Full Text of HB4173 94th General Assembly
HB4173sam002 94TH GENERAL ASSEMBLY
|
Sen. Don Harmon
Filed: 3/22/2006
|
|
09400HB4173sam002 |
|
LRB094 14863 JAM 57477 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 4173
| 2 |
| AMENDMENT NO. ______. Amend House Bill 4173, AS AMENDED, in | 3 |
| Section 5, by replacing the introductory paragraph with the | 4 |
| following:
| 5 |
| "Section 5. The Election Code is amended by changing | 6 |
| Sections 4-50, 5-50, 6-100, 7-10, 7-10.2, 7-17, 8-8, 8-8.1, | 7 |
| 10-5, 10-5.1, and 16-3 and by adding Section 19A-80 as | 8 |
| follows:"; and | 9 |
| in Section 5, by replacing everything after the last line of | 10 |
| Sec. 6-100 and before the first line of Sec. 19A-80 with the | 11 |
| following:
| 12 |
| "(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| 13 |
| Sec. 7-10. Form of petition for nomination. The name of no | 14 |
| candidate for
nomination, or State central committeeman, or | 15 |
| township committeeman, or
precinct committeeman, or ward | 16 |
| committeeman or candidate for delegate or
alternate delegate to | 17 |
| national nominating conventions, shall be printed
upon the | 18 |
| primary ballot unless a petition for nomination has been filed | 19 |
| in
his behalf as provided in this Article in substantially the | 20 |
| following form:
| 21 |
| We, the undersigned, members of and affiliated with the | 22 |
| .... party
and qualified primary electors of the .... party, in | 23 |
| the .... of ....,
in the county of .... and State of Illinois, |
|
|
|
09400HB4173sam002 |
- 2 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| do hereby petition that
the following named person or persons | 2 |
| shall be a candidate or candidates
of the .... party for the | 3 |
| nomination for (or in case of committeemen for
election to) the | 4 |
| office or offices hereinafter specified, to be voted
for at the | 5 |
| primary election to be held on (insert date).
|
|
6 | | Name |
Office |
Address |
|
7 | | John Jones |
Governor |
Belvidere, Ill. |
|
8 | | Thomas Smith |
Attorney General |
Oakland, Ill. |
|
9 |
| Name.................. Address.......................
| 10 |
| State of Illinois)
| 11 |
| ) ss.
| 12 |
| County of........)
| 13 |
| I, ...., do hereby certify
that I reside at No. .... | 14 |
| street, in the .... of ...., county of ....,
and State of | 15 |
| ....., that I am 18 years of age or older, that
I am a citizen | 16 |
| of the United States, and that the signatures on this sheet
| 17 |
| were signed
in my presence, and are genuine, and that to the | 18 |
| best of my knowledge
and belief the persons so signing were at | 19 |
| the time of signing the
petitions qualified voters of the .... | 20 |
| party, and that their respective
residences are correctly | 21 |
| stated, as above set forth.
| 22 |
| .........................
| 23 |
| Subscribed and sworn to before me on (insert date).
| 24 |
| .........................
| 25 |
| | 26 |
| Each sheet of the petition other than the statement of | 27 |
| candidacy and
candidate's statement shall be of uniform size | 28 |
| and shall contain above
the space for signatures an appropriate | 29 |
| heading giving the information
as to name of candidate or | 30 |
| candidates, in whose behalf such petition is
signed; the | 31 |
| office, the political party represented and place of
residence; |
|
|
|
09400HB4173sam002 |
- 3 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| and the heading of each sheet shall be the same.
| 2 |
| Such petition shall be signed by qualified primary electors | 3 |
| residing
in the political division for which the nomination is | 4 |
| sought in their
own proper persons only and opposite the | 5 |
| signature of each signer, his
residence address shall be | 6 |
| written or printed. The residence address
required to be | 7 |
| written or printed opposite each qualified primary elector's
| 8 |
| name shall include the street address or rural route number of | 9 |
| the signer,
as the case may be, as well as the signer's county, | 10 |
| and city, village or
town, and state.
However the county or | 11 |
| city, village or town, and state of residence of
the electors | 12 |
| may be printed on the petition forms where all of the
electors | 13 |
| signing the petition reside in the same county or city, village
| 14 |
| or town, and state. Standard abbreviations may be used in | 15 |
| writing the
residence address, including street number, if any. | 16 |
| At the bottom of
each sheet of such petition shall be added a | 17 |
| circulator statement signed by
a person 18 years of age or | 18 |
| older who is a citizen of the United States,
stating the street | 19 |
| address or rural route number, as the case may be, as well
as | 20 |
| the county, city, village or town, and state;
and certifying | 21 |
| that the signatures on that sheet of the petition were signed | 22 |
| in
his or her presence and certifying that the signatures are | 23 |
| genuine; and
either (1) indicating the dates on which that | 24 |
| sheet was circulated, or (2)
indicating the first and last | 25 |
| dates on which the sheet was circulated, or (3)
certifying that | 26 |
| none of the signatures on the sheet were signed more than 90
| 27 |
| days preceding the last day for the filing of the petition and | 28 |
| certifying that
to the best of his or her knowledge and belief | 29 |
| the persons so signing were at
the time of signing the | 30 |
| petitions qualified voters of the political party for
which a | 31 |
| nomination is sought. Such statement shall be sworn to before | 32 |
| some
officer authorized to administer oaths in this State.
| 33 |
| No petition sheet shall be circulated more than 90 days | 34 |
| preceding the
last day provided in Section 7-12 for the filing |
|
|
|
09400HB4173sam002 |
- 4 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| of such petition.
| 2 |
| The person circulating the petition, or the candidate on | 3 |
| whose behalf the
petition is circulated, may strike any | 4 |
| signature from the petition,
provided that:
| 5 |
| (1) the person striking the signature shall initial the | 6 |
| petition at
the place where the signature is struck; and
| 7 |
| (2) the person striking the signature shall sign a | 8 |
| certification
listing the page number and line number of | 9 |
| each signature struck from
the petition. Such | 10 |
| certification shall be filed as a part of the petition.
