SB0825 EnrolledLRB102 04623 SMS 14642 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 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
17the effective date of this amendatory Act of the 102nd General
18Assembly. The integrity of election authorities' websites and
19electronic mail addresses shall be protected using electronic
20mail security products provided by the Illinois Department of
21Innovation and Technology or a third-party vendor.
22    (b) Each election authority shall perform an
23organizational risk assessment through the Cyber Navigator

 

 

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1Program on a biennial basis.
2    (c) Each election authority shall begin performing monthly
3vulnerability scans to defend against cyber breaches within 6
4months after the effective date of this amendatory Act of the
5102nd General Assembly.
6    (d) Each election authority shall begin using endpoint
7detection and response security tools on all computers
8utilized by employees within one year of the effective date of
9this amendatory Act of the 102nd General Assembly.
 
10    (10 ILCS 5/1A-60 new)
11    Sec. 1A-60. High school voter registration.
12    (a) The State Board of Elections shall prepare a one page
13document explaining the process to register to vote to be
14disseminated to high school age students. Every high school
15must provide students with that document, which may be
16disseminated electronically.
17    (b) No high school may prohibit nonpartisan voter
18registration activities on its premises. A high school may
19adopt reasonable regulations restricting nonpartisan voter
20registration activities.
 
21    (10 ILCS 5/1A-65 new)
22    Sec. 1A-65. Election authority guidance. 90 days before
23any election, the State Board of Elections shall provide
24written guidance to election authorities on: (1) ballot

 

 

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1tracking procedures and the proper terminology to be used as
2part of those procedures; and (2) summarizing requirements for
3voting, curbside voting, early voting, and vote by mail.
 
4    (10 ILCS 5/2A-1.1)  (from Ch. 46, par. 2A-1.1)
5    Sec. 2A-1.1. All Elections - Consolidated Schedule.
6    (a) Except as otherwise provided in this Code, in In
7even-numbered years, the general election shall be held on the
8first Tuesday after the first Monday of November; and an
9election to be known as the general primary election shall be
10held on the third Tuesday in March;
11    (b) In odd-numbered years, an election to be known as the
12consolidated election shall be held on the first Tuesday in
13April except as provided in Section 2A-1.1a of this Act; and an
14election to be known as the consolidated primary election
15shall be held on the last Tuesday in February.
16(Source: P.A. 95-6, eff. 6-20-07; 96-886, eff. 1-1-11.)
 
17    (10 ILCS 5/2A-1.1b new)
18    Sec. 2A-1.1b. 2022 general primary election and general
19election dates.
20    (a) In addition to the provisions of this Code and
21notwithstanding any other law to the contrary, the provisions
22in this Section shall govern the dates for the conduct of the
232022 general primary election and for preparing for the 2022
24general election. The provisions of this Code shall control

 

 

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1any aspect of the administration or conduct of the 2022
2general primary election and 2022 general election that is not
3provided for in this Section, provided that in the event of
4conflict between this Section and any other provision of this
5Code or any other law, the provisions of this Section shall
6control. The provisions of this Section shall apply to all
7election authorities, including, but not limited to, those
8under the jurisdiction of a Board of Election Commissioners.
9The provisions of this Section shall apply for the dates for
10the 2022 general primary election and the 2022 general
11election only and the provisions of this amendatory Act of the
12102nd General Assembly shall be in effect through December 31,
132022.
14    (b) Petitions for nomination for the general primary
15election may begin circulation on January 13, 2022. All
16petitions for nomination of an established party candidate for
17statewide office shall be signed by at least 3,250 but not more
18than 6,500 of the qualified primary electors of the
19candidate's party. All petitions for nomination of an
20established party candidate for the office of Representative
21in the General Assembly shall be signed by at least 400 but not
22more than 1,000 of the qualified primary electors of the
23candidate's party in the candidate's representative district.
24All petitions for nomination of an established party candidate
25for the office of State Senator shall be signed by at least 650
26but not more than 2,000 of the qualified primary electors of

 

 

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1the candidate's party in the candidate's legislative district.
2The signature requirement for an established party candidate
3for all other offices shall be reduced by one-third and any
4provision of this Code limiting the maximum number of
5signatures that may be submitted for those offices shall be
6reduced by one-third.
7    (c) Petitions for nomination for congressional, or
8judicial office, or for any office a nomination for which is
9made for a territorial division or district which comprises
10more than one county or is partly in one county and partly in
11another county or counties (including the Fox Metro Water
12Reclamation District) for the general primary election may be
13filed in the principal office of the State Board of Elections
14beginning on March 7, 2022 but no later than March 14, 2022; a
15petition for nomination to fill a vacancy by special election
16in the office of representative in Congress from this State
17(for vacancies occurring between February 21, 2022 and March
1814, 2022) for the general primary election may be filed in the
19principal office of the State Board of Elections beginning
20March 28, 2022 but no later than April 4, 2022.
21    (d) Objections to certificates of nomination and
22nomination papers and petitions to submit public questions to
23a referendum for the general primary election shall be filed
24no later than March 21, 2022.
25    (e) Electors may request vote by mail ballots for the
26general primary election beginning on March 30, 2022 but no

 

 

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1later than June 23, 2022.
2    (f) Petitions for nomination for independent candidates
3and new political party candidates for the general election
4may begin circulation on April 13, 2022.
5    (g) The State Board of Elections shall certify the names
6of candidates who filed nomination papers or certificates of
7nomination for the general primary election with the Board no
8later than April 21, 2022.
9    (h) A notarized declaration of intent to be a write-in
10candidate for the general primary election shall be filed with
11the proper election authority or authorities no later than
12April 28, 2022.
13    (i) Each election authority shall mail ballots to each
14person who has filed an application for a ballot for the
15general primary election under Article 20 no later than May
1614, 2022, and any application received after May 12, 2022
17shall be mailed within 2 business days after receipt of the
18application.
19    (j) The period for early voting by personal appearance for
20the general primary election shall begin on May 19, 2022.
21    (k) The general primary election shall be held on June 28,
222022.
23    (l) The last day for an established party managing
24committee to appoint someone to fill a vacancy for the general
25election when no candidate was nominated at the general
26primary election and for the appointee to file the required

 

 

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1documentation is August 13, 2022.
2    (m) Certificates of nomination and nomination papers for
3the nomination of new political parties and independent
4candidates for offices to be filled by electors of the entire
5State, or any district not entirely within a county, or for
6congressional, State legislative or judicial offices shall be
7presented to the principal office of the State Board of
8Elections beginning July 5, 2022 but no later than July 11,
92022.
10    (n) Objections to certificates of nomination and
11nomination papers for new political parties and independent
12candidates for the general election shall be filed no later
13than July 18, 2022.
14    (o) A person for whom a petition for nomination has been
15filed for the general election may withdraw his or her
16petition with the appropriate election authority no later than
17August 13, 2022.
18    (p) The State Board of Elections shall certify to the
19county clerks the names of each of the candidates to appear on
20the ballot for the general election no later than September 6,
212022.
22    (q) This Section is repealed on January 1, 2023.
 
23    (10 ILCS 5/2A-1.1c new)
24    Sec. 2A-1.1c. 2022 Election Day State holiday.
25Notwithstanding any other provision of State law to the

 

 

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1contrary, November 8, 2022 shall be a State holiday known as
22022 General Election Day and shall be observed throughout the
3State. November 8, 2022 shall be deemed a legal school holiday
4for purposes of the School Code and State Universities Civil
5Service Act. Any school closed under this amendatory Act of
6the 102nd General Assembly and Section 24-2 of the School Code
7shall be made available to an election authority as a polling
8place for 2022 General Election Day.
9    This Section is repealed on January 1, 2023.
 
10    (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
11    Sec. 2A-1.2. Consolidated schedule of elections; offices
12elections - offices designated.
13    (a) At the general election in the appropriate
14even-numbered years, the following offices shall be filled or
15shall be on the ballot as otherwise required by this Code:
16        (1) Elector of President and Vice President of the
17    United States;
18        (2) United States Senator and United States
19    Representative;
20        (3) State Executive Branch elected officers;
21        (4) State Senator and State Representative;
22        (5) County elected officers, including State's
23    Attorney, County Board member, County Commissioners, and
24    elected President of the County Board or County Chief
25    Executive;

 

 

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1        (6) Circuit Court Clerk;
2        (7) Regional Superintendent of Schools, except in
3    counties or educational service regions in which that
4    office has been abolished;
5        (8) Judges of the Supreme, Appellate and Circuit
6    Courts, on the question of retention, to fill vacancies
7    and newly created judicial offices;
8        (9) (Blank);
9        (10) Trustee of the Metropolitan Water Reclamation
10    Sanitary District of Greater Chicago, and elected Trustee
11    of other Sanitary Districts;
12        (11) Special District elected officers, not otherwise
13    designated in this Section, where the statute creating or
14    authorizing the creation of the district requires an
15    annual election and permits or requires election of
16    candidates of political parties.
17    (b) At the general primary election:
18        (1) in each even-numbered year candidates of political
19    parties shall be nominated for those offices to be filled
20    at the general election in that year, except where
21    pursuant to law nomination of candidates of political
22    parties is made by caucus.
23        (2) in the appropriate even-numbered years the
24    political party offices of State central committeeperson,
25    township committeeperson, ward committeeperson, and
26    precinct committeeperson shall be filled and delegates and

 

 

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1    alternate delegates to the National nominating conventions
2    shall be elected as may be required pursuant to this Code.
3    In the even-numbered years in which a Presidential
4    election is to be held, candidates in the Presidential
5    preference primary shall also be on the ballot.
6        (3) in each even-numbered year, where the municipality
7    has provided for annual elections to elect municipal
8    officers pursuant to Section 6(f) or Section 7 of Article
9    VII of the Constitution, pursuant to the Illinois
10    Municipal Code or pursuant to the municipal charter, the
11    offices of such municipal officers shall be filled at an
12    election held on the date of the general primary election,
13    provided that the municipal election shall be a
14    nonpartisan election where required by the Illinois
15    Municipal Code. For partisan municipal elections in
16    even-numbered years, a primary to nominate candidates for
17    municipal office to be elected at the general primary
18    election shall be held on the Tuesday 6 weeks preceding
19    that election.
20        (4) in each school district which has adopted the
21    provisions of Article 33 of the School Code, successors to
22    the members of the board of education whose terms expire
23    in the year in which the general primary is held shall be
24    elected.
25    (c) At the consolidated election in the appropriate
26odd-numbered years, the following offices shall be filled:

 

 

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1        (1) Municipal officers, provided that in
2    municipalities in which candidates for alderperson
3    alderman or other municipal office are not permitted by
4    law to be candidates of political parties, the runoff
5    election where required by law, or the nonpartisan
6    election where required by law, shall be held on the date
7    of the consolidated election; and provided further, in the
8    case of municipal officers provided for by an ordinance
9    providing the form of government of the municipality
10    pursuant to Section 7 of Article VII of the Constitution,
11    such offices shall be filled by election or by runoff
12    election as may be provided by such ordinance;
13        (2) Village and incorporated town library directors;
14        (3) City boards of stadium commissioners;
15        (4) Commissioners of park districts;
16        (5) Trustees of public library districts;
17        (6) Special District elected officers, not otherwise
18    designated in this Section, where the statute creating or
19    authorizing the creation of the district permits or
20    requires election of candidates of political parties;
21        (7) Township officers, including township park
22    commissioners, township library directors, and boards of
23    managers of community buildings, and Multi-Township
24    Assessors;
25        (8) Highway commissioners and road district clerks;
26        (9) Members of school boards in school districts which

 

 

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1    adopt Article 33 of the School Code;
2        (10) The directors and chair of the Chain O Lakes - Fox
3    River Waterway Management Agency;
4        (11) Forest preserve district commissioners elected
5    under Section 3.5 of the Downstate Forest Preserve
6    District Act;
7        (12) Elected members of school boards, school
8    trustees, directors of boards of school directors,
9    trustees of county boards of school trustees (except in
10    counties or educational service regions having a
11    population of 2,000,000 or more inhabitants) and members
12    of boards of school inspectors, except school boards in
13    school districts that adopt Article 33 of the School Code;
14        (13) Members of Community College district boards;
15        (14) Trustees of Fire Protection Districts;
16        (15) Commissioners of the Springfield Metropolitan
17    Exposition and Auditorium Authority;
18        (16) Elected Trustees of Tuberculosis Sanitarium
19    Districts;
20        (17) Elected Officers of special districts not
21    otherwise designated in this Section for which the law
22    governing those districts does not permit candidates of
23    political parties.
24    (d) At the consolidated primary election in each
25odd-numbered year, candidates of political parties shall be
26nominated for those offices to be filled at the consolidated

 

 

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1election in that year, except where pursuant to law nomination
2of candidates of political parties is made by caucus, and
3except those offices listed in paragraphs (12) through (17) of
4subsection (c).
5    At the consolidated primary election in the appropriate
6odd-numbered years, the mayor, clerk, treasurer, and
7alderpersons aldermen shall be elected in municipalities in
8which candidates for mayor, clerk, treasurer, or alderperson
9alderman are not permitted by law to be candidates of
10political parties, subject to runoff elections to be held at
11the consolidated election as may be required by law, and
12municipal officers shall be nominated in a nonpartisan
13election in municipalities in which pursuant to law candidates
14for such office are not permitted to be candidates of
15political parties.
16    At the consolidated primary election in the appropriate
17odd-numbered years, municipal officers shall be nominated or
18elected, or elected subject to a runoff, as may be provided by
19an ordinance providing a form of government of the
20municipality pursuant to Section 7 of Article VII of the
21Constitution.
22    (e) (Blank).
23    (f) At any election established in Section 2A-1.1, public
24questions may be submitted to voters pursuant to this Code and
25any special election otherwise required or authorized by law
26or by court order may be conducted pursuant to this Code.

 

 

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1    Notwithstanding the regular dates for election of officers
2established in this Article, whenever a referendum is held for
3the establishment of a political subdivision whose officers
4are to be elected, the initial officers shall be elected at the
5election at which such referendum is held if otherwise so
6provided by law. In such cases, the election of the initial
7officers shall be subject to the referendum.
8    Notwithstanding the regular dates for election of
9officials established in this Article, any community college
10district which becomes effective by operation of law pursuant
11to Section 6-6.1 of the Public Community College Act, as now or
12hereafter amended, shall elect the initial district board
13members at the next regularly scheduled election following the
14effective date of the new district.
15    (g) At any election established in Section 2A-1.1, if in
16any precinct there are no offices or public questions required
17to be on the ballot under this Code then no election shall be
18held in the precinct on that date.
19    (h) There may be conducted a referendum in accordance with
20the provisions of Division 6-4 of the Counties Code.
21(Source: P.A. 100-1027, eff. 1-1-19; revised 12-14-20.)
 
22    (10 ILCS 5/2A-26)  (from Ch. 46, par. 2A-26)
23    Sec. 2A-26. Chicago Alderpersons Aldermen. Alderpersons
24Aldermen of the City of Chicago shall be elected at the
25consolidated primary election in 1979 and at the consolidated

 

 

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1primary election every 4 years thereafter. The runoff election
2where necessary, pursuant to law, for Chicago alderpersons
3aldermen shall be held at the consolidated election in 1979,
4and every 4 years thereafter.
5(Source: P.A. 80-936.)
 
6    (10 ILCS 5/2A-28)  (from Ch. 46, par. 2A-28)
7    Sec. 2A-28. Cities Generally - Alderpersons Aldermen -
8Time of Election. An alderperson alderman of a city other than
9the City of Chicago shall be elected at the consolidated or
10general primary election in each year to succeed each
11incumbent alderperson alderman whose term ends before the
12following consolidated or general election.
13(Source: P.A. 81-1433.)
 
14    (10 ILCS 5/7-4)  (from Ch. 46, par. 7-4)
15    Sec. 7-4. The following words and phrases in this Article
167 shall, unless the same be inconsistent with the context, be
17construed as follows:
18    1. The word "primary" the primary elections provided for
19in this Article, which are the general primary, the
20consolidated primary, and for those municipalities which have
21annual partisan elections for any officer, the municipal
22primary held 6 weeks prior to the general primary election
23date in even numbered years.
24    2. The definition of terms in Section 1-3 of this Act shall

 

 

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1apply to this Article.
2    3. The word "precinct" a voting district heretofore or
3hereafter established by law within which all qualified
4electors vote at one polling place.
5    4. The words "state office" or "state officer", an office
6to be filled, or an officer to be voted for, by qualified
7electors of the entire state, including United States Senator
8and Congressperson Congressman at large.
9    5. The words "congressional office" or "congressional
10officer", representatives in Congress.
11    6. The words "county office" or "county officer," include
12an office to be filled or an officer to be voted for, by the
13qualified electors of the entire county. "County office" or
14"county officer" also include the assessor and board of
15appeals and county commissioners and president of county board
16of Cook County, and county board members and the chair of the
17county board in counties subject to "An Act relating to the
18composition and election of county boards in certain
19counties", enacted by the 76th General Assembly.
20    7. The words "city office" and "village office," and
21"incorporated town office" or "city officer" and "village
22officer", and "incorporated town officer" an office to be
23filled or an officer to be voted for by the qualified electors
24of the entire municipality, including alderpersons aldermen.
25    8. The words "town office" or "town officer", an office to
26be filled or an officer to be voted for by the qualified

 

 

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1electors of an entire town.
2    9. The words "town" and "incorporated town" shall
3respectively be defined as in Section 1-3 of this Act.
4    10. The words "delegates and alternate delegates to
5National nominating conventions" include all delegates and
6alternate delegates to National nominating conventions whether
7they be elected from the state at large or from congressional
8districts or selected by State convention unless contrary and
9non-inclusive language specifically limits the term to one
10class.
11    11. "Judicial office" means a post held by a judge of the
12Supreme, Appellate or Circuit Court.
13(Source: P.A. 100-1027, eff. 1-1-19.)
 
14    (10 ILCS 5/7-8)  (from Ch. 46, par. 7-8)
15    Sec. 7-8. The State central committee shall be composed of
16one or two members from each congressional district in the
17State and shall be elected as follows:
18
State Central Committee
19    (a) Within 30 days after January 1, 1984 (the effective
20date of Public Act 83-33), the State central committee of each
21political party shall certify to the State Board of Elections
22which of the following alternatives it wishes to apply to the
23State central committee of that party.
24    Alternative A. At the primary in 1970 and at the general
25primary election held every 4 years thereafter, each primary

 

 

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1elector may vote for one candidate of his party for member of
2the State central committee for the congressional district in
3which he resides. The candidate receiving the highest number
4of votes shall be declared elected State central
5committeeperson from the district. A political party may, in
6lieu of the foregoing, by a majority vote of delegates at any
7State convention of such party, determine to thereafter elect
8the State central committeepersons in the manner following:
9    At the county convention held by such political party,
10State central committeepersons shall be elected in the same
11manner as provided in this Article for the election of
12officers of the county central committee, and such election
13shall follow the election of officers of the county central
14committee. Each elected ward, township or precinct
15committeeperson shall cast as his vote one vote for each
16ballot voted in his ward, township, part of a township or
17precinct in the last preceding primary election of his
18political party. In the case of a county lying partially
19within one congressional district and partially within another
20congressional district, each ward, township or precinct
21committeeperson shall vote only with respect to the
22congressional district in which his ward, township, part of a
23township or precinct is located. In the case of a
24congressional district which encompasses more than one county,
25each ward, township or precinct committeeperson residing
26within the congressional district shall cast as his vote one

 

 

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1vote for each ballot voted in his ward, township, part of a
2township or precinct in the last preceding primary election of
3his political party for one candidate of his party for member
4of the State central committee for the congressional district
5in which he resides and the Chair of the county central
6committee shall report the results of the election to the
7State Board of Elections. The State Board of Elections shall
8certify the candidate receiving the highest number of votes
9elected State central committeeperson for that congressional
10district.
11    The State central committee shall adopt rules to provide
12for and govern the procedures to be followed in the election of
13members of the State central committee.
14    After August 6, 1999 (the effective date of Public Act
1591-426), whenever a vacancy occurs in the office of Chair of a
16State central committee, or at the end of the term of office of
17Chair, the State central committee of each political party
18that has selected Alternative A shall elect a Chair who shall
19not be required to be a member of the State Central Committee.
20The Chair shall be a registered voter in this State and of the
21same political party as the State central committee.
22    Alternative B. Each congressional committee shall, within
2330 days after the adoption of this alternative, appoint a
24person of a different gender than the sex opposite that of the
25incumbent member for that congressional district to serve as
26an additional member of the State central committee until the

 

 

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1member's his or her successor is elected at the general
2primary election in 1986. Each congressional committee shall
3make this appointment by voting on the basis set forth in
4paragraph (e) of this Section. In each congressional district
5at the general primary election held in 1986 and every 4 years
6thereafter, the person male candidate receiving the highest
7number of votes of the party's male candidates for State
8central committeeperson committeeman, and the person of a
9different gender female candidate receiving the highest number
10of votes of the party's female candidates for State central
11committeewoman, shall be declared elected State central
12committeepersons committeeman and State central committeewoman
13from the district. At the general primary election held in
141986 and every 4 years thereafter, if all a party's candidates
15for State central committeeperson committeemen or State
16central committeewomen from a congressional district are of
17the same gender are of the same sex, the candidate receiving
18the highest number of votes shall be declared elected a State
19central committeeperson committeeman or State central
20committeewoman from the district, and, because of a failure to
21elect 2 persons from different genders one male and one female
22to the committee, a vacancy shall be declared to exist in the
23office of the second member of the State central committee
24from the district. This vacancy shall be filled by appointment
25by the congressional committee of the political party, and the
26person appointed to fill the vacancy shall be a resident of the

 

 

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

 

 

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1ballot voted in their his or her congressional district by the
2primary electors of the committeepersons' his or her party at
3the primary election immediately preceding the meeting of the
4State central committee. Whenever a vacancy occurs in the
5State central committee of any political party, the vacancy
6shall be filled by appointment of the chairmen of the county
7central committees of the political party of the counties
8located within the congressional district in which the vacancy
9occurs and, if applicable, the ward and township
10committeepersons of the political party in counties of
112,000,000 or more inhabitants located within the congressional
12district. If the congressional district in which the vacancy
13occurs lies wholly within a county of 2,000,000 or more
14inhabitants, the ward and township committeepersons of the
15political party in that congressional district shall vote to
16fill the vacancy. In voting to fill the vacancy, each chair of
17a county central committee and each ward and township
18committeeperson in counties of 2,000,000 or more inhabitants
19shall have one vote for each ballot voted in each precinct of
20the congressional district in which the vacancy exists of the
21chair's or committeeperson's his or her county, township, or
22ward cast by the primary electors of the chair's or
23committeeperson's his or her party at the primary election
24immediately preceding the meeting to fill the vacancy in the
25State central committee. The person appointed to fill the
26vacancy shall be a resident of the congressional district in

 

 

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1which the vacancy occurs, shall be a qualified voter, and, in a
2committee composed as provided in Alternative B, shall be of
3the same gender be of the same sex as the appointee's his or
4her predecessor. A political party may, by a majority vote of
5the delegates of any State convention of such party, determine
6to return to the election of State central committeepersons
7committeeman and State central committeewoman by the vote of
8primary electors. Any action taken by a political party at a
9State convention in accordance with this Section shall be
10reported to the State Board of Elections by the chair and
11secretary of such convention within 10 days after such action.
12
Ward, Township and Precinct Committeepersons
13    (b) At the primary in 1972 and at the general primary
14election every 4 years thereafter, each primary elector in
15cities having a population of 200,000 or over may vote for one
16candidate of his party in his ward for ward committeeperson.
17Each candidate for ward committeeperson must be a resident of
18and in the ward where he seeks to be elected ward
19committeeperson. The one having the highest number of votes
20shall be such ward committeeperson of such party for such
21ward. At the primary election in 1970 and at the general
22primary election every 4 years thereafter, each primary
23elector in counties containing a population of 2,000,000 or
24more, outside of cities containing a population of 200,000 or
25more, may vote for one candidate of his party for township
26committeeperson. Each candidate for township committeeperson

 

 

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1must be a resident of and in the township or part of a township
2(which lies outside of a city having a population of 200,000 or
3more, in counties containing a population of 2,000,000 or
4more), and in which township or part of a township he seeks to
5be elected township committeeperson. The one having the
6highest number of votes shall be such township committeeperson
7of such party for such township or part of a township. At the
8primary in 1970 and at the general primary election every 2
9years thereafter, each primary elector, except in counties
10having a population of 2,000,000 or over, may vote for one
11candidate of his party in his precinct for precinct
12committeeperson. Each candidate for precinct committeeperson
13must be a bona fide resident of the precinct where he seeks to
14be elected precinct committeeperson. The one having the
15highest number of votes shall be such precinct committeeperson
16of such party for such precinct. The official returns of the
17primary shall show the name of the committeeperson of each
18political party.
19    Terms of Committeepersons. All precinct committeepersons
20elected under the provisions of this Article shall continue as
21such committeepersons until the date of the primary to be held
22in the second year after their election. Except as otherwise
23provided in this Section for certain State central
24committeepersons who have 2 year terms, all State central
25committeepersons, township committeepersons and ward
26committeepersons shall continue as such committeepersons until

 

 

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1the date of primary to be held in the fourth year after their
2election. However, a vacancy exists in the office of precinct
3committeeperson when a precinct committeeperson ceases to
4reside in the precinct in which he was elected and such
5precinct committeeperson shall thereafter neither have nor
6exercise any rights, powers or duties as committeeperson in
7that precinct, even if a successor has not been elected or
8appointed.
9    (c) The Multi-Township Central Committee shall consist of
10the precinct committeepersons of such party, in the
11multi-township assessing district formed pursuant to Section
122-10 of the Property Tax Code and shall be organized for the
13purposes set forth in Section 45-25 of the Township Code. In
14the organization and proceedings of the Multi-Township Central
15Committee each precinct committeeperson shall have one vote
16for each ballot voted in his precinct by the primary electors
17of his party at the primary at which he was elected.
18
County Central Committee
19    (d) The county central committee of each political party
20in each county shall consist of the various township
21committeepersons, precinct committeepersons and ward
22committeepersons, if any, of such party in the county. In the
23organization and proceedings of the county central committee,
24each precinct committeeperson shall have one vote for each
25ballot voted in his precinct by the primary electors of his
26party at the primary at which he was elected; each township

 

 

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1committeeperson shall have one vote for each ballot voted in
2his township or part of a township as the case may be by the
3primary electors of his party at the primary election for the
4nomination of candidates for election to the General Assembly
5immediately preceding the meeting of the county central
6committee; and in the organization and proceedings of the
7county central committee, each ward committeeperson shall have
8one vote for each ballot voted in his ward by the primary
9electors of his party at the primary election for the
10nomination of candidates for election to the General Assembly
11immediately preceding the meeting of the county central
12committee.
13
Cook County Board of Review Election District Committee
14    (d-1) Each board of review election district committee of
15each political party in Cook County shall consist of the
16various township committeepersons and ward committeepersons,
17if any, of that party in the portions of the county composing
18the board of review election district. In the organization and
19proceedings of each of the 3 election district committees,
20each township committeeperson shall have one vote for each
21ballot voted in the committeeperson's his or her township or
22part of a township, as the case may be, by the primary electors
23of the committeeperson's his or her party at the primary
24election immediately preceding the meeting of the board of
25review election district committee; and in the organization
26and proceedings of each of the 3 election district committees,

 

 

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1each ward committeeperson shall have one vote for each ballot
2voted in the committeeperson's his or her ward or part of that
3ward, as the case may be, by the primary electors of the
4committeeperson's his or her party at the primary election
5immediately preceding the meeting of the board of review
6election district committee.
7
Congressional Committee
8    (e) The congressional committee of each party in each
9congressional district shall be composed of the chairmen of
10the county central committees of the counties composing the
11congressional district, except that in congressional districts
12wholly within the territorial limits of one county, the
13precinct committeepersons, township committeepersons and ward
14committeepersons, if any, of the party representing the
15precincts within the limits of the congressional district,
16shall compose the congressional committee. A State central
17committeeperson in each district shall be a member and the
18chair or, when a district has 2 State central
19committeepersons, a co-chairperson of the congressional
20committee, but shall not have the right to vote except in case
21of a tie.
22    In the organization and proceedings of congressional
23committees composed of precinct committeepersons or township
24committeepersons or ward committeepersons, or any combination
25thereof, each precinct committeeperson shall have one vote for
26each ballot voted in his precinct by the primary electors of

 

 

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1his party at the primary at which he was elected, each township
2committeeperson shall have one vote for each ballot voted in
3his township or part of a township as the case may be by the
4primary electors of his party at the primary election
5immediately preceding the meeting of the congressional
6committee, and each ward committeeperson shall have one vote
7for each ballot voted in each precinct of his ward located in
8such congressional district by the primary electors of his
9party at the primary election immediately preceding the
10meeting of the congressional committee; and in the
11organization and proceedings of congressional committees
12composed of the chairmen of the county central committees of
13the counties within such district, each chair of such county
14central committee shall have one vote for each ballot voted in
15his county by the primary electors of his party at the primary
16election immediately preceding the meeting of the
17congressional committee.
18
Judicial District Committee
19    (f) The judicial district committee of each political
20party in each judicial district shall be composed of the chair
21of the county central committees of the counties composing the
22judicial district.
23    In the organization and proceedings of judicial district
24committees composed of the chairmen of the county central
25committees of the counties within such district, each chair of
26such county central committee shall have one vote for each

 

 

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

 

 

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

 

 

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1chair and secretary of the caucus for those municipalities and
2townships authorized by statute to nominate candidates by
3caucus shall serve as party officers for the purpose of
4filling vacancies in nomination under Section 7-61; for
5municipalities and townships authorized by statute or
6ordinance to nominate candidates by petition and primary
7election, the party officers shall be the party's candidates
8who are nominated at the primary. If no party primary was held
9because of the provisions of Section 7-5, vacancies in
10nomination shall be filled by the party's remaining candidates
11who shall serve as the party's officers.
12
Powers
13    (i) Each committee and its officers shall have the powers
14usually exercised by such committees and by the officers
15thereof, not inconsistent with the provisions of this Article.
16The several committees herein provided for shall not have
17power to delegate any of their powers, or functions to any
18other person, officer or committee, but this shall not be
19construed to prevent a committee from appointing from its own
20membership proper and necessary subcommittees.
21    (j) The State central committee of a political party which
22elects its members by Alternative B under paragraph (a) of
23this Section shall adopt a plan to give effect to the delegate
24selection rules of the national political party and file a
25copy of such plan with the State Board of Elections when
26approved by a national political party.

