall
19exercise the powers of the mayor or president and shall vote
20and have veto power in the manner provided by law for a mayor
21or president. If the person does not resign from the original
22office following election as acting mayor or acting president,
23then the acting mayor or acting president shall exercise the
24powers of the mayor or president but shall be entitled to vote
25only in the manner provided for as the holder of the original
26office and shall not have the power to veto. If the person does

 

 

10200SB0825ham002- 197 -LRB102 04623 SMS 27430 a

1not resign from the original office following election as
2acting mayor or acting president, and if that person's
3original term of office has not expired when a mayor or
4president is elected and has qualified for office, the acting
5mayor or acting-president shall return to the original office
6for the remainder of the term thereof.
7    (e) Appointment to fill alderperson alderman or trustee
8vacancy. An appointment by the mayor or president or acting
9mayor or acting president, as the case may be, of a qualified
10person as described in Section 3.1-10-5 of this Code to fill a
11vacancy in the office of alderperson alderman or trustee must
12be made within 60 days after the vacancy occurs. Once the
13appointment of the qualified person has been forwarded to the
14corporate authorities, the corporate authorities shall act
15upon the appointment within 30 days. If the appointment fails
16to receive the advice and consent of the corporate authorities
17within 30 days, the mayor or president or acting mayor or
18acting president shall appoint and forward to the corporate
19authorities a second qualified person as described in Section
203.1-10-5. Once the appointment of the second qualified person
21has been forwarded to the corporate authorities, the corporate
22authorities shall act upon the appointment within 30 days. If
23the appointment of the second qualified person also fails to
24receive the advice and consent of the corporate authorities,
25then the mayor or president or acting mayor or acting
26president, without the advice and consent of the corporate

 

 

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1authorities, may make a temporary appointment from those
2persons who were appointed but whose appointments failed to
3receive the advice and consent of the corporate authorities.
4The person receiving the temporary appointment shall serve
5until an appointment has received the advice and consent and
6the appointee has qualified or until a person has been elected
7and has qualified, whichever first occurs.
8    (f) Election to fill vacancies in municipal offices with
94-year terms. If a vacancy occurs in an elective municipal
10office with a 4-year term and there remains an unexpired
11portion of the term of at least 28 months, and the vacancy
12occurs at least 130 days before the general municipal election
13next scheduled under the general election law, then the
14vacancy shall be filled for the remainder of the term at that
15general municipal election. Whenever an election is held for
16this purpose, the municipal clerk shall certify the office to
17be filled and the candidates for the office to the proper
18election authorities as provided in the general election law.
19If a vacancy occurs with less than 28 months remaining in the
20unexpired portion of the term or less than 130 days before the
21general 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
2the case of an elective municipal office with a 2-year term, if
3the vacancy occurs at least 130 days before the general
4municipal election next scheduled under the general election
5law, the vacancy shall be filled for the remainder of the term
6at that general municipal election. If the vacancy occurs less
7than 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
14being declared void pursuant to paragraph (3) of subsection
15(c), persons holding elective office prior thereto shall hold
16office until their successors are elected and qualified or
17appointed and confirmed by advice and consent, as the case may
18be.
19    (i) This Section applies only to municipalities with
20populations 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
24population of 500,000 or more.
25    (a) Events upon which an elective office in a municipality

 

 

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1of 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
4with a 4-year term and there remains an unexpired portion of
5the term of at least 28 months, and the vacancy occurs at least
6130 days before the general municipal election next scheduled
7under the general election law, then the vacancy shall be
8filled for the remainder of the term at that general municipal
9election. Whenever an election is held for this purpose, the
10municipal clerk shall certify the office to be filled and the
11candidates for the office to the proper election authorities
12as provided in the general election law. If the vacancy is in
13the office of mayor, the city council shall elect one of their
14members acting mayor. The acting mayor shall perform the
15duties and possess all the rights and powers of the mayor until
16a successor to fill the vacancy has been elected and has
17qualified. If the vacancy is in any other elective municipal
18office, then until the office is filled by election, the mayor
19shall appoint a qualified person to the office subject to the
20advice and consent of the city council.
21    (c) If a vacancy occurs later than the time provided in
22subsection (b) in a 4-year term, a vacancy in the office of
23mayor shall be filled by the corporate authorities electing
24one of their members acting mayor. The acting mayor shall
25perform the duties and possess all the rights and powers of the
26mayor until a mayor is elected at the next general municipal

 

 