| 11 |
| Such sheets before being filed shall be neatly fastened | 12 |
| together in
book form, by placing the sheets in a pile and | 13 |
| fastening them together
at one edge in a secure and suitable | 14 |
| manner, and the sheets shall then
be numbered consecutively. | 15 |
| The sheets shall not be fastened by pasting
them together end | 16 |
| to end, so as to form a continuous strip or roll. All
petition | 17 |
| sheets which are filed with the proper local election | 18 |
| officials,
election authorities or the State Board of Elections | 19 |
| shall be the original
sheets which have been signed by the | 20 |
| voters and by the circulator thereof,
and not photocopies or | 21 |
| duplicates of such sheets. Each petition must include
as a part | 22 |
| thereof, a statement of candidacy for each of the candidates | 23 |
| filing,
or in whose behalf the petition is filed. This | 24 |
| statement shall set out the
address of such candidate, the | 25 |
| office for which he is a candidate, shall state
that the | 26 |
| candidate is a qualified primary voter of the party to which | 27 |
| the
petition relates and is qualified for the office specified | 28 |
| (in the case of a
candidate for State's Attorney it shall state | 29 |
| that the candidate is at the time
of filing such statement a | 30 |
| licensed attorney-at-law of this State), shall state
that he | 31 |
| has filed (or will file before the close of the petition filing | 32 |
| period)
a statement of economic interests as required by the | 33 |
| Illinois Governmental
Ethics Act, shall state that the | 34 |
| candidate has not changed his or her name (except name changes |
|
|
|
09400HB4173sam002 |
- 5 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| resulting from adoption to assume an adoptive parent's or | 2 |
| parents' surname, marriage to assume a spouse's surname, or | 3 |
| dissolution of marriage or declaration of invalidity of | 4 |
| marriage to assume a former surname) within the 3 years before | 5 |
| the last day for filing nomination petitions for the office | 6 |
| sought by the candidate or if the candidate has so changed his | 7 |
| or her name during that period shall state the name changes and | 8 |
| dates of name changes, shall request that the candidate's name | 9 |
| be placed upon the official
ballot, and shall be subscribed and | 10 |
| sworn to by such candidate before some
officer authorized to | 11 |
| take acknowledgment of deeds in the State and shall be in
| 12 |
| substantially the following form:
| 13 |
| Statement of Candidacy
|
|
14 | | Name |
Address |
Office |
District |
Party |
|
15 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
|
16 | | |
Belvidere, |
|
|
|
|
17 | | |
Illinois |
|
|
|
|
18 |
| State of Illinois)
| 19 |
| ) ss.
| 20 |
| County of .......)
| 21 |
| I, ...., being first duly sworn, say that I reside at .... | 22 |
| Street in the city
(or village) of ...., in the county of ...., | 23 |
| State of Illinois; that I
am a qualified voter therein and am a | 24 |
| qualified primary voter of the ....
party; that I am a | 25 |
| candidate for nomination (for election in the case of
| 26 |
| committeeman and delegates and alternate delegates) to the | 27 |
| office of ....
to be voted upon at the primary election to be | 28 |
| held on (insert date); that I am
legally qualified (including
| 29 |
| being the holder of any license that may be an eligibility | 30 |
| requirement
for the office I seek the nomination for) to hold | 31 |
| such office ;
and that I
have filed (or I will file before the | 32 |
| close of the petition filing period)
a statement of economic | 33 |
| interests as required by the Illinois
Governmental Ethics Act ; |
|
|
|
09400HB4173sam002 |
- 6 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| and that I have not changed my name (except name changes | 2 |
| resulting from adoption to assume an adoptive parent's or | 3 |
| parents' surname, marriage to assume a spouse's surname, or | 4 |
| dissolution of marriage or declaration of invalidity of | 5 |
| marriage to assume a former surname) within the 3 years before | 6 |
| the last day for filing nomination petitions for this office or | 7 |
| that I have so changed my name during that period from (insert | 8 |
| each former name) to (insert each subsequent legal name) | 9 |
| effective (insert each date of each name change); and I hereby | 10 |
| request that my name be printed
upon the official primary | 11 |
| ballot for nomination for (or election to in
the case of | 12 |
| committeemen and delegates and alternate delegates) such
| 13 |
| office.
| 14 |
| Signed ......................
| 15 |
| Subscribed and sworn to (or affirmed) before me by ...., | 16 |
| who is to me
personally known, on (insert date).
| 17 |
| Signed ....................
| 18 |
| (Official Character)
| 19 |
| (Seal, if officer has one.)
| 20 |
| The petitions, when filed, shall not be withdrawn or added | 21 |
| to, and no
signatures shall be revoked except by revocation | 22 |
| filed in writing with
the State Board of Elections, election | 23 |
| authority or local election
official with whom the petition is | 24 |
| required to be filed, and before the
filing of such petition. | 25 |
| Whoever forges the name of a signer upon any
petition required | 26 |
| by this Article is deemed guilty of a forgery and on
conviction | 27 |
| thereof shall be punished accordingly.
| 28 |
| A candidate for the offices listed in this Section must | 29 |
| obtain the number
of signatures specified in this Section on | 30 |
| his or her petition for nomination.
| 31 |
| (a) Statewide office or delegate to a national nominating | 32 |
| convention. If a
candidate seeks to run for statewide office or | 33 |
| as a delegate or alternate
delegate to a national nominating |
|
|
|
09400HB4173sam002 |
- 7 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| convention elected from the State at-large,
then the | 2 |
| candidate's petition for nomination must contain at least 5,000 | 3 |
| but
not more than 10,000 signatures.
| 4 |
| (b) Congressional office or congressional delegate to a | 5 |
| national nominating
convention. If a candidate seeks to run for | 6 |
| United States Congress or as a
congressional delegate or | 7 |
| alternate congressional delegate to a national
nominating | 8 |
| convention elected from a congressional district, then the
| 9 |
| candidate's petition for nomination must contain at least the | 10 |
| number of
signatures equal to 0.5% of the qualified primary | 11 |
| electors of his or her party
in his or her congressional | 12 |
| district. In the first primary election following a
| 13 |
| redistricting of congressional districts, a candidate's | 14 |
| petition for nomination
must contain at least 600 signatures of | 15 |
| qualified primary electors of the
candidate's political party | 16 |
| in his or her congressional district.
| 17 |
| (c) County office. If a candidate seeks to run for any | 18 |
| countywide office,
including but not limited to county board | 19 |
| chairperson or county board
member, elected on an at-large | 20 |
| basis, in a county other than Cook County,
then the candidate's | 21 |
| petition for nomination must contain at least the number
of | 22 |
| signatures equal to 0.5% of the qualified electors of his or | 23 |
| her party who
cast votes at the last preceding general election | 24 |
| in his or her county. If a
candidate
seeks to run for county | 25 |
| board member elected from a county board district, then
the | 26 |
| candidate's petition for nomination must contain at least the | 27 |
| number of
signatures equal to 0.5% of the qualified primary | 28 |
| electors of his or her party
in the
county board district. In | 29 |
| the first primary election following a redistricting
of county | 30 |
| board districts or the initial establishment of county board
| 31 |
| districts, a candidate's petition for nomination must contain | 32 |
| at least the
number of signatures equal to 0.5% of the | 33 |
| qualified electors of his or her
party
in the entire county who | 34 |
| cast votes at the last preceding general election
divided by |
|
|
|
09400HB4173sam002 |
- 8 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| the
total number of county board districts comprising the | 2 |
| county board; provided
that
in no event shall the number of | 3 |
| signatures 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 | 27 |
| Tax Code, then the candidate's petition for
nomination must | 28 |
| contain at least the number of signatures equal to 0.5% of
| 29 |
| the total number of registered voters in his or her board | 30 |
| of
review district in the last general election at which a | 31 |
| commissioner was
regularly scheduled to be elected from | 32 |
| that board of review district. In no
event shall the number | 33 |
| of signatures required be greater than the requisite
number | 34 |
| for a candidate who seeks countywide office in Cook County
|
|
|
|
09400HB4173sam002 |
- 9 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| under subsection (d)(1) of this Section. In the first | 2 |
| primary election
following a redistricting of Cook County | 3 |
| Board of Review districts, a
candidate's petition for | 4 |
| nomination must contain at least 4,000 signatures
or at | 5 |
| least the number of signatures required for a countywide | 6 |
| candidate in
Cook County, whichever is less,
of the | 7 |
| qualified electors of his or her party in the district.