 

 

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1    (k) For the purpose of the designation of a proxy by a
2Congressional Committee to vote in place of an absent State
3central committeeperson committeeman or committeewoman at
4meetings of the State central committee of a political party
5which elects its members by Alternative B under paragraph (a)
6of this Section, the proxy shall be appointed by the vote of
7the ward and township committeepersons, if any, of the wards
8and townships which lie entirely or partially within the
9Congressional District from which the absent State central
10committeeperson committeeman or committeewoman was elected and
11the vote of the chairmen of the county central committees of
12those counties which lie entirely or partially within that
13Congressional District and in which there are no ward or
14township committeepersons. When voting for such proxy, the
15county chair, ward committeeperson or township
16committeeperson, as the case may be, shall have one vote for
17each ballot voted in his county, ward or township, or portion
18thereof within the Congressional District, by the primary
19electors of his party at the primary at which he was elected.
20However, the absent State central committeeperson committeeman
21or committeewoman may designate a proxy when permitted by the
22rules of a political party which elects its members by
23Alternative B under paragraph (a) of this Section.
24    Notwithstanding any law to the contrary, a person is
25ineligible to hold the position of committeeperson in any
26committee established pursuant to this Section if he or she is

 

 

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1statutorily ineligible to vote in a general election because
2of conviction of a felony. When a committeeperson is convicted
3of a felony, the position occupied by that committeeperson
4shall automatically become vacant.
5(Source: P.A. 100-201, eff. 8-18-17; 100-1027, eff. 1-1-19.)
 
6    (10 ILCS 5/7-10)  (from Ch. 46, par. 7-10)
7    Sec. 7-10. Form of petition for nomination. The name of no
8candidate for nomination, or State central committeeperson, or
9township committeeperson, or precinct committeeperson, or ward
10committeeperson or candidate for delegate or alternate
11delegate to national nominating conventions, shall be printed
12upon the primary ballot unless a petition for nomination has
13been filed in his behalf as provided in this Article in
14substantially the following form:
15    We, the undersigned, members of and affiliated with the
16.... party and qualified primary electors of the .... party,
17in the .... of ...., in the county of .... and State of
18Illinois, do hereby petition that the following named person
19or persons shall be a candidate or candidates of the .... party
20for the nomination for (or in case of committeepersons for
21election to) the office or offices hereinafter specified, to
22be voted for at the primary election to be held on (insert
23date).
24    NameOfficeAddress
25John JonesGovernorBelvidere, Ill.

 

 

 

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1Jane James Lieutenant Governor Peoria, Ill.
2Thomas SmithAttorney GeneralOakland, Ill.
3Name..................         Address.......................
 
4State of Illinois)
5                 ) ss.
6County of........)
7    I, ...., do hereby certify that I reside at No. ....
8street, in the .... of ...., county of ...., and State of
9....., that I am 18 years of age or older, that I am a citizen
10of the United States, and that the signatures on this sheet
11were signed in my presence, and are genuine, and that to the
12best of my knowledge and belief the persons so signing were at
13the time of signing the petitions qualified voters of the ....
14party, and that their respective residences are correctly
15stated, as above set forth.
16
.........................
17    Subscribed and sworn to before me on (insert date).
18
.........................

 
19    Each sheet of the petition other than the statement of
20candidacy and candidate's statement shall be of uniform size
21and shall contain above the space for signatures an
22appropriate heading giving the information as to name of
23candidate or candidates, in whose behalf such petition is

 

 

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1signed; the office, the political party represented and place
2of residence; and the heading of each sheet shall be the same.
3    Such petition shall be signed by qualified primary
4electors residing in the political division for which the
5nomination is sought in their own proper persons only and
6opposite the signature of each signer, his residence address
7shall be written or printed. The residence address required to
8be written or printed opposite each qualified primary
9elector's name shall include the street address or rural route
10number of the signer, as the case may be, as well as the
11signer's county, and city, village or town, and state. However
12the county or city, village or town, and state of residence of
13the electors may be printed on the petition forms where all of
14the electors signing the petition reside in the same county or
15city, village or town, and state. Standard abbreviations may
16be used in writing the residence address, including street
17number, if any. At the bottom of each sheet of such petition
18shall be added a circulator statement signed by a person 18
19years of age or older who is a citizen of the United States,
20stating the street address or rural route number, as the case
21may be, as well as the county, city, village or town, and
22state; and certifying that the signatures on that sheet of the
23petition were signed in his or her presence and certifying
24that the signatures are genuine; and either (1) indicating the
25dates on which that sheet was circulated, or (2) indicating
26the first and last dates on which the sheet was circulated, or

 

 

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1(3) certifying that none of the signatures on the sheet were
2signed more than 90 days preceding the last day for the filing
3of the petition and certifying that to the best of his or her
4knowledge and belief the persons so signing were at the time of
5signing the petitions qualified voters of the political party
6for which a nomination is sought. Such statement shall be
7sworn to before some officer authorized to administer oaths in
8this State.
9    Except as otherwise provided in this Code, no No petition
10sheet shall be circulated more than 90 days preceding the last
11day provided in Section 7-12 for the filing of such petition.
12    The person circulating the petition, or the candidate on
13whose behalf the petition is circulated, may strike any
14signature from the petition, provided that:
15        (1) the person striking the signature shall initial
16    the petition at the place where the signature is struck;
17    and
18        (2) the person striking the signature shall sign a
19    certification listing the page number and line number of
20    each signature struck from the petition. Such
21    certification shall be filed as a part of the petition.
22    Such sheets before being filed shall be neatly fastened
23together in book form, by placing the sheets in a pile and
24fastening them together at one edge in a secure and suitable
25manner, and the sheets shall then be numbered consecutively.
26The sheets shall not be fastened by pasting them together end

 

 

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1to end, so as to form a continuous strip or roll. All petition
2sheets which are filed with the proper local election
3officials, election authorities or the State Board of
4Elections shall be the original sheets which have been signed
5by the voters and by the circulator thereof, and not
6photocopies or duplicates of such sheets. Each petition must
7include as a part thereof, a statement of candidacy for each of
8the candidates filing, or in whose behalf the petition is
9filed. This statement shall set out the address of such
10candidate, the office for which he is a candidate, shall state
11that the candidate is a qualified primary voter of the party to
12which the petition relates and is qualified for the office
13specified (in the case of a candidate for State's Attorney it
14shall state that the candidate is at the time of filing such
15statement a licensed attorney-at-law of this State), shall
16state that he has filed (or will file before the close of the
17petition filing period) a statement of economic interests as
18required by the Illinois Governmental Ethics Act, shall
19request that the candidate's name be placed upon the official
20ballot, and shall be subscribed and sworn to by such candidate
21before some officer authorized to take acknowledgment of deeds
22in the State and shall be in substantially the following form:
23
Statement of Candidacy
24NameAddressOfficeDistrictParty
25John Jones102 Main St.GovernorStatewideRepublican
26Belvidere,

 

 

 

SB0825 Enrolled- 38 -LRB102 04623 SMS 14642 b

1Illinois
2State of Illinois)
3                 ) ss.
4County of .......)
5    I, ...., being first duly sworn, say that I reside at ....
6Street in the city (or village) of ...., in the county of ....,
7State of Illinois; that I am a qualified voter therein and am a
8qualified primary voter of the .... party; that I am a
9candidate for nomination (for election in the case of
10committeeperson and delegates and alternate delegates) to the
11office of .... to be voted upon at the primary election to be
12held on (insert date); that I am legally qualified (including
13being the holder of any license that may be an eligibility
14requirement for the office I seek the nomination for) to hold
15such office and that I have filed (or I will file before the
16close of the petition filing period) a statement of economic
17interests as required by the Illinois Governmental Ethics Act
18and I hereby request that my name be printed upon the official
19primary ballot for nomination for (or election to in the case
20of committeepersons and delegates and alternate delegates)
21such office.
22
Signed ......................
23    Subscribed and sworn to (or affirmed) before me by ....,
24who is to me personally known, on (insert date).
25
Signed ....................

 

 

SB0825 Enrolled- 39 -LRB102 04623 SMS 14642 b

1
(Official Character)
2(Seal, if officer has one.)
 
3    The petitions, when filed, shall not be withdrawn or added
4to, and no signatures shall be revoked except by revocation
5filed in writing with the State Board of Elections, election
6authority or local election official with whom the petition is
7required to be filed, and before the filing of such petition.
8Whoever forges the name of a signer upon any petition required
9by this Article is deemed guilty of a forgery and on conviction
10thereof shall be punished accordingly.
11    A candidate for the offices listed in this Section must
12obtain the number of signatures specified in this Section on
13his or her petition for nomination.
14    (a) Statewide office or delegate to a national nominating
15convention. Except as otherwise provided in this Code, if If a
16candidate seeks to run for statewide office or as a delegate or
17alternate delegate to a national nominating convention elected
18from the State at-large, then the candidate's petition for
19nomination must contain at least 5,000 but not more than
2010,000 signatures.
21    (b) Congressional office or congressional delegate to a
22national nominating convention. Except as otherwise provided
23in this Code, if If a candidate seeks to run for United States
24Congress or as a congressional delegate or alternate
25congressional delegate to a national nominating convention

 

 

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1elected from a congressional district, then the candidate's
2petition for nomination must contain at least the number of
3signatures equal to 0.5% of the qualified primary electors of
4his or her party in his or her congressional district. In the
5first primary election following a redistricting of
6congressional districts, a candidate's petition for nomination
7must contain at least 600 signatures of qualified primary
8electors of the candidate's political party in his or her
9congressional district.
10    (c) County office. Except as otherwise provided in this
11Code, if If a candidate seeks to run for any countywide office,
12including but not limited to county board chairperson or
13county board member, elected on an at-large basis, in a county
14other than Cook County, then the candidate's petition for
15nomination must contain at least the number of signatures
16equal to 0.5% of the qualified electors of his or her party who
17cast votes at the last preceding general election in his or her
18county. If a candidate seeks to run for county board member
19elected from a county board district, then the candidate's
20petition for nomination must contain at least the number of
21signatures equal to 0.5% of the qualified primary electors of
22his or her party in the county board district. In the first
23primary election following a redistricting of county board
24districts or the initial establishment of county board
25districts, a candidate's petition for nomination must contain
26at least the number of signatures equal to 0.5% of the

 

 

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1qualified electors of his or her party in the entire county who
2cast votes at the last preceding general election divided by
3the total number of county board districts comprising the
4county board; provided that in no event shall the number of
5signatures be less than 25.
6    (d) County office; Cook County only.
7        (1) If a candidate seeks to run for countywide office
8    in Cook County, then the candidate's petition for
9    nomination must contain at least the number of signatures
10    equal to 0.5% of the qualified electors of his or her party
11    who cast votes at the last preceding general election in
12    Cook County.
13        (2) If a candidate seeks to run for Cook County Board
14    Commissioner, then the candidate's petition for nomination
15    must contain at least the number of signatures equal to
16    0.5% of the qualified primary electors of his or her party
17    in his or her county board district. In the first primary
18    election following a redistricting of Cook County Board of
19    Commissioners districts, a candidate's petition for
20    nomination must contain at least the number of signatures
21    equal to 0.5% of the qualified electors of his or her party
22    in the entire county who cast votes at the last preceding
23    general election divided by the total number of county
24    board districts comprising the county board; provided that
25    in no event shall the number of signatures be less than 25.
26        (3) Except as otherwise provided in this Code, if If a

 

 

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1    candidate seeks to run for Cook County Board of Review
2    Commissioner, which is elected from a district pursuant to
3    subsection (c) of Section 5-5 of the Property Tax Code,
4    then the candidate's petition for nomination must contain
5    at least the number of signatures equal to 0.5% of the
6    total number of registered voters in his or her board of
7    review district in the last general election at which a
8    commissioner was regularly scheduled to be elected from
9    that board of review district. In no event shall the
10    number of signatures required be greater than the
11    requisite number for a candidate who seeks countywide
12    office in Cook County under subsection (d)(1) of this
13    Section. In the first primary election following a
14    redistricting of Cook County Board of Review districts, a
15    candidate's petition for nomination must contain at least
16    4,000 signatures or at least the number of signatures
17    required for a countywide candidate in Cook County,
18    whichever is less, of the qualified electors of his or her
19    party in the district.
20    (e) Municipal or township office. If a candidate seeks to
21run for municipal or township office, then the candidate's
22petition for nomination must contain at least the number of
23signatures equal to 0.5% of the qualified primary electors of
24his or her party in the municipality or township. If a
25candidate seeks to run for alderperson alderman of a
26municipality, then the candidate's petition for nomination

 

 

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1must contain at least the number of signatures equal to 0.5% of
2the qualified primary electors of his or her party of the ward.
3In the first primary election following redistricting of
4aldermanic wards or trustee districts of a municipality or the
5initial establishment of wards or districts, a candidate's
6petition for nomination must contain the number of signatures
7equal to at least 0.5% of the total number of votes cast for
8the candidate of that political party who received the highest
9number of votes in the entire municipality at the last regular
10election at which an officer was regularly scheduled to be
11elected from the entire municipality, divided by the number of
12wards or districts. In no event shall the number of signatures
13be less than 25.
14    (f) State central committeeperson. If a candidate seeks to
15run for State central committeeperson, then the candidate's
16petition for nomination must contain at least 100 signatures
17of the primary electors of his or her party of his or her
18congressional district.
19    (g) Sanitary district trustee. Except as otherwise
20provided in this Code, if If a candidate seeks to run for
21trustee of a sanitary district in which trustees are not
22elected from wards, then the candidate's petition for
23nomination must contain at least the number of signatures
24equal to 0.5% of the primary electors of his or her party from
25the sanitary district. If a candidate seeks to run for trustee
26of a sanitary district in which trustees are elected from

 

 

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1wards, then the candidate's petition for nomination must
2contain at least the number of signatures equal to 0.5% of the
3primary electors of his or her party in the ward of that
4sanitary district. In the first primary election following
5redistricting of sanitary districts elected from wards, a
6candidate's petition for nomination must contain at least the
7signatures of 150 qualified primary electors of his or her
8ward of that sanitary district.
9    (h) Judicial office. Except as otherwise provided in this
10Code, if If a candidate seeks to run for judicial office in a
11district, then the candidate's petition for nomination must
12contain the number of signatures equal to 0.4% of the number of
13votes cast in that district for the candidate for his or her
14political party for the office of Governor at the last general
15election at which a Governor was elected, but in no event less
16than 500 signatures. If a candidate seeks to run for judicial
17office in a circuit or subcircuit, then the candidate's
18petition for nomination must contain the number of signatures
19equal to 0.25% of the number of votes cast for the judicial
20candidate of his or her political party who received the
21highest number of votes at the last general election at which a
22judicial officer from the same circuit or subcircuit was
23regularly scheduled to be elected, but in no event less than
241,000 signatures in circuits and subcircuits located in the
25First Judicial District or 500 signatures in every other
26Judicial District.

 

 

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1    (i) Precinct, ward, and township committeeperson. Except
2as otherwise provided in this Code, if If a candidate seeks to
3run for precinct committeeperson, then the candidate's
4petition for nomination must contain at least 10 signatures of
5the primary electors of his or her party for the precinct. If a
6candidate seeks to run for ward committeeperson, then the
7candidate's petition for nomination must contain no less than
8the number of signatures equal to 10% of the primary electors
9of his or her party of the ward, but no more than 16% of those
10same electors; provided that the maximum number of signatures
11may be 50 more than the minimum number, whichever is greater.
12If a candidate seeks to run for township committeeperson, then
13the candidate's petition for nomination must contain no less
14than the number of signatures equal to 5% of the primary
15electors of his or her party of the township, but no more than
168% of those same electors; provided that the maximum number of
17signatures may be 50 more than the minimum number, whichever
18is greater.
19    (j) State's attorney or regional superintendent of schools
20for multiple counties. If a candidate seeks to run for State's
21attorney or regional Superintendent of Schools who serves more
22than one county, then the candidate's petition for nomination
23must contain at least the number of signatures equal to 0.5% of
24the primary electors of his or her party in the territory
25comprising the counties.
26    (k) Any other office. If a candidate seeks any other

 

 

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1office, then the candidate's petition for nomination must
2contain at least the number of signatures equal to 0.5% of the
3registered voters of the political subdivision, district, or
4division for which the nomination is made or 25 signatures,
5whichever is greater.
6    For purposes of this Section the number of primary
7electors shall be determined by taking the total vote cast, in
8the applicable district, for the candidate for that political
9party who received the highest number of votes, statewide, at
10the last general election in the State at which electors for
11President of the United States were elected. For political
12subdivisions, the number of primary electors shall be
13determined by taking the total vote cast for the candidate for
14that political party who received the highest number of votes
15in the political subdivision at the last regular election at
16which an officer was regularly scheduled to be elected from
17that subdivision. For wards or districts of political
18subdivisions, the number of primary electors shall be
19determined by taking the total vote cast for the candidate for
20that political party who received the highest number of votes
21in the ward or district at the last regular election at which
22an officer was regularly scheduled to be elected from that
23ward or district.
24    A "qualified primary elector" of a party may not sign
25petitions for or be a candidate in the primary of more than one
26party.

 

 

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1    The changes made to this Section of this amendatory Act of
2the 93rd General Assembly are declarative of existing law,
3except for item (3) of subsection (d).
4    Petitions of candidates for nomination for offices herein
5specified, to be filed with the same officer, may contain the
6names of 2 or more candidates of the same political party for
7the same or different offices. In the case of the offices of
8Governor and Lieutenant Governor, a joint petition including
9one candidate for each of those offices must be filed.
10(Source: P.A. 100-1027, eff. 1-1-19.)
 
11    (10 ILCS 5/7-10.2)  (from Ch. 46, par. 7-10.2)
12    Sec. 7-10.2. In the designation of the name of a candidate
13on a petition for nomination or certificate of nomination the
14candidate's given name or names, initial or initials, a
15nickname by which the candidate is commonly known, or a
16combination thereof, may be used in addition to the
17candidate's surname. If a candidate has changed his or her
18name, whether by a statutory or common law procedure in
19Illinois or any other jurisdiction, within 3 years before the
20last day for filing the petition or certificate for that
21office, whichever is applicable, then (i) the candidate's name
22on the petition or certificate must be followed by "formerly
23known as (list all prior names during the 3-year period) until
24name changed on (list date of each such name change)" and (ii)
25the petition or certificate must be accompanied by the

 

 

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1candidate's affidavit stating the candidate's previous names
2during the period specified in (i) and the date or dates each
3of those names was changed; failure to meet these requirements
4shall be grounds for denying certification of the candidate's
5name for the ballot or removing the candidate's name from the
6ballot, as appropriate, but these requirements do not apply to
7name changes resulting from adoption to assume an adoptive
8parent's or parents' surname, marriage or civil union to
9assume a spouse's surname, or dissolution of marriage or civil
10union or declaration of invalidity of marriage or civil union
11to assume a former surname or a name change that conforms the
12candidate's name to his or her gender identity. No other
13designation such as a political slogan, as defined by Section
147-17, title or degree, or nickname suggesting or implying
15possession of a title, degree or professional status, or
16similar information may be used in connection with the
17candidate's surname.
18(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
 
19    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
20    Sec. 7-12. All petitions for nomination shall be filed by
21mail or in person as follows:
22        (1) Except as otherwise provided in this Code, where
23    Where the nomination is to be made for a State,
24    congressional, or judicial office, or for any office a
25    nomination for which is made for a territorial division or

 

 

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1    district which comprises more than one county or is partly
2    in one county and partly in another county or counties
3    (including the Fox Metro Water Reclamation District),
4    then, except as otherwise provided in this Section, such
5    petition for nomination shall be filed in the principal
6    office of the State Board of Elections not more than 113
7    and not less than 106 days prior to the date of the
8    primary, but, in the case of petitions for nomination to
9    fill a vacancy by special election in the office of
10    representative in Congress from this State, such petition
11    for nomination shall be filed in the principal office of
12    the State Board of Elections not more than 85 days and not
13    less than 82 days prior to the date of the primary.
14        Where a vacancy occurs in the office of Supreme,
15    Appellate or Circuit Court Judge within the 3-week period
16    preceding the 106th day before a general primary election,
17    petitions for nomination for the office in which the
18    vacancy has occurred shall be filed in the principal
19    office of the State Board of Elections not more than 92 nor
20    less than 85 days prior to the date of the general primary
21    election.
22        Where the nomination is to be made for delegates or
23    alternate delegates to a national nominating convention,
24    then such petition for nomination shall be filed in the
25    principal office of the State Board of Elections not more
26    than 113 and not less than 106 days prior to the date of

 

 

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1    the primary; provided, however, that if the rules or
2    policies of a national political party conflict with such
3    requirements for filing petitions for nomination for
4    delegates or alternate delegates to a national nominating
5    convention, the chair of the State central committee of
6    such national political party shall notify the Board in
7    writing, citing by reference the rules or policies of the
8    national political party in conflict, and in such case the
9    Board shall direct such petitions to be filed in
10    accordance with the delegate selection plan adopted by the
11    state central committee of such national political party.
12        (2) Where the nomination is to be made for a county
13    office or trustee of a sanitary district then such
14    petition shall be filed in the office of the county clerk
15    not more than 113 nor less than 106 days prior to the date
16    of the primary.
17        (3) Where the nomination is to be made for a municipal
18    or township office, such petitions for nomination shall be
19    filed in the office of the local election official, not
20    more than 99 nor less than 92 days prior to the date of the
21    primary; provided, where a municipality's or township's
22    boundaries are coextensive with or are entirely within the
23    jurisdiction of a municipal board of election
24    commissioners, the petitions shall be filed in the office
25    of such board; and provided, that petitions for the office
26    of multi-township assessor shall be filed with the

 

 

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1    election authority.
2        (4) The petitions of candidates for State central
3    committeeperson shall be filed in the principal office of
4    the State Board of Elections not more than 113 nor less
5    than 106 days prior to the date of the primary.
6        (5) Petitions of candidates for precinct, township or
7    ward committeepersons shall be filed in the office of the
8    county clerk not more than 113 nor less than 106 days prior
9    to the date of the primary.
10        (6) The State Board of Elections and the various
11    election authorities and local election officials with
12    whom such petitions for nominations are filed shall
13    specify the place where filings shall be made and upon
14    receipt shall endorse thereon the day and hour on which
15    each petition was filed. All petitions filed by persons
16    waiting in line as of 8:00 a.m. on the first day for
17    filing, or as of the normal opening hour of the office
18    involved on such day, shall be deemed filed as of 8:00 a.m.
19    or the normal opening hour, as the case may be. Petitions
20    filed by mail and received after midnight of the first day
21    for filing and in the first mail delivery or pickup of that
22    day shall be deemed as filed as of 8:00 a.m. of that day or
23    as of the normal opening hour of such day, as the case may
24    be. All petitions received thereafter shall be deemed as
25    filed in the order of actual receipt. However, 2 or more
26    petitions filed within the last hour of the filing

 

 

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1    deadline shall be deemed filed simultaneously. Where 2 or
2    more petitions are received simultaneously, the State
3    Board of Elections or the various election authorities or
4    local election officials with whom such petitions are
5    filed shall break ties and determine the order of filing,
6    by means of a lottery or other fair and impartial method of
7    random selection approved by the State Board of Elections.
8    Such lottery shall be conducted within 9 days following
9    the last day for petition filing and shall be open to the
10    public. Seven days written notice of the time and place of
11    conducting such random selection shall be given by the
12    State Board of Elections to the chair of the State central
13    committee of each established political party, and by each
14    election authority or local election official, to the
15    County Chair of each established political party, and to
16    each organization of citizens within the election
17    jurisdiction which was entitled, under this Article, at
18    the next preceding election, to have pollwatchers present
19    on the day of election. The State Board of Elections,
20    election authority or local election official shall post
21    in a conspicuous, open and public place, at the entrance
22    of the office, notice of the time and place of such
23    lottery. The State Board of Elections shall adopt rules
24    and regulations governing the procedures for the conduct
25    of such lottery. All candidates shall be certified in the
26    order in which their petitions have been filed. Where

 

 

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1    candidates have filed simultaneously, they shall be
2    certified in the order determined by lot and prior to
3    candidates who filed for the same office at a later time.
4        (7) The State Board of Elections or the appropriate
5    election authority or local election official with whom
6    such a petition for nomination is filed shall notify the
7    person for whom a petition for nomination has been filed
8    of the obligation to file statements of organization,
9    reports of campaign contributions, and annual reports of
10    campaign contributions and expenditures under Article 9 of
11    this Act. Such notice shall be given in the manner
12    prescribed by paragraph (7) of Section 9-16 of this Code.
13        (8) Nomination papers filed under this Section are not
14    valid if the candidate named therein fails to file a
15    statement of economic interests as required by the
16    Illinois Governmental Ethics Act in relation to his
17    candidacy with the appropriate officer by the end of the
18    period for the filing of nomination papers unless he has
19    filed a statement of economic interests in relation to the
20    same governmental unit with that officer within a year
21    preceding the date on which such nomination papers were
22    filed. If the nomination papers of any candidate and the
23    statement of economic interest of that candidate are not
24    required to be filed with the same officer, the candidate
25    must file with the officer with whom the nomination papers
26    are filed a receipt from the officer with whom the

 

 

SB0825 Enrolled- 54 -LRB102 04623 SMS 14642 b

1    statement of economic interests is filed showing the date
2    on which such statement was filed. Such receipt shall be
3    so filed not later than the last day on which nomination
4    papers may be filed.
5        (9) Except as otherwise provided in this Code, any Any
6    person for whom a petition for nomination, or for
7    committeeperson or for delegate or alternate delegate to a
8    national nominating convention has been filed may cause
9    his name to be withdrawn by request in writing, signed by
10    him and duly acknowledged before an officer qualified to
11    take acknowledgments of deeds, and filed in the principal
12    or permanent branch office of the State Board of Elections
13    or with the appropriate election authority or local
14    election official, not later than the date of
15    certification of candidates for the consolidated primary
16    or general primary ballot. No names so withdrawn shall be
17    certified or printed on the primary ballot. If petitions
18    for nomination have been filed for the same person with
19    respect to more than one political party, his name shall
20    not be certified nor printed on the primary ballot of any
21    party. If petitions for nomination have been filed for the
22    same person for 2 or more offices which are incompatible
23    so that the same person could not serve in more than one of
24    such offices if elected, that person must withdraw as a
25    candidate for all but one of such offices within the 5
26    business days following the last day for petition filing.

 

 

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1    A candidate in a judicial election may file petitions for
2    nomination for only one vacancy in a subcircuit and only
3    one vacancy in a circuit in any one filing period, and if
4    petitions for nomination have been filed for the same
5    person for 2 or more vacancies in the same circuit or
6    subcircuit in the same filing period, his or her name
7    shall be certified only for the first vacancy for which
8    the petitions for nomination were filed. If he fails to
9    withdraw as a candidate for all but one of such offices
10    within such time his name shall not be certified, nor
11    printed on the primary ballot, for any office. For the
12    purpose of the foregoing provisions, an office in a
13    political party is not incompatible with any other office.
14        (10)(a) Notwithstanding the provisions of any other
15    statute, no primary shall be held for an established
16    political party in any township, municipality, or ward
17    thereof, where the nomination of such party for every
18    office to be voted upon by the electors of such township,
19    municipality, or ward thereof, is uncontested. Whenever a
20    political party's nomination of candidates is uncontested
21    as to one or more, but not all, of the offices to be voted
22    upon by the electors of a township, municipality, or ward
23    thereof, then a primary shall be held for that party in
24    such township, municipality, or ward thereof; provided
25    that the primary ballot shall not include those offices
26    within such township, municipality, or ward thereof, for

 

 

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1    which the nomination is uncontested. For purposes of this
2    Article, the nomination of an established political party
3    of a candidate for election to an office shall be deemed to
4    be uncontested where not more than the number of persons
5    to be nominated have timely filed valid nomination papers
6    seeking the nomination of such party for election to such
7    office.
8        (b) Notwithstanding the provisions of any other
9    statute, no primary election shall be held for an
10    established political party for any special primary
11    election called for the purpose of filling a vacancy in
12    the office of representative in the United States Congress
13    where the nomination of such political party for said
14    office is uncontested. For the purposes of this Article,
15    the nomination of an established political party of a
16    candidate for election to said office shall be deemed to
17    be uncontested where not more than the number of persons
18    to be nominated have timely filed valid nomination papers
19    seeking the nomination of such established party for
20    election to said office. This subsection (b) shall not
21    apply if such primary election is conducted on a regularly
22    scheduled election day.
23        (c) Notwithstanding the provisions in subparagraph (a)
24    and (b) of this paragraph (10), whenever a person who has
25    not timely filed valid nomination papers and who intends
26    to become a write-in candidate for a political party's

 

 

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1    nomination for any office for which the nomination is
2    uncontested files a written statement or notice of that
3    intent with the State Board of Elections or the local
4    election official with whom nomination papers for such
5    office are filed, a primary ballot shall be prepared and a
6    primary shall be held for that office. Such statement or
7    notice shall be filed on or before the date established in
8    this Article for certifying candidates for the primary
9    ballot. Such statement or notice shall contain (i) the
10    name and address of the person intending to become a
11    write-in candidate, (ii) a statement that the person is a
12    qualified primary elector of the political party from whom
13    the nomination is sought, (iii) a statement that the
14    person intends to become a write-in candidate for the
15    party's nomination, and (iv) the office the person is
16    seeking as a write-in candidate. An election authority
17    shall have no duty to conduct a primary and prepare a
18    primary ballot for any office for which the nomination is
19    uncontested unless a statement or notice meeting the
20    requirements of this Section is filed in a timely manner.
21        (11) If multiple sets of nomination papers are filed
22    for a candidate to the same office, the State Board of
23    Elections, appropriate election authority or local
24    election official where the petitions are filed shall
25    within 2 business days notify the candidate of his or her
26    multiple petition filings and that the candidate has 3

 

 

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1    business days after receipt of the notice to notify the
2    State Board of Elections, appropriate election authority
3    or local election official that he or she may cancel prior
4    sets of petitions. If the candidate notifies the State
5    Board of Elections, appropriate election authority or
6    local election official, the last set of petitions filed
7    shall be the only petitions to be considered valid by the
8    State Board of Elections, election authority or local
9    election official. If the candidate fails to notify the
10    State Board of Elections, election authority or local
11    election official then only the first set of petitions
12    filed shall be valid and all subsequent petitions shall be
13    void.
14        (12) All nominating petitions shall be available for
15    public inspection and shall be preserved for a period of
16    not less than 6 months.
17(Source: P.A. 100-1027, eff. 1-1-19; 101-523, eff. 8-23-19.)
 