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1election and has qualified. A vacancy occurring later than the
2time provided in subsection (b) in a 4-year term in any
3elective office other than mayor shall be filled by
4appointment by the mayor, with the advice and consent of the
5corporate authorities.
6    (d) A municipal officer appointed or elected under this
7Section shall hold office until the officer's successor is
8elected and has qualified.
9    (e) An appointment to fill a vacancy in the office of
10alderperson alderman shall be made within 60 days after the
11vacancy occurs. The requirement that an appointment be made
12within 60 days is an exclusive power and function of the State
13and is a denial and limitation under Article VII, Section 6,
14subsection (h) of the Illinois Constitution of the power of a
15home rule municipality to require that an appointment be made
16within a different period after the vacancy occurs.
17    (f) This Section applies only to municipalities with a
18population 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
22municipality has no mayor or president, no clerk, and no
23alderpersons aldermen or trustees, the circuit court may, upon
24petition signed by at least 100 electors or 10% of the electors
25of the municipality, whichever is less, make interim

 

 

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1appointments to fill all vacancies in the elective offices of
2the municipality from among persons whose names are submitted
3by the petition or petitions. The interim appointees shall
4serve until the next regularly scheduled election under the
5general election law occurring not less than 120 days after
6all 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,
11a proposition to reduce the terms of the elective officers of
12the municipality from 4 years to 2 years may be submitted,
13within the discretion of the corporate authorities, to the
14electors of the municipality. The proposition shall also be
15submitted if a petition requesting that action is signed by
16electors of the municipality numbering not less than 10% of
17the total vote cast at the last election for mayor or president
18of the municipality and the petition is filed with the
19municipal clerk and certified in accordance with the general
20election law. The proposition shall be substantially in the
21following 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
25proposition vote against it, the terms of the officers shall

 

 

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1remain 4 years. If, however, a majority of those voting on the
2proposition vote in favor of it, the officers elected at the
3next regular election for officers in the municipality shall
4hold their offices for a term of 2 years and until their
5successors are elected and have qualified, except in the case
6of trustees and alderpersons aldermen. In the case of
7alderpersons aldermen and trustees: (i) at the first election
8of alderpersons aldermen or trustees that occurs in an odd
9numbered year following the vote to reduce the length of
10terms, successors to alderpersons aldermen or trustees whose
11terms expire in that year shall be elected for a term of one
12year and until their successors are elected and have qualified
13and (ii) thereafter, one-half of the alderpersons aldermen or
14trustees shall be elected each year for terms of 2 years and
15until 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
20that, under Section 3.1-10-65, has voted to shorten the terms
21of elective officers, a proposition to lengthen the terms of
22the elective officers of the municipality from 2 years to 4
23years may be submitted, within the discretion of the corporate
24authorities, to the electors of the municipality. The
25proposition shall be certified by the municipal clerk to the

 

 

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1appropriate election authorities, who shall submit the
2proposition at an election in accordance with the general
3election law. The proposition shall also be submitted at an
4election if a petition requesting that action is signed by
5electors of the municipality numbering not less than 10% of
6the total vote cast at the last election for mayor or president
7of the municipality and the petition is filed with the
8municipal clerk. The proposition shall be substantially in the
9following 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
13proposition vote against it, the terms of the officers shall
14remain 2 years. If, however, a majority of those voting on the
15proposition vote in favor of it, the officers elected at the
16next regular election for officers in the municipality shall
17hold their offices for a term of 4 years and until their
18successors are elected and have qualified, except in the case
19of trustees and alderpersons aldermen. In the case of
20alderpersons aldermen and trustees: (i) if the first election
21for alderpersons aldermen or trustees, after approval of the
22proposition, occurs in an even numbered year, the alderpersons
23aldermen or trustees elected in that even numbered year shall
24serve for terms of 3 years and until their successors are
25elected and have qualified, the terms for successors to those
26elected at the first even numbered year election shall be 4

 

 