| 8 |
| (e) Municipal or township office. If a candidate seeks to | 9 |
| run for municipal
or township office, then the candidate's | 10 |
| petition for nomination must contain
at least the number of | 11 |
| signatures equal to 0.5% of the qualified primary
electors of | 12 |
| his or her party in the municipality or township. If a | 13 |
| candidate
seeks to run for alderman of a municipality, then the | 14 |
| candidate's petition for
nomination must contain at least the | 15 |
| number of signatures equal to 0.5% of the
qualified primary | 16 |
| electors of his or her party of the ward. In the first
primary | 17 |
| election following redistricting of aldermanic wards or | 18 |
| trustee
districts of a municipality or the initial | 19 |
| establishment of wards or districts,
a candidate's petition for | 20 |
| nomination must contain the number of signatures
equal to at | 21 |
| least 0.5% of the total number of votes cast for the candidate | 22 |
| of
that political party who received the highest number of | 23 |
| votes in the entire
municipality at the last regular election | 24 |
| at which an officer was regularly
scheduled to be elected from
| 25 |
| the entire municipality, divided by the number of wards or | 26 |
| districts. In no
event shall the number of signatures be less | 27 |
| than 25.
| 28 |
| (f) State central committeeperson. If a candidate seeks to | 29 |
| run for State
central committeeperson, then the candidate's | 30 |
| petition for nomination must
contain at least 100 signatures of | 31 |
| the primary electors of his or her party of
his or
her | 32 |
| congressional district.
| 33 |
| (g) Sanitary district trustee. If a candidate seeks to run | 34 |
| for trustee of a
sanitary district in which trustees are not |
|
|
|
09400HB4173sam002 |
- 10 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| elected from wards, then the
candidate's petition for | 2 |
| nomination must contain at least the number of
signatures equal | 3 |
| to 0.5% of the primary electors of his or her party from the
| 4 |
| sanitary district. If a candidate seeks to run for trustee
of a | 5 |
| sanitary district in which trustees are elected from wards, | 6 |
| then the
candidate's petition for
nomination must contain at | 7 |
| least the number of signatures equal to 0.5% of the
primary | 8 |
| electors of his or her party in the ward of that sanitary | 9 |
| district. In
the
first primary election following | 10 |
| redistricting of sanitary districts elected
from wards, a | 11 |
| candidate's petition for nomination must contain at least the
| 12 |
| signatures of 150 qualified primary electors of his or her ward | 13 |
| of that
sanitary district.
| 14 |
| (h) Judicial office. If a candidate seeks to run for | 15 |
| judicial office in a district, then the candidate's petition | 16 |
| for nomination must contain the number of signatures equal to | 17 |
| 0.4% of the number of votes cast in that district for the | 18 |
| candidate for his or her political party for the office of | 19 |
| Governor at the last general election at which a Governor was | 20 |
| elected, but in no event less than 500 signatures. If a | 21 |
| candidate seeks to run for judicial office in a
circuit or | 22 |
| subcircuit, then the candidate's petition for nomination
must | 23 |
| contain the number of signatures equal to 0.25% of the number | 24 |
| of votes
cast for the judicial candidate of his or her | 25 |
| political party who received the
highest number of votes
at the | 26 |
| last general election at which a judicial
officer from the same | 27 |
| circuit or subcircuit was regularly scheduled
to be elected, | 28 |
| but in no event less than 500 signatures.
| 29 |
| (i) Precinct, ward, and township committeeperson. If a | 30 |
| candidate seeks to
run for precinct committeeperson, then the | 31 |
| candidate's petition for nomination
must contain at least 10 | 32 |
| signatures of the primary electors of his or her
party for the | 33 |
| precinct. If a candidate seeks to run for ward committeeperson,
| 34 |
| then the candidate's petition for nomination must contain no |
|
|
|
09400HB4173sam002 |
- 11 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| less than the
number of signatures equal to 10% of the primary | 2 |
| electors of his or her party
of the ward, but no more than 16% | 3 |
| of those same electors; provided that the
maximum number of | 4 |
| signatures may be 50 more than the minimum number, whichever
is | 5 |
| greater. If a candidate seeks to run for township | 6 |
| committeeperson, then the
candidate's petition for nomination | 7 |
| must contain no less than the number of
signatures equal to 5% | 8 |
| of the primary electors of his or her party of the
township, | 9 |
| but no more than 8% of those same electors;
provided that the | 10 |
| maximum number of signatures may be 50 more than the
minimum | 11 |
| number, whichever is greater.
| 12 |
| (j) State's attorney or regional superintendent of schools | 13 |
| for multiple
counties. If
a candidate seeks to run for State's | 14 |
| attorney or regional Superintendent of
Schools who serves more | 15 |
| than one county, then the candidate's petition for
nomination | 16 |
| must contain at least the number of signatures equal to 0.5% of | 17 |
| the
primary electors of his or her party in the territory | 18 |
| comprising the counties.
| 19 |
| (k) Any other office. If a candidate seeks any other | 20 |
| office, then the
candidate's petition for nomination must | 21 |
| contain at least the number of
signatures equal to 0.5% of the | 22 |
| registered voters of the political subdivision,
district, or | 23 |
| division for which the nomination is made or 25 signatures,
| 24 |
| whichever is greater.
| 25 |
| For purposes of this Section the number of primary electors | 26 |
| shall be
determined by taking the total vote cast, in the | 27 |
| applicable district, for the
candidate for that political party | 28 |
| who received the highest number of votes,
statewide, at the | 29 |
| last general election in the State at which electors for
| 30 |
| President of the United States were elected. For political | 31 |
| subdivisions, the
number of primary electors shall be | 32 |
| determined by taking the total vote
cast for the candidate for | 33 |
| that political party who received the highest number
of votes | 34 |
| in the political subdivision at the last regular election at |
|
|
|
09400HB4173sam002 |
- 12 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| which an
officer was regularly scheduled to be elected from | 2 |
| that subdivision. For wards
or districts of political | 3 |
| subdivisions, the number of primary electors shall be
| 4 |
| determined by taking the total vote cast for the candidate for | 5 |
| that political
party who received the highest number of votes | 6 |
| in the ward or district at the
last regular election at which | 7 |
| an officer was regularly scheduled to be elected
from that ward | 8 |
| or district.