18    (10 ILCS 5/7-13)  (from Ch. 46, par. 7-13)
19    Sec. 7-13. The board of election commissioners in cities
20of 500,000 or more population having such board, shall
21constitute an electoral board for the hearing and passing upon
22objections to nomination petitions for ward committeepersons.
23    Except as otherwise provided in this Code, such Such
24objections shall be filed in the office of the county clerk
25within 5 business days after the last day for filing

 

 

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1nomination papers. The objection shall state the name and
2address of the objector, who may be any qualified elector in
3the ward, the specific grounds of objection and the relief
4requested of the electoral board. Upon the receipt of the
5objection, the county clerk shall forthwith transmit such
6objection and the petition of the candidate to the board of
7election commissioners. The board of election commissioners
8shall forthwith notify the objector and candidate objected to
9of the time and place for hearing hereon. After a hearing upon
10the validity of such objections, the board shall certify to
11the county clerk its decision stating whether or not the name
12of the candidate shall be printed on the ballot and the county
13clerk in his or her certificate to the board of election
14commissioners shall leave off of the certificate the name of
15the candidate for ward committeeperson that the election
16commissioners order not to be printed on the ballot. However,
17the decision of the board of election commissioners is subject
18to judicial review as provided in Section 10-10.1.
19    The county electoral board composed as provided in Section
2010-9 shall constitute an electoral board for the hearing and
21passing upon objections to nomination petitions for precinct
22and township committeepersons. Such objections shall be filed
23in the office of the county clerk within 5 business days after
24the last day for filing nomination papers. The objection shall
25state the name and address of the objector who may be any
26qualified elector in the precinct or in the township or part of

 

 

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1a township that lies outside of a city having a population of
2500,000 or more, the specific grounds of objection and the
3relief requested of the electoral board. Upon the receipt of
4the objection the county clerk shall forthwith transmit such
5objection and the petition of the candidate to the chair of the
6county electoral board. The chair of the county electoral
7board shall forthwith notify the objector, the candidate whose
8petition is objected to and the other members of the electoral
9board of the time and place for hearing thereon. After hearing
10upon the validity of such objections the board shall certify
11its decision to the county clerk stating whether or not the
12name of the candidate shall be printed on the ballot, and the
13county clerk, in his or her certificate to the board of
14election commissioners, shall leave off of the certificate the
15name of the candidate ordered by the board not to be printed on
16the ballot, and the county clerk shall also refrain from
17printing on the official primary ballot, the name of any
18candidate whose name has been ordered by the electoral board
19not to be printed on the ballot. However, the decision of the
20board is subject to judicial review as provided in Section
2110-10.1.
22    In such proceedings the electoral boards have the same
23powers as other electoral boards under the provisions of
24Section 10-10 of this Act and their decisions are subject to
25judicial review under Section 10-10.1.
26(Source: P.A. 100-1027, eff. 1-1-19.)
 

 

 

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1    (10 ILCS 5/7-14)  (from Ch. 46, par. 7-14)
2    Sec. 7-14. Except as otherwise provided in this Code, not
3Not less than 68 days before the date of the general primary
4the State Board of Elections shall meet and shall examine all
5petitions filed under this Article 7, in the office of the
6State Board of Elections. The State Board of Elections shall
7then certify to the county clerk of each county, the names of
8all candidates whose nomination papers or certificates of
9nomination have been filed with the Board and direct the
10county clerk to place upon the official ballot for the general
11primary election the names of such candidates in the same
12manner and in the same order as shown upon the certification.
13    The State Board of Elections shall, in its certificate to
14the county clerk, certify the names of the offices, and the
15names of the candidates in the order in which the offices and
16names shall appear upon the primary ballot; such names to
17appear in the order in which petitions have been filed in the
18office of the State Board of Elections except as otherwise
19provided in this Article.
20    Not less than 62 days before the date of the general
21primary, each county clerk shall certify the names of all
22candidates whose nomination papers have been filed with such
23clerk and declare that the names of such candidates for the
24respective offices shall be placed upon the official ballot
25for the general primary in the order in which such nomination

 

 

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1papers were filed with the clerk, or as determined by lot, or
2as otherwise specified by statute. Each county clerk shall
3place a copy of the certification on file in his or her office
4and at the same time issue to the board of election
5commissioners a copy of the certification that has been filed
6in the county clerk's office, together with a copy of the
7certification that has been issued to the clerk by the State
8Board of Elections, with directions to the board of election
9commissioners to place upon the official ballot for the
10general primary in that election jurisdiction the names of all
11candidates that are listed on such certification in the same
12manner and in the same order as shown upon such
13certifications.
14    The certification shall indicate, where applicable, the
15following:
16        (1) The political party affiliation of the candidates
17    for the respective offices;
18        (2) If there is to be more than one candidate elected
19    or nominated to an office from the State, political
20    subdivision or district;
21        (3) If the voter has the right to vote for more than
22    one candidate for an office;
23        (4) The term of office, if a vacancy is to be filled
24    for less than a full term or if the offices to be filled in
25    a political subdivision or district are for different
26    terms.

 

 

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1    The State Board of Elections or the county clerk, as the
2case may be, shall issue an amended certification whenever it
3is discovered that the original certification is in error.
4    Subject to appeal, the names of candidates whose
5nomination papers have been held invalid by the appropriate
6electoral board provided in Section 10-9 of this Code shall
7not be certified.
8(Source: P.A. 96-1008, eff. 7-6-10.)
 
9    (10 ILCS 5/7-16)  (from Ch. 46, par. 7-16)
10    Sec. 7-16. Each election authority in each county shall
11prepare and cause to be printed the primary ballot of each
12political party for each precinct in his respective
13jurisdiction.
14    Except as otherwise provided in this Code, the The
15election authority shall, at least 45 days prior to the date of
16the primary election, have a sufficient number of ballots
17printed so that such ballots will be available for mailing 45
18days prior to the primary election to persons who have filed
19application for a ballot under the provisions of Article 20 of
20this Act.
21(Source: P.A. 80-1469.)
 
22    (10 ILCS 5/7-17)  (from Ch. 46, par. 7-17)
23    Sec. 7-17. Candidate ballot name procedures.
24    (a) Each election authority in each county shall cause to

 

 

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1be printed upon the general primary ballot of each party for
2each precinct in his jurisdiction the name of each candidate
3whose petition for nomination or for committeeperson has been
4filed in the office of the county clerk, as herein provided;
5and also the name of each candidate whose name has been
6certified to his office by the State Board of Elections, and in
7the order so certified, except as hereinafter provided.
8    It shall be the duty of the election authority to cause to
9be printed upon the consolidated primary ballot of each
10political party for each precinct in his jurisdiction the name
11of each candidate whose name has been certified to him, as
12herein provided and which is to be voted for in such precinct.
13    (b) In the designation of the name of a candidate on the
14primary ballot the candidate's given name or names, initial or
15initials, a nickname by which the candidate is commonly known,
16or a combination thereof, may be used in addition to the
17candidate's surname. If a candidate has changed his or her
18name, whether by a statutory or common law procedure in
19Illinois or any other jurisdiction, within 3 years before the
20last day for filing the petition for nomination, nomination
21papers, or certificate of nomination for that office,
22whichever is applicable, then (i) the candidate's name on the
23primary ballot must be followed by "formerly known as (list
24all prior names during the 3-year period) until name changed
25on (list date of each such name change)" and (ii) the petition,
26papers, or certificate must be accompanied by the candidate's

 

 

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1affidavit stating the candidate's previous names during the
2period specified in (i) and the date or dates each of those
3names was changed; failure to meet these requirements shall be
4grounds for denying certification of the candidate's name for
5the ballot or removing the candidate's name from the ballot,
6as appropriate, but these requirements do not apply to name
7changes resulting from adoption to assume an adoptive parent's
8or parents' surname, marriage or civil union to assume a
9spouse's surname, or dissolution of marriage or civil union or
10declaration of invalidity of marriage or civil union to assume
11a former surname or a name change that conforms the
12candidate's name to his or her gender identity. No other
13designation such as a political slogan, title, or degree, or
14nickname suggesting or implying possession of a title, degree
15or professional status, or similar information may be used in
16connection with the candidate's surname. For purposes of this
17Section, a "political slogan" is defined as any word or words
18expressing or connoting a position, opinion, or belief that
19the candidate may espouse, including but not limited to, any
20word or words conveying any meaning other than that of the
21personal identity of the candidate. A candidate may not use a
22political slogan as part of his or her name on the ballot,
23notwithstanding that the political slogan may be part of the
24candidate's name.
25    (c) The State Board of Elections, a local election
26official, or an election authority shall remove any

 

 

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1candidate's name designation from a ballot that is
2inconsistent with subsection (b) of this Section. In addition,
3the State Board of Elections, a local election official, or an
4election authority shall not certify to any election authority
5any candidate name designation that is inconsistent with
6subsection (b) of this Section.
7    (d) If the State Board of Elections, a local election
8official, or an election authority removes a candidate's name
9designation from a ballot under subsection (c) of this
10Section, then the aggrieved candidate may seek appropriate
11relief in circuit court.
12(Source: P.A. 100-1027, eff. 1-1-19.)
 
13    (10 ILCS 5/7-43)  (from Ch. 46, par. 7-43)
14    Sec. 7-43. Every person having resided in this State 6
15months and in the precinct 30 days next preceding any primary
16therein who shall be a citizen of the United States of the age
17of 18 or more years shall be entitled to vote at such primary.
18    The following regulations shall be applicable to
19primaries:
20        No person shall be entitled to vote at a primary:
21            (a) Unless he declares his party affiliations as
22        required by this Article.
23            (b) (Blank).
24            (c) (Blank).
25            (c.5) If that person has participated in the town

 

 

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1        political party caucus, under Section 45-50 of the
2        Township Code, of another political party by signing
3        an affidavit of voters attending the caucus within 45
4        days before the first day of the calendar month in
5        which the primary is held.
6            (d) (Blank).
7        In cities, villages and incorporated towns having a
8    board of election commissioners only voters registered as
9    provided by Article 6 of this Act shall be entitled to vote
10    at such primary.
11        No person shall be entitled to vote at a primary
12    unless he is registered under the provisions of Articles
13    4, 5 or 6 of this Act, when his registration is required by
14    any of said Articles to entitle him to vote at the election
15    with reference to which the primary is held.
16    A person (i) who filed a statement of candidacy for a
17partisan office as a qualified primary voter of an established
18political party or (ii) who voted the ballot of an established
19political party at a general primary election may not file a
20statement of candidacy as a candidate of a different
21established political party, a new political party, or as an
22independent candidate for a partisan office to be filled at
23the general election immediately following the general primary
24for which the person filed the statement or voted the ballot. A
25person may file a statement of candidacy for a partisan office
26as a qualified primary voter of an established political party

 

 

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1regardless of any prior filing of candidacy for a partisan
2office or voting the ballot of an established political party
3at any prior election.
4(Source: P.A. 97-681, eff. 3-30-12; 98-463, eff. 8-16-13.)
 
5    (10 ILCS 5/7-59)  (from Ch. 46, par. 7-59)
6    Sec. 7-59. (a) The person receiving the highest number of
7votes at a primary as a candidate of a party for the nomination
8for an office shall be the candidate of that party for such
9office, and his name as such candidate shall be placed on the
10official ballot at the election then next ensuing; provided,
11that where there are two or more persons to be nominated for
12the same office or board, the requisite number of persons
13receiving the highest number of votes shall be nominated and
14their names shall be placed on the official ballot at the
15following election.
16    Except as otherwise provided by Section 7-8 of this Act,
17the person receiving the highest number of votes of his party
18for State central committeeperson of his congressional
19district shall be declared elected State central
20committeeperson from said congressional district.
21    Unless a national political party specifies that delegates
22and alternate delegates to a National nominating convention be
23allocated by proportional selection representation according
24to the results of a Presidential preference primary, the
25requisite number of persons receiving the highest number of

 

 

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

 

 

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1of the national political party so require.
2    The person receiving the highest number of votes of his
3party for precinct committeeperson of his precinct shall be
4declared elected precinct committeeperson from said precinct.
5    The person receiving the highest number of votes of his
6party for township committeeperson of his township or part of
7a township as the case may be, shall be declared elected
8township committeeperson from said township or part of a
9township as the case may be. In cities where ward
10committeepersons are elected, the person receiving the highest
11number of votes of his party for ward committeeperson of his
12ward shall be declared elected ward committeeperson from said
13ward.
14    When two or more persons receive an equal and the highest
15number of votes for the nomination for the same office or for
16committeeperson of the same political party, or where more
17than one person of the same political party is to be nominated
18as a candidate for office or committeeperson, if it appears
19that more than the number of persons to be nominated for an
20office or elected committeeperson have the highest and an
21equal number of votes for the nomination for the same office or
22for election as committeeperson, the election authority by
23which the returns of the primary are canvassed shall decide by
24lot which of said persons shall be nominated or elected, as the
25case may be. In such case the election authority shall issue
26notice in writing to such persons of such tie vote stating

 

 

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1therein the place, the day (which shall not be more than 5 days
2thereafter) and the hour when such nomination or election
3shall be so determined.
4    (b) Except as otherwise provided in this Code, write-in
5Write-in votes shall be counted only for persons who have
6filed notarized declarations of intent to be write-in
7candidates with the proper election authority or authorities
8not later than 61 days prior to the primary. However, whenever
9an objection to a candidate's nominating papers or petitions
10for any office is sustained under Section 10-10 after the 61st
11day before the election, then write-in votes shall be counted
12for that candidate if he or she has filed a notarized
13declaration of intent to be a write-in candidate for that
14office with the proper election authority or authorities not
15later than 7 days prior to the election.
16    Forms for the declaration of intent to be a write-in
17candidate shall be supplied by the election authorities. Such
18declaration shall specify the office for which the person
19seeks nomination or election as a write-in candidate.
20    The election authority or authorities shall deliver a list
21of all persons who have filed such declarations to the
22election judges in the appropriate precincts prior to the
23primary.
24    (c) (1) Notwithstanding any other provisions of this
25Section, where the number of candidates whose names have been
26printed on a party's ballot for nomination for or election to

 

 

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1an office at a primary is less than the number of persons the
2party is entitled to nominate for or elect to the office at the
3primary, a person whose name was not printed on the party's
4primary ballot as a candidate for nomination for or election
5to the office, is not nominated for or elected to that office
6as a result of a write-in vote at the primary unless the number
7of votes he received equals or exceeds the number of
8signatures required on a petition for nomination for that
9office; or unless the number of votes he receives exceeds the
10number of votes received by at least one of the candidates
11whose names were printed on the primary ballot for nomination
12for or election to the same office.
13    (2) Paragraph (1) of this subsection does not apply where
14the number of candidates whose names have been printed on the
15party's ballot for nomination for or election to the office at
16the primary equals or exceeds the number of persons the party
17is entitled to nominate for or elect to the office at the
18primary.
19(Source: P.A. 100-1027, eff. 1-1-19.)
 
20    (10 ILCS 5/7-60)  (from Ch. 46, par. 7-60)
21    Sec. 7-60. Not less than 74 days before the date of the
22general election, the State Board of Elections shall certify
23to the county clerks the names of each of the candidates who
24have been nominated as shown by the proclamation of the State
25Board of Elections as a canvassing board or who have been

 

 

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1nominated to fill a vacancy in nomination and direct the
2election authority to place upon the official ballot for the
3general election the names of such candidates in the same
4manner and in the same order as shown upon the certification,
5except as otherwise provided in this Code Section.
6    Except as otherwise provided in this Code, not Not less
7than 68 days before the date of the general election, each
8county clerk shall certify the names of each of the candidates
9for county offices who have been nominated as shown by the
10proclamation of the county election authority or who have been
11nominated to fill a vacancy in nomination and declare that the
12names of such candidates for the respective offices shall be
13placed upon the official ballot for the general election in
14the same manner and in the same order as shown upon the
15certification, except as otherwise provided by this Section.
16Each county clerk shall place a copy of the certification on
17file in his or her office and at the same time issue to the
18State Board of Elections a copy of such certification. In
19addition, each county clerk in whose county there is a board of
20election commissioners shall, not less than 68 days before the
21date of the general election, issue to such board a copy of the
22certification that has been filed in the county clerk's
23office, together with a copy of the certification that has
24been issued to the clerk by the State Board of Elections, with
25directions to the board of election commissioners to place
26upon the official ballot for the general election in that

 

 

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1election jurisdiction the names of all candidates that are
2listed on such certifications, in the same manner and in the
3same order as shown upon such certifications, except as
4otherwise provided in this Section.
5    Whenever there are two or more persons nominated by the
6same political party for multiple offices for any board, the
7name of the candidate of such party receiving the highest
8number of votes in the primary election as a candidate for such
9office, as shown by the official election returns of the
10primary, shall be certified first under the name of such
11offices, and the names of the remaining candidates of such
12party for such offices shall follow in the order of the number
13of votes received by them respectively at the primary election
14as shown by the official election results.
15    No person who is shown by the final proclamation to have
16been nominated or elected at the primary as a write-in
17candidate shall have his or her name certified unless such
18person shall have filed with the certifying office or board
19within 10 days after the election authority's proclamation a
20statement of candidacy pursuant to Section 7-10, a statement
21pursuant to Section 7-10.1, and a receipt for the filing of a
22statement of economic interests in relation to the unit of
23government to which he or she has been elected or nominated.
24    Each county clerk and board of election commissioners
25shall determine by a fair and impartial method of random
26selection the order of placement of established political

 

 

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1party candidates for the general election ballot. Such
2determination shall be made within 30 days following the
3canvass and proclamation of the results of the general primary
4in the office of the county clerk or board of election
5commissioners and shall be open to the public. Seven days
6written notice of the time and place of conducting such random
7selection shall be given, by each such election authority, to
8the County Chair of each established political party, and to
9each organization of citizens within the election jurisdiction
10which was entitled, under this Article, at the next preceding
11election, to have pollwatchers present on the day of election.
12Each election authority shall post in a conspicuous, open and
13public place, at the entrance of the election authority
14office, notice of the time and place of such lottery. However,
15a board of election commissioners may elect to place
16established political party candidates on the general election
17ballot in the same order determined by the county clerk of the
18county in which the city under the jurisdiction of such board
19is located.
20    Each certification shall indicate, where applicable, the
21following:
22        (1) The political party affiliation of the candidates
23    for the respective offices;
24        (2) If there is to be more than one candidate elected
25    to an office from the State, political subdivision or
26    district;

 

 

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1        (3) If the voter has the right to vote for more than
2    one candidate for an office;
3        (4) The term of office, if a vacancy is to be filled
4    for less than a full term or if the offices to be filled in
5    a political subdivision are for different terms.
6    The State Board of Elections or the county clerk, as the
7case may be, shall issue an amended certification whenever it
8is discovered that the original certification is in error.
9(Source: P.A. 100-1027, eff. 1-1-19.)
 
10    (10 ILCS 5/7-61)  (from Ch. 46, par. 7-61)
11    Sec. 7-61. Whenever a special election is necessary the
12provisions of this Article are applicable to the nomination of
13candidates to be voted for at such special election.
14    In cases where a primary election is required the officer
15or board or commission whose duty it is under the provisions of
16this Act relating to general elections to call an election,
17shall fix a date for the primary for the nomination of
18candidates to be voted for at such special election. Notice of
19such primary shall be given at least 15 days prior to the
20maximum time provided for the filing of petitions for such a
21primary as provided in Section 7-12.
22    Any vacancy in nomination under the provisions of this
23Article 7 occurring on or after the primary and prior to
24certification of candidates by the certifying board or
25officer, must be filled prior to the date of certification.

 

 

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1Any vacancy in nomination occurring after certification but
2prior to 15 days before the general election shall be filled
3within 8 days after the event creating the vacancy. The
4resolution filling the vacancy shall be sent by U. S. mail or
5personal delivery to the certifying officer or board within 3
6days of the action by which the vacancy was filled; provided,
7if such resolution is sent by mail and the U. S. postmark on
8the envelope containing such resolution is dated prior to the
9expiration of such 3 day limit, the resolution shall be deemed
10filed within such 3 day limit. Failure to so transmit the
11resolution within the time specified in this Section shall
12authorize the certifying officer or board to certify the
13original candidate. Vacancies shall be filled by the officers
14of a local municipal or township political party as specified
15in subsection (h) of Section 7-8, other than a statewide
16political party, that is established only within a
17municipality or township and the managing committee (or
18legislative committee in case of a candidate for State Senator
19or representative committee in the case of a candidate for
20State Representative in the General Assembly or State central
21committee in the case of a candidate for statewide office,
22including but not limited to the office of United States
23Senator) of the respective political party for the territorial
24area in which such vacancy occurs.
25    The resolution to fill a vacancy in nomination shall be
26duly acknowledged before an officer qualified to take

 

 

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1acknowledgements of deeds and shall include, upon its face,
2the following information:
3    (a) the name of the original nominee and the office
4vacated;
5    (b) the date on which the vacancy occurred;
6    (c) the name and address of the nominee selected to fill
7the vacancy and the date of selection.
8    The resolution to fill a vacancy in nomination shall be
9accompanied by a Statement of Candidacy, as prescribed in
10Section 7-10, completed by the selected nominee and a receipt
11indicating that such nominee has filed a statement of economic
12interests as required by the Illinois Governmental Ethics Act.
13    The provisions of Section 10-8 through 10-10.1 relating to
14objections to certificates of nomination and nomination
15papers, hearings on objections, and judicial review, shall
16apply to and govern objections to resolutions for filling a
17vacancy in nomination.
18    Any vacancy in nomination occurring 15 days or less before
19the consolidated election or the general election shall not be
20filled. In this event, the certification of the original
21candidate shall stand and his name shall appear on the
22official ballot to be voted at the general election.
23    A vacancy in nomination occurs when a candidate who has
24been nominated under the provisions of this Article 7 dies
25before the election (whether death occurs prior to, on or
26after the day of the primary), or declines the nomination;

 

 

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1provided that nominations may become vacant for other reasons.
2    If the name of no established political party candidate
3was printed on the consolidated primary ballot for a
4particular office and if no person was nominated as a write-in
5candidate for such office, a vacancy in nomination shall be
6created which may be filled in accordance with the
7requirements of this Section. Except as otherwise provided in
8this Code, if If the name of no established political party
9candidate was printed on the general primary ballot for a
10particular office and if no person was nominated as a write-in
11candidate for such office, a vacancy in nomination shall be
12filled only by a person designated by the appropriate
13committee of the political party and only if that designated
14person files nominating petitions with the number of
15signatures required for an established party candidate for
16that office within 75 days after the day of the general
17primary. The circulation period for those petitions begins on
18the day the appropriate committee designates that person. The
19person shall file his or her nominating petitions, statements
20of candidacy, notice of appointment by the appropriate
21committee, and receipt of filing his or her statement of
22economic interests together. These documents shall be filed at
23the same location as provided in Section 7-12. The electoral
24boards having jurisdiction under Section 10-9 to hear and pass
25upon objections to nominating petitions also shall hear and
26pass upon objections to nomination petitions filed by

 

 

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1candidates under this paragraph.
2    A candidate for whom a nomination paper has been filed as a
3partisan candidate at a primary election, and who is defeated
4for his or her nomination at such primary election, is
5ineligible to be listed on the ballot at that general or
6consolidated election as a candidate of another political
7party.
8    A candidate seeking election to an office for which
9candidates of political parties are nominated by caucus who is
10a participant in the caucus and who is defeated for his or her
11nomination at such caucus, is ineligible to be listed on the
12ballot at that general or consolidated election as a candidate
13of another political party.
14    In the proceedings to nominate a candidate to fill a
15vacancy or to fill a vacancy in the nomination, each precinct,
16township, ward, county or congressional district, as the case
17may be, shall through its representative on such central or
18managing committee, be entitled to one vote for each ballot
19voted in such precinct, township, ward, county or
20congressional district, as the case may be, by the primary
21electors of its party at the primary election immediately
22preceding the meeting at which such vacancy is to be filled.
23    For purposes of this Section, the words "certify" and
24"certification" shall refer to the act of officially declaring
25the names of candidates entitled to be printed upon the
26official ballot at an election and directing election

 

 

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1authorities to place the names of such candidates upon the
2official ballot. "Certifying officers or board" shall refer to
3the local election official, election authority or the State
4Board of Elections, as the case may be, with whom nomination
5papers, including certificates of nomination and resolutions
6to fill vacancies in nomination, are filed and whose duty it is
7to "certify" candidates.
8(Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
 
9    (10 ILCS 5/8-5)  (from Ch. 46, par. 8-5)
10    Sec. 8-5. Legislative committees; representative
11committees. There shall be constituted one legislative
12committee for each political party in each legislative
13district and one representative committee for each political
14party in each representative district. Legislative and
15representative committees shall be composed as follows:
16    In legislative or representative districts within or
17including a portion of any county containing 2,000,000 or more
18inhabitants, the legislative or representative committee of a
19political party shall consist of the committeepersons of such
20party representing each township or ward of such county any
21portion of which township or ward is included within such
22legislative or representative district and the chair of each
23county central committee of such party of any county
24containing less than 2,000,000 inhabitants any portion of
25which county is included within such legislative or

 

 

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1representative district.
2    In the remainder of the State, the legislative or
3representative committee of a political party shall consist of
4the chair of each county central committee of such party, any
5portion of which county is included within such legislative or
6representative district; but if a legislative or
7representative district comprises only one county, or part of
8a county, its legislative or representative committee shall
9consist of the chair of the county central committee and 2
10members of the county central committee appointed who reside
11in the legislative or representative district, as the case may
12be, elected by the chair of the county central committee.
13    Within 180 days after the primary of the even-numbered
14year immediately following the decennial redistricting
15required by Section 3 of Article IV of the Illinois
16Constitution of 1970, the ward committeepersons, township
17committeepersons or chairmen of county central committees
18within each of the redistricted legislative and representative
19districts shall meet and proceed to organize by electing from
20among their own number a chair and, either from among their own
21number or otherwise, such other officers as they may deem
22necessary or expedient. The ward committeepersons, township
23committeepersons or chairmen of county central committees
24shall determine the time and place (which shall be in the
25limits of such district) of such meeting. Immediately upon
26completion of organization, the chair shall forward to the

 

 

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1State Board of Elections the names and addresses of the chair
2and secretary of the committee. A vacancy shall occur when a
3member dies, resigns or ceases to reside in the county,
4township or ward which he represented.
5    Within 180 days after the primary of each other
6even-numbered year, each legislative committee and
7representative committee shall meet and proceed to organize by
8electing from among its own number a chair, and either from its
9own number or otherwise, such other officers as each committee
10may deem necessary or expedient. Immediately upon completion
11of organization, the chair shall forward to the State Board of
12Elections, the names and addresses of the chair and secretary
13of the committee. The outgoing chair of such committee shall
14notify the members of the time and place (which shall be in the
15limits of such district) of such meeting. A vacancy shall
16occur when a member dies, resigns, or ceases to reside in the
17county, township or ward, which he represented.
18    If any change is made in the boundaries of any precinct,
19township or ward, the committeeperson previously elected
20therefrom shall continue to serve, as if no boundary change
21had occurred, for the purpose of acting as a member of a
22legislative or representative committee until his successor is
23elected or appointed.
24(Source: P.A. 100-1027, eff. 1-1-19.)
 
