97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1416

 

Introduced , by Rep. Thaddeus Jones

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-10  from Ch. 46, par. 7-10
10 ILCS 5/8-8  from Ch. 46, par. 8-8
10 ILCS 5/10-5  from Ch. 46, par. 10-5
10 ILCS 5/25-2  from Ch. 46, par. 25-2
10 ILCS 5/29-10  from Ch. 46, par. 29-10
730 ILCS 5/5-5-5  from Ch. 38, par. 1005-5-5

    Amends the Election Code and the Unified Code of Corrections. Provides that a person is ineligible as a candidate for elective office and may not seek reelection to office if he or she has been convicted of a felony under the laws of this State, another state, the United States, or a foreign country. Provides that a person convicted of a felony under the laws of another country is ineligible as a candidate for office and is ineligible to seek reelection to office only if the felony under that country's laws is substantially similar to a felony violation in this country and if that country's judicial system affords a criminal defendant guarantees of due process similar to those afforded to a criminal defendant in the United States. Applies to persons who seek elective office or reelection to office after the effective date of the amendatory Act.


LRB097 02922 RLC 46403 b

 

 

A BILL FOR

 

HB1416LRB097 02922 RLC 46403 b

1    AN ACT concerning elective office.
 
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 7-10, 8-8, 10-5, 25-2, and 29-10 as follows:
 
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 committeeman, or
9township committeeman, or precinct committeeman, or ward
10committeeman or candidate for delegate or alternate delegate to
11national nominating conventions, shall be printed upon the
12primary ballot unless a petition for nomination has been filed
13in his behalf as provided in this Article in substantially the
14following form:
15    We, the undersigned, members of and affiliated with the
16.... party and qualified primary electors of the .... party, in
17the .... of ...., in the county of .... and State of Illinois,
18do hereby petition that the following named person or persons
19shall be a candidate or candidates of the .... party for the
20nomination for (or in case of committeemen for election to) the
21office or offices hereinafter specified, to be voted for at the
22primary election to be held on (insert date).
23    NameOfficeAddress

 

 

 

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1John JonesGovernorBelvidere, Ill.
2Jane James Lieutenant Governor Peoria, Ill.
3Thomas SmithAttorney GeneralOakland, Ill.
4Name..................         Address.......................
 
5State of Illinois)
6                 ) ss.
7County of........)
8    I, ...., do hereby certify that I reside at No. ....
9street, in the .... of ...., county of ...., and State of
10....., that I am 18 years of age or older, that I am a citizen
11of the United States, and that the signatures on this sheet
12were signed in my presence, and are genuine, and that to the
13best of my knowledge and belief the persons so signing were at
14the time of signing the petitions qualified voters of the ....
15party, and that their respective residences are correctly
16stated, as above set forth.
17
.........................
18    Subscribed and sworn to before me on (insert date).
19
.........................

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

 

 

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

 

 

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

 

 

 

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

 

 

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1State of Illinois)
2                 ) ss.
3County of .......)
4    I, ...., being first duly sworn, say that I reside at ....
5Street in the city (or village) of ...., in the county of ....,
6State of Illinois; that I am a qualified voter therein and am a
7qualified primary voter of the .... party; that I am a
8candidate for nomination (for election in the case of
9committeeman and delegates and alternate delegates) to the
10office of .... to be voted upon at the primary election to be
11held on (insert date); that I am legally qualified (including
12being the holder of any license that may be an eligibility
13requirement for the office I seek the nomination for) to hold
14such office; that I have not been convicted of a felony under
15the laws of this State, another state, the United States, or a
16foreign country; and that I have filed (or I will file before
17the close of the petition filing period) a statement of
18economic interests as required by the Illinois Governmental
19Ethics Act and I hereby request that my name be printed upon
20the official primary ballot for nomination for (or election to
21in the case of committeemen and delegates and alternate
22delegates) such office.
23
Signed ......................
24    Subscribed and sworn to (or affirmed) before me by ....,
25who is to me personally known, on (insert date).