| 9 |
| A "qualified primary elector" of a party may not
sign | 10 |
| petitions for or be a candidate in the primary of more than
one | 11 |
| party.
| 12 |
| The changes made to this Section of this amendatory Act of | 13 |
| the 93rd General
Assembly are declarative of existing law, | 14 |
| except for item (3) of subsection
(d).
| 15 |
| Petitions of candidates for nomination for offices herein | 16 |
| specified,
to be filed with the same officer, may contain the | 17 |
| names of 2 or more
candidates of the same political party for | 18 |
| the same or different
offices.
| 19 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
| 20 |
| (10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
| 21 |
| Sec. 7-10.2. In the designation of the name of a candidate | 22 |
| on a petition for
nomination or certificate of nomination the | 23 |
| candidate's given name or
names, initial or initials, a | 24 |
| nickname by which the candidate is
commonly known, or a | 25 |
| combination thereof, may be used in addition to the
candidate's | 26 |
| surname. If a candidate has changed his or her name, whether by | 27 |
| a statutory or common law procedure in Illinois or any other | 28 |
| jurisdiction, within 3 years before the last day for filing the | 29 |
| petition or certificate for that office, whichever is | 30 |
| applicable, then the candidate's name on the petition or | 31 |
| certificate must be followed by "formerly known as (list all | 32 |
| prior names during the 3-year period) until name changed on | 33 |
| (list date of each such name change)", as declared on the |
|
|
|
09400HB4173sam002 |
- 13 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| candidate's statement of candidacy; failure to meet this | 2 |
| requirement shall be grounds for denying certification of the | 3 |
| candidate's name for the ballot or removing the candidate's | 4 |
| name from the ballot, as appropriate, but this requirement does | 5 |
| not apply to name changes resulting from adoption to assume an | 6 |
| adoptive parent's or parents' surname, marriage to assume a | 7 |
| spouse's surname, or dissolution of marriage or declaration of | 8 |
| invalidity of marriage to assume a former surname. No other | 9 |
| designation such as a political slogan, as
defined by Section | 10 |
| 7-17, title or degree, or
nickname suggesting or implying | 11 |
| possession of a title, degree or professional
status, or | 12 |
| similar information may be used in connection with the | 13 |
| candidate's
surname , except that the title "Mrs." may be used | 14 |
| in the case of a
married woman .
| 15 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 16 |
| (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
| 17 |
| Sec. 7-17. Candidate ballot name procedures.
| 18 |
| (a) Each election authority in each county shall cause to | 19 |
| be
printed upon the general primary ballot of each party for | 20 |
| each precinct
in his jurisdiction the name of each candidate | 21 |
| whose petition for
nomination or for committeeman has been | 22 |
| filed in the office of the
county clerk, as herein provided; | 23 |
| and also the name of each candidate
whose name has been | 24 |
| certified to his office by the State Board of
Elections, and in | 25 |
| the order so certified, except as hereinafter
provided.
| 26 |
| It shall be the duty of the election authority to cause to | 27 |
| be printed
upon the consolidated primary ballot of each | 28 |
| political party for each
precinct in his jurisdiction the name | 29 |
| of each candidate whose name has
been certified to him, as | 30 |
| herein provided and which is to be voted for
in such precinct.
| 31 |
| (b) In the designation of the name of a candidate on the | 32 |
| primary ballot
the candidate's given name or names, initial or | 33 |
| initials, a nickname by
which the candidate is commonly known, |
|
|
|
09400HB4173sam002 |
- 14 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| or a combination thereof, may be
used in addition to the | 2 |
| candidate's surname. If a candidate has changed his or her | 3 |
| name, whether by a statutory or common law procedure in | 4 |
| Illinois or any other jurisdiction, within 3 years before the | 5 |
| last day for filing the petition for nomination, nomination | 6 |
| papers, or certificate of nomination for that office, whichever | 7 |
| is applicable, then the candidate's name on the primary ballot | 8 |
| must be followed by "formerly known as (list all prior names | 9 |
| during the 3-year period) until name changed on (list date of | 10 |
| each such name change)", as declared on the candidate's | 11 |
| statement of candidacy; failure to meet this requirement shall | 12 |
| be grounds for denying certification of the candidate's name | 13 |
| for the ballot or removing the candidate's name from the | 14 |
| ballot, as appropriate, but this requirement does not apply to | 15 |
| name changes resulting from adoption to assume an adoptive | 16 |
| parent's or parents' surname, marriage to assume a spouse's | 17 |
| surname, or dissolution of marriage or declaration of | 18 |
| invalidity of marriage to assume a former surname. No other | 19 |
| designation such
as a political slogan, title, or degree, or | 20 |
| nickname suggesting or
implying possession of
a title, degree | 21 |
| or professional status, or similar information may be
used in | 22 |
| connection
with the candidate's surname , except that the title | 23 |
| "Mrs." may be used
in the case of a married woman .
For purposes | 24 |
| of this Section, a "political slogan" is defined as any
word
or | 25 |
| words expressing or connoting a position, opinion, or belief | 26 |
| that the
candidate may espouse, including but not limited to, | 27 |
| any word or words
conveying any meaning other than that of the | 28 |
| personal identity of the
candidate. A
candidate may not use a | 29 |
| political slogan as part of his or her name on the
ballot, | 30 |
| notwithstanding that the political slogan may be part of the
| 31 |
| candidate's name.
| 32 |
| (c) The State Board of Elections, a local election | 33 |
| official, or an election
authority shall remove any candidate's | 34 |
| name designation from a ballot that is
inconsistent with |
|
|
|
09400HB4173sam002 |
- 15 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| subsection (b) of this Section. In addition, the State Board
of | 2 |
| Elections, a local election official, or an election authority | 3 |
| shall not
certify to any election authority any candidate name | 4 |
| designation that is
inconsistent with subsection (b) of this | 5 |
| Section.
| 6 |
| (d) If the State Board of Elections, a local election | 7 |
| official, or an
election authority removes a candidate's name | 8 |
| designation from a ballot
under subsection (c) of this Section, | 9 |
| then the aggrieved candidate may
seek appropriate relief in | 10 |
| circuit court.
