97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2010

 

Introduced , by Rep. Mike Fortner

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/10-3  from Ch. 46, par. 10-3
10 ILCS 5/10-6  from Ch. 46, par. 10-6

    Amends the Election Code. With respect to nomination petitions for independent candidates to appear on the general election ballot, (i) makes the minimum signature requirement the same as that for an established party candidate seeking the same office (now, a higher minimum), (ii) permits circulation not more than 75 (now, 90) days before the filing deadline, and (iii) makes the filing deadline 75 days after the general primary (now, between 141 and 134 days before the general election).


LRB097 06361 HLH 46442 b

 

 

A BILL FOR

 

HB2010LRB097 06361 HLH 46442 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 10-3 and 10-6 as follows:
 
6    (10 ILCS 5/10-3)  (from Ch. 46, par. 10-3)
7    Sec. 10-3. Independent candidate petitions.
8    (a) Nomination of independent candidates (not candidates
9of any political party), for any office to be filled by the
10voters of the State at large may also be made by nomination
11papers signed in the aggregate for each candidate by qualified
12voters at least equal in number to the minimum petition
13signature requirement of Section 7-10 for a State office
14candidate of an established political party 1% of the number of
15voters who voted in the next preceding Statewide general
16election or 25,000 qualified voters of the State, whichever is
17less.
18    (b) Nominations of independent candidates for a public
19office to be filled at a general election from within any
20district or political subdivision less than the State may be
21made by nomination petitions signed in the aggregate for each
22candidate by qualified voters of that district or political
23subdivision equaling not less than the minimum petition

 

 

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1signature requirement for an established political party
2candidate for that office.
3    (c) Nominations of independent candidates for a public
4office to be filled at a consolidated or special election from
5within any district or political subdivision less than the
6State, may be made by nomination papers signed in the aggregate
7for each candidate by qualified voters of such district, or
8political subdivision, equaling not less than 5%, nor more than
98% (or 50 more than the minimum, whichever is greater) of the
10number of persons, who voted at the next preceding regular
11election in such district or political subdivision in which
12such district or political subdivision voted as a unit for the
13election of officers to serve its respective territorial area.
14However, whenever the minimum signature requirement for an
15independent candidate petition for a district or political
16subdivision office shall exceed the minimum number of
17signatures for an independent candidate petition for an office
18to be filled by the voters of the State at large at the next
19preceding State-wide general election, such State-wide
20petition signature requirement shall be the minimum for an
21independent candidate petition for such district or political
22subdivision office. For a special election after redistricting
23of a congressional district but before the first general the
24first election following a redistricting of a congressional
25district districts, nomination papers for an independent
26candidate for congressman shall be signed by at least 5,000

 

 

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1qualified voters of the congressional district. For the first
2election following a redistricting of legislative districts,
3nomination papers for an independent candidate for State
4Senator in the General Assembly shall be signed by at least
53,000 qualified voters of the legislative district. For the
6first election following a redistricting of representative
7districts, nomination papers for an independent candidate for
8State Representative in the General Assembly shall be signed by
9at least 1,500 qualified voters of the representative district.
10For the first election following redistricting of county board
11districts, or of municipal wards or districts, or for the first
12election following the initial establishment of such districts
13or wards in a county or municipality, nomination papers for an
14independent candidate for county board member, or for alderman
15or trustee of such municipality, shall be signed by qualified
16voters of the district or ward equal to not less than 5% nor
17more than 8% (or 50 more than the minimum, whichever is
18greater) of the total number of votes cast at the preceding
19general or general municipal election, as the case may be, for
20the county or municipal office voted on throughout such county
21or municipality for which the greatest total number of votes
22were cast for all candidates, divided by the number of
23districts or wards, but in any event not less than 25 qualified
24voters of the district or ward.
25    (d) Each voter signing a nomination paper shall add to his
26signature his place of residence, and each voter may subscribe

 

 