25    (10 ILCS 5/8-8)  (from Ch. 46, par. 8-8)

 

 

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1    Sec. 8-8. Form of petition for nomination. The name of no
2candidate for nomination shall be printed upon the primary
3ballot unless a petition for nomination shall have been filed
4in his behalf as provided for in this Section. Each such
5petition shall include as a part thereof the oath required by
6Section 7-10.1 of this Act and a statement of candidacy by the
7candidate filing or in whose behalf the petition is filed.
8This statement shall set out the address of such candidate,
9the office for which he is a candidate, shall state that the
10candidate is a qualified primary voter of the party to which
11the petition relates, is qualified for the office specified
12and has filed a statement of economic interests as required by
13the Illinois Governmental Ethics Act, shall request that the
14candidate's name be placed upon the official ballot and shall
15be subscribed and sworn by such candidate before some officer
16authorized to take acknowledgment of deeds in this State and
17may be in substantially the following form:
18State of Illinois)
19                 ) ss.
20County ..........)
21    I, ...., being first duly sworn, say that I reside at ....
22street in the city (or village of) .... in the county of ....
23State of Illinois; that I am a qualified voter therein and am a
24qualified primary voter of .... party; that I am a candidate
25for nomination to the office of .... to be voted upon at the
26primary election to be held on (insert date); that I am legally

 

 

SB0825 Enrolled- 85 -LRB102 04623 SMS 14642 b

1qualified to hold such office and that I have filed a statement
2of economic interests as required by the Illinois Governmental
3Ethics Act and I hereby request that my name be printed upon
4the official primary ballot for nomination for such office.
5
Signed ....................
6    Subscribed and sworn to (or affirmed) before me by ....,
7who is to me personally known, on (insert date).
8
Signed .... (Official Character)
9
(Seal if officer has one.)
10    The receipt issued by the Secretary of State indicating
11that the candidate has filed the statement of economic
12interests required by the Illinois Governmental Ethics Act
13must be filed with the petitions for nomination as provided in
14subsection (8) of Section 7-12 of this Code.
15    Except as otherwise provided in this Code, all All
16petitions for nomination for the office of State Senator shall
17be signed by at least 1,000 but not more than 3,000 of the
18qualified primary electors of the candidate's party in his
19legislative district.
20    Except as otherwise provided in this Code, all All
21petitions for nomination for the office of Representative in
22the General Assembly shall be signed by at least 500 but not
23more than 1,500 of the qualified primary electors of the
24candidate's party in his or her representative district.
25    Opposite the signature of each qualified primary elector
26who signs a petition for nomination for the office of State

 

 

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1Representative or State Senator such elector's residence
2address shall be written or printed. The residence address
3required to be written or printed opposite each qualified
4primary elector's name shall include the street address or
5rural route number of the signer, as the case may be, as well
6as the signer's county and city, village or town.
7    For the purposes of this Section, the number of primary
8electors shall be determined by taking the total vote cast, in
9the applicable district, for the candidate for such political
10party who received the highest number of votes, state-wide, at
11the last general election in the State at which electors for
12President of the United States were elected.
13    A "qualified primary elector" of a party may not sign
14petitions for or be a candidate in the primary of more than one
15party.
16    In the affidavit at the bottom of each sheet, the petition
17circulator, who shall be a person 18 years of age or older who
18is a citizen of the United States, shall state his or her
19street address or rural route number, as the case may be, as
20well as his or her county, city, village or town, and state;
21and shall certify that the signatures on that sheet of the
22petition were signed in his or her presence; and shall certify
23that the signatures are genuine; and shall certify that to the
24best of his or her knowledge and belief the persons so signing
25were at the time of signing the petition qualified primary
26voters for which the nomination is sought.

 

 

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1    In the affidavit at the bottom of each petition sheet, the
2petition circulator shall either (1) indicate the dates on
3which he or she circulated that sheet, or (2) indicate the
4first and last dates on which the sheet was circulated, or (3)
5certify that none of the signatures on the sheet were signed
6more than 90 days preceding the last day for the filing of the
7petition. No petition sheet shall be circulated more than 90
8days preceding the last day provided in Section 8-9 for the
9filing of such petition.
10    All petition sheets which are filed with the State Board
11of Elections shall be the original sheets which have been
12signed by the voters and by the circulator, and not
13photocopies or duplicates of such sheets.
14    The person circulating the petition, or the candidate on
15whose behalf the petition is circulated, may strike any
16signature from the petition, provided that:
17        (1) the person striking the signature shall initial
18    the petition at the place where the signature is struck;
19    and
20        (2) the person striking the signature shall sign a
21    certification listing the page number and line number of
22    each signature struck from the petition. Such
23    certification shall be filed as a part of the petition.
24(Source: P.A. 97-81, eff. 7-5-11.)
 
25    (10 ILCS 5/8-8.1)  (from Ch. 46, par. 8-8.1)

 

 

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1    Sec. 8-8.1. In the designation of the name of a candidate
2on a petition for nomination, the candidate's given name or
3names, initial or initials, a nickname by which the candidate
4is commonly known, or a combination thereof, may be used in
5addition to the candidate's surname. If a candidate has
6changed his or her name, whether by a statutory or common law
7procedure in Illinois or any other jurisdiction, within 3
8years before the last day for filing the petition for that
9office, then (i) the candidate's name on the petition must be
10followed by "formerly known as (list all prior names during
11the 3-year period) until name changed on (list date of each
12such name change)" and (ii) the petition must be accompanied
13by the candidate's affidavit stating the candidate's previous
14names during the period specified in (i) and the date or dates
15each of those names was changed; failure to meet these
16requirements shall be grounds for denying certification of the
17candidate's name for the ballot or removing the candidate's
18name from the ballot, as appropriate, but these requirements
19do not apply to name changes resulting from adoption to assume
20an adoptive parent's or parents' surname, marriage or civil
21union to assume a spouse's surname, or dissolution of marriage
22or civil union or declaration of invalidity of marriage or
23civil union to assume a former surname or a name change that
24conforms the candidate's name to his or her gender identity.
25No other designation such as a political slogan, title, or
26degree, or nickname suggesting or implying possession of a

 

 

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1title, degree or professional status, or similar information
2may be used in connection with the candidate's surname.
3(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
 
4    (10 ILCS 5/8-10)  (from Ch. 46, par. 8-10)
5    Sec. 8-10. Except as otherwise provided in this Code, not
6Not less than 68 days prior to the date of the primary, the
7State Board of Elections shall certify to the county clerk for
8each county, the names of all candidates for legislative
9offices, as specified in the petitions for nominations on file
10in its office, which are to be voted for in such county,
11stating in such certificates the political affiliation of each
12candidate for nomination, as specified in the petitions. The
13State Board of Elections shall, in its certificate to the
14county clerk, certify to the county clerk the names of the
15candidates in the order in which the names shall appear upon
16the primary ballot, the names to appear in the order in which
17petitions have been filed.
18    Not less than 62 days prior to the date of the primary, the
19county clerk shall certify to the board of election
20commissioners if there be any such board in his county, the
21names of all candidates so certified to him by the State Board
22of Elections in the districts wholly or partly within the
23jurisdiction of said board and in the order in which such names
24are certified to him.
25(Source: P.A. 97-81, eff. 7-5-11.)
 

 

 

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1    (10 ILCS 5/8-17)  (from Ch. 46, par. 8-17)
2    Sec. 8-17. The death of any candidate prior to, or on, the
3date of the primary shall not affect the canvass of the
4ballots. If the result of such canvass discloses that such
5candidate, if he had lived, would have been nominated, such
6candidate shall be declared nominated.
7    In the event that a candidate of a party who has been
8nominated under the provisions of this Article shall die
9before election (whether death occurs prior to, or on, or
10after, the date of the primary) or decline the nomination or
11should the nomination for any other reason become vacant, the
12legislative or representative committee of such party for such
13district shall nominate a candidate of such party to fill such
14vacancy. However, if there was no candidate for the nomination
15of the party in the primary, except as otherwise provided in
16this Code, no candidate of that party for that office may be
17listed on the ballot at the general election, unless the
18legislative or representative committee of the party nominates
19a candidate to fill the vacancy in nomination within 75 days
20after the date of the general primary election. Vacancies in
21nomination occurring under this Article shall be filled by the
22appropriate legislative or representative committee in
23accordance with the provisions of Section 7-61 of this Code.
24In proceedings to fill the vacancy in nomination, the voting
25strength of the members of the legislative or representative

 

 

SB0825 Enrolled- 91 -LRB102 04623 SMS 14642 b

1committee shall be as provided in Section 8-6.
2(Source: P.A. 96-1008, eff. 7-6-10.)
 
3    (10 ILCS 5/9-8.10)
4    Sec. 9-8.10. Use of political committee and other
5reporting organization funds.
6    (a) A political committee shall not make expenditures:
7        (1) In violation of any law of the United States or of
8    this State.
9        (2) Clearly in excess of the fair market value of the
10    services, materials, facilities, or other things of value
11    received in exchange.
12        (3) For satisfaction or repayment of any debts other
13    than loans made to the committee or to the public official
14    or candidate on behalf of the committee or repayment of
15    goods and services purchased by the committee under a
16    credit agreement. Nothing in this Section authorizes the
17    use of campaign funds to repay personal loans. The
18    repayments shall be made by check written to the person
19    who made the loan or credit agreement. The terms and
20    conditions of any loan or credit agreement to a committee
21    shall be set forth in a written agreement, including but
22    not limited to the method and amount of repayment, that
23    shall be executed by the chair or treasurer of the
24    committee at the time of the loan or credit agreement. The
25    loan or agreement shall also set forth the rate of

 

 

SB0825 Enrolled- 92 -LRB102 04623 SMS 14642 b

1    interest for the loan, if any, which may not substantially
2    exceed the prevailing market interest rate at the time the
3    agreement is executed.
4        (4) For the satisfaction or repayment of any debts or
5    for the payment of any expenses relating to a personal
6    residence. Campaign funds may not be used as collateral
7    for home mortgages.
8        (5) For clothing or personal laundry expenses, except
9    clothing items rented by the public official or candidate
10    for his or her own use exclusively for a specific
11    campaign-related event, provided that committees may
12    purchase costumes, novelty items, or other accessories
13    worn primarily to advertise the candidacy.
14        (6) For the travel expenses of any person unless the
15    travel is necessary for fulfillment of political,
16    governmental, or public policy duties, activities, or
17    purposes.
18        (7) For membership or club dues charged by
19    organizations, clubs, or facilities that are primarily
20    engaged in providing health, exercise, or recreational
21    services; provided, however, that funds received under
22    this Article may be used to rent the clubs or facilities
23    for a specific campaign-related event.
24        (8) In payment for anything of value or for
25    reimbursement of any expenditure for which any person has
26    been reimbursed by the State or any person. For purposes

 

 

SB0825 Enrolled- 93 -LRB102 04623 SMS 14642 b

1    of this item (8), a per diem allowance is not a
2    reimbursement.
3        (9) For the lease or purchase of or installment
4    payment for a motor vehicle unless the political committee
5    can demonstrate that purchase of a motor vehicle is more
6    cost-effective than leasing a motor vehicle as permitted
7    under this item (9). A political committee may lease or
8    purchase and insure, maintain, and repair a motor vehicle
9    if the vehicle will be used primarily for campaign
10    purposes or for the performance of governmental duties.
11    Nothing in this paragraph prohibits a political committee
12    from using political funds to make expenditures related to
13    vehicles not purchased or leased by a political committee,
14    provided the expenditure relates to the use of the vehicle
15    for primarily campaign purposes or the performance of
16    governmental duties. A committee shall not make
17    expenditures for use of the vehicle for non-campaign or
18    non-governmental purposes. Persons using vehicles not
19    purchased or leased by a political committee may be
20    reimbursed for actual mileage for the use of the vehicle
21    for campaign purposes or for the performance of
22    governmental duties. The mileage reimbursements shall be
23    made at a rate not to exceed the standard mileage rate
24    method for computation of business expenses under the
25    Internal Revenue Code.
26        (10) Directly for an individual's tuition or other

 

 

SB0825 Enrolled- 94 -LRB102 04623 SMS 14642 b

1    educational expenses, except for governmental or political
2    purposes directly related to a candidate's or public
3    official's duties and responsibilities.
4        (11) For payments to a public official or candidate or
5    his or her family member unless for compensation for
6    services actually rendered by that person. The provisions
7    of this item (11) do not apply to expenditures by a
8    political committee for expenses related to providing
9    childcare for a minor child or care for a dependent family
10    member if the care is reasonably necessary for the public
11    official or candidate to fulfill political or governmental
12    duties. The provisions of this item (11) do not apply to
13    expenditures by a political committee in an aggregate
14    amount not exceeding the amount of funds reported to and
15    certified by the State Board or county clerk as available
16    as of June 30, 1998, in the semi-annual report of
17    contributions and expenditures filed by the political
18    committee for the period concluding June 30, 1998.
19    (b) The Board shall have the authority to investigate,
20upon receipt of a verified complaint, violations of the
21provisions of this Section. The Board may levy a fine on any
22person who knowingly makes expenditures in violation of this
23Section and on any person who knowingly makes a malicious and
24false accusation of a violation of this Section. The Board may
25act under this subsection only upon the affirmative vote of at
26least 5 of its members. The fine shall not exceed $500 for each

 

 

SB0825 Enrolled- 95 -LRB102 04623 SMS 14642 b

1expenditure of $500 or less and shall not exceed the amount of
2the expenditure plus $500 for each expenditure greater than
3$500. The Board shall also have the authority to render
4rulings and issue opinions relating to compliance with this
5Section.
6    (c) Nothing in this Section prohibits the expenditure of
7funds of a political committee controlled by an officeholder
8or by a candidate to defray the customary and reasonable
9expenses of an officeholder in connection with the performance
10of governmental and public service functions.
11    (d) Nothing in this Section prohibits the funds of a
12political committee which is controlled by a person convicted
13of a violation of any of the offenses listed in subsection (a)
14of Section 10 of the Public Corruption Profit Forfeiture Act
15from being forfeited to the State under Section 15 of the
16Public Corruption Profit Forfeiture Act.
17(Source: P.A. 100-1027, eff. 1-1-19.)
 
18    (10 ILCS 5/9-13)  (from Ch. 46, par. 9-13)
19    Sec. 9-13. Audits of political committees.
20    (a) The Board shall have the authority to order a
21political committee to conduct an audit of the financial
22records required to be maintained by the committee to ensure
23compliance with Sections 9-8.5 and 9-10. Audits ordered by the
24Board shall be conducted as provided in this Section and as
25provided by Board rule.

 

 

SB0825 Enrolled- 96 -LRB102 04623 SMS 14642 b

1    (b) The Board may order a political committee to conduct
2an audit of its financial records for any of the following
3reasons: (i) a discrepancy between the ending balance of a
4reporting period and the beginning balance of the next
5reporting period, (ii) failure to account for previously
6reported investments or loans, or (iii) a discrepancy between
7reporting contributions received by or expenditures made for a
8political committee that are reported by another political
9committee, except the Board shall not order an audit pursuant
10to this item (iii) unless there is a willful pattern of
11inaccurate reporting or there is a pattern of similar
12inaccurate reporting involving similar contributions by the
13same contributor. Prior to ordering an audit, the Board shall
14afford the political committee due notice and an opportunity
15for a closed preliminary hearing. A political committee shall
16hire an entity qualified to perform an audit; except, a
17political committee shall not hire a person that has
18contributed to the political committee during the previous 4
19years.
20    (c) In each calendar year, the Board shall randomly select
21order no more than 3% of registered political committees to
22conduct an audit. The Board shall establish a standard,
23scientific method of selecting the political committees that
24are to be audited so that every political committee has an
25equal mathematical chance of being selected. A political
26committee selected to conduct an audit through the random

 

 

SB0825 Enrolled- 97 -LRB102 04623 SMS 14642 b

1selection process shall only be required to conduct the audit
2if it was required to file at least one quarterly report during
3the period to be covered by the audit and has: (i) a fund
4balance of $10,000 or more as of the close of the most recent
5reporting period; (ii) an average closing fund balance of
6$10,000 or more on quarterly reports occurring during the
72-year period to be covered by the audit; or (iii) average
8total receipts of $10,000 or more on quarterly reports
9occurring during the 2-year period to be covered by the audit.
10Notwithstanding any other provision of this subsection, a
11political committee owing unpaid fines at the time of its
12random selection shall be ordered to conduct an audit. The
13Board shall not select additional registered political
14committees to conduct an audit to replace any of the
15originally selected political committees.
16    (d) Upon receipt of notification from the Board ordering
17an audit, a political committee shall conduct an audit of the
18financial records required to be maintained by the committee
19to ensure compliance with the contribution limitations
20established in Section 9-8.5 and the reporting requirements
21established in Section 9-3 and Section 9-10 for a period of 2
22years from the close of the most recent reporting period or the
23period since the committee was previously ordered to conduct
24an audit, whichever is shorter. The entity performing the
25audit shall review the amount of funds and investments
26maintained by the political committee and ensure the financial

 

 

SB0825 Enrolled- 98 -LRB102 04623 SMS 14642 b

1records accurately account for any contributions and
2expenditures made by the political committee. A certified copy
3of the audit shall be delivered to the Board within 60 calendar
4days after receipt of notice from the Board, unless the Board
5grants an extension to complete the audit. A political
6committee ordered to conduct an audit through the random
7selection process shall not be required to conduct another
8audit for a minimum of 5 years unless the Board has reason to
9believe the political committee is in violation of Section
109-3, 9-8.5, or 9-10.
11    (e) The Board shall not disclose the name of any political
12committee ordered to conduct an audit or any documents in
13possession of the Board related to an audit unless, after
14review of the audit findings, the Board has reason to believe
15the political committee is in violation of Section 9-3, 9-8.5,
16or 9-10 and the Board imposed a fine.
17    (f) Failure to deliver a certified audit in a timely
18manner is a business offense punishable by a fine of $250 per
19day that the audit is late, up to a maximum of $5,000.
20(Source: P.A. 100-784, eff. 8-10-18.)
 
21    (10 ILCS 5/10-3)  (from Ch. 46, par. 10-3)
22    Sec. 10-3. Nomination of independent candidates (not
23candidates of any political party), for any office to be
24filled by the voters of the State at large may also be made by
25nomination papers signed in the aggregate for each candidate

 

 

SB0825 Enrolled- 99 -LRB102 04623 SMS 14642 b

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

 

 

SB0825 Enrolled- 100 -LRB102 04623 SMS 14642 b

1nomination papers for an independent candidate for State
2Senator in the General Assembly shall be signed by at least
33,000 qualified voters of the legislative district. For the
4first election following a redistricting of representative
5districts, nomination papers for an independent candidate for
6State Representative in the General Assembly shall be signed
7by at least 1,500 qualified voters of the representative
8district. For the first election following redistricting of
9county board districts, or of municipal wards or districts, or
10for the first election following the initial establishment of
11such districts or wards in a county or municipality,
12nomination papers for an independent candidate for county
13board member, or for alderperson alderman or trustee of such
14municipality, shall be signed by qualified voters of the
15district or ward equal to not less than 5% nor more than 8% (or
1650 more than the minimum, whichever is greater) of the total
17number of votes cast at the preceding general or general
18municipal election, as the case may be, for the county or
19municipal office voted on throughout such county or
20municipality for which the greatest total number of votes were
21cast for all candidates, divided by the number of districts or
22wards, but in any event not less than 25 qualified voters of
23the district or ward. Each voter signing a nomination paper
24shall add to his signature his place of residence, and each
25voter may subscribe to one nomination for such office to be
26filled, and no more: Provided that the name of any candidate

 

 

SB0825 Enrolled- 101 -LRB102 04623 SMS 14642 b

1whose name may appear in any other place upon the ballot shall
2not be so added by petition for the same office.
3    The person circulating the petition, or the candidate on
4whose behalf the petition is circulated, may strike any
5signature from the petition, provided that;
6        (1) the person striking the signature shall initial
7    the petition at the place where the signature is struck;
8    and
9        (2) the person striking the signature shall sign a
10    certification listing the page number and line number of
11    each signature struck from the petition. Such
12    certification shall be filed as a part of the petition.
13        (3) the persons striking signatures from the petition
14    shall each sign an additional certificate specifying the
15    number of certification pages listing stricken signatures
16    which are attached to the petition and the page numbers
17    indicated on such certifications. The certificate shall be
18    filed as a part of the petition, shall be numbered, and
19    shall be attached immediately following the last page of
20    voters' signatures and before the certifications of
21    stricken signatures.
22        (4) all of the foregoing requirements shall be
23    necessary to effect a valid striking of any signature. The
24    provisions of this Section authorizing the striking of
25    signatures shall not impose any criminal liability on any
26    person so authorized for signatures which may be

 

 

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1    fraudulent.
2    In the case of the offices of Governor and Lieutenant
3Governor a joint petition including one candidate for each of
4those offices must be filed.
5    A candidate for whom a nomination paper has been filed as a
6partisan candidate at a primary election, and who is defeated
7for his or her nomination at the primary election, is
8ineligible to be placed on the ballot as an independent
9candidate for election in that general or consolidated
10election.
11    A candidate seeking election to an office for which
12candidates of political parties are nominated by caucus who is
13a participant in the caucus and who is defeated for his or her
14nomination at such caucus, is ineligible to be listed on the
15ballot at that general or consolidated election as an
16independent candidate.
17(Source: P.A. 95-699, eff. 11-9-07.)
 
18    (10 ILCS 5/10-4)  (from Ch. 46, par. 10-4)
19    Sec. 10-4. Form of petition for nomination. All petitions
20for nomination under this Article 10 for candidates for public
21office in this State, shall in addition to other requirements
22provided by law, be as follows: Such petitions shall consist
23of sheets of uniform size and each sheet shall contain, above
24the space for signature, an appropriate heading, giving the
25information as to name of candidate or candidates in whose

 

 

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1behalf such petition is signed; the office; the party; place
2of residence; and such other information or wording as
3required to make same valid, and the heading of each sheet
4shall be the same. Such petition shall be signed by the
5qualified voters in their own proper persons only, and
6opposite the signature of each signer his residence address
7shall be written or printed. The residence address required to
8be written or printed opposite each qualified primary
9elector's name shall include the street address or rural route
10number of the signer, as the case may be, as well as the
11signer's county, and city, village or town, and state.
12However, the county or city, village or town, and state of
13residence of such electors may be printed on the petition
14forms where all of the electors signing the petition reside in
15the same county or city, village or town, and state. Standard
16abbreviations may be used in writing the residence address,
17including street number, if any. Except as otherwise provided
18in this Code, no No signature shall be valid or be counted in
19considering the validity or sufficiency of such petition
20unless the requirements of this Section are complied with. At
21the bottom of each sheet of such petition shall be added a
22circulator's statement, signed by a person 18 years of age or
23older who is a citizen of the United States; stating the street
24address or rural route number, as the case may be, as well as
25the county, city, village or town, and state; certifying that
26the signatures on that sheet of the petition were signed in his

 

 

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1or her presence; certifying that the signatures are genuine;
2and either (1) indicating the dates on which that sheet was
3circulated, or (2) indicating the first and last dates on
4which the sheet was circulated, or (3) certifying that none of
5the signatures on the sheet were signed more than 90 days
6preceding the last day for the filing of the petition; and
7certifying that to the best of his knowledge and belief the
8persons so signing were at the time of signing the petition
9duly registered voters under Articles 4, 5 or 6 of the Code of
10the political subdivision or district for which the candidate
11or candidates shall be nominated, and certifying that their
12respective residences are correctly stated therein. Such
13statement shall be sworn to before some officer authorized to
14administer oaths in this State. Except as otherwise provided
15in this Code, no No petition sheet shall be circulated more
16than 90 days preceding the last day provided in Section 10-6
17for the filing of such petition. Such sheets, before being
18presented to the electoral board or filed with the proper
19officer of the electoral district or division of the state or
20municipality, as the case may be, shall be neatly fastened
21together in book form, by placing the sheets in a pile and
22fastening them together at one edge in a secure and suitable
23manner, and the sheets shall then be numbered consecutively.
24The sheets shall not be fastened by pasting them together end
25to end, so as to form a continuous strip or roll. All petition
26sheets which are filed with the proper local election

 

 

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1officials, election authorities or the State Board of
2Elections shall be the original sheets which have been signed
3by the voters and by the circulator, and not photocopies or
4duplicates of such sheets. A petition, when presented or
5filed, shall not be withdrawn, altered, or added to, and no
6signature shall be revoked except by revocation in writing
7presented or filed with the officers or officer with whom the
8petition is required to be presented or filed, and before the
9presentment or filing of such petition. Whoever forges any
10name of a signer upon any petition shall be deemed guilty of a
11forgery, and on conviction thereof, shall be punished
12accordingly. The word "petition" or "petition for nomination",
13as used herein, shall mean what is sometimes known as
14nomination papers, in distinction to what is known as a
15certificate of nomination. The words "political division for
16which the candidate is nominated", or its equivalent, shall
17mean the largest political division in which all qualified
18voters may vote upon such candidate or candidates, as the
19state in the case of state officers; the township in the case
20of township officers et cetera. Provided, further, that no
21person shall circulate or certify petitions for candidates of
22more than one political party, or for an independent candidate
23or candidates in addition to one political party, to be voted
24upon at the next primary or general election, or for such
25candidates and parties with respect to the same political
26subdivision at the next consolidated election.

 

 

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1(Source: P.A. 98-756, eff. 7-16-14.)
 
2    (10 ILCS 5/10-5.1)  (from Ch. 46, par. 10-5.1)
3    Sec. 10-5.1. In the designation of the name of a candidate
4on a certificate of nomination or nomination papers the
5candidate's given name or names, initial or initials, a
6nickname by which the candidate is commonly known, or a
7combination thereof, may be used in addition to the
8candidate's surname. If a candidate has changed his or her
9name, whether by a statutory or common law procedure in
10Illinois or any other jurisdiction, within 3 years before the
11last day for filing the certificate of nomination or
12nomination papers for that office, whichever is applicable,
13then (i) the candidate's name on the certificate or papers
14must be followed by "formerly known as (list all prior names
15during the 3-year period) until name changed on (list date of
16each such name change)" and (ii) the certificate or paper must
17be accompanied by the candidate's affidavit stating the
18candidate's previous names during the period specified in (i)
19and the date or dates each of those names was changed; failure
20to meet these requirements shall be grounds for denying
21certification of the candidate's name for the ballot or
22removing the candidate's name from the ballot, as appropriate,
23but these requirements do not apply to name changes resulting
24from adoption to assume an adoptive parent's or parents'
25surname, marriage or civil union to assume a spouse's surname,

 

 

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1or dissolution of marriage or civil union or declaration of
2invalidity of marriage or civil union to assume a former
3surname or a name change that conforms the candidate's name to
4his or her gender identity. No other designation such as a
5political slogan, title, or degree, or nickname suggesting or
6implying possession of a title, degree or professional status,
7or similar information may be used in connection with the
8candidate's surname.
9(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
 
10    (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
11    Sec. 10-6. Time and manner of filing. Except as otherwise
12provided in this Code, certificates Certificates of nomination
13and nomination papers for the nomination of candidates for
14offices to be filled by electors of the entire State, or any
15district not entirely within a county, or for congressional,
16state legislative or judicial offices, shall be presented to
17the principal office of the State Board of Elections not more
18than 141 nor less than 134 days previous to the day of election
19for which the candidates are nominated. The State Board of
20Elections shall endorse the certificates of nomination or
21nomination papers, as the case may be, and the date and hour of
22presentment to it. Except as otherwise provided in this Code
23section, all other certificates for the nomination of
24candidates shall be filed with the county clerk of the
25respective counties not more than 141 but at least 134 days

 

 

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1previous to the day of such election. Certificates of
2nomination and nomination papers for the nomination of
3candidates for school district offices to be filled at
4consolidated elections shall be filed with the county clerk or
5county board of election commissioners of the county in which
6the principal office of the school district is located not
7more than 113 nor less than 106 days before the consolidated
8election. Except as otherwise provided in this Code,
9certificates Certificates of nomination and nomination papers
10for the nomination of candidates for the other offices of
11political subdivisions to be filled at regular elections other
12than the general election shall be filed with the local
13election official of such subdivision:
14        (1) (Blank);
15        (2) not more than 113 nor less than 106 days prior to
16    the consolidated election; or
17        (3) not more than 113 nor less than 106 days prior to
18    the general primary in the case of municipal offices to be
19    filled at the general primary election; or
20        (4) not more than 99 nor less than 92 days before the
21    consolidated primary in the case of municipal offices to
22    be elected on a nonpartisan basis pursuant to law
23    (including without limitation, those municipal offices
24    subject to Articles 4 and 5 of the Municipal Code); or
25        (5) not more than 113 nor less than 106 days before the
26    municipal primary in even numbered years for such

 

 

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1    nonpartisan municipal offices where annual elections are
2    provided; or
3        (6) in the case of petitions for the office of
4    multi-township assessor, such petitions shall be filed
5    with the election authority not more than 113 nor less
6    than 106 days before the consolidated election.
7    However, where a political subdivision's boundaries are
8co-extensive with or are entirely within the jurisdiction of a
9municipal board of election commissioners, the certificates of
10nomination and nomination papers for candidates for such
11political subdivision offices shall be filed in the office of
12such Board.
13(Source: P.A. 98-691, eff. 7-1-14; 99-522, eff. 6-30-16.)
 
14    (10 ILCS 5/10-7)  (from Ch. 46, par. 10-7)
15    Sec. 10-7. Except as otherwise provided in this Code, any
16Any person whose name has been presented as a candidate,
17including nonpartisan and independent candidates, may cause
18his name to be withdrawn from any such nomination by his
19request in writing, signed by him and duly acknowledged before
20an officer qualified to take acknowledgment of deeds, and
21presented to the principal office or permanent branch office
22of the Board, the election authority, or the local election
23official, as the case may be, not later than the date for
24certification of candidates for the ballot. No name so
25withdrawn shall be printed upon the ballots under the party

 

 

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1appellation or title from which the candidate has withdrawn
2his name. If such a request for withdrawal is received after
3the date for certification of the candidates for the ballot,
4then the votes cast for the withdrawn candidate are invalid
5and shall not be reported by the election authority. If the
6name of the same person has been presented as a candidate for 2
7or more offices which are incompatible so that the same person
8could not serve in more than one of such offices if elected,
9that person must withdraw as a candidate for all but one of
10such offices within the 5 business days following the last day
11for petition filing. If he fails to withdraw as a candidate for
12all but one of such offices within such time, his name shall
13not be certified, nor printed on the ballot, for any office.
14However, nothing in this section shall be construed as
15precluding a judge who is seeking retention in office from
16also being a candidate for another judicial office. Except as
17otherwise herein provided, in case the certificate of
18nomination or petition as provided for in this Article shall
19contain or exhibit the name of any candidate for any office
20upon more than one of said certificates or petitions (for the
21same office), then and in that case the Board or election
22authority or local election official, as the case may be,
23shall immediately notify said candidate of said fact and that
24his name appears unlawfully upon more than one of said
25certificates or petitions and that within 3 days from the
26receipt of said notification, said candidate must elect as to

 

 

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1which of said political party appellations or groups he
2desires his name to appear and remain under upon said ballot,
3and if said candidate refuses, fails or neglects to make such
4election, then and in that case the Board or election
5authority or local election official, as the case may be,
6shall permit the name of said candidate to appear or be printed
7or placed upon said ballot only under the political party
8appellation or group appearing on the certificate of
9nomination or petition, as the case may be, first filed, and
10shall strike or cause to be stricken the name of said candidate
11from all certificates of nomination and petitions filed after
12the first such certificate of nomination or petition.
13    Whenever the name of a candidate for an office is
14withdrawn from a new political party petition, it shall
15constitute a vacancy in nomination for that office which may
16be filled in accordance with Section 10-11 of this Article;
17provided, that if the names of all candidates for all offices
18on a new political party petition are withdrawn or such
19petition is declared invalid by an electoral board or upon
20judicial review, no vacancies in nomination for those offices
21shall exist and the filing of any notice or resolution
22purporting to fill vacancies in nomination shall have no legal
23effect.
24    Whenever the name of an independent candidate for an
25office is withdrawn or an independent candidate's petition is
26declared invalid by an electoral board or upon judicial

 

 

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1review, no vacancy in nomination for that office shall exist
2and the filing of any notice or resolution purporting to fill a
3vacancy in nomination shall have no legal effect.
4    All certificates of nomination and nomination papers when
5presented or filed shall be open, under proper regulation, to
6public inspection, and the State Board of Elections and the
7several election authorities and local election officials
8having charge of nomination papers shall preserve the same in
9their respective offices not less than 6 months.
10(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15.)
 