 

 

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1
Signed ....................
2
(Official Character)
3(Seal, if officer has one.)
 
4    The petitions, when filed, shall not be withdrawn or added
5to, and no signatures shall be revoked except by revocation
6filed in writing with the State Board of Elections, election
7authority or local election official with whom the petition is
8required to be filed, and before the filing of such petition.
9Whoever forges the name of a signer upon any petition required
10by this Article is deemed guilty of a forgery and on conviction
11thereof shall be punished accordingly.
12    A candidate for the offices listed in this Section must
13obtain the number of signatures specified in this Section on
14his or her petition for nomination.
15    (a) Statewide office or delegate to a national nominating
16convention. If a candidate seeks to run for statewide office or
17as a delegate or alternate delegate to a national nominating
18convention elected from the State at-large, then the
19candidate's petition for nomination must contain at least 5,000
20but not more than 10,000 signatures.
21    (b) Congressional office or congressional delegate to a
22national nominating convention. If a candidate seeks to run for
23United States Congress or as a congressional delegate or
24alternate congressional delegate to a national nominating
25convention elected from a congressional district, then the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1candidate's petition for nomination must contain at least the
2signatures of 150 qualified primary electors of his or her ward
3of that sanitary district.
4    (h) Judicial office. If a candidate seeks to run for
5judicial office in a district, then the candidate's petition
6for nomination must contain the number of signatures equal to
70.4% of the number of votes cast in that district for the
8candidate for his or her political party for the office of
9Governor at the last general election at which a Governor was
10elected, but in no event less than 500 signatures. If a
11candidate seeks to run for judicial office in a circuit or
12subcircuit, then the candidate's petition for nomination must
13contain the number of signatures equal to 0.25% of the number
14of votes cast for the judicial candidate of his or her
15political party who received the highest number of votes at the
16last general election at which a judicial officer from the same
17circuit or subcircuit was regularly scheduled to be elected,
18but in no event less than 500 signatures.
19    (i) Precinct, ward, and township committeeperson. If a
20candidate seeks to run for precinct committeeperson, then the
21candidate's petition for nomination must contain at least 10
22signatures of the primary electors of his or her party for the
23precinct. If a candidate seeks to run for ward committeeperson,
24then the candidate's petition for nomination must contain no
25less than the number of signatures equal to 10% of the primary
26electors of his or her party of the ward, but no more than 16%

 

 

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1of those same electors; provided that the maximum number of
2signatures may be 50 more than the minimum number, whichever is
3greater. If a candidate seeks to run for township
4committeeperson, then the candidate's petition for nomination
5must contain no less than the number of signatures equal to 5%
6of the primary electors of his or her party of the township,
7but no more than 8% of those same electors; provided that the
8maximum number of signatures may be 50 more than the minimum
9number, whichever is greater.
10    (j) State's attorney or regional superintendent of schools
11for multiple counties. If a candidate seeks to run for State's
12attorney or regional Superintendent of Schools who serves more
13than one county, then the candidate's petition for nomination
14must contain at least the number of signatures equal to 0.5% of
15the primary electors of his or her party in the territory
16comprising the counties.
17    (k) Any other office. If a candidate seeks any other
18office, then the candidate's petition for nomination must
19contain at least the number of signatures equal to 0.5% of the
20registered voters of the political subdivision, district, or
21division for which the nomination is made or 25 signatures,
22whichever is greater.
23    For purposes of this Section the number of primary electors
24shall be determined by taking the total vote cast, in the
25applicable district, for the candidate for that political party
26who received the highest number of votes, statewide, at the

 

 

