Illinois General Assembly - Full Text of HB4173
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Full Text of HB4173  94th General Assembly

HB4173sam002 94TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 3/22/2006

 

 


 

 


 
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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,

 

 

 

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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    NameOfficeAddress
7John JonesGovernorBelvidere, Ill.
8Thomas SmithAttorney GeneralOakland, 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;

 

 

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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

 

 

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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

 

 

 

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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
14NameAddressOfficeDistrictParty
15John Jones102 Main St.GovernorStatewideRepublican
16Belvidere,
17Illinois
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;

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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:

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.)".