| 11 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 12 |
| (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
| 13 |
| Sec. 8-8. Form of petition for nomination. The name of no | 14 |
| candidate for nomination shall be printed
upon the primary | 15 |
| ballot unless a petition for nomination shall have been
filed | 16 |
| in his behalf as provided for in this Section. Each such | 17 |
| petition
shall include as a part thereof the oath required by | 18 |
| Section 7-10.1 of
this Act and a statement of candidacy by the | 19 |
| candidate filing or in
whose behalf the petition is filed. This | 20 |
| statement shall set out the
address of such candidate, the | 21 |
| office for which he is a candidate, shall
state that the | 22 |
| candidate is a qualified primary voter of the party to
which | 23 |
| the petition relates, is qualified for the office specified and
| 24 |
| has filed a statement of economic interests as required by the | 25 |
| Illinois
Governmental Ethics Act, shall state that the | 26 |
| candidate has not changed his or her name (except name changes | 27 |
| resulting from adoption to assume an adoptive parent's or | 28 |
| parents' surname, marriage to assume a spouse's surname, or | 29 |
| dissolution of marriage or declaration of invalidity of | 30 |
| marriage to assume a former surname) within the 3 years before | 31 |
| the last day for filing nomination petitions for the office | 32 |
| sought by the candidate or if the candidate has so changed his | 33 |
| or her name during that period shall state the name changes and |
|
|
|
09400HB4173sam002 |
- 16 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| dates of name changes, shall request that the candidate's name | 2 |
| be
placed upon the official ballot and shall be subscribed and | 3 |
| sworn by
such candidate before some officer authorized to take | 4 |
| acknowledgment of
deeds in this State and may be in | 5 |
| substantially the following form:
| 6 |
| State of Illinois)
| 7 |
| ) ss.
| 8 |
| County ..........)
| 9 |
| I, ...., being first duly sworn, say that I reside at .... | 10 |
| street in
the city (or village of) .... in the county of .... | 11 |
| State of Illinois;
that I am a qualified voter therein and am a | 12 |
| qualified primary voter of
.... party; that I am a candidate | 13 |
| for nomination to the office of ....
to be voted upon at the | 14 |
| primary election to be held on (insert date);
that I am legally | 15 |
| qualified to hold such office ;
and
that I have filed a | 16 |
| statement of economic interests as required by the
Illinois | 17 |
| Governmental Ethics Act ; and that I have not changed my name | 18 |
| (except name changes resulting from adoption to assume an | 19 |
| adoptive parent's or parents' surname, marriage to assume a | 20 |
| spouse's surname, or dissolution of marriage or declaration of | 21 |
| invalidity of marriage to assume a former surname) within the 3 | 22 |
| years before the last day for filing nomination petitions for | 23 |
| this office or that I have so changed my name during that | 24 |
| period from (insert each former name) to (insert each | 25 |
| subsequent legal name) effective (insert each date of each name | 26 |
| change); and I hereby request that my name be
printed upon the | 27 |
| official primary ballot for nomination for such office.
| 28 |
| Signed ....................
| 29 |
| Subscribed and sworn to (or affirmed) before me by ...., | 30 |
| who is to me
personally known, on (insert date).
| 31 |
| Signed .... (Official Character)
| 32 |
| (Seal if officer has one.)
| 33 |
| The receipt issued by the Secretary of State indicating | 34 |
| that the candidate has filed the statement of economic |
|
|
|
09400HB4173sam002 |
- 17 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| interests required by the Illinois Governmental Ethics Act must | 2 |
| be filed with the petitions for nomination as provided in | 3 |
| subsection (8) of Section 7-12 of this Code.
| 4 |
| All petitions for nomination for the office of State | 5 |
| Senator shall be signed
by 1% or 1,000
, whichever is greater, | 6 |
| of the qualified primary electors of
the candidate's party in | 7 |
| his legislative district, except that for the first
primary | 8 |
| following a redistricting of legislative districts, such | 9 |
| petitions
shall be signed by at least 1,000
qualified primary | 10 |
| electors of the candidate's
party in his legislative district.
| 11 |
| All petitions for nomination for the office of | 12 |
| Representative in the General
Assembly shall be signed by at | 13 |
| least 1% or 500
, whichever is greater, of
the qualified | 14 |
| primary electors of the candidate's party in his or her
| 15 |
| representative district, except that for the first primary | 16 |
| following
a redistricting of representative districts such | 17 |
| petitions shall be signed
by at least 500
qualified primary | 18 |
| electors of the candidate's party in
his or her representative | 19 |
| district.
| 20 |
| Opposite the signature of each qualified primary elector | 21 |
| who signs a
petition for nomination for the office of State | 22 |
| Representative or State
Senator such elector's residence | 23 |
| address shall be written or printed. The
residence address | 24 |
| required to be written or printed opposite each qualified
| 25 |
| primary elector's name shall include the street address or | 26 |
| rural route
number of the signer, as the case may be, as well | 27 |
| as the signer's county
and city, village or town.
| 28 |
| For the purposes of this Section, the number of primary | 29 |
| electors shall
be determined by taking the total vote cast, in | 30 |
| the applicable district,
for the candidate for such political | 31 |
| party who received the highest number
of votes, state-wide, at | 32 |
| the last general election in the State at which
electors for | 33 |
| President of the United States were elected.
| 34 |
| A "qualified primary elector" of a party may not sign |
|
|
|
09400HB4173sam002 |
- 18 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| petitions for or be a
candidate in the primary of more than one | 2 |
| party.
| 3 |
| In the affidavit at the bottom of each sheet, the petition | 4 |
| circulator,
who shall be a person 18 years of age or older who | 5 |
| is a citizen of the United
States, shall state his or her | 6 |
| street address or rural route
number, as the
case may be, as | 7 |
| well as his or her county, city, village or
town, and state; | 8 |
| and
shall certify that the signatures on that sheet of the | 9 |
| petition were signed in
his or her presence; and shall certify | 10 |
| that the signatures are genuine; and
shall certify
that to the | 11 |
| best of his or her knowledge and belief the persons so signing | 12 |
| were
at the time of signing the petition qualified primary | 13 |
| voters for which the
nomination is sought.
| 14 |
| In the affidavit at the bottom of each petition sheet, the | 15 |
| petition
circulator shall either (1) indicate the dates on | 16 |
| which he or she
circulated that sheet, or (2) indicate the | 17 |
| first and last dates on which
the sheet was circulated, or (3) | 18 |
| certify that none of the signatures on the
sheet were signed | 19 |
| more than 90 days preceding the last day for the filing
of the | 20 |
| petition. No petition sheet shall be circulated more than 90 | 21 |
| days
preceding the last day provided in Section 8-9 for the | 22 |
| filing of such petition.
| 23 |
| All petition sheets which are filed with the State Board of | 24 |
| Elections shall
be the original sheets which have been signed | 25 |
| by the voters and by the
circulator, and not photocopies or | 26 |
| duplicates of such sheets.
| 27 |
| The person circulating the petition, or the candidate on | 28 |
| whose behalf
the petition is circulated, may strike any | 29 |
| signature from the petition,
provided that:
| 30 |
| (1) the person striking the signature shall initial the | 31 |
| petition at
the place where the signature is struck; and
| 32 |
| (2) the person striking the signature shall sign a | 33 |
| certification
listing the page number and line number of | 34 |
| each signature struck from
the petition. Such |
|
|
|
09400HB4173sam002 |
- 19 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| certification shall be filed as a part of the petition.