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1last general election in the State at which electors for
2President of the United States were elected. For political
3subdivisions, the number of primary electors shall be
4determined by taking the total vote cast for the candidate for
5that political party who received the highest number of votes
6in the political subdivision at the last regular election at
7which an officer was regularly scheduled to be elected from
8that subdivision. For wards or districts of political
9subdivisions, the number of primary electors shall be
10determined by taking the total vote cast for the candidate for
11that political party who received the highest number of votes
12in the ward or district at the last regular election at which
13an officer was regularly scheduled to be elected from that ward
14or district.
15    A "qualified primary elector" of a party may not sign
16petitions for or be a candidate in the primary of more than one
17party.
18    The changes made to this Section of this amendatory Act of
19the 93rd General Assembly are declarative of existing law,
20except for item (3) of subsection (d).
21    Petitions of candidates for nomination for offices herein
22specified, to be filed with the same officer, may contain the
23names of 2 or more candidates of the same political party for
24the same or different offices. In the case of the offices of
25Governor and Lieutenant Governor, a joint petition including
26one candidate for each of those offices must be filed.

 

 

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1    (l) A person convicted of a felony under the laws of
2another country is ineligible as a candidate for office only if
3the felony under that country's laws is substantially similar
4to a felony violation in this country and if that country's
5judicial system affords a criminal defendant guarantees of due
6process similar to those afforded to a criminal defendant in
7the United States. A candidate who has been convicted of a
8felony under the laws of another country whose laws do not meet
9the requirements of this subsection (l) need not attest that he
10or she has not been convicted of such felony.
11(Source: P.A. 95-699, eff. 11-9-07; 95-916, eff. 8-26-08;
1296-1018, eff. 1-1-11.)
 
13    (10 ILCS 5/8-8)  (from Ch. 46, par. 8-8)
14    Sec. 8-8. Form of petition for nomination. The name of no
15candidate for nomination shall be printed upon the primary
16ballot unless a petition for nomination shall have been filed
17in his behalf as provided for in this Section. Each such
18petition shall include as a part thereof the oath required by
19Section 7-10.1 of this Act and a statement of candidacy by the
20candidate filing or in whose behalf the petition is filed. This
21statement shall set out the address of such candidate, the
22office for which he is a candidate, shall state that the
23candidate is a qualified primary voter of the party to which
24the petition relates, is qualified for the office specified and
25has filed a statement of economic interests as required by the

 

 

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1Illinois Governmental Ethics Act, shall request that the
2candidate's name be placed upon the official ballot and shall
3be subscribed and sworn by such candidate before some officer
4authorized to take acknowledgment of deeds in this State and
5may be in substantially the following form:
6State of Illinois)
7                 ) ss.
8County ..........)
9    I, ...., being first duly sworn, say that I reside at ....
10street in the city (or village of) .... in the county of ....
11State of Illinois; that I am a qualified voter therein and am a
12qualified primary voter of .... party; that I am a candidate
13for nomination to the office of .... to be voted upon at the
14primary election to be held on (insert date); that I am legally
15qualified to hold such office; that I have not been convicted
16of a felony under the laws of this State, another state, the
17United States, or a foreign country; and that I have filed a
18statement of economic interests as required by the Illinois
19Governmental Ethics Act and I hereby request that my name be
20printed upon the official primary ballot for nomination for
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 .... (Official Character)
26
(Seal if officer has one.)

 

 

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1    The receipt issued by the Secretary of State indicating
2that the candidate has filed the statement of economic
3interests required by the Illinois Governmental Ethics Act must
4be filed with the petitions for nomination as provided in
5subsection (8) of Section 7-12 of this Code.
6    All petitions for nomination for the office of State
7Senator shall be signed by 1% or 1,000, whichever is greater,
8of the qualified primary electors of the candidate's party in
9his legislative district, except that for the first primary
10following a redistricting of legislative districts, such
11petitions shall be signed by at least 1,000 qualified primary
12electors of the candidate's party in his legislative district.
13    All petitions for nomination for the office of
14Representative in the General Assembly shall be signed by at
15least 1% or 500, whichever is greater, of the qualified primary
16electors of the candidate's party in his or her representative
17district, except that for the first primary following a
18redistricting of representative districts such petitions shall
19be signed by at least 500 qualified primary electors of the
20candidate's party in his or her representative district.
21    Opposite the signature of each qualified primary elector
22who signs a petition for nomination for the office of State
23Representative or State Senator such elector's residence
24address shall be written or printed. The residence address
25required to be written or printed opposite each qualified
26primary elector's name shall include the street address or

