103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2306

 

Introduced 2/10/2023, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-11  from Ch. 46, par. 7-11
10 ILCS 5/7-12  from Ch. 46, par. 7-12

    Amends the Election Code. Provides that any candidate for President of the United States may have his name printed upon the primary ballot of his political party by filing in the office of the State Board of Elections not more than 141 days (instead of 113) and not less than 134 days (instead of 106) prior to the date of the general primary. Changes the filing dates of petitions for nomination for a State, congressional, or judicial office; petitions for nomination to fill a vacancy by special election in the office of Representative in Congress; petitions for nomination for the office of Supreme, Appellate, or Circuit Court Judge; petitions for nomination for delegates or alternate delegates to a national nominating convention; petitions for nomination for a county office or trustee of a sanitary district; petitions for nomination for a municipal or township office; petitions of candidates for State central committeeperson; and petitions of candidates for precinct, township, or ward committeepersons. Effective July 1, 2023.


LRB103 28707 BMS 55089 b

 

 

A BILL FOR

 

SB2306LRB103 28707 BMS 55089 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 7-11 and 7-12 as follows:
 
6    (10 ILCS 5/7-11)  (from Ch. 46, par. 7-11)
7    Sec. 7-11. Any candidate for President of the United
8States may have his name printed upon the primary ballot of his
9political party by filing in the office of the State Board of
10Elections not more than 141 113 and not less than 134 106 days
11prior to the date of the general primary, in any year in which
12a Presidential election is to be held, a petition signed by not
13less than 3000 or more than 5000 primary electors, members of
14and affiliated with the party of which he is a candidate, and
15no candidate for President of the United States, who fails to
16comply with the provisions of this Article shall have his name
17printed upon any primary ballot: Provided, however, that if
18the rules or policies of a national political party conflict
19with such requirements for filing petitions for President of
20the United States in a presidential preference primary, the
21Chair of the State central committee of such national
22political party shall notify the State Board of Elections in
23writing, citing by reference the rules or policies of the

 

 

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1national political party in conflict, and in such case the
2Board shall direct such petitions to be filed in accordance
3with the delegate selection plan adopted by the state central
4committee of such national political party. Provided, further,
5unless rules or policies of a national political party
6otherwise provide, the vote for President of the United
7States, as herein provided for, shall be for the sole purpose
8of securing an expression of the sentiment and will of the
9party voters with respect to candidates for nomination for
10said office, and the vote of the state at large shall be taken
11and considered as advisory to the delegates and alternates at
12large to the national conventions of respective political
13parties; and the vote of the respective congressional
14districts shall be taken and considered as advisory to the
15delegates and alternates of said congressional districts to
16the national conventions of the respective political parties.
17(Source: P.A. 100-1027, eff. 1-1-19.)
 
18    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
19    Sec. 7-12. All petitions for nomination shall be filed by
20mail or in person as follows:
21        (1) Except as otherwise provided in this Code, where
22    the nomination is to be made for a State, congressional,
23    or judicial office, or for any office a nomination for
24    which is made for a territorial division or district which
25    comprises more than one county or is partly in one county

 

 

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1    and partly in another county or counties (including the
2    Fox Metro Water Reclamation District), then, except as
3    otherwise provided in this Section, such petition for
4    nomination shall be filed in the principal office of the
5    State Board of Elections not more than 141 113 and not less
6    than 134 106 days prior to the date of the primary, but, in
7    the case of petitions for nomination to fill a vacancy by
8    special election in the office of representative in
9    Congress from this State, such petition for nomination
10    shall be filed in the principal office of the State Board
11    of Elections not more than 113 85 days and not less than
12    110 82 days prior to the date of the primary.
13        Where a vacancy occurs in the office of Supreme,
14    Appellate or Circuit Court Judge within the 3-week period
15    preceding the 134th 106th day before a general primary
16    election, petitions for nomination for the office in which
17    the vacancy has occurred shall be filed in the principal
18    office of the State Board of Elections not more than 120 92
19    nor less than 113 85 days prior to the date of the general
20    primary election.
21        Where the nomination is to be made for delegates or
22    alternate delegates to a national nominating convention,
23    then such petition for nomination shall be filed in the
24    principal office of the State Board of Elections not more
25    than 141 113 and not less than 134 106 days prior to the
26    date of the primary; provided, however, that if the rules

 

 

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1    or policies of a national political party conflict with
2    such requirements for filing petitions for nomination for
3    delegates or alternate delegates to a national nominating
4    convention, the chair of the State central committee of
5    such national political party shall notify the Board in
6    writing, citing by reference the rules or policies of the
7    national political party in conflict, and in such case the
8    Board shall direct such petitions to be filed in
9    accordance with the delegate selection plan adopted by the
10    state central committee of such national political party.
11        (2) Where the nomination is to be made for a county
12    office or trustee of a sanitary district then such
13    petition shall be filed in the office of the county clerk
14    not more than 141 113 nor less than 134 106 days prior to
15    the date of the primary.
16        (3) Where the nomination is to be made for a municipal
17    or township office, such petitions for nomination shall be
18    filed in the office of the local election official, not
19    more than 127 99 nor less than 120 92 days prior to the
20    date of the primary; provided, where a municipality's or
21    township's boundaries are coextensive with or are entirely
22    within the jurisdiction of a municipal board of election
23    commissioners, the petitions shall be filed in the office
24    of such board; and provided, that petitions for the office
25    of multi-township assessor shall be filed with the
26    election authority.

 

 

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1        (4) The petitions of candidates for State central
2    committeeperson shall be filed in the principal office of
3    the State Board of Elections not more than 141 113 nor less
4    than 134 106 days prior to the date of the primary.
5        (5) Petitions of candidates for precinct, township or
6    ward committeepersons shall be filed in the office of the
7    county clerk not more than 141 113 nor less than 134 106
8    days prior to the date of the primary.
9        (6) The State Board of Elections and the various
10    election authorities and local election officials with
11    whom such petitions for nominations are filed shall
12    specify the place where filings shall be made and upon
13    receipt shall endorse thereon the day and hour on which
14    each petition was filed. All petitions filed by persons
15    waiting in line as of 8:00 a.m. on the first day for
16    filing, or as of the normal opening hour of the office
17    involved on such day, shall be deemed filed as of 8:00 a.m.
18    or the normal opening hour, as the case may be. Petitions
19    filed by mail and received after midnight of the first day
20    for filing and in the first mail delivery or pickup of that
21    day shall be deemed as filed as of 8:00 a.m. of that day or
22    as of the normal opening hour of such day, as the case may
23    be. All petitions received thereafter shall be deemed as
24    filed in the order of actual receipt. However, 2 or more
25    petitions filed within the last hour of the filing
26    deadline shall be deemed filed simultaneously. Where 2 or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    State Board of Elections, appropriate election authority
2    or local election official that he or she may cancel prior
3    sets of petitions. If the candidate notifies the State
4    Board of Elections, appropriate election authority or
5    local election official, the last set of petitions filed
6    shall be the only petitions to be considered valid by the
7    State Board of Elections, election authority or local
8    election official. If the candidate fails to notify the
9    State Board of Elections, election authority or local
10    election official then only the first set of petitions
11    filed shall be valid and all subsequent petitions shall be
12    void.
13        (12) All nominating petitions shall be available for
14    public inspection and shall be preserved for a period of
15    not less than 6 months.
16(Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21;
17102-687, eff. 12-17-21.)
 
18    Section 99. Effective date. This Act takes effect July 1,
192023.