11    (10 ILCS 5/10-8)  (from Ch. 46, par. 10-8)
12    Sec. 10-8. Except as otherwise provided in this Code,
13certificates Certificates of nomination and nomination papers,
14and petitions to submit public questions to a referendum,
15being filed as required by this Code, and being in apparent
16conformity with the provisions of this Act, shall be deemed to
17be valid unless objection thereto is duly made in writing
18within 5 business days after the last day for filing the
19certificate of nomination or nomination papers or petition for
20a public question, with the following exceptions:
21        A. In the case of petitions to amend Article IV of the
22    Constitution of the State of Illinois, there shall be a
23    period of 35 business days after the last day for the
24    filing of such petitions in which objections can be filed.
25        B. In the case of petitions for advisory questions of

 

 

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1    public policy to be submitted to the voters of the entire
2    State, there shall be a period of 35 business days after
3    the last day for the filing of such petitions in which
4    objections can be filed.
5    Any legal voter of the political subdivision or district
6in which the candidate or public question is to be voted on, or
7any legal voter in the State in the case of a proposed
8amendment to Article IV of the Constitution or an advisory
9public question to be submitted to the voters of the entire
10State, having objections to any certificate of nomination or
11nomination papers or petitions filed, shall file an objector's
12petition together with 2 copies thereof in the principal
13office or the permanent branch office of the State Board of
14Elections, or in the office of the election authority or local
15election official with whom the certificate of nomination,
16nomination papers or petitions are on file. Objection
17petitions that do not include 2 copies thereof, shall not be
18accepted. In the case of nomination papers or certificates of
19nomination, the State Board of Elections, election authority
20or local election official shall note the day and hour upon
21which such objector's petition is filed, and shall, not later
22than 12:00 noon on the second business day after receipt of the
23petition, transmit by registered mail or receipted personal
24delivery the certificate of nomination or nomination papers
25and the original objector's petition to the chair of the
26proper electoral board designated in Section 10-9 hereof, or

 

 

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

 

 

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1transmit a copy by registered mail or receipted personal
2delivery, of the objector's petition to the person designated
3on a certificate attached to the petition as the principal
4proponent of the public question, or as the proponent's
5attorney, for the purposes of receiving notice of objections.
6    The objector's petition shall give the objector's name and
7residence address, and shall state fully the nature of the
8objections to the certificate of nomination or nomination
9papers or petitions in question, and shall state the interest
10of the objector and shall state what relief is requested of the
11electoral board.
12    The provisions of this Section and of Sections 10-9, 10-10
13and 10-10.1 shall also apply to and govern objections to
14petitions for nomination filed under Article 7 or Article 8,
15except as otherwise provided in Section 7-13 for cases to
16which it is applicable, and also apply to and govern petitions
17for the submission of public questions under Article 28.
18(Source: P.A. 100-1027, eff. 1-1-19.)
 
19    (10 ILCS 5/10-14)  (from Ch. 46, par. 10-14)
20    Sec. 10-14. Except as otherwise provided in this Code, not
21Not less than 74 days before the date of the general election
22the State Board of Elections shall certify to the county clerk
23of each county the name of each candidate whose nomination
24papers, certificate of nomination or resolution to fill a
25vacancy in nomination has been filed with the State Board of

 

 

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1Elections and direct the county clerk to place upon the
2official ballot for the general election the names of such
3candidates in the same manner and in the same order as shown
4upon the certification. The name of no candidate for an office
5to be filled by the electors of the entire state shall be
6placed upon the official ballot unless his name is duly
7certified to the county clerk upon a certificate signed by the
8members of the State Board of Elections. The names of group
9candidates on petitions shall be certified to the several
10county clerks in the order in which such names appear on such
11petitions filed with the State Board of Elections.
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 whose nomination papers, certificates of
16nomination or resolutions to fill a vacancy in nomination have
17been filed with such clerk and declare that the names of such
18candidates for the respective offices shall be placed upon the
19official ballot for the general election in the same manner
20and in the same order as shown upon the certification. Each
21county clerk shall place a copy of the certification on file in
22his or her office and at the same time issue to the State Board
23of Elections a copy of such certification. In addition, each
24county clerk in whose county there is a board of election
25commissioners shall, not less than 69 days before the
26election, certify to the board of election commissioners the

 

 

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1name of the person or persons nominated for such office as
2shown by the certificate of the State Board of Elections,
3together with the names of all other candidates as shown by the
4certification of county officers on file in the clerk's
5office, and in the order so certified. The county clerk or
6board of election commissioners shall print the names of the
7nominees on the ballot for each office in the order in which
8they are certified to or filed with the county clerk;
9provided, that in printing the name of nominees for any
10office, if any of such nominees have also been nominated by one
11or more political parties pursuant to this Act, the location
12of the name of such candidate on the ballot for nominations
13made under this Article shall be precisely in the same order in
14which it appears on the certification of the State Board of
15Elections to the county clerk.
16    For the general election, the candidates of new political
17parties shall be placed on the ballot for said election after
18the established political party candidates and in the order of
19new political party petition filings.
20    Each certification shall indicate, where applicable, the
21following:
22        (1) The political party affiliation if any, of the
23    candidates for the respective offices;
24        (2) If there is to be more than one candidate elected
25    to an office from the State, political subdivision or
26    district;

 

 

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1        (3) If the voter has the right to vote for more than
2    one candidate for an office;
3        (4) The term of office, if a vacancy is to be filled
4    for less than a full term or if the offices to be filled in
5    a political subdivision are for different terms.
6    The State Board of Elections or the county clerk, as the
7case may be, shall issue an amended certification whenever it
8is discovered that the original certification is in error.
9(Source: P.A. 96-1008, eff. 7-6-10.)
 
10    (10 ILCS 5/11-8 new)
11    Sec. 11-8. Vote centers.
12    (a) Notwithstanding any law to the contrary, election
13authorities shall establish one location to be located at an
14office of the election authority or in the largest
15municipality within its jurisdiction where all voters in its
16jurisdiction are allowed to vote on election day during
17polling place hours, regardless of the precinct in which they
18are registered. An election authority establishing such a
19location under this Section shall identify the location, hours
20of operation, and health and safety requirements by the 40th
21day preceding the 2022 general primary election and certify
22such to the State Board of Elections.
23    (b) This Section is repealed on January 1, 2023.
 
24    (10 ILCS 5/16-3)  (from Ch. 46, par. 16-3)

 

 

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1    Sec. 16-3. (a) The names of all candidates to be voted for
2in each election district or precinct shall be printed on one
3ballot, except as is provided in Sections 16-6.1 and 21-1.01
4of this Act and except as otherwise provided in this Act with
5respect to the odd year regular elections and the emergency
6referenda; all nominations of any political party being placed
7under the party appellation or title of such party as
8designated in the certificates of nomination or petitions. The
9names of all independent candidates shall be printed upon the
10ballot in a column or columns under the heading "independent"
11arranged under the names or titles of the respective offices
12for which such independent candidates shall have been
13nominated and so far as practicable, the name or names of any
14independent candidate or candidates for any office shall be
15printed upon the ballot opposite the name or names of any
16candidate or candidates for the same office contained in any
17party column or columns upon said ballot. The ballot shall
18contain no other names, except that in cases of electors for
19President and Vice-President of the United States, the names
20of the candidates for President and Vice-President may be
21added to the party designation and words calculated to aid the
22voter in his choice of candidates may be added, such as "Vote
23for one," "Vote for not more than three." If no candidate or
24candidates file for an office and if no person or persons file
25a declaration as a write-in candidate for that office, then
26below the title of that office the election authority instead

 

 

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1shall print "No Candidate". When an electronic voting system
2is used which utilizes a ballot label booklet, the candidates
3and questions shall appear on the pages of such booklet in the
4order provided by this Code; and, in any case where candidates
5for an office appear on a page which does not contain the name
6of any candidate for another office, and where less than 50% of
7the page is utilized, the name of no candidate shall be printed
8on the lowest 25% of such page. On the back or outside of the
9ballot, so as to appear when folded, shall be printed the words
10"Official Ballot", followed by the designation of the polling
11place for which the ballot is prepared, the date of the
12election and a facsimile of the signature of the election
13authority who has caused the ballots to be printed. The
14ballots shall be of plain white paper, through which the
15printing or writing cannot be read. However, ballots for use
16at the nonpartisan and consolidated elections may be printed
17on different color paper, except blue paper, whenever
18necessary or desirable to facilitate distinguishing between
19ballots for different political subdivisions. In the case of
20nonpartisan elections for officers of a political subdivision,
21unless the statute or an ordinance adopted pursuant to Article
22VII of the Constitution providing the form of government
23therefor requires otherwise, the column listing such
24nonpartisan candidates shall be printed with no appellation or
25circle at its head. The party appellation or title, or the word
26"independent" at the head of any column provided for

 

 

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1independent candidates, shall be printed in letters not less
2than one-fourth of an inch in height and a circle one-half inch
3in diameter shall be printed at the beginning of the line in
4which such appellation or title is printed, provided, however,
5that no such circle shall be printed at the head of any column
6or columns provided for such independent candidates. The names
7of candidates shall be printed in letters not less than
8one-eighth nor more than one-fourth of an inch in height, and
9at the beginning of each line in which a name of a candidate is
10printed a square shall be printed, the sides of which shall be
11not less than one-fourth of an inch in length. However, the
12names of the candidates for Governor and Lieutenant Governor
13on the same ticket shall be printed within a bracket and a
14single square shall be printed in front of the bracket. The
15list of candidates of the several parties and any such list of
16independent candidates shall be placed in separate columns on
17the ballot in such order as the election authorities charged
18with the printing of the ballots shall decide; provided, that
19the names of the candidates of the several political parties,
20certified by the State Board of Elections to the several
21county clerks shall be printed by the county clerk of the
22proper county on the official ballot in the order certified by
23the State Board of Elections. Any county clerk refusing,
24neglecting or failing to print on the official ballot the
25names of candidates of the several political parties in the
26order certified by the State Board of Elections, and any

 

 

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1county clerk who prints or causes to be printed upon the
2official ballot the name of a candidate, for an office to be
3filled by the Electors of the entire State, whose name has not
4been duly certified to him upon a certificate signed by the
5State Board of Elections shall be guilty of a Class C
6misdemeanor.
7    (b) When an electronic voting system is used which
8utilizes a ballot card, on the inside flap of each ballot card
9envelope there shall be printed a form for write-in voting
10which shall be substantially as follows:
11
WRITE-IN VOTES
12    (See card of instructions for specific information.
13Duplicate form below by hand for additional write-in votes.)  
14     _____________________________  
15     Title of Office
16(   )  ____________________________  
17     Name of Candidate
18    Write-in lines equal to the number of candidates for which
19a voter may vote shall be printed for an office only if one or
20more persons filed declarations of intent to be write-in
21candidates or qualify to file declarations to be write-in
22candidates under Sections 17-16.1 and 18-9.1 when the
23certification of ballot contains the words "OBJECTION
24PENDING".
25    (c) When an electronic voting system is used which uses a
26ballot sheet, the instructions to voters on the ballot sheet

 

 

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

 

 

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1the precinct identification, and any applicable ward
2identification, shall be sufficient. Ballot card envelopes
3used in punch card systems shall be of paper through which no
4writing or punches may be discerned and shall be of sufficient
5length to enclose all voting positions. However, the election
6authority may provide ballot card envelopes on which no
7precinct number or township, ward or other election district
8designation, or election date are preprinted, if space and a
9preprinted form are provided below the space provided for the
10names of write-in candidates where such information may be
11entered by the judges of election. Whenever an election
12authority utilizes ballot card envelopes on which the election
13date and precinct is not preprinted, a judge of election shall
14mark such information for the particular precinct and election
15on the envelope in ink before tallying and counting any
16write-in vote written thereon. If some method of insuring
17ballot secrecy other than an envelope is used, such
18information must be provided on the ballot itself.
19    (e) In the designation of the name of a candidate on the
20ballot, 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
26last day for filing the petition for nomination, nomination

 

 

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

 

 

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1personal identity of the candidate. A candidate may not use a
2political slogan as part of his or her name on the ballot,
3notwithstanding that the political slogan may be part of the
4candidate's name.
5    (f) The State Board of Elections, a local election
6official, or an election authority shall remove any
7candidate's name designation from a ballot that is
8inconsistent with subsection (e) of this Section. In addition,
9the State Board of Elections, a local election official, or an
10election authority shall not certify to any election authority
11any candidate name designation that is inconsistent with
12subsection (e) of this Section.
13    (g) If the State Board of Elections, a local election
14official, or an election authority removes a candidate's name
15designation from a ballot under subsection (f) of this
16Section, then the aggrieved candidate may seek appropriate
17relief in circuit court.
18    Where voting machines or electronic voting systems are
19used, the provisions of this Section may be modified as
20required or authorized by Article 24 or Article 24A, whichever
21is applicable.
22    Nothing in this Section shall prohibit election
23authorities from using or reusing ballot card envelopes which
24were printed before the effective date of this amendatory Act
25of 1985.
26(Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07;

 

 

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195-862, eff. 8-19-08.)
 
2    (10 ILCS 5/16-5.01)  (from Ch. 46, par. 16-5.01)
3    Sec. 16-5.01. (a) Except as otherwise provided in this
4Code, the The election authority shall, at least 46 days prior
5to the date of any election at which federal officers are
6elected and 45 days prior to any other regular election, have a
7sufficient number of ballots printed so that such ballots will
8be available for mailing 45 days prior to the date of the
9election to persons who have filed application for a ballot
10under the provisions of Article 20 of this Act.
11    (b) If at any election at which federal offices are
12elected or nominated the election authority is unable to
13comply with the provisions of subsection (a), the election
14authority shall mail to each such person, in lieu of the
15ballot, a Special Write-in Vote by Mail Voter's Blank Ballot.
16The Special Write-in Vote by Mail Voter's Blank Ballot shall
17be used at all elections at which federal officers are elected
18or nominated and shall be prepared by the election authority
19in substantially the following form:
20
Special Write-in Vote by Mail Voter's Blank Ballot
21    (To vote for a person, write the title of the office and
22his or her name on the lines provided. Place to the left of and
23opposite the title of office a square and place a cross (X) in
24the square.)
25        Title of Office                 Name of Candidate

 

 

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1(    )                                                       
2(    )                                                       
3(    )                                                       
4(    )                                                       
5(    )                                                       
6(    )                                                       
7    The election authority shall send with the Special
8Write-in Vote by Mail Voter's Blank Ballot a list of all
9referenda for which the voter is qualified to vote and all
10candidates for whom nomination papers have been filed and for
11whom the voter is qualified to vote. The voter shall be
12entitled to write in the name of any candidate seeking
13election and any referenda for which he or she is entitled to
14vote.
15    On the back or outside of the ballot, so as to appear when
16folded, shall be printed the words "Official Ballot", the date
17of the election and a facsimile of the signature of the
18election authority who has caused the ballot to be printed.
19    The provisions of Article 20, insofar as they may be
20applicable to the Special Write-in Vote by Mail Voter's Blank
21Ballot, shall be applicable herein.
22    (c) Notwithstanding any provision of this Code or other
23law to the contrary, the governing body of a municipality may
24adopt, upon submission of a written statement by the
25municipality's election authority attesting to the
26administrative ability of the election authority to administer

 

 

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1an election using a ranked ballot to the municipality's
2governing body, an ordinance requiring, and that
3municipality's election authority shall prepare, a ranked vote
4by mail ballot for municipal and township office candidates to
5be voted on in the consolidated election. This ranked ballot
6shall be for use only by a qualified voter who either is a
7member of the United States military or will be outside of the
8United States on the consolidated primary election day and the
9consolidated election day. The ranked ballot shall contain a
10list of the titles of all municipal and township offices
11potentially contested at both the consolidated primary
12election and the consolidated election and the candidates for
13each office and shall permit the elector to vote in the
14consolidated election by indicating his or her order of
15preference for each candidate for each office. To indicate his
16or her order of preference for each candidate for each office,
17the voter shall put the number one next to the name of the
18candidate who is the voter's first choice, the number 2 for his
19or her second choice, and so forth so that, in consecutive
20numerical order, a number indicating the voter's preference is
21written by the voter next to each candidate's name on the
22ranked ballot. The voter shall not be required to indicate his
23or her preference for more than one candidate on the ranked
24ballot. The voter may not cast a write-in vote using the ranked
25ballot for the consolidated election. The election authority
26shall, if using the ranked vote by mail ballot authorized by

 

 

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1this subsection, also prepare instructions for use of the
2ranked ballot. The ranked ballot for the consolidated election
3shall be mailed to the voter at the same time that the ballot
4for the consolidated primary election is mailed to the voter
5and the election authority shall accept the completed ranked
6ballot for the consolidated election when the authority
7accepts the completed ballot for the consolidated primary
8election.
9    The voter shall also be sent a vote by mail ballot for the
10consolidated election for those races that are not related to
11the results of the consolidated primary election as soon as
12the consolidated election ballot is certified.
13    The State Board of Elections shall adopt rules for
14election authorities for the implementation of this
15subsection, including but not limited to the application for
16and counting of ranked ballots.
17(Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15.)
 
18    (10 ILCS 5/17-13)  (from Ch. 46, par. 17-13)
19    Sec. 17-13. (a) In the case of an emergency, as determined
20by the State Board of Elections, or if the Board determines
21that all potential polling places have been surveyed by the
22election authority and that no accessible polling place, as
23defined by rule of the State Board of Elections, is available
24within a precinct nor is the election authority able to make a
25polling place within the precinct temporarily accessible, the

 

 

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1Board, upon written application by the election authority, is
2authorized to grant an exemption from the accessibility
3requirements of the Federal Voting Accessibility for the
4Elderly and Handicapped Act (Public Law 98-435). Such
5exemption shall be valid for a period of 2 years.
6    (b) Any voter with a temporary or permanent disability
7who, because of structural features of the building in which
8the polling place is located, is unable to access or enter the
9polling place, may request that 2 judges of election of
10opposite party affiliation deliver a ballot to him or her at
11the point where he or she is unable to continue forward motion
12toward the polling place; but, in no case, shall a ballot be
13delivered to the voter beyond 50 feet of the entrance to the
14building in which the polling place is located. Such request
15shall be made to the election authority not later than the
16close of business at the election authority's office on the
17day before the election and on a form prescribed by the State
18Board of Elections. The election authority shall notify the
19judges of election for the appropriate precinct polling places
20of such requests.
21    Weather permitting, 2 judges of election shall deliver to
22the voter with a disability the ballot which he or she is
23entitled to vote, a portable voting booth or other enclosure
24that will allow such voter to mark his or her ballot in
25secrecy, and a marking device.
26    (c) The voter must complete the entire voting process,

 

 

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1including the application for ballot from which the judges of
2election shall compare the voter's signature with the
3signature on his or her registration record card in the
4precinct binder.
5    (d) Election authorities may establish curb-side voting
6for individuals to cast a ballot during early voting or on
7election day. An election authority's curb-side voting program
8shall designate at least 2 election judges from opposite
9parties per vehicle and the individual must have the option to
10mark the ballot without interference from the election judges.
11    After the voter has marked his or her ballot and placed it
12in the ballot envelope (or folded it in the manner prescribed
13for paper ballots), the 2 judges of election shall return the
14ballot to the polling place and give it to the judge in charge
15of the ballot box who shall deposit it therein.
16    Pollwatchers as provided in Sections 7-34 and 17-23 of
17this Code shall be permitted to accompany the judges and
18observe the above procedure.
19    No assistance may be given to such voter in marking his or
20her ballot, unless the voter requests assistance and completes
21the affidavit required by Section 17-14 of this Code.
22(Source: P.A. 102-1, eff. 4-2-21.)
 
23    (10 ILCS 5/17-13.5 new)
24    Sec. 17-13.5. Curbside voting. Election authorities may
25establish curbside voting for individuals to cast a ballot

 

 

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1during early voting or on election day. An election
2authority's curbside voting program shall designate at least 2
3election judges from opposite parties per vehicle, and the
4individual shall have the opportunity to mark the ballot
5without interference from the election judges.
 
6    (10 ILCS 5/17-16.1)  (from Ch. 46, par. 17-16.1)
7    Sec. 17-16.1. Except as otherwise provided in this Code,
8write-in Write-in votes shall be counted only for persons who
9have filed notarized declarations of intent to be write-in
10candidates with the proper election authority or authorities
11not later than 61 days prior to the election. However,
12whenever an objection to a candidate's nominating papers or
13petitions for any office is sustained under Section 10-10
14after the 61st day before the election, then write-in votes
15shall be counted for that candidate if he or she has filed a
16notarized declaration of intent to be a write-in candidate for
17that office with the proper election authority or authorities
18not later than 7 days prior to the election.
19    Forms for the declaration of intent to be a write-in
20candidate shall be supplied by the election authorities. Such
21declaration shall specify the office for which the person
22seeks election as a write-in candidate.
23    The election authority or authorities shall deliver a list
24of all persons who have filed such declarations to the
25election judges in the appropriate precincts prior to the

 

 

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1election.
2    A candidate for whom a nomination paper has been filed as a
3partisan candidate at a primary election, and who is defeated
4for his or her nomination at the primary election is
5ineligible to file a declaration of intent to be a write-in
6candidate for election in that general or consolidated
7election.
8    A candidate seeking election to an office for which
9candidates of political parties are nominated by caucus who is
10a participant in the caucus and who is defeated for his or her
11nomination at such caucus is ineligible to file a declaration
12of intent to be a write-in candidate for election in that
13general or consolidated election.
14    A candidate seeking election to an office for which
15candidates are nominated at a primary election on a
16nonpartisan basis and who is defeated for his or her
17nomination at the primary election is ineligible to file a
18declaration of intent to be a write-in candidate for election
19in that general or consolidated election.
20    Nothing in this Section shall be construed to apply to
21votes cast under the provisions of subsection (b) of Section
2216-5.01.
23(Source: P.A. 95-699, eff. 11-9-07.)
 
24    (10 ILCS 5/18-9.1)  (from Ch. 46, par. 18-9.1)
25    Sec. 18-9.1. Except as otherwise provided in this Code,

 

 

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1write-in Write-in votes shall be counted only for persons who
2have filed notarized declarations of intent to be write-in
3candidates with the proper election authority or authorities
4not later than 61 days prior to the election. However,
5whenever an objection to a candidate's nominating papers or
6petitions is sustained under Section 10-10 after the 61st day
7before the election, then write-in votes shall be counted for
8that candidate if he or she has filed a notarized declaration
9of intent to be a write-in candidate for that office with the
10proper election authority or authorities not later than 7 days
11prior to the election.
12    Forms for the declaration of intent to be a write-in
13candidate shall be supplied by the election authorities. Such
14declaration shall specify the office for which the person
15seeks election as a write-in candidate.
16    The election authority or authorities shall deliver a list
17of all persons who have filed such declarations to the
18election judges in the appropriate precincts prior to the
19election.
20    A candidate for whom a nomination paper has been filed as a
21partisan candidate at a primary election, and who is defeated
22for his or her nomination at the primary election, is
23ineligible to file a declaration of intent to be a write-in
24candidate for election in that general or consolidated
25election.
26    A candidate seeking election to an office for which

 

 

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1candidates of political parties are nominated by caucus who is
2a participant in the caucus and who is defeated for his or her
3nomination at such caucus is ineligible to file a declaration
4of intent to be a write-in candidate for election in that
5general or consolidated election.
6    A candidate seeking election to an office for which
7candidates are nominated at a primary election on a
8nonpartisan basis and who is defeated for his or her
9nomination at the primary election is ineligible to file a
10declaration of intent to be a write-in candidate for election
11in that general or consolidated election.
12    Nothing in this Section shall be construed to apply to
13votes cast under the provisions of subsection (b) of Section
1416-5.01.
15(Source: P.A. 95-699, eff. 11-9-07.)
 
16    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
17    Sec. 19-2. Except as otherwise provided in this Code, any
18Any elector as defined in Section 19-1 may by mail or
19electronically on the website of the appropriate election
20authority, not more than 90 nor less than 5 days prior to the
21date of such election, or by personal delivery not more than 90
22nor less than one day prior to the date of such election, make
23application to the county clerk or to the Board of Election
24Commissioners for an official ballot for the voter's precinct
25to be voted at such election, or be added to a list of

 

 

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1permanent vote by mail status voters who receive an official
2vote by mail ballot for subsequent elections. Voters who make
3an application for permanent vote by mail ballot status shall
4follow the procedures specified in Section 19-3. Voters whose
5application for permanent vote by mail status is accepted by
6the election authority shall remain on the permanent vote by
7mail list until the voter requests to be removed from
8permanent vote by mail status, the voter provides notice to
9the election authority of a change in registration, or the
10election authority receives confirmation that the voter has
11subsequently registered to vote in another county. The URL
12address at which voters may electronically request a vote by
13mail ballot shall be fixed no later than 90 calendar days
14before an election and shall not be changed until after the
15election. Such a ballot shall be delivered to the elector only
16upon separate application by the elector for each election.
17(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13;
1898-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
19    (10 ILCS 5/19-2.4 new)
20    Sec. 19-2.4. Vote by mail; accommodation for voters with a
21disability. By December 31, 2021, the State Board of Elections
22shall prepare and submit to the General Assembly proposed
23legislation establishing a procedure to send vote by mail
24ballots via electronic transmission and enable a voter with a
25disability to independently and privately mark a ballot using

 

 

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1assistive technology in order for the voter to vote by mail.
2Prior to submission, the State Board of Elections shall
3solicit public commentary and conduct at least 2 public
4hearings on its proposed legislation.
 
5    (10 ILCS 5/19-2.5 new)
6    Sec. 19-2.5. Notice for vote by mail ballot. An election
7authority shall notify all qualified voters, not more than 90
8days nor less than 45 days before a general election, of the
9option for permanent vote by mail status using the following
10notice and including the application for permanent vote by
11mail status in subsection (b) of Section 19-3:
12    "You may apply to permanently be placed on vote by mail
13status using the attached application.".
 
14    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
15    Sec. 19-3. Application for a vote by mail ballot.
16    (a) The application for a vote by mail ballot for a single
17election shall be substantially in the following form:
18
APPLICATION FOR VOTE BY MAIL BALLOT
19    To be voted at the .... election in the County of .... and
20State of Illinois, in the .... precinct of the (1) *township of
21.... (2) *City of .... or (3) *.... ward in the City of ....
22    I state that I am a resident of the .... precinct of the
23(1) *township of .... (2) *City of .... or (3) *.... ward in
24the city of .... residing at .... in such city or town in the

 

 

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1county of .... and State of Illinois; that I have lived at such
2address for .... month(s) last past; that I am lawfully
3entitled to vote in such precinct at the .... election to be
4held therein on ....; and that I wish to vote by vote by mail
5ballot.
6    I hereby make application for an official ballot or
7ballots to be voted by me at such election, and I agree that I
8shall return such ballot or ballots to the official issuing
9the same prior to the closing of the polls on the date of the
10election or, if returned by mail, postmarked no later than
11election day, for counting no later than during the period for
12counting provisional ballots, the last day of which is the
1314th day following election day.
14    I understand that this application is made for an official
15vote by mail ballot or ballots to be voted by me at the
16election specified in this application and that I must submit
17a separate application for an official vote by mail ballot or
18ballots to be voted by me at any subsequent election.
19    Under penalties as provided by law pursuant to Section
2029-10 of the Election Code, the undersigned certifies that the
21statements set forth in this application are true and correct.
22
....
23
*fill in either (1), (2) or (3).
24
Post office address to which ballot is mailed:
25...............
26    (b) The application for permanent vote by mail status

 

 

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1shall be substantially in the following form:
2
APPLICATION FOR PERMANENT VOTE BY MAIL STATUS
3    I am currently a registered voter and wish to apply for
4permanent vote by mail status.
5    I state that I am a resident of the City of .... residing
6at .... in such city in the county of .... and State of
7Illinois; that I have lived at such address for .... month(s)
8last past; that I am lawfully entitled to vote in such precinct
9at the .... election to be held therein on ....; and that I
10wish to vote by vote by mail ballot in:
11    ..... all subsequent elections that do not require a party
12        designation.
13    ..... all subsequent elections, and I wish to receive a
14        ................... Party vote by mail ballot in
15        elections that require a party designation.
16    I hereby make application for an official ballot or
17ballots to be voted by me at such election, and I agree that I
18shall return such ballot or ballots to the official issuing
19the same prior to the closing of the polls on the date of the
20election or, if returned by mail, postmarked no later than
21election day, for counting no later than during the period for
22counting provisional ballots, the last day of which is the
2314th day following election day.
24    Under penalties as provided by law under Section 29-10 of
25the Election Code, the undersigned certifies that the
26statements set forth in this application are true and correct.

