97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6224

 

Introduced , by Rep. Timothy L. Schmitz

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/10-1  from Ch. 46, par. 10-1
10 ILCS 5/10-6  from Ch. 46, par. 10-6

    Amends the Election Code. In a Section concerning nominations by minor political parties, provides that, in the case of consolidated elections, nomination papers shall be filed during the 7-day period beginning on the first Tuesday of December immediately preceding the consolidated election. Effective immediately.


LRB097 22886 HLH 71680 b

 

 

A BILL FOR

 

HB6224LRB097 22886 HLH 71680 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 10-1 and 10-6 as follows:
 
6    (10 ILCS 5/10-1)  (from Ch. 46, par. 10-1)
7    Sec. 10-1. Application of Article to minor political
8parties.
9    (a) Political parties as defined in this Article and
10individual voters to the number and in the manner specified in
11this Article may nominate candidates for public offices whose
12names shall be placed on the ballot to be furnished, as
13provided in this Article. No nominations may be made under this
14Article 10, however, by any established political party which,
15at the general election next preceding, polled more than 5% of
16the entire vote cast in the State, district, or unit of local
17government for which the nomination is made. Those nominations
18provided for in Section 45-5 of the Township Code shall be made
19as prescribed in Sections 45-10 through 45-45 of that Code for
20nominations by established political parties, but minor
21political parties and individual voters are governed by this
22Article. Any convention, caucus, or meeting of qualified voters
23of any established political party as defined in this Article

 

 

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1may, however, make one nomination for each office therein to be
2filled at any election for officers of a municipality with a
3population of less than 5,000 by causing a certificate of
4nomination to be filed with the municipal clerk as provided in
5Section 10-6 of this Code no earlier than 113 and no later than
6106 days before the election at which the nominated candidates
7are to be on the ballot. The municipal caucuses shall be
8conducted on the first Monday in December of even-numbered
9years, except that, when that Monday is a holiday or the eve of
10a holiday, the caucuses shall be held on the next business day
11following the holiday. Every certificate of nomination shall
12state the facts required in Section 10-5 of this Article and
13shall be signed by the presiding officer and by the secretary
14of the convention, caucus, or meeting, who shall add to their
15signatures their places of residence. The certificates shall be
16sworn to by them to be true to the best of their knowledge and
17belief, and a certificate of the oath shall be annexed to the
18certificate of nomination.
19    (b) Publication of the time and place of holding the caucus
20shall be given by the municipal clerk. For municipalities of
21over 500 population, notice of the caucus shall be published in
22a newspaper published in the municipality. If there is no such
23newspaper, then the notice shall be published in a newspaper
24published in the county and having general circulation in the
25municipality. For municipalities of 500 population or less,
26notice of the caucus shall be given by the municipal clerk by

 

 

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1posting the notice in 3 of the most public places in the
2municipality. The publication or posting shall be given at
3least 10 days before the caucus.
4    (c) As provided in Sections 3.1-25-20 through 3.1-25-60 of
5the Illinois Municipal Code, a village may adopt a system of
6nonpartisan primary and general elections for the election of
7village officers.
8    (d) Any city, village, or incorporated town with a
9population of 5,000 or less may, by ordinance, determine that
10established political parties shall nominate candidates for
11municipal office in the city, village, or incorporated town by
12primary in accordance with Article 7.
13    (e) Only those voters who reside within the territory for
14which the nomination is made shall be permitted to vote or take
15part in the proceedings of any convention, caucus, or meeting
16of individual voters or of any political party held under this
17Section. No voter shall vote or take part in the proceedings of
18more than one convention, caucus, or meeting to make a
19nomination for the same office.
20(Source: P.A. 97-81, eff. 7-5-11.)
 
21    (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
22    Sec. 10-6. Time and manner of filing. Certificates of
23nomination and nomination papers for the nomination of
24candidates for offices to be filled by electors of the entire
25State, or any district not entirely within a county, or for

 

 

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1congressional, state legislative or judicial offices, shall be
2presented to the principal office of the State Board of
3Elections not more than 141 nor less than 134 days previous to
4the day of election for which the candidates are nominated. The
5State Board of Elections shall endorse the certificates of
6nomination or nomination papers, as the case may be, and the
7date and hour of presentment to it. Except as otherwise
8provided in this section, all other certificates for the
9nomination of candidates shall be filed with the county clerk
10of the respective counties not more than 141 but at least 134
11days previous to the day of such election. Certificates of
12nomination and nomination papers for the nomination of
13candidates for the offices of political subdivisions to be
14filled at regular elections other than the general election
15shall be filed with the local election official of such
16subdivision:
17        (1) (Blank);
18        (2) during the 7-day period beginning on the first
19    Tuesday of December immediately preceding not more than 113
20    nor less than 106 days prior to the consolidated election;
21    or
22        (3) not more than 113 nor less than 106 days prior to
23    the general primary in the case of municipal offices to be
24    filled at the general primary election; or
25        (4) not more than 99 nor less than 92 days before the
26    consolidated primary in the case of municipal offices to be

 

 

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1    elected on a nonpartisan basis pursuant to law (including
2    without limitation, those municipal offices subject to
3    Articles 4 and 5 of the Municipal Code); or
4        (5) not more than 113 nor less than 106 days before the
5    municipal primary in even numbered years for such
6    nonpartisan municipal offices where annual elections are
7    provided; or
8        (6) in the case of petitions for the office of
9    multi-township assessor, such petitions shall be filed
10    with the election authority during the 7-day period
11    beginning on the first Tuesday of December immediately
12    preceding not more than 113 nor less than 106 days before
13    the consolidated election.
14    However, where a political subdivision's boundaries are
15co-extensive with or are entirely within the jurisdiction of a
16municipal board of election commissioners, the certificates of
17nomination and nomination papers for candidates for such
18political subdivision offices shall be filed in the office of
19such Board.
20(Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.