| 2 |
| (Source: P.A. 94-645, eff. 8-22-05.)
| 3 |
| (10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
| 4 |
| Sec. 8-8.1. In the designation of the name of a candidate | 5 |
| on a petition for
nomination, the candidate's given name or | 6 |
| names, initial or initials, a
nickname by which the candidate | 7 |
| is commonly known, or a combination
thereof, may be used in | 8 |
| addition to the candidate's surname. If a candidate has changed | 9 |
| his or her name, whether by a statutory or common law procedure | 10 |
| in Illinois or any other jurisdiction, within 3 years before | 11 |
| the last day for filing the petition or certificate for that | 12 |
| office, whichever is applicable, then the candidate's name on | 13 |
| the petition or certificate must be followed by "formerly known | 14 |
| as (list all prior names during the 3-year period) until name | 15 |
| changed on (list date of each such name change)", as declared | 16 |
| on the candidate's statement of candidacy; failure to meet this | 17 |
| requirement shall be grounds for denying certification of the | 18 |
| candidate's name for the ballot or removing the candidate's | 19 |
| name from the ballot, as appropriate, but this requirement does | 20 |
| not apply to name changes resulting from adoption to assume an | 21 |
| adoptive parent's or parents' surname, marriage to assume a | 22 |
| spouse's surname, or dissolution of marriage or declaration of | 23 |
| invalidity of marriage to assume a former surname. No other
| 24 |
| designation such as a political slogan, title, or degree, or | 25 |
| nickname
suggesting or implying
possession of a title, degree | 26 |
| or professional status, or similar information
may be used
in | 27 |
| connection with the candidate's surname , except that the title | 28 |
| "Mrs."
may be used in the case of a married woman .
| 29 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 30 |
| (10 ILCS 5/10-5) (from Ch. 46, par. 10-5)
| 31 |
| Sec. 10-5. All petitions for nomination shall,
besides | 32 |
| containing the names of candidates, specify as to each:
|
|
|
|
09400HB4173sam002 |
- 20 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| 1. The office or offices to which such candidate or | 2 |
| candidates shall
be nominated.
| 3 |
| 2. The new political party, if any, represented, expressed | 4 |
| in not more than 5
words. However, such party shall not bear | 5 |
| the same name as, nor include
the name of any established | 6 |
| political party as defined in this Article.
This prohibition | 7 |
| does not preclude any established political party from
making | 8 |
| nominations in those cases in which it is authorized to do so.
| 9 |
| 3. The place of residence of any such candidate or | 10 |
| candidates with
the street and number thereof, if any. In the | 11 |
| case of electors for
President and Vice-President of the United | 12 |
| States, the names of
candidates for President and | 13 |
| Vice-President may be added to the party
name or appellation.
| 14 |
| Such certificate of nomination or nomination papers in | 15 |
| addition shall
include as a part thereof, the oath required by | 16 |
| Section 7-10.1 of this
Act and must include a statement of | 17 |
| candidacy for each of the candidates named
therein, except | 18 |
| candidates for electors for President and Vice-President
of the | 19 |
| United States. Each such statement shall set out the address of
| 20 |
| such candidate, the office for which he is a candidate, shall | 21 |
| state that
the candidate is qualified for the office specified | 22 |
| and has filed (or will
file before the close of the petition | 23 |
| filing period) a
statement of economic interests as required by | 24 |
| the Illinois Governmental
Ethics Act, shall state that the | 25 |
| candidate has not changed his or her name (except name changes | 26 |
| resulting from adoption to assume an adoptive parent's or | 27 |
| parents' surname, marriage to assume a spouse's surname, or | 28 |
| dissolution of marriage or declaration of invalidity of | 29 |
| marriage to assume a former surname) within the 3 years before | 30 |
| the last day for filing nomination papers or certificates for | 31 |
| the office sought by the candidate or if the candidate has so | 32 |
| changed his or her name during that period shall state the name | 33 |
| changes and dates of name changes, shall request that the | 34 |
| candidate's name be placed upon the
official ballot and shall |
|
|
|
09400HB4173sam002 |
- 21 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| be subscribed and sworn to by such candidate
before some | 2 |
| officer authorized to take acknowledgments of deeds in this
| 3 |
| State, and may be in substantially the following form:
| 4 |
| State of Illinois)
| 5 |
| ) SS.
| 6 |
| County of........)
| 7 |
| I,...., being first duly sworn, say that I reside at.... | 8 |
| street, in
the city (or village) of.... in the county of.... | 9 |
| State of Illinois;
and that I am a qualified voter therein; | 10 |
| that I am a candidate for
election to the office of.... to be | 11 |
| voted upon at the election to be
held on the.... day | 12 |
| of....,.....; and that I am legally qualified
to hold such | 13 |
| office ;
and that I have filed (or will file before the close
of | 14 |
| the petition filing period) a statement of economic
interests | 15 |
| as required by the Illinois Governmental Ethics Act ; and that I | 16 |
| have not changed my name (except name changes resulting from | 17 |
| adoption to assume an adoptive parent's or parents' surname, | 18 |
| marriage to assume a spouse's surname, or dissolution of | 19 |
| marriage or declaration of invalidity of marriage to assume a | 20 |
| former surname) within the 3 years before the last day for | 21 |
| filing nomination papers or certificates for this office or | 22 |
| that I have so changed my name during that period from (insert | 23 |
| each former name) to (insert each subsequent legal name) | 24 |
| effective (insert each date of each name change); , and I
hereby | 25 |
| request that my name be printed upon the official ballot for
| 26 |
| election to such office.
| 27 |
| Signed.................
| 28 |
| Subscribed and sworn to (or affirmed) before me by.... who | 29 |
| is to me
personally known, this.... day of....,......
| 30 |
| Signed.................
| 31 |
| (Official Character)
| 32 |
| (Seal, if officer has one.)
| 33 |
| In addition, a new political party petition shall have | 34 |
| attached thereto
a certificate stating the names and addresses |
|
|
|
09400HB4173sam002 |
- 22 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| of the party officers authorized
to fill vacancies in | 2 |
| nomination pursuant to Section 10-11.
| 3 |
| Nomination papers filed under this Section are not valid if | 4 |
| the
candidate named therein fails to file a statement of | 5 |
| economic interests
as required by the Illinois Governmental | 6 |
| Ethics Act in relation to his
candidacy with the appropriate | 7 |
| officer by the end of the period for the
filing of nomination | 8 |
| papers unless he has filed a statement of economic
interests in | 9 |
| relation to the same governmental unit with that officer
during | 10 |
| the same calendar year as the year in which such nomination
| 11 |
| papers were filed. If the nomination papers of any candidate | 12 |
| and the
statement of economic interest of that candidate are | 13 |
| not required to be
filed with the same officer, the candidate | 14 |
| must file with the officer
with whom the nomination papers are | 15 |
| filed a receipt from the officer
with whom the statement of | 16 |
| economic interests is filed showing the date
on which such | 17 |
| statement was filed. Such receipt shall be so filed not
later | 18 |
| than the last day on which nomination papers may be filed.