 

 

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1
....
2
Post office address to which ballot is mailed:
3.............................................................
4    (c) However, if application is made for a primary election
5ballot, such application shall require the applicant to
6designate the name of the political party with which the
7applicant is affiliated. The election authority shall allow
8any voter on permanent vote by mail status to change his or her
9party affiliation for a primary election ballot by a method
10and deadline published and selected by the election authority.
11    (d) If application is made electronically, the applicant
12shall mark the box associated with the above described
13statement included as part of the online application
14certifying that the statements set forth in the this
15application under subsection (a) or (b) are true and correct,
16and a signature is not required.
17    (e) Any person may produce, reproduce, distribute, or
18return to an election authority an the application under this
19Section for vote by mail ballot. If applications are sent to a
20post office box controlled by any individual or organization
21that is not an election authority, those applications shall
22(i) include a valid and current phone number for the
23individual or organization controlling the post office box and
24(ii) be turned over to the appropriate election authority
25within 7 days of receipt or, if received within 2 weeks of the
26election in which an applicant intends to vote, within 2 days

 

 

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1of receipt. Failure to turn over the applications in
2compliance with this paragraph shall constitute a violation of
3this Code and shall be punishable as a petty offense with a
4fine of $100 per application. Removing, tampering with, or
5otherwise knowingly making the postmark on the application
6unreadable by the election authority shall establish a
7rebuttable presumption of a violation of this paragraph. Upon
8receipt, the appropriate election authority shall accept and
9promptly process any application under this Section for vote
10by mail ballot submitted in a form substantially similar to
11that required by this Section, including any substantially
12similar production or reproduction generated by the applicant.
13    (f) An election authority may combine the applications in
14subsections (a) and (b) onto one form, but the distinction
15between the applications must be clear and the form must
16provide check boxes for an applicant to indicate whether he or
17she is applying for a single election vote by mail ballot or
18for permanent vote by mail status.
19(Source: P.A. 99-522, eff. 6-30-16; 100-623, eff. 7-20-18.)
 
20    (10 ILCS 5/19A-15)
21    Sec. 19A-15. Period for early voting; hours.
22    (a) Except as otherwise provided in this Code, the The
23period for early voting by personal appearance begins the 40th
24day preceding a general primary, consolidated primary,
25consolidated, or general election and extends through the end

 

 

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1of the day before election day.
2    (b) Except as otherwise provided by this Section, a
3permanent polling place for early voting must remain open
4beginning the 15th day before an election through the end of
5the day before election day during the hours of 8:30 a.m. to
64:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that
7beginning 8 days before election day, a permanent polling
8place for early voting must remain open during the hours of
98:30 a.m. to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and 9:00
10a.m. to 12:00 p.m. on Saturdays and holidays, and 10:00 a.m. to
114 p.m. on Sundays; except that, in addition to the hours
12required by this subsection, a permanent polling place
13designated by an election authority under subsections (c),
14(d), and (e) of Section 19A-10 must remain open for a total of
15at least 8 hours on any holiday during the early voting period
16and a total of at least 14 hours on the final weekend during
17the early voting period.
18    (c) Notwithstanding subsection (b), an election authority
19may close an early voting polling place if the building in
20which the polling place is located has been closed by the State
21or unit of local government in response to a severe weather
22emergency or other force majeure. The election authority shall
23notify the State Board of Elections of any closure and shall
24make reasonable efforts to provide notice to the public of an
25alternative location for early voting.
26    (d) (Blank).

 

 

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1(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4,
2eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14;
398-1171, eff. 6-1-15.)
 
4    (10 ILCS 5/19A-20)
5    Sec. 19A-20. Temporary branch polling places.
6    (a) In addition to permanent polling places for early
7voting, the election authority may establish temporary branch
8polling places for early voting.
9    (b) The provisions of subsection (b) of Section 19A-15 do
10not apply to a temporary polling place. Voting at a temporary
11branch polling place may be conducted on any one or more days
12and during any hours within the period for early voting by
13personal appearance that are determined by the election
14authority.
15    (c) The schedules for conducting voting do not need to be
16uniform among the temporary branch polling places.
17    (d) The legal rights and remedies which inure to the owner
18or lessor of private property are not impaired or otherwise
19affected by the leasing of the property for use as a temporary
20branch polling place for early voting, except to the extent
21necessary to conduct early voting at that location.
22    (e) In a county with a population of:
23         (1) 3,000,000 or more, the election authority in the
24    county shall establish a temporary branch polling place
25    under this Section in the county jail. Only a resident of a

 

 

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1    county who is in custody at the county jail and who has not
2    been convicted of the offense for which the resident is in
3    custody is eligible to vote at a temporary branch polling
4    place established under this paragraph (1) subsection. The
5    temporary branch polling place established under this
6    paragraph (1) subsection shall allow a voter to vote in
7    the same elections that the voter would be entitled to
8    vote in where the voter resides. To the maximum extent
9    feasible, voting booths or screens shall be provided to
10    ensure the privacy of the voter.
11        (2) less than 3,000,000, the sheriff may establish a
12    temporary branch polling place at the county jail. Only a
13    resident of a county who is in custody at the county jail
14    and who has not been convicted of the offense for which the
15    resident is in custody is eligible to vote at a temporary
16    branch polling place established under this paragraph (2).
17    A temporary branch polling place established under this
18    paragraph (2) shall allow a voter to vote in the same
19    elections that the voter would be entitled to vote in
20    where the voter resides. To the maximum extent feasible,
21    voting booths or screens shall be provided to ensure the
22    privacy of the voter.
23    All provisions of this Code applicable to pollwatchers
24shall apply to a temporary branch polling place under this
25subsection (e), subject to approval from the election
26authority and the county jail, except that nonpartisan

 

 

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1pollwatchers shall be limited to one per division within the
2jail instead of one per precinct. A county that establishes a
3temporary branch polling place inside a county jail in
4accordance with this subsection (e) shall adhere to all
5requirements of this subsection (e). All requirements of the
6federal Voting Rights Act of 1965 and Sections 203 and 208 of
7the federal Americans with Disabilities Act shall apply to
8this subsection (e).
9(Source: P.A. 101-442, eff. 1-1-20.)
 
10    (10 ILCS 5/23-6.1)  (from Ch. 46, par. 23-6.1)
11    Sec. 23-6.1. Whenever an election contest for a municipal
12trustee or alderperson alderman is brought involving ballots
13from the same precincts which are subject to the jurisdiction
14of the circuit court by virtue of the pendency of an election
15contest for another office, the municipal council or board of
16trustees having jurisdiction of the municipal election contest
17shall have priority of access and possession of the ballots
18and other election materials for the purpose of conducting a
19recount or other related proceedings for a period of 30 days
20following the commencement of the municipal election contest.
21The election authority shall notify the court and the
22municipal council or board of the pendency of all other
23contests relating to the same precincts.
24(Source: P.A. 90-655, eff. 7-30-98.)
 

 

 

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1    (10 ILCS 5/25-6)  (from Ch. 46, par. 25-6)
2    Sec. 25-6. General Assembly vacancies.     (a) When a
3vacancy occurs in the office of State Senator or
4Representative in the General Assembly, the vacancy shall be
5filled within 30 days by appointment of the legislative or
6representative committee of that legislative or representative
7district of the political party of which the incumbent was a
8candidate at the time of his election. Prior to holding a
9meeting to fill the vacancy, the committee shall make public
10(i) the names of the committeeperson on the appropriate
11legislative or representative committee, (ii) the date, time,
12and location of the meeting to fill the vacancy, and (iii) any
13information on how to apply or submit a name for consideration
14as the appointee. A meeting to fill a vacancy in office shall
15be held in the district or virtually, and any meeting shall be
16accessible to the public. The appointee shall be a member of
17the same political party as the person he succeeds was at the
18time of his election, and shall be otherwise eligible to serve
19as a member of the General Assembly.
20    (b) When a vacancy occurs in the office of a legislator
21elected other than as a candidate of a political party, the
22vacancy shall be filled within 30 days of such occurrence by
23appointment of the Governor. The appointee shall not be a
24member of a political party, and shall be otherwise eligible
25to serve as a member of the General Assembly. Provided,
26however, the appropriate body of the General Assembly may, by

 

 

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1resolution, allow a legislator elected other than as a
2candidate of a political party to affiliate with a political
3party for his term of office in the General Assembly. A vacancy
4occurring in the office of any such legislator who affiliates
5with a political party pursuant to resolution shall be filled
6within 30 days of such occurrence by appointment of the
7appropriate legislative or representative committee of that
8legislative or representative district of the political party
9with which the legislator so affiliates. The appointee shall
10be a member of the political party with which the incumbent
11affiliated.
12    (c) For purposes of this Section, a person is a member of a
13political party for 23 months after (i) signing a candidate
14petition, as to the political party whose nomination is
15sought; (ii) signing a statement of candidacy, as to the
16political party where nomination or election is sought; (iii)
17signing a Petition of Political Party Formation, as to the
18proposed political party; (iv) applying for and receiving a
19primary ballot, as to the political party whose ballot is
20received; or (v) becoming a candidate for election to or
21accepting appointment to the office of ward, township,
22precinct or state central committeeperson.
23    (d) In making appointments under this Section, each
24committeeperson of the appropriate legislative or
25representative committee shall be entitled to one vote for
26each vote that was received, in that portion of the

 

 

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1legislative or representative district which he represents on
2the committee, by the Senator or Representative whose seat is
3vacant at the general election at which that legislator was
4elected to the seat which has been vacated and a majority of
5the total number of votes received in such election by the
6Senator or Representative whose seat is vacant is required for
7the appointment of his successor; provided, however, that in
8making appointments in legislative or representative districts
9comprising only one county or part of a county other than a
10county containing 2,000,000 or more inhabitants, each
11committeeperson shall be entitled to cast only one vote.
12    (e) Appointments made under this Section shall be in
13writing and shall be signed by members of the legislative or
14representative committee whose total votes are sufficient to
15make the appointments or by the Governor, as the case may be.
16Such appointments shall be filed with the Secretary of State
17and with the Clerk of the House of Representatives or the
18Secretary of the Senate, whichever is appropriate.
19    (f) An appointment made under this Section shall be for
20the remainder of the term, except that, if the appointment is
21to fill a vacancy in the office of State Senator and the
22vacancy occurs with more than 28 months remaining in the term,
23the term of the appointment shall expire at the time of the
24next general election at which time a Senator shall be elected
25for a new term commencing on the determination of the results
26of the election and ending on the second Wednesday of January

 

 

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1in the second odd-numbered year next occurring. Whenever a
2Senator has been appointed to fill a vacancy and was
3thereafter elected to that office, the term of service under
4the authority of the election shall be considered a new term of
5service, separate from the term of service rendered under the
6authority of the appointment.
7(Source: P.A. 100-1027, eff. 1-1-19.)
 
8    (10 ILCS 5/29-15)  (from Ch. 46, par. 29-15)
9    Sec. 29-15. Conviction deemed infamous. Any person
10convicted of an infamous crime as such term is defined in
11Section 124-1 of the Code of Criminal Procedure of 1963, as
12amended, shall thereafter be prohibited from holding any
13office of honor, trust, or profit, unless such person is again
14restored to such rights by the terms of a pardon for the
15offense, has received a restoration of rights by the Governor,
16or otherwise according to law. Any time after a judgment of
17conviction is rendered, a person convicted of an infamous
18crime may petition the Governor for a restoration of rights.
19    The changes made to this Section by this amendatory Act of
20the 102nd General Assembly are declarative of existing law.
21(Source: P.A. 83-1097.)
 
22    Section 10. The Illinois Pension Code is amended by
23changing Sections 6-230, 7-109, 8-113, 8-232, 8-243, and
248-243.2 as follows:
 

 

 

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1    (40 ILCS 5/6-230)
2    Sec. 6-230. Participation by an alderperson alderman or
3member of city council.
4    (a) A person shall be a member under this Article if he or
5she (1) is or was employed and receiving a salary as a fireman
6under item (a) of Section 6-106, (2) has at least 5 years of
7service under this Article, (3) is employed in a position
8covered under Section 8-243, (4) made an election under
9Article 8 to not receive service credit or be a participant
10under that Article, and (5) made an election to participate
11under this Article.
12    (b) For the purposes of determining employee and employer
13contributions under this Article, the employee and employer
14shall be responsible for any and all contributions otherwise
15required if the person was employed and receiving salary as a
16fireman under item (a) of Section 6-106.
17(Source: P.A. 100-1144, eff. 11-28-18.)
 
18    (40 ILCS 5/7-109)  (from Ch. 108 1/2, par. 7-109)
19    Sec. 7-109. Employee.
20    (1) "Employee" means any person who:
21        (a) 1. Receives earnings as payment for the
22    performance of personal services or official duties out of
23    the general fund of a municipality, or out of any special
24    fund or funds controlled by a municipality, or by an

 

 

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1    instrumentality thereof, or a participating
2    instrumentality, including, in counties, the fees or
3    earnings of any county fee office; and
4        2. Under the usual common law rules applicable in
5    determining the employer-employee relationship, has the
6    status of an employee with a municipality, or any
7    instrumentality thereof, or a participating
8    instrumentality, including alderpersons aldermen, county
9    supervisors and other persons (excepting those employed as
10    independent contractors) who are paid compensation, fees,
11    allowances or other emolument for official duties, and, in
12    counties, the several county fee offices.
13        (b) Serves as a township treasurer appointed under the
14    School Code, as heretofore or hereafter amended, and who
15    receives for such services regular compensation as
16    distinguished from per diem compensation, and any regular
17    employee in the office of any township treasurer whether
18    or not his earnings are paid from the income of the
19    permanent township fund or from funds subject to
20    distribution to the several school districts and parts of
21    school districts as provided in the School Code, or from
22    both such sources; or is the chief executive officer,
23    chief educational officer, chief fiscal officer, or other
24    employee of a Financial Oversight Panel established
25    pursuant to Article 1H of the School Code, other than a
26    superintendent or certified school business official,

 

 

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1    except that such person shall not be treated as an
2    employee under this Section if that person has negotiated
3    with the Financial Oversight Panel, in conjunction with
4    the school district, a contractual agreement for exclusion
5    from this Section.
6        (c) Holds an elective office in a municipality,
7    instrumentality thereof or participating instrumentality.
8    (2) "Employee" does not include persons who:
9        (a) Are eligible for inclusion under any of the
10    following laws:
11            1. "An Act in relation to an Illinois State
12        Teachers' Pension and Retirement Fund", approved May
13        27, 1915, as amended;
14            2. Articles 15 and 16 of this Code.
15        However, such persons shall be included as employees
16    to the extent of earnings that are not eligible for
17    inclusion under the foregoing laws for services not of an
18    instructional nature of any kind.
19        However, any member of the armed forces who is
20    employed as a teacher of subjects in the Reserve Officers
21    Training Corps of any school and who is not certified
22    under the law governing the certification of teachers
23    shall be included as an employee.
24        (b) Are designated by the governing body of a
25    municipality in which a pension fund is required by law to
26    be established for policemen or firemen, respectively, as

 

 

SB0825 Enrolled- 154 -LRB102 04623 SMS 14642 b

1    performing police or fire protection duties, except that
2    when such persons are the heads of the police or fire
3    department and are not eligible to be included within any
4    such pension fund, they shall be included within this
5    Article; provided, that such persons shall not be excluded
6    to the extent of concurrent service and earnings not
7    designated as being for police or fire protection duties.
8    However, (i) any head of a police department who was a
9    participant under this Article immediately before October
10    1, 1977 and did not elect, under Section 3-109 of this Act,
11    to participate in a police pension fund shall be an
12    "employee", and (ii) any chief of police who became a
13    participating employee under this Article before January
14    1, 2019 and who elects to participate in this Fund under
15    Section 3-109.1 of this Code, regardless of whether such
16    person continues to be employed as chief of police or is
17    employed in some other rank or capacity within the police
18    department, shall be an employee under this Article for so
19    long as such person is employed to perform police duties
20    by a participating municipality and has not lawfully
21    rescinded that election.
22        (b-5) Were not participating employees under this
23    Article before the effective date of this amendatory Act
24    of the 100th General Assembly and participated as a chief
25    of police in a fund under Article 3 and return to work in
26    any capacity with the police department, with any

 

 

SB0825 Enrolled- 155 -LRB102 04623 SMS 14642 b

1    oversight of the police department, or in an advisory
2    capacity for the police department with the same
3    municipality with which that pension was earned,
4    regardless of whether they are considered an employee of
5    the police department or are eligible for inclusion in the
6    municipality's Article 3 fund.
7        (c) Are contributors to or eligible to contribute to a
8    Taft-Hartley pension plan to which the participating
9    municipality is required to contribute as the person's
10    employer based on earnings from the municipality. Nothing
11    in this paragraph shall affect service credit or
12    creditable service for any period of service prior to the
13    effective date of this amendatory Act of the 98th General
14    Assembly, and this paragraph shall not apply to
15    individuals who are participating in the Fund prior to the
16    effective date of this amendatory Act of the 98th General
17    Assembly.
18        (d) Become an employee of any of the following
19    participating instrumentalities on or after the effective
20    date of this amendatory Act of the 99th General Assembly:
21    the Illinois Municipal League; the Illinois Association of
22    Park Districts; the Illinois Supervisors, County
23    Commissioners and Superintendents of Highways Association;
24    an association, or not-for-profit corporation, membership
25    in which is authorized under Section 85-15 of the Township
26    Code; the United Counties Council; or the Will County

 

 

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1    Governmental League.
2    (3) All persons, including, without limitation, public
3defenders and probation officers, who receive earnings from
4general or special funds of a county for performance of
5personal services or official duties within the territorial
6limits of the county, are employees of the county (unless
7excluded by subsection (2) of this Section) notwithstanding
8that they may be appointed by and are subject to the direction
9of a person or persons other than a county board or a county
10officer. It is hereby established that an employer-employee
11relationship under the usual common law rules exists between
12such employees and the county paying their salaries by reason
13of the fact that the county boards fix their rates of
14compensation, appropriate funds for payment of their earnings
15and otherwise exercise control over them. This finding and
16this amendatory Act shall apply to all such employees from the
17date of appointment whether such date is prior to or after the
18effective date of this amendatory Act and is intended to
19clarify existing law pertaining to their status as
20participating employees in the Fund.
21(Source: P.A. 99-830, eff. 1-1-17; 100-281, eff. 8-24-17;
22100-1097, eff. 8-26-18.)
 
23    (40 ILCS 5/8-113)  (from Ch. 108 1/2, par. 8-113)
24    Sec. 8-113. Municipal employee, employee, contributor, or
25participant. "Municipal employee", "employee", "contributor",

 

 

SB0825 Enrolled- 157 -LRB102 04623 SMS 14642 b

1or "participant":
2    (a) Any employee of an employer employed in the classified
3civil service thereof other than by temporary appointment or
4in a position excluded or exempt from the classified service
5by the Civil Service Act, or in the case of a city operating
6under a personnel ordinance, any employee of an employer
7employed in the classified or career service under the
8provisions of a personnel ordinance, other than in a
9provisional or exempt position as specified in such ordinance
10or in rules and regulations formulated thereunder.
11    (b) Any employee in the service of an employer before the
12Civil Service Act came in effect for the employer.
13    (c) Any person employed by the board.
14    (d) Any person employed after December 31, 1949, but prior
15to January 1, 1984, in the service of the employer by temporary
16appointment or in a position exempt from the classified
17service as set forth in the Civil Service Act, or in a
18provisional or exempt position as specified in the personnel
19ordinance, who meets the following qualifications:
20        (1) has rendered service during not less than 12
21    calendar months to an employer as an employee, officer, or
22    official, 4 months of which must have been consecutive
23    full normal working months of service rendered immediately
24    prior to filing application to be included; and
25        (2) files written application with the board, while in
26    the service, to be included hereunder.

 

 

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1    (e) After December 31, 1949, any alderperson alderman or
2other officer or official of the employer, who files, while in
3office, written application with the board to be included
4hereunder.
5    (f) Beginning January 1, 1984, any person employed by an
6employer other than the Chicago Housing Authority or the
7Public Building Commission of the city, whether or not such
8person is serving by temporary appointment or in a position
9exempt from the classified service as set forth in the Civil
10Service Act, or in a provisional or exempt position as
11specified in the personnel ordinance, provided that such
12person is neither (1) an alderperson alderman or other officer
13or official of the employer, nor (2) participating, on the
14basis of such employment, in any other pension fund or
15retirement system established under this Act.
16    (g) After December 31, 1959, any person employed in the
17law department of the city, or municipal court or Board of
18Election Commissioners of the city, who was a contributor and
19participant, on December 31, 1959, in the annuity and benefit
20fund in operation in the city on said date, by virtue of the
21Court and Law Department Employees' Annuity Act or the Board
22of Election Commissioners Employees' Annuity Act.
23    After December 31, 1959, the foregoing definition includes
24any other person employed or to be employed in the law
25department, or municipal court (other than as a judge), or
26Board of Election Commissioners (if his salary is provided by

 

 

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1appropriation of the city council of the city and his salary
2paid by the city) -- subject, however, in the case of such
3persons not participants on December 31, 1959, to compliance
4with the same qualifications and restrictions otherwise set
5forth in this Section and made generally applicable to
6employees or officers of the city concerning eligibility for
7participation or membership.
8    Notwithstanding any other provision in this Section, any
9person who first becomes employed in the law department of the
10city on or after the effective date of this amendatory Act of
11the 100th General Assembly shall be included within the
12foregoing definition, effective upon the date the person first
13becomes so employed, regardless of the nature of the
14appointment the person holds under the provisions of a
15personnel ordinance.
16    (h) After December 31, 1965, any person employed in the
17public library of the city -- and any other person -- who was a
18contributor and participant, on December 31, 1965, in the
19pension fund in operation in the city on said date, by virtue
20of the Public Library Employees' Pension Act.
21    (i) After December 31, 1968, any person employed in the
22house of correction of the city, who was a contributor and
23participant, on December 31, 1968, in the pension fund in
24operation in the city on said date, by virtue of the House of
25Correction Employees' Pension Act.
26    (j) Any person employed full-time on or after the

 

 

SB0825 Enrolled- 160 -LRB102 04623 SMS 14642 b

1effective date of this amendatory Act of the 92nd General
2Assembly by the Chicago Housing Authority who has elected to
3participate in this Fund as provided in subsection (a) of
4Section 8-230.9.
5    (k) Any person employed full-time by the Public Building
6Commission of the city who has elected to participate in this
7Fund as provided in subsection (d) of Section 8-230.7.
8(Source: P.A. 100-23, eff. 7-6-17.)
 
9    (40 ILCS 5/8-232)  (from Ch. 108 1/2, par. 8-232)
10    Sec. 8-232. Basis of service credit.
11    (a) In computing the period of service of any employee for
12the minimum annuity under Section 8-138, the following
13provisions shall govern:
14        (1) All periods prior to the effective date shall be
15    computed in accordance with the provisions of Section
16    8-226, except for a re-entrant or future entrant who was
17    not in service on the day before the effective date.
18        (2) Service subsequent to the day before the effective
19    date, shall include: the actual period of time the
20    employee performs the duties of his position and makes
21    required contributions or performs such duties and is
22    given a city contribution for age and service annuity
23    purposes; leaves of absence from duty, or vacation, for
24    which an employee receives all or part of his salary;
25    periods included under item (c) of Section 8-226; periods

 

 

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1    during which the employee is temporarily assigned to
2    another position in the service and permitted to make
3    contributions to the fund; periods during which the
4    employee has had contributions for annuity purposes made
5    for him in accordance with law while on military leave of
6    absence during World War II; periods during which the
7    employee receives disability benefit under this Article,
8    or a temporary total disability benefit under the Workers'
9    Compensation Act if the disability results from a
10    condition commonly termed heart attack or stroke or any
11    other condition falling within the broad field of coronary
12    involvement or heart disease;
13        (3) Service during 6 or more months in any year shall
14    constitute a year of service, and service of less than 6
15    months but at least 1 month in any year shall constitute a
16    half year of service. However the right to have certain
17    periods of time considered as service as stated in
18    paragraph 2 of Section 8-168 or in Section 8-243 relating
19    to service as Alderperson Alderman shall not apply for
20    minimum annuity purposes under Section 8-138 of this
21    Article.
22    (b) For all other purposes of this Article, the following
23schedule shall govern the computation of service of an
24employee whose salary or wages is on the basis stated, and any
25fractional part of a year of service shall be determined
26according to said schedule:

 

 

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1    Annual or Monthly basis: Service during 4 months in any 1
2calendar year shall constitute a year of service.
3    Weekly basis: Service during any week shall constitute a
4week of service and service during any 17 weeks in any 1
5calendar year shall constitute a year of service.
6    Daily basis: Service during any day shall constitute a day
7of service and service during 100 days in any 1 calendar year
8shall constitute a year of service.
9    Hourly basis: Service during any hour shall constitute an
10hour of service and service during 700 hours in any 1 calendar
11year shall constitute a year of service.
12(Source: P.A. 85-964; 86-1488.)
 
13    (40 ILCS 5/8-243)  (from Ch. 108 1/2, par. 8-243)
14    Sec. 8-243. Service as alderperson alderman or member of
15city council. Whenever any person has served or hereafter
16serves as a duly elected alderperson alderman or member of the
17city council of any city of more than 500,000 inhabitants and
18is or hereafter becomes a contributing participant in any
19pension fund or any annuity and benefit fund in existence in
20such city by operation of law, the period of service as such
21alderperson alderman or member of the city council shall be
22counted as a period of service in computing any annuity or
23pension which such person may become entitled to receive from
24such fund upon separation from the service, except as ruled
25out for minimum annuity purposes in Section 8-232(a)(3).

 

 

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1(Source: Laws 1963, p. 161.)
 
2    (40 ILCS 5/8-243.2)  (from Ch. 108 1/2, par. 8-243.2)
3    Sec. 8-243.2. Alternative annuity for city officers.
4    (a) For the purposes of this Section and Sections 8-243.1
5and 8-243.3, "city officer" means the city clerk, the city
6treasurer, or an alderperson alderman of the city elected by
7vote of the people, while serving in that capacity or as
8provided in subsection (f), who has elected to participate in
9the Fund.
10    (b) Any elected city officer, while serving in that
11capacity or as provided in subsection (f), may elect to
12establish alternative credits for an alternative annuity by
13electing in writing to make additional optional contributions
14in accordance with this Section and the procedures established
15by the board. Such elected city officer may discontinue making
16the additional optional contributions by notifying the Fund in
17writing in accordance with this Section and procedures
18established by the board.
19    Additional optional contributions for the alternative
20annuity shall be as follows:
21        (1) For service after the option is elected, an
22    additional contribution of 3% of salary shall be
23    contributed to the Fund on the same basis and under the
24    same conditions as contributions required under Sections
25    8-174 and 8-182.

 

 

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1        (2) For service before the option is elected, an
2    additional contribution of 3% of the salary for the
3    applicable period of service, plus interest at the
4    effective rate from the date of service to the date of
5    payment. All payments for past service must be paid in
6    full before credit is given. No additional optional
7    contributions may be made for any period of service for
8    which credit has been previously forfeited by acceptance
9    of a refund, unless the refund is repaid in full with
10    interest at the effective rate from the date of refund to
11    the date of repayment.
12    (c) In lieu of the retirement annuity otherwise payable
13under this Article, any city officer elected by vote of the
14people who (1) has elected to participate in the Fund and make
15additional optional contributions in accordance with this
16Section, and (2) has attained age 55 with at least 10 years of
17service credit, or has attained age 60 with at least 8 years of
18service credit, may elect to have his retirement annuity
19computed as follows: 3% of the participant's salary at the
20time of termination of service for each of the first 8 years of
21service credit, plus 4% of such salary for each of the next 4
22years of service credit, plus 5% of such salary for each year
23of service credit in excess of 12 years, subject to a maximum
24of 80% of such salary. To the extent such elected city officer
25has made additional optional contributions with respect to
26only a portion of his years of service credit, his retirement

 

 

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1annuity will first be determined in accordance with this
2Section to the extent such additional optional contributions
3were made, and then in accordance with the remaining Sections
4of this Article to the extent of years of service credit with
5respect to which additional optional contributions were not
6made.
7    (d) In lieu of the disability benefits otherwise payable
8under this Article, any city officer elected by vote of the
9people who (1) has elected to participate in the Fund, and (2)
10has become permanently disabled and as a consequence is unable
11to perform the duties of his office, and (3) was making
12optional contributions in accordance with this Section at the
13time the disability was incurred, may elect to receive a
14disability annuity calculated in accordance with the formula
15in subsection (c). For the purposes of this subsection, such
16elected city officer shall be considered permanently disabled
17only if: (i) disability occurs while in service as an elected
18city officer and is of such a nature as to prevent him from
19reasonably performing the duties of his office at the time;
20and (ii) the board has received a written certification by at
21least 2 licensed physicians appointed by it stating that such
22officer is disabled and that the disability is likely to be
23permanent.
24    (e) Refunds of additional optional contributions shall be
25made on the same basis and under the same conditions as
26provided under Sections 8-168, 8-170 and 8-171. Interest shall

 

 

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1be credited at the effective rate on the same basis and under
2the same conditions as for other contributions. Optional
3contributions shall be accounted for in a separate Elected
4City Officer Optional Contribution Reserve. Optional
5contributions under this Section shall be included in the
6amount of employee contributions used to compute the tax levy
7under Section 8-173.
8    (f) The effective date of this plan of optional
9alternative benefits and contributions shall be July 1, 1990,
10or the date upon which approval is received from the U.S.
11Internal Revenue Service, whichever is later.
12    The plan of optional alternative benefits and
13contributions shall not be available to any former city
14officer or employee receiving an annuity from the Fund on the
15effective date of the plan, unless he re-enters service as an
16elected city officer and renders at least 3 years of
17additional service after the date of re-entry. However, a
18person who holds office as a city officer on June 1, 1995 may
19elect to participate in the plan, to transfer credits into the
20Fund from other Articles of this Code, and to make the
21contributions required for prior service, until 30 days after
22the effective date of this amendatory Act of the 92nd General
23Assembly, notwithstanding the ending of his term of office
24prior to that effective date; in the event that the person is
25already receiving an annuity from this Fund or any other
26Article of this Code at the time of making this election, the

 

 

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1annuity shall be recalculated to include any increase
2resulting from participation in the plan, with such increase
3taking effect on the effective date of the election.
4    (g) Notwithstanding any other provision in this Section or
5in this Code to the contrary, any person who first becomes a
6city officer, as defined in this Section, on or after the
7effective date of this amendatory Act of the 100th General
8Assembly, shall not be eligible for the alternative annuity or
9alternative disability benefits as provided in subsections
10(a), (b), (c), and (d) of this Section or for the alternative
11survivor's benefits as provided in Section 8-243.3. Such
12person shall not be eligible, or be required, to make any
13additional contributions beyond those required of other
14participants under Sections 8-137, 8-174, and 8-182. The
15retirement annuity, disability benefits, and survivor's
16benefits for a person who first becomes a city officer on or
17after the effective date of this amendatory Act of the 100th
18General Assembly shall be determined pursuant to the
19provisions otherwise provided in this Article.
20(Source: P.A. 100-23, eff. 7-6-17.)
 