 

 

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

 

 

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1certify that none of the signatures on the sheet were signed
2more than 90 days preceding the last day for the filing of the
3petition. No petition sheet shall be circulated more than 90
4days preceding the last day provided in Section 8-9 for the
5filing of such petition.
6    All petition sheets which are filed with the State Board of
7Elections shall be the original sheets which have been signed
8by the voters and by the circulator, and not photocopies or
9duplicates of such sheets.
10    The person circulating the petition, or the candidate on
11whose behalf the petition is circulated, may strike any
12signature from the petition, provided that:
13        (1) the person striking the signature shall initial the
14    petition at the place where the signature is struck; and
15        (2) the person striking the signature shall sign a
16    certification listing the page number and line number of
17    each signature struck from the petition. Such
18    certification shall be filed as a part of the petition.
19    A person convicted of a felony under the laws of another
20country is ineligible as a candidate for office only if the
21felony under that country's laws is substantially similar to a
22felony violation in this country and if that country's judicial
23system affords a criminal defendant guarantees of due process
24similar to those afforded to a criminal defendant in the United
25States. A candidate who has been convicted of a felony under
26the laws of another country whose laws do not meet the

 

 

HB1416- 20 -LRB097 02922 RLC 46403 b

1requirements of this paragraph need not attest that he or she
2has not been convicted of such felony.
3(Source: P.A. 94-645, eff. 8-22-05.)
 
4    (10 ILCS 5/10-5)  (from Ch. 46, par. 10-5)
5    Sec. 10-5. All petitions for nomination shall, besides
6containing the names of candidates, specify as to each:
7    1. The office or offices to which such candidate or
8candidates shall be nominated.
9    2. The new political party, if any, represented, expressed
10in not more than 5 words. However, such party shall not bear
11the same name as, nor include the name of any established
12political party as defined in this Article. This prohibition
13does not preclude any established political party from making
14nominations in those cases in which it is authorized to do so.
15    3. The place of residence of any such candidate or
16candidates with the street and number thereof, if any. In the
17case of electors for President and Vice-President of the United
18States, the names of candidates for President and
19Vice-President may be added to the party name or appellation.
20    Such certificate of nomination or nomination papers in
21addition shall include as a part thereof, the oath required by
22Section 7-10.1 of this Act and must include a statement of
23candidacy for each of the candidates named therein, except
24candidates for electors for President and Vice-President of the
25United States. Each such statement shall set out the address of

 

 

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1such candidate, the office for which he is a candidate, shall
2state that the candidate is qualified for the office specified
3and has filed (or will file before the close of the petition
4filing period) a statement of economic interests as required by
5the Illinois Governmental Ethics Act, shall request that the
6candidate's name be placed upon the official ballot and shall
7be subscribed and sworn to by such candidate before some
8officer authorized to take acknowledgments of deeds in this
9State, and may be in substantially the following form:
10State of Illinois)
11                 ) SS.
12County of........)
13    I,...., being first duly sworn, say that I reside at....
14street, in the city (or village) of.... in the county of....
15State of Illinois; and that I am a qualified voter therein;
16that I am a candidate for election to the office of.... to be
17voted upon at the election to be held on the.... day
18of....,.....; and that I am legally qualified to hold such
19office; that I have not been convicted of a felony under the
20laws of this State, another state, the United States, or a
21foreign country; and that I have filed (or will file before the
22close of the petition filing period) a statement of economic
23interests as required by the Illinois Governmental Ethics Act,
24and I hereby request that my name be printed upon the official
25ballot for election to such office.
26
Signed.................