| 19 |
| (Source: P.A. 84-551.)
| 20 |
| (10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
| 21 |
| Sec. 10-5.1. In the designation of the name of a candidate | 22 |
| on a certificate of
nomination or nomination papers the | 23 |
| candidate's given name or names,
initial or initials, a | 24 |
| nickname by which the candidate is commonly
known, or a | 25 |
| combination thereof, may be used in addition to the
candidate's | 26 |
| surname. If a candidate has changed his or her name, whether by | 27 |
| a statutory or common law procedure in Illinois or any other | 28 |
| jurisdiction, within 3 years before the last day for filing the | 29 |
| petition or certificate for that office, whichever is | 30 |
| applicable, then the candidate's name on the petition or | 31 |
| certificate must be followed by "formerly known as (list all | 32 |
| prior names during the 3-year period) until name changed on | 33 |
| (list date of each such name change)", as declared on the |
|
|
|
09400HB4173sam002 |
- 23 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| candidate's statement of candidacy; failure to meet this | 2 |
| requirement shall be grounds for denying certification of the | 3 |
| candidate's name for the ballot or removing the candidate's | 4 |
| name from the ballot, as appropriate, but this requirement does | 5 |
| not apply to name changes resulting from adoption to assume an | 6 |
| adoptive parent's or parents' surname, marriage to assume a | 7 |
| spouse's surname, or dissolution of marriage or declaration of | 8 |
| invalidity of marriage to assume a former surname. No other | 9 |
| designation such as a political slogan,
title, or
degree, or
| 10 |
| nickname suggesting or implying possession of a title, degree | 11 |
| or professional
status, or
similar information may be used in | 12 |
| connection with the candidate's
surname , except that the title | 13 |
| "Mrs." may be used in the case of a
married woman .
| 14 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 15 |
| (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
| 16 |
| Sec. 16-3. (a) The names of all candidates to be voted for | 17 |
| in each
election district or precinct shall be printed on one | 18 |
| ballot, except as
is provided in Sections 16-6.1 and 21-1.01 of | 19 |
| this Act and except as otherwise
provided in this Act with | 20 |
| respect to the odd year regular elections and
the emergency | 21 |
| referenda; all nominations
of any political party being placed | 22 |
| under the party appellation or title
of such party as | 23 |
| designated in the certificates of nomination or
petitions. The | 24 |
| names of all independent candidates shall be printed upon
the | 25 |
| ballot in a column or columns under the heading "independent"
| 26 |
| arranged under the names or titles of the respective offices | 27 |
| for which
such independent candidates shall have been nominated | 28 |
| and so far as
practicable, the name or names of any independent | 29 |
| candidate or
candidates for any office shall be printed upon | 30 |
| the ballot opposite the
name or names of any candidate or | 31 |
| candidates for the same office
contained in any party column or | 32 |
| columns upon said ballot. The ballot
shall contain no other | 33 |
| names, except that in cases of electors for
President and |
|
|
|
09400HB4173sam002 |
- 24 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| Vice-President of the United States, the names of the
| 2 |
| candidates for President and Vice-President may be added to the | 3 |
| party
designation and words calculated to aid the voter in his | 4 |
| choice of candidates
may be added, such as "Vote for one," | 5 |
| "Vote for three." When an electronic
voting system is used | 6 |
| which utilizes a ballot label booklet, the candidates
and | 7 |
| questions shall appear on the pages of such booklet in the | 8 |
| order
provided by this Code; and, in any case where candidates | 9 |
| for an office
appear on a page which does not contain the name | 10 |
| of any candidate for
another office, and where less than 50% of | 11 |
| the page is utilized, the name of
no candidate shall be printed | 12 |
| on the lowest 25% of such page. On the back or
outside of the | 13 |
| ballot, so as to appear when folded, shall be printed the words
| 14 |
| "Official Ballot", followed by the designation of the polling | 15 |
| place for
which the ballot is prepared, the date of the | 16 |
| election and a facsimile
of the signature of the election | 17 |
| authority who has caused the ballots to
be printed. The ballots | 18 |
| shall be of plain white paper, through which the
printing or | 19 |
| writing cannot be read. However, ballots for use at the
| 20 |
| nonpartisan and consolidated elections may be printed on | 21 |
| different color
paper, except blue paper, whenever necessary or | 22 |
| desirable to facilitate
distinguishing between ballots for | 23 |
| different political subdivisions. In
the case of nonpartisan | 24 |
| elections for officers of a political
subdivision, unless the | 25 |
| statute or an ordinance adopted pursuant to
Article VII of the | 26 |
| Constitution providing the form of government
therefor | 27 |
| requires otherwise, the column listing such nonpartisan
| 28 |
| candidates shall be printed with no appellation or circle at | 29 |
| its head.
The party appellation or title, or the word | 30 |
| "independent" at the head of
any column provided for | 31 |
| independent candidates, shall be printed in letters not less | 32 |
| than one-fourth of an inch in height
and a
circle one-half inch | 33 |
| in diameter shall be printed at the beginning of
the line in | 34 |
| which such appellation or title is printed, provided,
however, |
|
|
|
09400HB4173sam002 |
- 25 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| that no such circle shall be printed at the head of any column
| 2 |
| or columns provided for such independent candidates. The names | 3 |
| of
candidates shall be printed in letters not less than | 4 |
| one-eighth
nor more than one-fourth of an inch in height, and | 5 |
| at the beginning of
each line in which a name of a candidate is | 6 |
| printed a square shall be
printed, the sides of which shall be | 7 |
| not less than one-fourth of an inch
in length. However, the | 8 |
| names of the candidates for Governor and
Lieutenant Governor on | 9 |
| the same ticket shall be printed within a bracket
and a single | 10 |
| square shall be printed in front of the bracket. The list
of | 11 |
| candidates of the several parties and any such list of | 12 |
| independent
candidates shall be placed in separate columns on | 13 |
| the ballot in such
order as the election authorities charged | 14 |
| with the printing of the
ballots shall decide; provided, that | 15 |
| the names of the candidates of the
several political parties, | 16 |
| certified by the State Board of Elections to
the several county | 17 |
| clerks shall be printed by the county clerk of the
proper | 18 |
| county on the official ballot in the order certified by the | 19 |
| State
Board of Elections. Any county clerk refusing, neglecting | 20 |
| or failing to
print on the official ballot the names of | 21 |
| candidates of the several
political parties in the order | 22 |
| certified by the State Board of
Elections, and any county clerk | 23 |
| who prints or causes to be printed upon
the official ballot the | 24 |
| name of a candidate, for an office to be filled
by the Electors | 25 |
| of the entire State, whose name has not been duly
certified to | 26 |
| him upon a certificate signed by the State Board of
Elections | 27 |
| shall be guilty of a Class C misdemeanor.