21    Section 15. The Public Officer Prohibited Activities Act
22is amended by changing Sections 1, 1.3, 2, and 4 as follows:
 
23    (50 ILCS 105/1)  (from Ch. 102, par. 1)
24    Sec. 1. County board. No member of a county board, during

 

 

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1the term of office for which he or she is elected, may be
2appointed to, accept, or hold any office other than (i)
3chairman of the county board or member of the regional
4planning commission by appointment or election of the board of
5which he or she is a member, (ii) alderperson alderman of a
6city or member of the board of trustees of a village or
7incorporated town if the city, village, or incorporated town
8has fewer than 1,000 inhabitants and is located in a county
9having fewer than 50,000 inhabitants, or (iii) trustee of a
10forest preserve district created under Section 18.5 of the
11Conservation District Act, unless he or she first resigns from
12the office of county board member or unless the holding of
13another office is authorized by law. Any such prohibited
14appointment or election is void. This Section shall not
15preclude a member of the county board from being appointed or
16selected to serve as (i) a member of a County Extension Board
17as provided in Section 7 of the County Cooperative Extension
18Law, (ii) a member of an Emergency Telephone System Board as
19provided in Section 15.4 of the Emergency Telephone System
20Act, (iii) a member of the board of review as provided in
21Section 6-30 of the Property Tax Code, or (iv) a public
22administrator or public guardian as provided in Section 13-1
23of the Probate Act of 1975. Nothing in this Act shall be
24construed to prohibit an elected county official from holding
25elected office in another unit of local government so long as
26there is no contractual relationship between the county and

 

 

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1the other unit of local government. This amendatory Act of
21995 is declarative of existing law and is not a new enactment.
3(Source: P.A. 100-290, eff. 8-24-17.)
 
4    (50 ILCS 105/1.3)
5    Sec. 1.3. Municipal board member; education office. In a
6city, village, or incorporated town with fewer than 2,500
7inhabitants, an alderperson alderman of the city or a member
8of the board of trustees of a village or incorporated town,
9during the term of office for which he or she is elected, may
10also hold the office of member of the board of education,
11regional board of school trustees, board of school directors,
12or board of school inspectors.
13(Source: P.A. 91-161, eff. 7-16-99.)
 
14    (50 ILCS 105/2)  (from Ch. 102, par. 2)
15    Sec. 2. No alderperson alderman of any city, or member of
16the board of trustees of any village, during the term of office
17for which he or she is elected, may accept, be appointed to, or
18hold any office by the appointment of the mayor or president of
19the board of trustees, unless the alderperson alderman or
20board member is granted a leave of absence from such office, or
21unless he or she first resigns from the office of alderperson
22alderman or member of the board of trustees, or unless the
23holding of another office is authorized by law. The
24alderperson alderman or board member may, however, serve as a

 

 

SB0825 Enrolled- 170 -LRB102 04623 SMS 14642 b

1volunteer fireman and receive compensation for that service.
2The alderperson alderman may also serve as a commissioner of
3the Beardstown Regional Flood Prevention District board. Any
4appointment in violation of this Section is void. Nothing in
5this Act shall be construed to prohibit an elected municipal
6official from holding elected office in another unit of local
7government as long as there is no contractual relationship
8between the municipality and the other unit of local
9government. This amendatory Act of 1995 is declarative of
10existing law and is not a new enactment.
11(Source: P.A. 97-309, eff. 8-11-11.)
 
12    (50 ILCS 105/4)  (from Ch. 102, par. 4)
13    Sec. 4. Any alderperson alderman, member of a board of
14trustees, supervisor or county commissioner, or other person
15holding any office, either by election or appointment under
16the laws or constitution of this state, who violates any
17provision of the preceding sections, is guilty of a Class 4
18felony and in addition thereto, any office or official
19position held by any person so convicted shall become vacant,
20and shall be so declared as part of the judgment of court. This
21Section does not apply to a violation of subsection (b) of
22Section 2a.
23(Source: P.A. 100-868, eff. 1-1-19.)
 
24    Section 20. The Public Officer Simultaneous Tenure Act is

 

 

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1amended by changing Section 1 and by adding Section 5 as
2follows:
 
3    (50 ILCS 110/1)  (from Ch. 102, par. 4.10)
4    Sec. 1. Legislative findings; purpose). The General
5Assembly finds and declares that questions raised regarding
6the legality of simultaneously holding the office of county
7board member and township supervisor are unwarranted, and in
8counties of less than 100,000 population such questions
9regarding the legality of simultaneously holding the office of
10county board member and township trustee are unwarranted; that
11the General Assembly viewed the office of township supervisor,
12and in counties of less than 100,000 population the office of
13township trustee, and the office of county board member as
14compatible; and that to settle the question of legality and
15avoid confusion among such counties and townships as may be
16affected by such questions it is lawful to hold the office of
17county board member simultaneously with the office of township
18supervisor, and in counties of less than 100,000 population
19with the office of township trustee, in accordance with
20Sections 2 and 3 this Act.
21(Source: P.A. 82-554.)
 
22    (50 ILCS 110/5 new)
23    Sec. 5. Members of the General Assembly; elected officers
24of units of local government. Notwithstanding any other

 

 

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1provision of law, a unit of local government may not adopt an
2ordinance, referendum, or resolution that requires a member of
3the General Assembly to resign his or her office in order to be
4eligible to seek elected office in the unit of local
5government. Any ordinance, referendum, or resolution that
6contains such a provision is void.
7    A home rule unit may not regulate the eligibility
8requirements for those seeking elected office in the unit of
9local government in a manner inconsistent with this Section.
10This Section is a limitation under subsection (i) of Section 6
11of Article VII of the Illinois Constitution on the concurrent
12exercise by home rule units of powers and functions exercised
13by the State.
14    This Section applies to ordinances, referenda, or
15resolutions adopted on or after November 8, 2016.
 
16    Section 25. The Counties Code is amended by changing
17Sections 2-3001, 2-3002, 2-3003, 2-3004, 3-6002, and 3-14036
18as follows:
 
19    (55 ILCS 5/2-3001)  (from Ch. 34, par. 2-3001)
20    Sec. 2-3001. Definitions. As used in this Division, unless
21the context otherwise requires:
22    a. "District" means a county board district established as
23provided in this Division.
24    b. "County apportionment commission" or "commission" means

 

 

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1the county clerk, the State's Attorney, the Attorney General
2or his designated representative and the chairmen of the
3county central committees of the first leading political party
4and the second leading political party as defined in Section
51-3 of The Election Code.
6    c. "Population" means the number of inhabitants as
7determined by the last preceding federal decennial census. For
8the reapportionment of 2021, "population" means the number of
9inhabitants as determined by the county board by any
10reasonable method, including, but not limited to, the most
11recent American Community Survey 5-year data.
12    d. "Member" or "board member" means a person elected to
13serve on the county board.
14(Source: P.A. 86-962.)
 
15    (55 ILCS 5/2-3002)  (from Ch. 34, par. 2-3002)
16    Sec. 2-3002. Counties with population of less than
173,000,000 and with township form of government.
18    (a) Reapportionment required. By July 1, 1971, and each 10
19years thereafter, the county board of each county having a
20population of less than 3,000,000 inhabitants and the township
21form of government shall reapportion its county so that each
22member of the county board represents the same number of
23inhabitants, except that, for the reapportionment of 2021, the
24county board shall reapportion its county by December 31,
252021. In reapportioning its county, the county board shall

 

 

SB0825 Enrolled- 174 -LRB102 04623 SMS 14642 b

1first determine the size of the county board to be elected,
2which may consist of not less than 5 nor more than 29 members
3and may not exceed the size of the county board in that county
4on October 2, 1969. The county board shall also determine
5whether board members shall be elected at large from the
6county or by county board districts.
7    If the chairman of the county board is to be elected by the
8voters in a county of less than 450,000 population as provided
9in Section 2-3007, such chairman shall not be counted as a
10member of the county board for the purpose of the limitations
11on the size of a county board provided in this Section.
12    (b) Advisory referenda. The voters of a county may advise
13the county board, through an advisory referendum, on questions
14concerning (i) the number of members of the county board to be
15elected, (ii) whether the board members should be elected from
16single-member districts, multi-member districts, or at-large,
17(iii) whether voters will have cumulative voting rights in the
18election of county board members, or (iv) any combination of
19the preceding 3 questions. The advisory referendum may be
20initiated either by petition or by ordinance of the county
21board. A written petition for an advisory referendum
22authorized by this Section must contain the signatures of at
23least 8% of the votes cast for candidates for Governor in the
24preceding gubernatorial election by the registered voters of
25the county and must be filed with the appropriate election
26authority. An ordinance initiating an advisory referendum

 

 

SB0825 Enrolled- 175 -LRB102 04623 SMS 14642 b

1authorized by this Section must be approved by a majority of
2the members of the county board and must be filed with the
3appropriate election authority. An advisory referendum
4initiated under this Section shall be placed on the ballot at
5the general election designated in the petition or ordinance.
6(Source: P.A. 93-308, eff. 7-23-03.)
 
7    (55 ILCS 5/2-3003)  (from Ch. 34, par. 2-3003)
8    Sec. 2-3003. Apportionment plan.
9    (1) If the county board determines that members shall be
10elected by districts, it shall develop an apportionment plan
11and specify the number of districts and the number of county
12board members to be elected from each district and whether
13voters will have cumulative voting rights in multi-member
14districts. Each such district:
15        a. Shall be substantially equal in population to each
16    other district;
17        b. Shall be comprised of contiguous territory, as
18    nearly compact as practicable; and
19        c. May divide townships or municipalities only when
20    necessary to conform to the population requirement of
21    paragraph a. of this Section.
22        d. Shall be created in such a manner so that no
23    precinct shall be divided between 2 or more districts,
24    insofar as is practicable.
25    (2) The county board of each county having a population of

 

 

SB0825 Enrolled- 176 -LRB102 04623 SMS 14642 b

1less than 3,000,000 inhabitants may, if it should so decide,
2provide within that county for single member districts outside
3the corporate limits and multi-member districts within the
4corporate limits of any municipality with a population in
5excess of 75,000. Paragraphs a, b, c and d of subsection (1) of
6this Section shall apply to the apportionment of both single
7and multi-member districts within a county to the extent that
8compliance with paragraphs a, b, c and d still permit the
9establishment of such districts, except that the population of
10any multi-member district shall be equal to the population of
11any single member district, times the number of members found
12within that multi-member district.
13    (3) In a county where the Chairman of the County Board is
14elected by the voters of the county as provided in Section
152-3007, the Chairman of the County Board may develop and
16present to the Board by the third Wednesday in May in the year
17after a federal decennial census year an apportionment plan in
18accordance with the provisions of subsection (1) of this
19Section. If the Chairman presents a plan to the Board by the
20third Wednesday in May, the Board shall conduct at least one
21public hearing to receive comments and to discuss the
22apportionment plan, the hearing shall be held at least 6 days
23but not more than 21 days after the Chairman's plan was
24presented to the Board, and the public shall be given notice of
25the hearing at least 6 days in advance. If the Chairman
26presents a plan by the third Wednesday in May, the Board is

 

 

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1prohibited from enacting an apportionment plan until after a
2hearing on the plan presented by the Chairman. The Chairman
3shall have access to the federal decennial census available to
4the Board.
5    (4) In a county where a County Executive is elected by the
6voters of the county as provided in Section 2-5007 of the
7Counties Code, the County Executive may develop and present to
8the Board by the third Wednesday in May in the year after a
9federal decennial census year an apportionment plan in
10accordance with the provisions of subsection (1) of this
11Section. If the Executive presents a plan to the Board by the
12third Wednesday in May, the Board shall conduct at least one
13public hearing to receive comments and to discuss the
14apportionment plan, the hearing shall be held at least 6 days
15but not more than 21 days after the Executive's plan was
16presented to the Board, and the public shall be given notice of
17the hearing at least 6 days in advance. If the Executive
18presents a plan by the third Wednesday in May, the Board is
19prohibited from enacting an apportionment plan until after a
20hearing on the plan presented by the Executive. The Executive
21shall have access to the federal decennial census available to
22the Board.
23    (5) For the reapportionment of 2021, the Chairman of the
24County Board or County Executive may develop and present (or
25redevelop and represent) to the Board by the third Wednesday
26in November in the year after a federal decennial census year

 

 

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1an apportionment plan and the Board shall conduct its public
2hearing as provided in paragraphs (3) and (4) following
3receipt of the apportionment plan.
4(Source: P.A. 96-1540, eff. 3-7-11; 97-986, eff. 8-17-12.)
 
5    (55 ILCS 5/2-3004)  (from Ch. 34, par. 2-3004)
6    Sec. 2-3004. Failure to complete reapportionment. If any
7county board fails to complete the reapportionment of its
8county by July 1 in 2011 or any 10 years thereafter or by the
9day after the county board's regularly scheduled July meeting
10in 2011 or any 10 years thereafter, or for the reapportionment
11of 2021, by the third Wednesday in November in the year after a
12federal decennial census year, whichever is later, the county
13clerk of that county shall convene the county apportionment
14commission. Three members of the commission shall constitute a
15quorum, but a majority of all the members must vote
16affirmatively on any determination made by the commission. The
17commission shall adopt rules for its procedure.
18    The commission shall develop an apportionment plan for the
19county in the manner provided by Section 2-3003, dividing the
20county into the same number of districts as determined by the
21county board. If the county board has failed to determine the
22size of the county board to be elected, then the number of
23districts and the number of members to be elected shall be the
24largest number to which the county is entitled under Section
252-3002.

 

 

SB0825 Enrolled- 179 -LRB102 04623 SMS 14642 b

1    The commission shall submit its apportionment plan by
2October 1 in the year that it is convened, except that the
3circuit court, for good cause shown, may grant an extension of
4time, not exceeding a total of 60 days, within which such a
5plan may be submitted.
6(Source: P.A. 96-1540, eff. 3-7-11.)
 
7    (55 ILCS 5/3-6002)  (from Ch. 34, par. 3-6002)
8    Sec. 3-6002. Commencement of duties. The sheriff shall
9enter upon the duties of his or her office on the first day in
10the month of December 1 following his or her election on which
11the office of the sheriff is required, by statute or by action
12of the county board, to be open.
13(Source: P.A. 86-962.)
 
14    (55 ILCS 5/3-14036)  (from Ch. 34, par. 3-14036)
15    Sec. 3-14036. Payments of political contributions to
16public officers prohibited. No officer or employee in the
17classified civil service of said county, or named in Section
183-14022, shall directly or indirectly, give or hand over to
19any officer or employee, or to any senator or representative
20or alderperson alderman, councilman, or commissioner, any
21money or other valuable thing on account of or to be applied to
22the promotion of any party or political object whatever.
23(Source: P.A. 86-976.)
 

 

 

SB0825 Enrolled- 180 -LRB102 04623 SMS 14642 b

1    Section 30. The Township Code is amended by changing
2Section 45-10 as follows:
 
3    (60 ILCS 1/45-10)
4    Sec. 45-10. Political party caucus in township; notice.
5    (a) On the first Tuesday in December preceding the date of
6the regular township election, a caucus shall be held by the
7voters of each established political party in a township to
8nominate its candidates for the various offices to be filled
9at the election. Notice of the caucus shall be given at least
1010 days before it is held by publication in some newspaper
11having a general circulation in the township. Not less than 30
12days before the caucus, the township clerk shall notify the
13chairman or membership of each township central committee by
14first-class mail of the chairman's or membership's obligation
15to report the time and location of the political party's
16caucus. Not less than 20 days before the caucus, each chairman
17of the township central committee shall notify the township
18clerk by first-class mail of the time and location of the
19political party's caucus. If the time and location of 2 or more
20political party caucuses conflict, the township clerk shall
21establish, by a fair and impartial public lottery, the time
22and location for each caucus.
23    If the chairperson of the township central committee fails
24to meet within the township or to meet any of the other
25requirements of this Section, the chairperson's political

 

 

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1party shall not be permitted to nominate a candidate, either
2by caucus as provided for in this Section or as otherwise
3authorized by the Election Code, in the next upcoming
4consolidated election for any office for which a nomination
5could have been made at the caucus should the chairperson of
6the township central committee have met the requirements of
7this Section.
8    (b) Except as provided in this Section, the township board
9shall cause notices of the caucuses to be published. The
10notice shall state the time and place where the caucus for each
11political party will be held. The board shall fix a place
12within the township for holding the caucus for each
13established political party. When a new township has been
14established under Section 10-25, the county board shall cause
15notice of the caucuses to be published as required by this
16Section and shall fix the place within the new township for
17holding the caucuses.
18(Source: P.A. 97-81, eff. 7-5-11; 98-443, eff. 8-16-13.)
 
19    Section 35. The Illinois Municipal Code is amended by
20changing Sections 1-1-2, 2-2-9, 3.1-10-5, 3.1-10-30,
213.1-10-50, 3.1-10-51, 3.1-10-60, 3.1-10-65, 3.1-10-75,
223.1-15-5, 3.1-15-15, 3.1-15-25, 3.1-15-30, 3.1-15-35,
233.1-15-40, 3.1-20-10, 3.1-20-15, 3.1-20-20, 3.1-20-22,
243.1-20-25, 3.1-20-30, 3.1-20-35, 3.1-20-40, 3.1-20-45,
253.1-25-70, 3.1-25-75, 3.1-35-35, 3.1-40-5, 3.1-40-10,

 

 

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13.1-40-15, 3.1-40-25, 3.1-40-30, 3.1-40-35, 3.1-40-40,
23.1-40-50, 3.1-40-55, 3.1-45-5, 3.1-45-15, 3.1-55-5, 4-1-2,
34-10-1, 5-1-4, 5-2-1, 5-2-2, 5-2-3, 5-2-3.1, 5-2-4, 5-2-5,
45-2-7, 5-2-8, 5-2-11, 5-2-12, 5-2-17, 5-2-18, 5-2-18.1,
55-2-18.2, 5-2-18.7, 5-2-19, 5-3-1, 5-3-3, 5-3-4, 5-3-5, 5-3-7,
65-3-8, 5-4-1, 5-4-3, 5-5-1, 5-5-5, 6-3-2, 6-3-3, 6-3-4, 6-3-5,
76-3-6, 6-3-7, 6-3-8, 6-3-9, 6-3-10, 6-4-3, 6-4-4, 6-5-1,
87-1-15, 7-1-39, 7-1-42, 7-2-1, 7-2-19, 7-2-28, 8-9-1, 10-1-30,
910-3-5, 11-13-1.1, 11-13-10, 11-13-14, 11-13-14.1, 11-80-5,
1011-91-1, and 11-101-2 as follows:
 
11    (65 ILCS 5/1-1-2)  (from Ch. 24, par. 1-1-2)
12    Sec. 1-1-2. Definitions. In this Code:
13    (1) "Municipal" or "municipality" means a city, village,
14or incorporated town in the State of Illinois, but, unless the
15context otherwise provides, "municipal" or "municipality" does
16not include a township, town when used as the equivalent of a
17township, incorporated town that has superseded a civil
18township, county, school district, park district, sanitary
19district, or any other similar governmental district. If
20"municipal" or "municipality" is given a different definition
21in any particular Division or Section of this Act, that
22definition shall control in that division or Section only.
23    (2) "Corporate authorities" means (a) the mayor and
24alderpersons aldermen or similar body when the reference is to
25cities, (b) the president and trustees or similar body when

 

 

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1the reference is to villages or incorporated towns, and (c)
2the council when the reference is to municipalities under the
3commission form of municipal government.
4    (3) "Electors" means persons qualified to vote for
5elective officers at municipal elections.
6    (4) "Person" means any individual, partnership,
7corporation, joint stock association, or the State of Illinois
8or any subdivision of the State; and includes any trustee,
9receiver, assignee, or personal representative of any of those
10entities.
11    (5) Except as otherwise provided by ordinance, "fiscal
12year" in all municipalities with fewer than 500,000
13inhabitants, and "municipal year" in all municipalities, means
14the period elapsing (a) between general municipal elections in
15succeeding calendar years, or (b) if general municipal
16elections are held biennially, then between a general
17municipal election and the same day of the same month of the
18following calendar year, and between that day and the next
19succeeding general municipal election, or (c) if general
20municipal elections are held quadrennially, then between a
21general municipal election and the same day of the same month
22of the following calendar year, and between that day and the
23same day of the same month of the next following calendar year,
24and between the last mentioned day and the same day of the same
25month of the next following calendar year, and between the
26last mentioned day and the next succeeding general municipal

 

 

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

 

 

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1cities, villages, and incorporated towns.
2(Source: P.A. 87-1119.)
 
3    (65 ILCS 5/2-2-9)  (from Ch. 24, par. 2-2-9)
4    Sec. 2-2-9. The election for city officers in any
5incorporated town or village which has voted to incorporate as
6a city shall be held at the time of the next regularly
7scheduled election for officers, in accordance with the
8general election law. The corporate authorities of such
9incorporated town or village shall cause the result to be
10entered upon the records of the city. Alderpersons Aldermen
11may be elected on a general ticket at the election.
12(Source: P.A. 81-1490.)
 
13    (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
14    Sec. 3.1-10-5. Qualifications; elective office.
15    (a) A person is not eligible for an elective municipal
16office unless that person is a qualified elector of the
17municipality and has resided in the municipality at least one
18year next preceding the election or appointment, except as
19provided in Section 3.1-20-25, subsection (b) of Section
203.1-25-75, Section 5-2-2, or Section 5-2-11.
21    (b) A person is not eligible to take the oath of office for
22a municipal office if that person is, at the time required for
23taking the oath of office, in arrears in the payment of a tax
24or other indebtedness due to the municipality or has been

 

 

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1convicted in any court located in the United States of any
2infamous crime, bribery, perjury, or other felony, unless such
3person is again restored to his or her rights of citizenship
4that may have been forfeited under Illinois law as a result of
5a conviction, which includes eligibility to hold elected
6municipal office, by the terms of a pardon for the offense, has
7received a restoration of rights by the Governor, or otherwise
8according to law. Any time after a judgment of conviction is
9rendered, a person convicted of an infamous crime, bribery,
10perjury, or other felony may petition the Governor for a
11restoration of rights.
12    The changes made to this subsection by this amendatory Act
13of the 102nd General Assembly are declarative of existing law
14and apply to all persons elected at the April 4, 2017
15consolidated election and to persons elected or appointed
16thereafter.
17    (b-5) (Blank).
18    (c) A person is not eligible for the office of alderperson
19alderman of a ward unless that person has resided in the ward
20that the person seeks to represent, and a person is not
21eligible for the office of trustee of a district unless that
22person has resided in the municipality, at least one year next
23preceding the election or appointment, except as provided in
24Section 3.1-20-25, subsection (b) of Section 3.1-25-75,
25Section 5-2-2, or Section 5-2-11.
26    (d) If a person (i) is a resident of a municipality

 

 

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1immediately prior to the active duty military service of that
2person or that person's spouse, (ii) resides anywhere outside
3of the municipality during that active duty military service,
4and (iii) immediately upon completion of that active duty
5military service is again a resident of the municipality, then
6the time during which the person resides outside the
7municipality during the active duty military service is deemed
8to be time during which the person is a resident of the
9municipality for purposes of determining the residency
10requirement under subsection (a).
11(Source: P.A. 98-115, eff. 7-29-13; 99-449, eff. 8-24-15.)
 
12    (65 ILCS 5/3.1-10-30)  (from Ch. 24, par. 3.1-10-30)
13    Sec. 3.1-10-30. Bond. Before entering upon the duties of
14their respective offices, all municipal officers, except
15alderpersons aldermen and trustees, shall execute a bond with
16security, to be approved by the corporate authorities. The
17bond shall be payable to the municipality in the penal sum
18directed by resolution or ordinance, conditioned upon the
19faithful performance of the duties of the office and the
20payment of all money received by the officer, according to law
21and the ordinances of that municipality. The bond may provide
22that the obligation of the sureties shall not extend to any
23loss sustained by the insolvency, failure, or closing of any
24bank or savings and loan association organized and operating
25either under the laws of the State of Illinois or the United

 

 

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1States in which the officer has placed funds in the officer's
2custody, if the bank or savings and loan association has been
3approved by the corporate authorities as a depository for
4those funds. In no case, however, shall the mayor's bond be
5fixed at less than $3,000. The treasurer's bond shall be an
6amount of money that is not less than 3 times the latest
7Federal census population or any subsequent census figure used
8for Motor Fuel Tax purposes. Bonds shall be filed with the
9municipal clerk, except the bond of the clerk, which shall be
10filed with the municipal treasurer.
11(Source: P.A. 87-1119.)
 