 

 

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1    Subscribed and sworn to (or affirmed) before me by.... who
2is to me personally known, this.... day of....,......
3
Signed.................
4
(Official Character)
5(Seal, if officer has one.)
6    In addition, a new political party petition shall have
7attached thereto a certificate stating the names and addresses
8of the party officers authorized to fill vacancies in
9nomination pursuant to Section 10-11.
10    Nomination papers filed under this Section are not valid if
11the candidate named therein fails to file a statement of
12economic interests as required by the Illinois Governmental
13Ethics Act in relation to his candidacy with the appropriate
14officer by the end of the period for the filing of nomination
15papers unless he has filed a statement of economic interests in
16relation to the same governmental unit with that officer during
17the same calendar year as the year in which such nomination
18papers were filed. If the nomination papers of any candidate
19and the statement of economic interest of that candidate are
20not required to be filed with the same officer, the candidate
21must file with the officer with whom the nomination papers are
22filed a receipt from the officer with whom the statement of
23economic interests is filed showing the date on which such
24statement was filed. Such receipt shall be so filed not later
25than the last day on which nomination papers may be filed.
26    A person convicted of a felony under the laws of another

 

 

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1country is ineligible as a candidate for office only if the
2felony under that country's laws is substantially similar to a
3felony violation in this country and if that country's judicial
4system affords a criminal defendant guarantees of due process
5similar to those afforded to a criminal defendant in the United
6States. A candidate who has been convicted of a felony under
7the laws of another country whose laws do not meet the
8requirements of this paragraph need not attest that he or she
9has not been convicted of such felony.
10(Source: P.A. 84-551.)
 
11    (10 ILCS 5/25-2)  (from Ch. 46, par. 25-2)
12    Sec. 25-2. Events on which an elective office becomes
13vacant. Every elective office shall become vacant on the
14happening of any of the following events before the expiration
15of the term of such office:
16        (1) The death of the incumbent.
17        (2) His or her resignation.
18        (3) His or her becoming a person under legal
19    disability.
20        (4) His or her ceasing to be an inhabitant of the
21    State; or if the office is local, his or her ceasing to be
22    an inhabitant of the district, county, town, or precinct
23    for which he or she was elected; provided, that the
24    provisions of this paragraph shall not apply to township
25    officers whose township boundaries are changed in

 

 

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1    accordance with Section 10-20 of the Township Code, to a
2    township officer after disconnection as set forth in
3    Section 15-17 of the Township Code, nor to township or
4    multi-township assessors elected under Sections 2-5
5    through 2-15 of the Property Tax Code.
6        (5) His or her conviction of an infamous crime, or of
7    any offense involving a violation of official oath.
8        (5.1) His or her conviction of a felony under the laws
9    of this State, another state, the United States, or a
10    foreign country. A person shall only be considered
11    ineligible to hold elective office for conviction of a
12    felony under the laws of another country if the felony
13    under that country's laws is substantially similar to a
14    felony violation in this country and if that country's
15    judicial system affords a criminal defendant guarantees of
16    due process similar to those afforded to a criminal
17    defendant in the United States. The provisions of this
18    clause (5.1) shall prohibit the restoration of rights of a
19    person convicted of a felony to hold elective office if the
20    person seeks an elective office or reelection to office
21    after the effective date of this amendatory Act of the 97th
22    General Assembly.
23        (6) His or her removal from office.
24        (7) His or her refusal or neglect to take his or her
25    oath of office, or to give or renew his or her official
26    bond, or to deposit or file such oath or bond within the

 

 

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1    time prescribed by law.
2        (8) The decision of a competent tribunal declaring his
3    or her election void.
4    No elective office, except as herein otherwise provided,
5shall become vacant until the successor of the incumbent of
6such office has been appointed or elected, as the case may be,
7and qualified.
8    An unconditional resignation, effective at a future date,
9may not be withdrawn after it is received by the officer
10authorized to fill the vacancy. Such resignation shall create a
11vacancy in office for the purpose of determining the time
12period which would require an election. The resigning office
13holder may continue to hold such office until the date or event
14specified in such resignation, but no later than the date at
15which his or her successor is elected and qualified.
16    An admission of guilt of a criminal offense that would,
17upon conviction, disqualify the holder of an elective office
18from holding that office, in the form of a written agreement
19with State or federal prosecutors to plead guilty to a felony,
20bribery, perjury, or other infamous crime under State or
21federal law, shall constitute a resignation from that office,
22effective at the time the plea agreement is made.
23    For purposes of this Section, a conviction for an offense
24that disqualifies the holder of an elective office from holding
25that office shall occur on the date of the return of a guilty
26verdict or, in the case of a trial by the court, the entry of a