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1years and until successors are elected and have qualified, the
2alderpersons aldermen or trustees elected at the first odd
3numbered year election next following the first even numbered
4year election shall serve for terms of 4 years and until
5successors are elected and have qualified, and successors
6elected after the first odd numbered year shall also serve 4
7year terms and until their successors are elected and have
8qualified and (ii) if the first election for alderpersons
9aldermen or trustees, after approval of the proposition,
10occurs in an odd numbered year, the alderpersons aldermen or
11trustees elected in that odd numbered year shall serve for
12terms of 4 years and until their successors are elected and
13have qualified, the terms for successors to those elected at
14the first odd numbered year election shall be for 4 years and
15until successors are elected and have qualified, the
16alderpersons aldermen or trustees elected at the first even
17numbered year election next following the first odd numbered
18year election shall serve for terms of one year and until their
19successors are elected and have qualified, and the terms for
20successors to those elected at the first odd numbered year
21election shall be 4 years and until their successors are
22elected 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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1incorporated under this Code there shall be elected a mayor,
2alderpersons aldermen, a city clerk, and a city treasurer
3(except in the case of a city of 10,000 or fewer inhabitants
4that, by ordinance, allows for the appointment of a city
5treasurer by the mayor, subject to the advice and consent of
6the city council). In all villages and incorporated towns,
7there shall be elected a president, trustees, and a clerk,
8except 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,
12alderperson alderman, trustee, clerk, or treasurer shall not
13hold any other office under the municipal government during
14the term of that office, except when the officer is granted a
15leave of absence from that office or except as otherwise
16provided in Sections 3.1-10-50, 3.1-35-135, and 8-2-9.1.
17Moreover, an officer may serve as a volunteer fireman and
18receive 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
22warrants.
23    (a) After receiving a certificate attesting to the
24successful completion of a training course administered by the

 

 

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1Illinois Law Enforcement Training Standards Board, the mayor,
2alderpersons aldermen, president, trustees, marshal, deputy
3marshals, and policemen in municipalities shall be
4conservators of the peace. Those persons and others authorized
5by ordinance shall have power (i) to arrest or cause to be
6arrested, with or without process, all persons who break the
7peace or are found violating any municipal ordinance or any
8criminal law of the State, (ii) to commit arrested persons for
9examination, (iii) if necessary, to detain arrested persons in
10custody over night or Sunday in any safe place or until they
11can be brought before the proper court, and (iv) to exercise
12all other powers as conservators of the peace prescribed by
13the corporate authorities.
14    (b) All warrants for the violation of municipal ordinances
15or the State criminal law, directed to any person, may be
16served and executed within the limits of a municipality by any
17policeman or marshal of the municipality. For that purpose,
18policemen and marshals have all the common law and statutory
19powers 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
24this Code is submitted for adoption to the electors of any
25territory, village, incorporated town, or city under special

 

 

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1charter, there may be submitted at the same time for adoption
2or rejection the question of minority representation in the
3city 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
7election are for minority representation in the city council,
8the members of the city council, except as otherwise provided,
9thereafter shall be elected as provided in Section 3.1-15-35.
10    (c) The city council, at least 30 days before the first day
11fixed by law for the filing of candidate petitions for the next
12general municipal election, shall apportion the city by
13dividing its population, as ascertained by an official
14publication of any national, state, school, or city census, by
15any number not less than 2 nor more than 6. The quotient shall
16be the ratio of representation in the city council. Districts
17shall be formed of contiguous and compact territory and
18contain, as near as practicable, an equal number of
19inhabitants.
20    (d) If a majority of the votes cast on the question at any
21election are against minority representation in the city
22council, the members of the city council shall be elected as
23otherwise provided in this Code.
24    (e) At any time after the incorporation of a city under
25this Code, on petition of electors equal in number to
26one-eighth the number of legal votes cast at the next

 

 

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1preceding general municipal election, the city clerk shall
2certify the question of the adoption or retention of minority
3representation to the proper election authority for submission
4to the electors of that city. The proposition shall be in the
5same form as provided in this Section, except that the word
6"retained" shall be substituted for the word "adopted" when
7appropriate. A question of minority representation, however,
8shall not be submitted more than once within 32 months.
9    (f) If the city council of any city adopting minority
10representation as provided in this Section has not fixed a
11ratio of representation and formed the districts by the time
12specified in this Section, those acts may be done by any later
13city council. All official acts done and ordinances passed by
14a city council elected at large by the electors of a city that
15has adopted a minority representation plan shall be as valid
16and binding as if the alderpersons aldermen had been elected
17from 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
21representation plan. Every district under a minority
22representation plan shall be entitled to 3 alderpersons
23aldermen. Alderpersons Aldermen shall hold their offices for 4
24years and until their successors have been elected and
25qualified, except in cities that have adopted a 2 year term

 

 

10200SB0825ham002- 217 -LRB102 04623 SMS 27430 a

1under Section 3.1-10-65. There shall be elected in each
2district as many alderpersons aldermen as the district is
3entitled to. In all of these elections for alderpersons
4aldermen, each elector may cast as many votes as there are
5alderpersons aldermen to be elected in the elector's district,
6or may distribute his or her votes, or equal parts of the
7votes, among the candidates as the elector sees fit. The
8candidate highest in votes is elected if only one alderperson
9alderman is elected; the candidates highest and next highest
10in votes are elected if only 2 alderpersons