12    (65 ILCS 5/3.1-10-50)
13    Sec. 3.1-10-50. Events upon which an elective office
14becomes vacant in municipality with population under 500,000.
15    (a) Vacancy by resignation. A resignation is not effective
16unless it is in writing, signed by the person holding the
17elective office, and notarized.
18        (1) Unconditional resignation. An unconditional
19    resignation by a person holding the elective office may
20    specify a future date, not later than 60 days after the
21    date the resignation is received by the officer authorized
22    to fill the vacancy, at which time it becomes operative,
23    but the resignation may not be withdrawn after it is
24    received by the officer authorized to fill the vacancy.
25    The effective date of a resignation that does not specify

 

 

SB0825 Enrolled- 189 -LRB102 04623 SMS 14642 b

1    a future date at which it becomes operative is the date the
2    resignation is received by the officer authorized to fill
3    the vacancy. The effective date of a resignation that has
4    a specified future effective date is that specified future
5    date or the date the resignation is received by the
6    officer authorized to fill the vacancy, whichever date
7    occurs later.
8        (2) Conditional resignation. A resignation that does
9    not become effective unless a specified event occurs can
10    be withdrawn at any time prior to the occurrence of the
11    specified event, but if not withdrawn, the effective date
12    of the resignation is the date of the occurrence of the
13    specified event or the date the resignation is received by
14    the officer authorized to fill the vacancy, whichever date
15    occurs later.
16        (3) Vacancy upon the effective date. For the purpose
17    of determining the time period that would require an
18    election to fill the vacancy by resignation or the
19    commencement of the 60-day time period referred to in
20    subsection (e), the resignation of an elected officer is
21    deemed to have created a vacancy as of the effective date
22    of the resignation.
23        (4) Duty of the clerk. If a resignation is delivered
24    to the clerk of the municipality, the clerk shall forward
25    a certified copy of the written resignation to the
26    official who is authorized to fill the vacancy within 7

 

 

SB0825 Enrolled- 190 -LRB102 04623 SMS 14642 b

1    business days after receipt of the resignation.
2    (b) Vacancy by death or disability. A vacancy occurs in an
3office by reason of the death of the incumbent. The date of the
4death may be established by the date shown on the death
5certificate. A vacancy occurs in an office by permanent
6physical or mental disability rendering the person incapable
7of performing the duties of the office. The corporate
8authorities have the authority to make the determination
9whether an officer is incapable of performing the duties of
10the office because of a permanent physical or mental
11disability. A finding of mental disability shall not be made
12prior to the appointment by a court of a guardian ad litem for
13the officer or until a duly licensed doctor certifies, in
14writing, that the officer is mentally impaired to the extent
15that the officer is unable to effectively perform the duties
16of the office. If the corporate authorities find that an
17officer is incapable of performing the duties of the office
18due to permanent physical or mental disability, that person is
19removed from the office and the vacancy of the office occurs on
20the date of the determination.
21    (c) Vacancy by other causes.
22        (1) Abandonment and other causes. A vacancy occurs in
23    an office by reason of abandonment of office; removal from
24    office; or failure to qualify; or more than temporary
25    removal of residence from the municipality; or in the case
26    of an alderperson alderman of a ward or councilman or

 

 

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1    trustee of a district, more than temporary removal of
2    residence from the ward or district, as the case may be.
3    The corporate authorities have the authority to determine
4    whether a vacancy under this subsection has occurred. If
5    the corporate authorities determine that a vacancy exists,
6    the office is deemed vacant as of the date of that
7    determination for all purposes including the calculation
8    under subsections (e), (f), and (g).
9        (2) Guilty of a criminal offense. An admission of
10    guilt of a criminal offense that upon conviction would
11    disqualify the municipal officer from holding the office,
12    in the form of a written agreement with State or federal
13    prosecutors to plead guilty to a felony, bribery, perjury,
14    or other infamous crime under State or federal law,
15    constitutes a resignation from that office, effective on
16    the date the plea agreement is made. For purposes of this
17    Section, a conviction for an offense that disqualifies a
18    municipal officer from holding that office occurs on the
19    date of the return of a guilty verdict or, in the case of a
20    trial by the court, on the entry of a finding of guilt.
21        (3) Election declared void. A vacancy occurs on the
22    date of the decision of a competent tribunal declaring the
23    election of the officer void.
24        (4) Owing a debt to the municipality. A vacancy occurs
25    if a municipal official fails to pay a debt to a
26    municipality in which the official has been elected or

 

 

SB0825 Enrolled- 192 -LRB102 04623 SMS 14642 b

1    appointed to an elected position subject to the following:
2            (A) Before a vacancy may occur under this
3        paragraph (4), the municipal clerk shall deliver, by
4        personal service, a written notice to the municipal
5        official that (i) the municipal official is in arrears
6        of a debt to the municipality, (ii) that municipal
7        official must either pay or contest the debt within 30
8        days after receipt of the notice or the municipal
9        official will be disqualified and his or her office
10        vacated, and (iii) if the municipal official chooses
11        to contest the debt, the municipal official must
12        provide written notice to the municipal clerk of the
13        contesting of the debt. A copy of the notice, and the
14        notice to contest, shall also be mailed by the
15        municipal clerk to the appointed municipal attorney by
16        certified mail. If the municipal clerk is the
17        municipal official indebted to the municipality, the
18        mayor or president of the municipality shall assume
19        the duties of the municipal clerk required under this
20        paragraph (4).
21            (B) In the event that the municipal official
22        chooses to contest the debt, a hearing shall be held
23        within 30 days of the municipal clerk's receipt of the
24        written notice of contest from the municipal official.
25        An appointed municipal hearing officer shall preside
26        over the hearing, and shall hear testimony and accept

 

 

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1        evidence relevant to the existence of the debt owed by
2        the municipal officer to the municipality.
3            (C) Upon the conclusion of the hearing, the
4        hearing officer shall make a determination on the
5        basis of the evidence presented as to whether or not
6        the municipal official is in arrears of a debt to the
7        municipality. The determination shall be in writing
8        and shall be designated as findings, decision, and
9        order. The findings, decision, and order shall
10        include: (i) the hearing officer's findings of fact;
11        (ii) a decision of whether or not the municipal
12        official is in arrears of a debt to the municipality
13        based upon the findings of fact; and (iii) an order
14        that either directs the municipal official to pay the
15        debt within 30 days or be disqualified and his or her
16        office vacated or dismisses the matter if a debt owed
17        to the municipality is not proved. A copy of the
18        hearing officer's written determination shall be
19        served upon the municipal official in open proceedings
20        before the hearing officer. If the municipal official
21        does not appear for receipt of the written
22        determination, the written determination shall be
23        deemed to have been served on the municipal official
24        on the date when a copy of the written determination is
25        personally served on the municipal official or on the
26        date when a copy of the written determination is

 

 

SB0825 Enrolled- 194 -LRB102 04623 SMS 14642 b

1        deposited in the United States mail, postage prepaid,
2        addressed to the municipal official at the address on
3        record with the municipality.
4            (D) A municipal official aggrieved by the
5        determination of a hearing officer may secure judicial
6        review of such determination in the circuit court of
7        the county in which the hearing was held. The
8        municipal official seeking judicial review must file a
9        petition with the clerk of the court and must serve a
10        copy of the petition upon the municipality by
11        registered or certified mail within 5 days after
12        service of the determination of the hearing officer.
13        The petition shall contain a brief statement of the
14        reasons why the determination of the hearing officer
15        should be reversed. The municipal official shall file
16        proof of service with the clerk of the court. No answer
17        to the petition need be filed, but the municipality
18        shall cause the record of proceedings before the
19        hearing officer to be filed with the clerk of the court
20        on or before the date of the hearing on the petition or
21        as ordered by the court. The court shall set the matter
22        for hearing to be held within 30 days after the filing
23        of the petition and shall make its decision promptly
24        after such hearing.
25            (E) If a municipal official chooses to pay the
26        debt, or is ordered to pay the debt after the hearing,

 

 

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1        the municipal official must present proof of payment
2        to the municipal clerk that the debt was paid in full,
3        and, if applicable, within the required time period as
4        ordered by a hearing officer or circuit court judge.
5            (F) A municipal official will be disqualified and
6        his or her office vacated pursuant to this paragraph
7        (4) on the later of the following times if the
8        municipal official: (i) fails to pay or contest the
9        debt within 30 days of the municipal official's
10        receipt of the notice of the debt; (ii) fails to pay
11        the debt within 30 days after being served with a
12        written determination under subparagraph (C) ordering
13        the municipal official to pay the debt; or (iii) fails
14        to pay the debt within 30 days after being served with
15        a decision pursuant to subparagraph (D) upholding a
16        hearing officer's determination that the municipal
17        officer has failed to pay a debt owed to a
18        municipality.
19            (G) For purposes of this paragraph, a "debt" shall
20        mean an arrearage in a definitely ascertainable and
21        quantifiable amount after service of written notice
22        thereof, in the payment of any indebtedness due to the
23        municipality, which has been adjudicated before a
24        tribunal with jurisdiction over the matter. A
25        municipal official is considered in arrears of a debt
26        to a municipality if a debt is more than 30 days

 

 

SB0825 Enrolled- 196 -LRB102 04623 SMS 14642 b

1        overdue from the date the debt was due.
2    (d) Election of an acting mayor or acting president. The
3election of an acting mayor or acting president pursuant to
4subsection (f) or (g) does not create a vacancy in the original
5office of the person on the city council or as a trustee, as
6the case may be, unless the person resigns from the original
7office following election as acting mayor or acting president.
8If the person resigns from the original office following
9election as acting mayor or acting president, then the
10original office must be filled pursuant to the terms of this
11Section and the acting mayor or acting president shall
12exercise the powers of the mayor or president and shall vote
13and have veto power in the manner provided by law for a mayor
14or president. If the person does not resign from the original
15office following election as acting mayor or acting president,
16then the acting mayor or acting president shall exercise the
17powers of the mayor or president but shall be entitled to vote
18only in the manner provided for as the holder of the original
19office and shall not have the power to veto. If the person does
20not resign from the original office following election as
21acting mayor or acting president, and if that person's
22original term of office has not expired when a mayor or
23president is elected and has qualified for office, the acting
24mayor or acting-president shall return to the original office
25for the remainder of the term thereof.
26    (e) Appointment to fill alderperson alderman or trustee

 

 

SB0825 Enrolled- 197 -LRB102 04623 SMS 14642 b

1vacancy. An appointment by the mayor or president or acting
2mayor or acting president, as the case may be, of a qualified
3person as described in Section 3.1-10-5 of this Code to fill a
4vacancy in the office of alderperson alderman or trustee must
5be made within 60 days after the vacancy occurs. Once the
6appointment of the qualified person has been forwarded to the
7corporate authorities, the corporate authorities shall act
8upon the appointment within 30 days. If the appointment fails
9to receive the advice and consent of the corporate authorities
10within 30 days, the mayor or president or acting mayor or
11acting president shall appoint and forward to the corporate
12authorities a second qualified person as described in Section
133.1-10-5. Once the appointment of the second qualified person
14has been forwarded to the corporate authorities, the corporate
15authorities shall act upon the appointment within 30 days. If
16the appointment of the second qualified person also fails to
17receive the advice and consent of the corporate authorities,
18then the mayor or president or acting mayor or acting
19president, without the advice and consent of the corporate
20authorities, may make a temporary appointment from those
21persons who were appointed but whose appointments failed to
22receive the advice and consent of the corporate authorities.
23The person receiving the temporary appointment shall serve
24until an appointment has received the advice and consent and
25the appointee has qualified or until a person has been elected
26and has qualified, whichever first occurs.

 

 

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1    (f) Election to fill vacancies in municipal offices with
24-year terms. If a vacancy occurs in an elective municipal
3office with a 4-year term and there remains an unexpired
4portion of the term of at least 28 months, and the vacancy
5occurs at least 130 days before the general municipal election
6next scheduled under the general election law, then the
7vacancy shall be filled for the remainder of the term at that
8general municipal election. Whenever an election is held for
9this purpose, the municipal clerk shall certify the office to
10be filled and the candidates for the office to the proper
11election authorities as provided in the general election law.
12If a vacancy occurs with less than 28 months remaining in the
13unexpired portion of the term or less than 130 days before the
14general municipal election, then:
15        (1) Mayor or president. If the vacancy is in the
16    office of mayor or president, the vacancy must be filled
17    by the corporate authorities electing one of their members
18    as acting mayor or acting president. Except as set forth
19    in subsection (d), the acting mayor or acting president
20    shall perform the duties and possess all the rights and
21    powers of the mayor or president until a mayor or
22    president is elected at the next general municipal
23    election and has qualified. However, in villages with a
24    population of less than 5,000, if each of the trustees
25    either declines the election as acting president or is not
26    elected by a majority vote of the trustees presently

 

 

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1    holding office, then the trustees may elect, as acting
2    president, any other village resident who is qualified to
3    hold municipal office, and the acting president shall
4    exercise the powers of the president and shall vote and
5    have veto power in the manner provided by law for a
6    president.
7        (2) Alderperson Alderman or trustee. If the vacancy is
8    in the office of alderperson alderman or trustee, the
9    vacancy must be filled by the mayor or president or acting
10    mayor or acting president, as the case may be, in
11    accordance with subsection (e).
12        (3) Other elective office. If the vacancy is in any
13    elective municipal office other than mayor or president or
14    alderperson alderman or trustee, the mayor or president or
15    acting mayor or acting president, as the case may be, must
16    appoint a qualified person to hold the office until the
17    office is filled by election, subject to the advice and
18    consent of the city council or the board of trustees, as
19    the case may be.
20    (g) Vacancies in municipal offices with 2-year terms. In
21the case of an elective municipal office with a 2-year term, if
22the vacancy occurs at least 130 days before the general
23municipal election next scheduled under the general election
24law, the vacancy shall be filled for the remainder of the term
25at that general municipal election. If the vacancy occurs less
26than 130 days before the general municipal election, then:

 

 

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1        (1) Mayor or president. If the vacancy is in the
2    office of mayor or president, the vacancy must be filled
3    by the corporate authorities electing one of their members
4    as acting mayor or acting president. Except as set forth
5    in subsection (d), the acting mayor or acting president
6    shall perform the duties and possess all the rights and
7    powers of the mayor or president until a mayor or
8    president is elected at the next general municipal
9    election and has qualified. However, in villages with a
10    population of less than 5,000, if each of the trustees
11    either declines the election as acting president or is not
12    elected by a majority vote of the trustees presently
13    holding office, then the trustees may elect, as acting
14    president, any other village resident who is qualified to
15    hold municipal office, and the acting president shall
16    exercise the powers of the president and shall vote and
17    have veto power in the manner provided by law for a
18    president.
19        (2) Alderperson Alderman or trustee. If the vacancy is
20    in the office of alderperson alderman or trustee, the
21    vacancy must be filled by the mayor or president or acting
22    mayor or acting president, as the case may be, in
23    accordance with subsection (e).
24        (3) Other elective office. If the vacancy is in any
25    elective municipal office other than mayor or president or
26    alderperson alderman or trustee, the mayor or president or

 

 

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1    acting mayor or acting president, as the case may be, must
2    appoint a qualified person to hold the office until the
3    office is filled by election, subject to the advice and
4    consent of the city council or the board of trustees, as
5    the case may be.
6    (h) In cases of vacancies arising by reason of an election
7being declared void pursuant to paragraph (3) of subsection
8(c), persons holding elective office prior thereto shall hold
9office until their successors are elected and qualified or
10appointed and confirmed by advice and consent, as the case may
11be.
12    (i) This Section applies only to municipalities with
13populations under 500,000.
14(Source: P.A. 99-449, eff. 8-24-15.)
 
15    (65 ILCS 5/3.1-10-51)
16    Sec. 3.1-10-51. Vacancies in municipalities with a
17population of 500,000 or more.
18    (a) Events upon which an elective office in a municipality
19of 500,000 or more shall become vacant:
20        (1) A municipal officer may resign from office. A
21    vacancy occurs in an office by reason of resignation,
22    failure to elect or qualify (in which case the incumbent
23    shall remain in office until the vacancy is filled),
24    death, permanent physical or mental disability rendering
25    the person incapable of performing the duties of his or

 

 

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1    her office, conviction of a disqualifying crime,
2    abandonment of office, removal from office, or removal of
3    residence from the municipality or, in the case of an
4    alderperson alderman of a ward, removal of residence from
5    the ward.
6        (2) An admission of guilt of a criminal offense that
7    would, upon conviction, disqualify the municipal officer
8    from holding that office, in the form of a written
9    agreement with State or federal prosecutors to plead
10    guilty to a felony, bribery, perjury, or other infamous
11    crime under State or federal law, shall constitute a
12    resignation from that office, effective at the time the
13    plea agreement is made. For purposes of this Section, a
14    conviction for an offense that disqualifies the municipal
15    officer from holding that office occurs on the date of the
16    return of a guilty verdict or, in the case of a trial by
17    the court, the entry of a finding of guilt.
18        (3) Owing a debt to the municipality. A vacancy occurs
19    if a municipal official fails to pay a debt to a
20    municipality in which the official has been elected or
21    appointed to an elected position subject to the following:
22            (A) Before a vacancy may occur under this
23        paragraph (3), the municipal clerk shall deliver, by
24        personal service, a written notice to the municipal
25        official that (i) the municipal official is in arrears
26        of a debt to the municipality, (ii) that municipal

 

 

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1        official must either pay or contest the debt within 30
2        days after receipt of the notice or the municipal
3        official will be disqualified and his or her office
4        vacated, and (iii) if the municipal official chooses
5        to contest the debt, the municipal official must
6        provide written notice to the municipal clerk of the
7        contesting of the debt. A copy of the notice, and the
8        notice to contest, shall also be mailed by the
9        municipal clerk to the appointed municipal attorney by
10        certified mail. If the municipal clerk is the
11        municipal official indebted to the municipality, the
12        mayor or president of the municipality shall assume
13        the duties of the municipal clerk required under this
14        paragraph (3).
15            (B) In the event that the municipal official
16        chooses to contest the debt, a hearing shall be held
17        within 30 days of the municipal clerk's receipt of the
18        written notice of contest from the municipal official.
19        An appointed municipal hearing officer shall preside
20        over the hearing, and shall hear testimony and accept
21        evidence relevant to the existence of the debt owed by
22        the municipal officer to the municipality.
23            (C) Upon the conclusion of the hearing, the
24        hearing officer shall make a determination on the
25        basis of the evidence presented as to whether or not
26        the municipal official is in arrears of a debt to the

 

 

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1        municipality. The determination shall be in writing
2        and shall be designated as findings, decision, and
3        order. The findings, decision, and order shall
4        include: (i) the hearing officer's findings of fact;
5        (ii) a decision of whether or not the municipal
6        official is in arrears of a debt to the municipality
7        based upon the findings of fact; and (iii) an order
8        that either directs the municipal official to pay the
9        debt within 30 days or be disqualified and his or her
10        office vacated or dismisses the matter if a debt owed
11        to the municipality is not proved. A copy of the
12        hearing officer's written determination shall be
13        served upon the municipal official in open proceedings
14        before the hearing officer. If the municipal official
15        does not appear for receipt of the written
16        determination, the written determination shall be
17        deemed to have been served on the municipal official
18        on the date when a copy of the written determination is
19        personally served on the municipal official or on the
20        date when a copy of the written determination is
21        deposited in the United States mail, postage prepaid,
22        addressed to the municipal official at the address on
23        record in the files of the municipality.
24            (D) A municipal official aggrieved by the
25        determination of a hearing officer may secure judicial
26        review of such determination in the circuit court of

 

 

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1        the county in which the hearing was held. The
2        municipal official seeking judicial review must file a
3        petition with the clerk of the court and must serve a
4        copy of the petition upon the municipality by
5        registered or certified mail within 5 days after
6        service of the determination of the hearing officer.
7        The petition shall contain a brief statement of the
8        reasons why the determination of the hearing officer
9        should be reversed. The municipal official shall file
10        proof of service with the clerk of the court. No answer
11        to the petition need be filed, but the municipality
12        shall cause the record of proceedings before the
13        hearing officer to be filed with the clerk of the court
14        on or before the date of the hearing on the petition or
15        as ordered by the court. The court shall set the matter
16        for hearing to be held within 30 days after the filing
17        of the petition and shall make its decision promptly
18        after such hearing.
19            (E) If a municipal official chooses to pay the
20        debt, or is ordered to pay the debt after the hearing,
21        the municipal official must present proof of payment
22        to the municipal clerk that the debt was paid in full,
23        and, if applicable, within the required time period as
24        ordered by a hearing officer.
25            (F) A municipal official will be disqualified and
26        his or her office vacated pursuant to this paragraph

 

 

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1        (3) on the later of the following times the municipal
2        official: (i) fails to pay or contest the debt within
3        30 days of the municipal official's receipt of the
4        notice of the debt; (ii) fails to pay the debt within
5        30 days after being served with a written
6        determination under subparagraph (C) ordering the
7        municipal official to pay the debt; or (iii) fails to
8        pay the debt within 30 days after being served with a
9        decision pursuant to subparagraph (D) upholding a
10        hearing officer's determination that the municipal
11        officer has failed to pay a debt owed to a
12        municipality.
13            (G) For purposes of this paragraph, a "debt" shall
14        mean an arrearage in a definitely ascertainable and
15        quantifiable amount after service of written notice
16        thereof, in the payment of any indebtedness due to the
17        municipality, which has been adjudicated before a
18        tribunal with jurisdiction over the matter. A
19        municipal official is considered in arrears of a debt
20        to a municipality if a debt is more than 30 days
21        overdue from the date the debt was due.
22    (b) If a vacancy occurs in an elective municipal office
23with a 4-year term and there remains an unexpired portion of
24the term of at least 28 months, and the vacancy occurs at least
25130 days before the general municipal election next scheduled
26under the general election law, then the vacancy shall be

 

 

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1filled for the remainder of the term at that general municipal
2election. Whenever an election is held for this purpose, the
3municipal clerk shall certify the office to be filled and the
4candidates for the office to the proper election authorities
5as provided in the general election law. If the vacancy is in
6the office of mayor, the city council shall elect one of their
7members acting mayor. The acting mayor shall perform the
8duties and possess all the rights and powers of the mayor until
9a successor to fill the vacancy has been elected and has
10qualified. If the vacancy is in any other elective municipal
11office, then until the office is filled by election, the mayor
12shall appoint a qualified person to the office subject to the
13advice and consent of the city council.
14    (c) If a vacancy occurs later than the time provided in
15subsection (b) in a 4-year term, a vacancy in the office of
16mayor shall be filled by the corporate authorities electing
17one of their members acting mayor. The acting mayor shall
18perform the duties and possess all the rights and powers of the
19mayor until a mayor is elected at the next general municipal
20election and has qualified. A vacancy occurring later than the
21time provided in subsection (b) in a 4-year term in any
22elective office other than mayor shall be filled by
23appointment by the mayor, with the advice and consent of the
24corporate authorities.
25    (d) A municipal officer appointed or elected under this
26Section shall hold office until the officer's successor is

 

 

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1elected and has qualified.
2    (e) An appointment to fill a vacancy in the office of
3alderperson alderman shall be made within 60 days after the
4vacancy occurs. The requirement that an appointment be made
5within 60 days is an exclusive power and function of the State
6and is a denial and limitation under Article VII, Section 6,
7subsection (h) of the Illinois Constitution of the power of a
8home rule municipality to require that an appointment be made
9within a different period after the vacancy occurs.
10    (f) This Section applies only to municipalities with a
11population of 500,000 or more.
12(Source: P.A. 99-449, eff. 8-24-15.)
 
13    (65 ILCS 5/3.1-10-60)  (from Ch. 24, par. 3.1-10-60)
14    Sec. 3.1-10-60. Interim appointments to vacancies. If a
15municipality has no mayor or president, no clerk, and no
16alderpersons aldermen or trustees, the circuit court may, upon
17petition signed by at least 100 electors or 10% of the electors
18of the municipality, whichever is less, make interim
19appointments to fill all vacancies in the elective offices of
20the municipality from among persons whose names are submitted
21by the petition or petitions. The interim appointees shall
22serve until the next regularly scheduled election under the
23general election law occurring not less than 120 days after
24all the offices have become vacant.
25(Source: P.A. 87-1119.)
 

 

 

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1    (65 ILCS 5/3.1-10-65)  (from Ch. 24, par. 3.1-10-65)
2    Sec. 3.1-10-65. Referendum to reduce terms.
3    (a) In any municipality of less than 500,000 inhabitants,
4a proposition to reduce the terms of the elective officers of
5the municipality from 4 years to 2 years may be submitted,
6within the discretion of the corporate authorities, to the
7electors of the municipality. The proposition shall also be
8submitted if a petition requesting that action is signed by
9electors of the municipality numbering not less than 10% of
10the total vote cast at the last election for mayor or president
11of the municipality and the petition is filed with the
12municipal clerk and certified in accordance with the general
13election law. The proposition shall be substantially in the
14following form:
15        Shall the term of the elective officers of (name of
16    municipality) be reduced from 4 years to 2 years?
17    (b) If a majority of the electors voting on the
18proposition vote against it, the terms of the officers shall
19remain 4 years. If, however, a majority of those voting on the
20proposition vote in favor of it, the officers elected at the
21next regular election for officers in the municipality shall
22hold their offices for a term of 2 years and until their
23successors are elected and have qualified, except in the case
24of trustees and alderpersons aldermen. In the case of
25alderpersons aldermen and trustees: (i) at the first election

 

 

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1of alderpersons aldermen or trustees that occurs in an odd
2numbered year following the vote to reduce the length of
3terms, successors to alderpersons aldermen or trustees whose
4terms expire in that year shall be elected for a term of one
5year and until their successors are elected and have qualified
6and (ii) thereafter, one-half of the alderpersons aldermen or
7trustees shall be elected each year for terms of 2 years and
8until their successors are elected and have qualified.
9(Source: P.A. 87-1119.)
 
10    (65 ILCS 5/3.1-10-75)  (from Ch. 24, par. 3.1-10-75)
11    Sec. 3.1-10-75. Referendum to lengthen terms.
12    (a) In any municipality of less than 500,000 inhabitants
13that, under Section 3.1-10-65, has voted to shorten the terms
14of elective officers, a proposition to lengthen the terms of
15the elective officers of the municipality from 2 years to 4
16years may be submitted, within the discretion of the corporate
17authorities, to the electors of the municipality. The
18proposition shall be certified by the municipal clerk to the
19appropriate election authorities, who shall submit the
20proposition at an election in accordance with the general
21election law. The proposition shall also be submitted at an
22election if a petition requesting that action is signed by
23electors of the municipality numbering not less than 10% of
24the total vote cast at the last election for mayor or president
25of the municipality and the petition is filed with the

 

 

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1municipal clerk. The proposition shall be substantially in the
2following form:
3        Shall the term of the elective officers of (name of
4    municipality) be lengthened from 2 years to 4 years?
5    (b) If a majority of the electors voting on the
6proposition vote against it, the terms of the officers shall
7remain 2 years. If, however, a majority of those voting on the
8proposition vote in favor of it, the officers elected at the
9next regular election for officers in the municipality shall
10hold their offices for a term of 4 years and until their
11successors are elected and have qualified, except in the case
12of trustees and alderpersons aldermen. In the case of
13alderpersons aldermen and trustees: (i) if the first election
14for alderpersons aldermen or trustees, after approval of the
15proposition, occurs in an even numbered year, the alderpersons
16aldermen or trustees elected in that even numbered year shall
17serve for terms of 3 years and until their successors are
18elected and have qualified, the terms for successors to those
19elected at the first even numbered year election shall be 4
20years and until successors are elected and have qualified, the
21alderpersons aldermen or trustees elected at the first odd
22numbered year election next following the first even numbered
23year election shall serve for terms of 4 years and until
24successors are elected and have qualified, and successors
25elected after the first odd numbered year shall also serve 4
26year terms and until their successors are elected and have

 

 

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1qualified and (ii) if the first election for alderpersons
2aldermen or trustees, after approval of the proposition,
3occurs in an odd numbered year, the alderpersons aldermen or
4trustees elected in that odd numbered year shall serve for
5terms of 4 years and until their successors are elected and
6have qualified, the terms for successors to those elected at
7the first odd numbered year election shall be for 4 years and
8until successors are elected and have qualified, the
9alderpersons aldermen or trustees elected at the first even
10numbered year election next following the first odd numbered
11year election shall serve for terms of one year and until their
12successors are elected and have qualified, and the terms for
13successors to those elected at the first odd numbered year
14election shall be 4 years and until their successors are
15elected and have qualified.
16(Source: P.A. 87-1119.)
 
17    (65 ILCS 5/3.1-15-5)  (from Ch. 24, par. 3.1-15-5)
18    Sec. 3.1-15-5. Officers to be elected. In all cities
19incorporated under this Code there shall be elected a mayor,
20alderpersons aldermen, a city clerk, and a city treasurer
21(except in the case of a city of 10,000 or fewer inhabitants
22that, by ordinance, allows for the appointment of a city
23treasurer by the mayor, subject to the advice and consent of
24the city council). In all villages and incorporated towns,
25there shall be elected a president, trustees, and a clerk,

 

 

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1except as otherwise provided in this Code.
2(Source: P.A. 87-1119; 88-572, eff. 8-11-94.)
 
3    (65 ILCS 5/3.1-15-15)  (from Ch. 24, par. 3.1-15-15)
4    Sec. 3.1-15-15. Holding other offices. A mayor, president,
5alderperson alderman, trustee, clerk, or treasurer shall not
6hold any other office under the municipal government during
7the term of that office, except when the officer is granted a
8leave of absence from that office or except as otherwise
9provided in Sections 3.1-10-50, 3.1-35-135, and 8-2-9.1.
10Moreover, an officer may serve as a volunteer fireman and
11receive compensation for that service.
12(Source: P.A. 99-386, eff. 8-17-15.)
 
13    (65 ILCS 5/3.1-15-25)  (from Ch. 24, par. 3.1-15-25)
14    Sec. 3.1-15-25. Conservators of the peace; service of
15warrants.
16    (a) After receiving a certificate attesting to the
17successful completion of a training course administered by the
18Illinois Law Enforcement Training Standards Board, the mayor,
19alderpersons aldermen, president, trustees, marshal, deputy
20marshals, and policemen in municipalities shall be
21conservators of the peace. Those persons and others authorized
22by ordinance shall have power (i) to arrest or cause to be
23arrested, with or without process, all persons who break the
24peace or are found violating any municipal ordinance or any

 

 

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1criminal law of the State, (ii) to commit arrested persons for
2examination, (iii) if necessary, to detain arrested persons in
3custody over night or Sunday in any safe place or until they
4can be brought before the proper court, and (iv) to exercise
5all other powers as conservators of the peace prescribed by
6the corporate authorities.
7    (b) All warrants for the violation of municipal ordinances
8or the State criminal law, directed to any person, may be
9served and executed within the limits of a municipality by any
10policeman or marshal of the municipality. For that purpose,
11policemen and marshals have all the common law and statutory
12powers of sheriffs.
13(Source: P.A. 90-540, eff. 12-1-97.)
 
14    (65 ILCS 5/3.1-15-30)  (from Ch. 24, par. 3.1-15-30)
15    Sec. 3.1-15-30. Minority representation.
16    (a) Whenever the question of incorporation as a city under
17this Code is submitted for adoption to the electors of any
18territory, village, incorporated town, or city under special
19charter, there may be submitted at the same time for adoption
20or rejection the question of minority representation in the
21city council. The proposition shall be in the following form:
22        Shall minority representation in the city council be
23    adopted?
24    (b) If a majority of the votes cast on the question at any
25election are for minority representation in the city council,

 

 

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1the members of the city council, except as otherwise provided,
2thereafter shall be elected as provided in Section 3.1-15-35.
3    (c) The city council, at least 30 days before the first day
4fixed by law for the filing of candidate petitions for the next
5general municipal election, shall apportion the city by
6dividing its population, as ascertained by an official
7publication of any national, state, school, or city census, by
8any number not less than 2 nor more than 6. The quotient shall
9be the ratio of representation in the city council. Districts
10shall be formed of contiguous and compact territory and
11contain, as near as practicable, an equal number of
12inhabitants.
13    (d) If a majority of the votes cast on the question at any
14election are against minority representation in the city
15council, the members of the city council shall be elected as
16otherwise provided in this Code.
17    (e) At any time after the incorporation of a city under
18this Code, on petition of electors equal in number to
19one-eighth the number of legal votes cast at the next
20preceding general municipal election, the city clerk shall
21certify the question of the adoption or retention of minority
22representation to the proper election authority for submission
23to the electors of that city. The proposition shall be in the
24same form as provided in this Section, except that the word
25"retained" shall be substituted for the word "adopted" when
26appropriate. A question of minority representation, however,

 

 

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1shall not be submitted more than once within 32 months.
2    (f) If the city council of any city adopting minority
3representation as provided in this Section has not fixed a
4ratio of representation and formed the districts by the time
5specified in this Section, those acts may be done by any later
6city council. All official acts done and ordinances passed by
7a city council elected at large by the electors of a city that
8has adopted a minority representation plan shall be as valid
9and binding as if the alderpersons aldermen had been elected
10from districts.
11(Source: P.A. 87-1119.)
 
12    (65 ILCS 5/3.1-15-35)  (from Ch. 24, par. 3.1-15-35)
13    Sec. 3.1-15-35. Alderpersons Aldermen under minority
14representation plan. Every district under a minority
15representation plan shall be entitled to 3 alderpersons
16aldermen. Alderpersons Aldermen shall hold their offices for 4
17years and until their successors have been elected and
18qualified, except in cities that have adopted a 2 year term
19under Section 3.1-10-65. There shall be elected in each
20district as many alderpersons aldermen as the district is
21entitled to. In all of these elections for alderpersons
22aldermen, each elector may cast as many votes as there are
23alderpersons aldermen to be elected in the elector's district,
24or may distribute his or her votes, or equal parts of the
25votes, among the candidates as the elector sees fit. The

 

 

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1candidate highest in votes is elected if only one alderperson
2alderman is elected; the candidates highest and next highest
3in votes are elected if only 2 alderpersons