97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0271

 

Introduced 01/28/11, by Rep. Raymond Poe

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/3.1-20-45

    Amends the Illinois Municipal Code. In provisions concerning elections, sets forth the procedure for placing specified candidates on the ballot for the general municipal election. Provides that if one officer is to be elected, then the 2 candidates who receive the highest number of votes shall be placed on the ballot for the next succeeding general municipal election. If 2 aldermen are to be elected at large, then the 4 candidates who receive the highest number of votes shall be placed on the ballot. If 3 aldermen are to be elected at large, then the 6 candidates who receive the highest number of votes shall be placed on the ballot. Provides that the name of a write-in candidate may not be placed on the ballot for the general municipal election unless he or she (i) receives a number of votes in the primary election that equals or exceeds the number of signatures required on a petition for nomination for that office or (ii) receives a number of votes in the primary election that exceeds the number of votes received by at least one of the candidates whose names were printed on the primary ballot for nomination for or election to the same office. Effective immediately.


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A BILL FOR

 

HB0271LRB097 03060 KMW 43092 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 3.1-20-45 as follows:
 
6    (65 ILCS 5/3.1-20-45)
7    Sec. 3.1-20-45. Nonpartisan primary elections; uncontested
8office. A city incorporated under this Code that elects
9municipal officers at nonpartisan primary and general
10elections shall conduct the elections as provided in the
11Election Code, except that no office for which nomination is
12uncontested shall be included on the primary ballot and no
13primary shall be held for that office. For the purposes of this
14Section, an office is uncontested when not more than 4 persons
15to be nominated for each office have timely filed valid
16nominating papers seeking nomination for the election to that
17office.
18    Notwithstanding the preceding paragraph, when a person (i)
19who has not timely filed valid nomination papers and (ii) who
20intends to become a write-in candidate for nomination for any
21office for which nomination is uncontested files a written
22statement or notice of that intent with the proper election
23official with whom the nomination papers for that office are

 

 

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1filed, if the write-in candidate becomes the fifth candidate
2filed, a primary ballot must be prepared and a primary must be
3held for the office. The statement or notice must be filed on
4or before the 61st day before the consolidated primary
5election. The statement must contain (i) the name and address
6of the person intending to become a write-in candidate, (ii) a
7statement that the person intends to become a write-in
8candidate, and (iii) the office the person is seeking as a
9write-in candidate. An election authority has no duty to
10conduct a primary election or prepare a primary ballot unless a
11statement meeting the requirements of this paragraph is filed
12in a timely manner.
13    If there is a primary election, then candidates shall be
14placed on the ballot for the next succeeding general municipal
15election in the following manner:
16        (1) If one officer is to be elected, then the 2
17    candidates who receive the highest number of votes shall be
18    placed on the ballot for the next succeeding general
19    municipal election.
20        (2) If 2 aldermen are to be elected at large, then the
21    4 candidates who receive the highest number of votes shall
22    be placed on the ballot for the next succeeding general
23    municipal election.
24        (3) If 3 aldermen are to be elected at large, then the
25    6 candidates who receive the highest number of votes shall
26    be placed on the ballot for the next succeeding general

 

 

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1    municipal election.
2    The name of a write-in candidate may not be placed on the
3ballot for the next succeeding general municipal election
4unless he or she receives a number of votes in the primary
5election that equals or exceeds the number of signatures
6required on a petition for nomination for that office or that
7exceeds the number of votes received by at least one of the
8candidates whose names were printed on the primary ballot for
9nomination for or election to the same office.
10(Source: P.A. 95-699, eff. 11-9-07.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.