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1to one nomination for such office to be filled, and no more:
2Provided that the name of any candidate whose name may appear
3in any other place upon the ballot shall not be so added by
4petition for the same office.
5    (e) A nominating petition for a candidate subject to
6subsection (a) or (b) may not be circulated and signed more
7than 75 days before the last day for filing the petition.
8    (f) The person circulating the petition, or the candidate
9on whose behalf the petition is circulated, may strike any
10signature from the petition, provided that;
11        (1) the person striking the signature shall initial the
12    petition at the place where the signature is struck; and
13        (2) the person striking the signature shall sign a
14    certification listing the page number and line number of
15    each signature struck from the petition. Such
16    certification shall be filed as a part of the petition.
17        (3) the persons striking signatures from the petition
18    shall each sign an additional certificate specifying the
19    number of certification pages listing stricken signatures
20    which are attached to the petition and the page numbers
21    indicated on such certifications. The certificate shall be
22    filed as a part of the petition, shall be numbered, and
23    shall be attached immediately following the last page of
24    voters' signatures and before the certifications of
25    stricken signatures.
26        (4) all of the foregoing requirements shall be

 

 

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1    necessary to effect a valid striking of any signature. The
2    provisions of this Section authorizing the striking of
3    signatures shall not impose any criminal liability on any
4    person so authorized for signatures which may be
5    fraudulent.
6    In the case of the offices of Governor and Lieutenant
7Governor a joint petition including one candidate for each of
8those offices must be filed.
9    A candidate for whom a nomination paper has been filed as a
10partisan candidate at a primary election, and who is defeated
11for his or her nomination at the primary election, is
12ineligible to be placed on the ballot as an independent
13candidate for election in that general or consolidated
14election.
15    A candidate seeking election to an office for which
16candidates of political parties are nominated by caucus who is
17a participant in the caucus and who is defeated for his or her
18nomination at such caucus, is ineligible to be listed on the
19ballot at that general or consolidated election as an
20independent candidate.
21(Source: P.A. 95-699, eff. 11-9-07.)
 
22    (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
23    Sec. 10-6. Time and manner of filing new party and
24independent petitions.
25    (a) Within 75 days after the day of the general primary,

 

 

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1nomination petitions subject to subsection (a) or (b) of
2Section 10-3 of an independent candidate for an office to be
3elected immediately following general election shall be filed
4at the same location as provided in Section 7-12. The electoral
5board having jurisdiction under Section 10-9 to hear and pass
6upon objections to nomination petitions also shall hear and
7pass upon objections to nomination petitions filed by a
8candidate under this subsection.
9    (b) When subsection (a) does not apply, certificates
10Certificates of nomination and nomination papers for the
11nomination of candidates for offices to be filled by electors
12of the entire State, or any district not entirely within a
13county, or for congressional, state legislative or judicial
14offices, shall be presented to the principal office of the
15State Board of Elections not more than 141 nor less than 134
16days previous to the day of election for which the candidates
17are nominated. The State Board of Elections shall endorse the
18certificates of nomination or nomination papers, as the case
19may be, and the date and hour of presentment to it. Except as
20otherwise provided in this section, all other certificates for
21the nomination of candidates shall be filed with the county
22clerk of the respective counties not more than 141 but at least
23134 days previous to the day of such election. Certificates of
24nomination and nomination papers for the nomination of
25candidates for the offices of political subdivisions to be
26filled at regular elections other than the general election

 

 

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1shall be filed with the local election official of such
2subdivision:
3        (1) (Blank);
4        (2) not more than 113 nor less than 106 days prior to
5    the consolidated election; or
6        (3) not more than 113 nor less than 106 days prior to
7    the general primary in the case of municipal offices to be
8    filled at the general primary election; or
9        (4) not more than 99 nor less than 92 days before the
10    consolidated primary in the case of municipal offices to be
11    elected on a nonpartisan basis pursuant to law (including
12    without limitation, those municipal offices subject to
13    Articles 4 and 5 of the Municipal Code); or
14        (5) not more than 113 nor less than 106 days before the
15    municipal primary in even numbered years for such
16    nonpartisan municipal offices where annual elections are
17    provided; or
18        (6) in the case of petitions for the office of
19    multi-township assessor, such petitions shall be filed
20    with the election authority not more than 113 nor less than
21    106 days before the consolidated election.
22    However, where a political subdivision's boundaries are
23co-extensive with or are entirely within the jurisdiction of a
24municipal board of election commissioners, the certificates of
25nomination and nomination papers for candidates for such
26political subdivision offices shall be filed in the office of

 

 

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1such Board.
2(Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)