 

 

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1finding of guilt.
2    This Section does not apply to any elected or appointed
3officers or officials of any municipality having a population
4under 500,000.
5(Source: P.A. 94-529, eff. 8-10-05; 95-646, eff. 1-1-08.)
 
6    (10 ILCS 5/29-10)  (from Ch. 46, par. 29-10)
7    Sec. 29-10. Perjury. (a) Any person who makes a false
8statement, material to the issue or point in question, which he
9does not believe to be true, in any affidavit, certificate or
10sworn oral declaration required by any provision of this Code
11shall be guilty of a Class 3 felony.
12    (b) Any person who is convicted of violating this Section
13shall be ineligible for elective office. Any person who is
14convicted of violating this Section shall be ineligible for
15public employment for a period of 5 years immediately following
16the completion of his sentence. For the purpose of this
17subsection, "public employment" shall mean any elected or
18appointed office created by the Constitution or laws of this
19State, or any ordinance of a unit of local government. "Public
20employment" shall also include any position as an employee of
21the State of Illinois, or a unit of local government or school
22district.
23(Source: P.A. 83-1097.)
 
24    Section 10. The Unified Code of Corrections is amended by

 

 

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1changing Section 5-5-5 as follows:
 
2    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
3    Sec. 5-5-5. Loss and Restoration of Rights.
4    (a) Conviction and disposition shall not entail the loss by
5the defendant of any civil rights, except under this Section
6and Sections 29-6 and 29-10 of The Election Code, as now or
7hereafter amended.
8    (b) A person convicted of a felony under the laws of this
9State, another state, the United States, or a foreign country
10shall be ineligible to hold an office created by the
11Constitution of this State or an elective office created by law
12or ordinance. A person shall only be considered ineligible to
13hold elective office for conviction of a felony under the laws
14of another country if the felony under that country's laws is
15substantially similar to a felony violation in this country and
16if that country's judicial system affords a criminal defendant
17guarantees of due process similar to those afforded to a
18criminal defendant in the United States. The provisions of this
19subsection (b) shall prohibit the restoration of rights of a
20person convicted of a felony to hold elective office if the
21person seeks an elective office or reelection to office after
22the effective date of this amendatory Act of the 97th General
23Assembly until the completion of his sentence.
24    (c) A person sentenced to imprisonment shall lose his right
25to vote until released from imprisonment.

 

 

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1    (d) On completion of sentence of imprisonment or upon
2discharge from probation, conditional discharge or periodic
3imprisonment, or at any time thereafter, all license rights and
4privileges granted under the authority of this State which have
5been revoked or suspended because of conviction of an offense
6shall be restored unless the authority having jurisdiction of
7such license rights finds after investigation and hearing that
8restoration is not in the public interest. This paragraph (d)
9shall not apply to the suspension or revocation of a license to
10operate a motor vehicle under the Illinois Vehicle Code.
11    (e) Upon a person's discharge from incarceration or parole,
12or upon a person's discharge from probation or at any time
13thereafter, the committing court may enter an order certifying
14that the sentence has been satisfactorily completed when the
15court believes it would assist in the rehabilitation of the
16person and be consistent with the public welfare. Such order
17may be entered upon the motion of the defendant or the State or
18upon the court's own motion.
19    (f) Upon entry of the order, the court shall issue to the
20person in whose favor the order has been entered a certificate
21stating that his behavior after conviction has warranted the
22issuance of the order.
23    (g) This Section shall not affect the right of a defendant
24to collaterally attack his conviction or to rely on it in bar
25of subsequent proceedings for the same offense.
26    (h) No application for any license specified in subsection

