Full Text of SB0080 96th General Assembly
SB0080ham002 96TH GENERAL ASSEMBLY
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Rep. Eddie Washington
Filed: 5/28/2009
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LRB096 03305 JAM 27612 a |
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| AMENDMENT TO SENATE BILL 80
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| AMENDMENT NO. ______. Amend Senate Bill 80, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Election Code is amended by changing | 6 |
| Section 10-3 as follows:
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| (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
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| Sec. 10-3. Nomination of independent candidates (not | 9 |
| candidates of
any political party), for any office to be filled | 10 |
| by the voters of the
State at large may also be made by | 11 |
| nomination papers signed in the
aggregate for each candidate by | 12 |
| 1% of the number of voters who voted in
the next preceding | 13 |
| Statewide general election or 25,000 qualified voters
of the | 14 |
| State, whichever is less. Nominations of independent | 15 |
| candidates
for public office within any district or political | 16 |
| subdivision less than
the State, except independent candidates |
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| for offices to be elected pursuant to the Illinois Municipal | 2 |
| Code, may be made by nomination papers signed in the aggregate | 3 |
| for
each candidate by qualified voters of such district, or | 4 |
| political
subdivision, equaling not less than 5%, nor more than | 5 |
| 8% (or 50 more
than the minimum, whichever is greater) of the | 6 |
| number of persons, who
voted at the next preceding regular | 7 |
| election in such district or
political subdivision in which | 8 |
| such district or political subdivision
voted as a unit for the | 9 |
| election of officers to serve its respective
territorial area. | 10 |
| Nominations of independent candidates for offices to be elected | 11 |
| pursuant to the Illinois Municipal Code may be made by | 12 |
| nomination papers signed in the aggregate for each candidate by | 13 |
| qualified voters of the municipality or municipal subdivision | 14 |
| equaling not less than 5% of the number of persons who voted at | 15 |
| the next preceding consolidated election at which the voters of | 16 |
| that municipality or municipal subdivision elected its | 17 |
| officers. However, whenever the minimum
signature requirement | 18 |
| for an independent candidate petition for a
district or | 19 |
| political subdivision office shall exceed the minimum number
of | 20 |
| signatures for an independent candidate petition for an office | 21 |
| to be
filled by the voters of the State at large at the next | 22 |
| preceding
State-wide general election, such State-wide | 23 |
| petition signature
requirement shall be the minimum for an | 24 |
| independent candidate petition
for such district or political | 25 |
| subdivision office. For the first
election following a | 26 |
| redistricting of congressional districts,
nomination papers |
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| for an independent candidate for congressman shall be
signed by | 2 |
| at least 5,000 qualified voters of the congressional district.
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| For the first election following a redistricting of legislative
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| districts, nomination papers for an independent candidate for | 5 |
| State
Senator in the General Assembly shall be signed by at
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| least 3,000 qualified voters of the legislative district. For | 7 |
| the first
election following a redistricting of representative | 8 |
| districts, nomination
papers for an independent candidate for | 9 |
| State Representative in the General
Assembly shall be signed by | 10 |
| at least 1,500 qualified voters of the
representative district. | 11 |
| For the first election following redistricting of
county board | 12 |
| districts, or of municipal wards or districts, or for the
first | 13 |
| election following the initial establishment of such districts | 14 |
| or
wards in a county or municipality, nomination papers
for an | 15 |
| independent candidate for county board member, or for alderman | 16 |
| or
trustee of such municipality, shall be signed by qualified | 17 |
| voters of the
district or ward equal to not less than 5% nor | 18 |
| more than 8% (or 50 more
than the minimum, whichever is | 19 |
| greater) of the total number of votes cast
at the preceding | 20 |
| general or general municipal election, as the case
may be, for | 21 |
| the county or municipal office voted on throughout such county
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| or municipality for which the greatest total number of votes | 23 |
| were cast for
all candidates, divided by the number of | 24 |
| districts or wards, but in any
event not less than 25 qualified | 25 |
| voters of the district or ward. Each voter
signing a nomination | 26 |
| paper shall add to his signature his place of
residence, and |
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| each voter may subscribe to one nomination for such
office to | 2 |
| be filled, and no more: Provided that the name of any
candidate | 3 |
| whose name may appear in any other place upon the ballot shall
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| not be so added by petition for the same office.
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| The person circulating the petition, or the candidate on | 6 |
| whose behalf
the petition is circulated, may strike any | 7 |
| signature from the petition,
provided that;
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| (1) the person striking the signature shall initial the | 9 |
| petition at
the place where the signature is struck; and
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| (2) the person striking the signature shall sign a | 11 |
| certification
listing the page number and line number of | 12 |
| each signature struck from
the petition. Such | 13 |
| certification shall be filed as a part of the
petition.
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| (3) the persons striking signatures from the petition | 15 |
| shall each
sign an additional certificate specifying the | 16 |
| number of certification
pages listing stricken signatures | 17 |
| which are attached to the petition and
the page numbers | 18 |
| indicated on such certifications. The certificate
shall be | 19 |
| filed as a part of the petition, shall be numbered, and | 20 |
| shall
be attached immediately following the last page of | 21 |
| voters' signatures
and before the certifications of | 22 |
| stricken signatures.
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| (4) all of the foregoing requirements shall be | 24 |
| necessary to effect a
valid striking of any signature. The | 25 |
| provisions of this Section
authorizing the striking of | 26 |
| signatures shall not impose any criminal
liability on any |
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| person so authorized for signatures which may be
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| fraudulent.
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| In the case of the offices of Governor and Lieutenant | 4 |
| Governor a
joint petition including one candidate for each of | 5 |
| those offices must be
filed.
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| A candidate for whom a nomination paper has been filed as a | 7 |
| partisan
candidate at a primary election, and who is defeated | 8 |
| for his or her
nomination at the primary election, is | 9 |
| ineligible to be placed on the
ballot as an independent | 10 |
| candidate for election in that general or
consolidated | 11 |
| election.
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| A candidate seeking election to an office for which | 13 |
| candidates of
political parties are nominated by caucus who is | 14 |
| a participant in the
caucus and who is defeated for his or
her | 15 |
| nomination at such caucus, is ineligible to be listed on the | 16 |
| ballot at
that general or consolidated election as an | 17 |
| independent candidate.
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| (Source: P.A. 95-699, eff. 11-9-07.)
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| Section 10. The Illinois Municipal Code is amended by | 20 |
| adding Section 3.1-15-45 as follows: | 21 |
| (65 ILCS 5/3.1-15-45 new) | 22 |
| Sec. 3.1-15-45. Maximum nomination petition signature | 23 |
| requirement. On and after the effective date of this amendatory | 24 |
| Act of the 96th General Assembly, any maximum signature |
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| requirement established under this Code for the nomination | 2 |
| petition of a candidate for any office to be elected under this | 3 |
| Code is invalid and unenforceable, notwithstanding any | 4 |
| provision of this Code to the contrary. ".
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