| 28 |
| (b) When an electronic voting system is used which utilizes | 29 |
| a ballot
card,
on the inside flap of each ballot card envelope | 30 |
| there shall be printed
a form for write-in voting which shall | 31 |
| be substantially as follows:
| 32 |
| WRITE-IN VOTES
| 33 |
| (See card of instructions for specific information. | 34 |
| Duplicate form below
by hand for additional write-in votes.)
|
|
|
|
09400HB4173sam002 |
- 26 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| _____________________________
| 2 |
| Title of Office
| 3 |
| ( ) ____________________________
| 4 |
| Name of Candidate
| 5 |
| (c) When an electronic voting system is used which uses a | 6 |
| ballot sheet,
the
instructions to voters on the ballot sheet | 7 |
| shall refer the voter to the
card of instructions for specific | 8 |
| information on write-in voting. Below
each office appearing on | 9 |
| such ballot sheet there shall be a provision for
the casting of | 10 |
| a write-in vote.
| 11 |
| (d) When such electronic system is used, there shall be | 12 |
| printed on the
back of each ballot card, each ballot card | 13 |
| envelope, and
the first page of the ballot label when a ballot | 14 |
| label is used, the
words "Official Ballot," followed by the | 15 |
| number of the
precinct or other precinct identification, which | 16 |
| may be stamped, in lieu
thereof and, as applicable, the number | 17 |
| and name of the township, ward
or other election district for | 18 |
| which the ballot card, ballot card
envelope, and ballot label | 19 |
| are prepared, the date of the election and a
facsimile of the | 20 |
| signature of the election authority who has caused the
ballots | 21 |
| to be printed. The back of the ballot card shall also include
a | 22 |
| method of identifying the ballot configuration such as a | 23 |
| listing of the
political subdivisions and districts for which | 24 |
| votes may be cast on that
ballot, or a number code identifying | 25 |
| the ballot configuration or color coded
ballots, except that | 26 |
| where there is only one ballot configuration in a
precinct, the | 27 |
| precinct identification, and any applicable ward
| 28 |
| identification, shall be sufficient. Ballot card envelopes | 29 |
| used in punch
card systems shall be of paper through which no | 30 |
| writing or punches may be
discerned and shall be of sufficient | 31 |
| length to enclose all voting
positions. However, the election | 32 |
| authority may provide
ballot card envelopes on which no | 33 |
| precinct number or township, ward or
other election district | 34 |
| designation, or election date are preprinted, if
space and a |
|
|
|
09400HB4173sam002 |
- 27 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| preprinted form are provided below the space provided for
the | 2 |
| names of write-in candidates where such information may be | 3 |
| entered
by the judges of election. Whenever an election | 4 |
| authority utilizes
ballot card envelopes on which the election | 5 |
| date and precinct is not
preprinted, a judge of election shall | 6 |
| mark such information for the
particular precinct and election | 7 |
| on the envelope in ink before tallying
and counting any | 8 |
| write-in vote written thereon.
If some method of insuring | 9 |
| ballot secrecy other than an envelope is used,
such information | 10 |
| must be provided on the ballot itself.
| 11 |
| (e) In the designation of the name of a candidate on the | 12 |
| ballot, the
candidate's given name or names, initial or | 13 |
| initials, a nickname by
which the candidate is commonly known, | 14 |
| or a combination thereof, may be
used in addition to the | 15 |
| candidate's surname. If a candidate has changed his or her | 16 |
| name, whether by a statutory or common law procedure in | 17 |
| Illinois or any other jurisdiction, within 3 years before the | 18 |
| last day for filing the petition or certificate for that | 19 |
| office, whichever is applicable, then the candidate's name on | 20 |
| the petition or certificate must be followed by "formerly known | 21 |
| as (list all prior names during the 3-year period) until name | 22 |
| changed on (list date of each such name change)", as declared | 23 |
| on the candidate's statement of candidacy; failure to meet this | 24 |
| requirement shall be grounds for denying certification of the | 25 |
| candidate's name for the ballot or removing the candidate's | 26 |
| name from the ballot, as appropriate, but this requirement does | 27 |
| not apply to name changes resulting from adoption to assume an | 28 |
| adoptive parent's or parents' surname, marriage to assume a | 29 |
| spouse's surname, or dissolution of marriage or declaration of | 30 |
| invalidity of marriage to assume a former surname. No other | 31 |
| designation such
as a political slogan, title, or degree or | 32 |
| nickname suggesting or
implying possession of a
title, degree | 33 |
| or professional status, or similar information may be used
in | 34 |
| connection with the candidate's surname , except that the title |
|
|
|
09400HB4173sam002 |
- 28 - |
LRB094 14863 JAM 57477 a |
|
| 1 |
| "Mrs."
may be used in the case of a married woman .
For purposes | 2 |
| of this Section, a "political slogan" is defined as any
word or | 3 |
| words expressing or connoting a position, opinion, or belief | 4 |
| that the
candidate may espouse, including but not limited to, | 5 |
| any word or words
conveying any meaning other than that of the | 6 |
| personal identity of the
candidate. A
candidate may not use a | 7 |
| political slogan as part of his or her name on the
ballot, | 8 |
| notwithstanding that the political slogan may be part of the
| 9 |
| candidate's name.
| 10 |
| (f) The State Board of Elections, a local election | 11 |
| official, or an
election
authority shall remove any candidate's | 12 |
| name designation from a ballot that is
inconsistent with | 13 |
| subsection (e) of this Section. In addition, the State Board
of | 14 |
| Elections, a local election official, or an election authority | 15 |
| shall not
certify to any election authority any candidate name | 16 |
| designation that is
inconsistent with subsection (e) of this | 17 |
| Section.
| 18 |
| (g) If the State Board of Elections, a local election | 19 |
| official, or an
election
authority removes a candidate's name | 20 |
| designation from a ballot under
subsection (f) of this Section, | 21 |
| then the aggrieved candidate may seek
appropriate relief in | 22 |
| circuit court.
| 23 |
| Where voting machines or electronic voting systems are | 24 |
| used, the
provisions of this Section may be modified as | 25 |
| required or authorized by
Article 24 or Article 24A, whichever | 26 |
| is applicable.
| 27 |
| Nothing in this Section shall prohibit election | 28 |
| authorities from using
or reusing ballot card envelopes which | 29 |
| were printed before the effective
date of this amendatory Act | 30 |
| of 1985.
| 31 |
| (Source: P.A. 92-178, eff. 1-1-02; 93-574, eff. 8-21-03.)".
|
|