 

 

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1(i) of this Section granted under the authority of this State
2shall be denied by reason of an eligible offender who has
3obtained a certificate of relief from disabilities, as defined
4in Article 5.5 of this Chapter, having been previously
5convicted of one or more criminal offenses, or by reason of a
6finding of lack of "good moral character" when the finding is
7based upon the fact that the applicant has previously been
8convicted of one or more criminal offenses, unless:
9        (1) there is a direct relationship between one or more
10    of the previous criminal offenses and the specific license
11    sought; or
12        (2) the issuance of the license would involve an
13    unreasonable risk to property or to the safety or welfare
14    of specific individuals or the general public.
15    In making such a determination, the licensing agency shall
16consider the following factors:
17        (1) the public policy of this State, as expressed in
18    Article 5.5 of this Chapter, to encourage the licensure and
19    employment of persons previously convicted of one or more
20    criminal offenses;
21        (2) the specific duties and responsibilities
22    necessarily related to the license being sought;
23        (3) the bearing, if any, the criminal offenses or
24    offenses for which the person was previously convicted will
25    have on his or her fitness or ability to perform one or
26    more such duties and responsibilities;

 

 

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1        (4) the time which has elapsed since the occurrence of
2    the criminal offense or offenses;
3        (5) the age of the person at the time of occurrence of
4    the criminal offense or offenses;
5        (6) the seriousness of the offense or offenses;
6        (7) any information produced by the person or produced
7    on his or her behalf in regard to his or her rehabilitation
8    and good conduct, including a certificate of relief from
9    disabilities issued to the applicant, which certificate
10    shall create a presumption of rehabilitation in regard to
11    the offense or offenses specified in the certificate; and
12        (8) the legitimate interest of the licensing agency in
13    protecting property, and the safety and welfare of specific
14    individuals or the general public.
15    (i) A certificate of relief from disabilities shall be
16issued only for a license or certification issued under the
17following Acts:
18        (1) the Animal Welfare Act; except that a certificate
19    of relief from disabilities may not be granted to provide
20    for the issuance or restoration of a license under the
21    Animal Welfare Act for any person convicted of violating
22    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
23    Care for Animals Act or Section 26-5 of the Criminal Code
24    of 1961;
25        (2) the Illinois Athletic Trainers Practice Act;
26        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,

 

 

HB1416- 31 -LRB097 02922 RLC 46403 b

1    and Nail Technology Act of 1985;
2        (4) the Boiler and Pressure Vessel Repairer Regulation
3    Act;
4        (5) the Professional Boxing Act;
5        (6) the Illinois Certified Shorthand Reporters Act of
6    1984;
7        (7) the Illinois Farm Labor Contractor Certification
8    Act;
9        (8) the Interior Design Title Act;
10        (9) the Illinois Professional Land Surveyor Act of
11    1989;
12        (10) the Illinois Landscape Architecture Act of 1989;
13        (11) the Marriage and Family Therapy Licensing Act;
14        (12) the Private Employment Agency Act;
15        (13) the Professional Counselor and Clinical
16    Professional Counselor Licensing Act;
17        (14) the Real Estate License Act of 2000;
18        (15) the Illinois Roofing Industry Licensing Act;
19        (16) the Professional Engineering Practice Act of
20    1989;
21        (17) the Water Well and Pump Installation Contractor's
22    License Act;
23        (18) the Electrologist Licensing Act;
24        (19) the Auction License Act;
25        (20) Illinois Architecture Practice Act of 1989;
26        (21) the Dietetic and Nutrition Services Practice Act;

 

 

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1        (22) the Environmental Health Practitioner Licensing
2    Act;
3        (23) the Funeral Directors and Embalmers Licensing
4    Code;
5        (24) the Land Sales Registration Act of 1999;
6        (25) the Professional Geologist Licensing Act;
7        (26) the Illinois Public Accounting Act; and
8        (27) the Structural Engineering Practice Act of 1989.
9(Source: P.A. 96-1246, eff. 1-1-11.)