Full Text of SB3568 98th General Assembly
SB3568 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3568 Introduced 2/14/2014, by Sen. Daniel Biss SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/7-2 | from Ch. 46, par. 7-2 | 10 ILCS 5/10-2 | from Ch. 46, par. 10-2 |
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Amends the Election Code. Provides that the classification as established political parties applies to the State and any congressional district, county, township, sanitary district, and judicial office. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 7-2 and 10-2 as follows:
| 6 | | (10 ILCS 5/7-2) (from Ch. 46, par. 7-2)
| 7 | | Sec. 7-2.
A political party, which at the general election | 8 | | for State and
county officers then next preceding a primary, | 9 | | polled more than 5% 5 per cent
of the entire vote cast in the | 10 | | State, is hereby declared to be a political
party within the | 11 | | State, and shall nominate all State, congressional, county, | 12 | | township, sanitary district, and judicial candidates provided | 13 | | for in
this Article 7 under the provisions hereof, and shall | 14 | | elect precinct,
township, ward and State central committeemen | 15 | | as herein provided.
| 16 | | A political party, which at the general election for State | 17 | | and county
officers then next preceding a primary, cast more | 18 | | than 5 per cent of the
entire vote cast within any | 19 | | congressional district, is hereby declared to
be a political | 20 | | party within the meaning of this Article, within such
| 21 | | congressional district, and shall nominate its candidate for | 22 | | Representative
in Congress, under the provisions hereof. A | 23 | | political party, which at the
general election for State and |
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| 1 | | county officers then next preceding a
primary, cast more than 5 | 2 | | per cent of the entire vote cast in any county,
is hereby | 3 | | declared to be a political party within the meaning of this
| 4 | | Article, within said county, and shall nominate all county | 5 | | officers in said
county under the provisions hereof, and shall | 6 | | elect precinct, township, and
ward committeemen, as herein | 7 | | provided;
| 8 | | A political party, which at the municipal election for | 9 | | city, village or
incorporated town officers then next preceding | 10 | | a primary, cast more than 5
per cent of the entire vote cast in | 11 | | any city or village, or incorporated
town is hereby declared to | 12 | | be a political party within the meaning of this
Article, within | 13 | | said city, village or incorporated town, and shall nominate
all | 14 | | city, village or incorporated town officers in said city or | 15 | | village or
incorporated town under the provisions hereof to the | 16 | | extent and in the
cases provided in Section 7-1.
| 17 | | A political party, which at the municipal election for town | 18 | | officers
then next preceding a primary, cast more than 5 per | 19 | | cent of the entire vote
cast in said town, is hereby declared | 20 | | to be a political party within the
meaning of this Article, | 21 | | within said town, and shall nominate all town
officers in said | 22 | | town under the provisions hereof to the extent and in the
cases | 23 | | provided in Section 7-1.
| 24 | | A political party, which at the municipal election in any | 25 | | other
municipality or political subdivision, (except townships | 26 | | and school
districts), for municipal or other officers therein |
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| 1 | | then next preceding a
primary, cast more than 5 per cent of the | 2 | | entire vote cast in such
municipality or political subdivision, | 3 | | is hereby declared to be a political
party within the meaning | 4 | | of this Article, within said municipality or
political | 5 | | subdivision, and shall nominate all municipal or other officers
| 6 | | therein under the provisions hereof to the extent and in the | 7 | | cases provided
in Section 7-1.
| 8 | | Provided, that no political organization or group shall be | 9 | | qualified as
a political party hereunder, or given a place on a | 10 | | ballot, which
organization or group is associated, directly or | 11 | | indirectly, with
Communist, Fascist, Nazi or other un-American | 12 | | principles and engages in
activities or propaganda designed to | 13 | | teach subservience to the political
principles and ideals of | 14 | | foreign nations or the overthrow by violence of
the established | 15 | | constitutional form of government of the United States and
the | 16 | | State of Illinois.
| 17 | | (Source: Laws 1943, vol. 2, p. 1 .)
| 18 | | (10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
| 19 | | Sec. 10-2.
The term "political party", as hereinafter used | 20 | | in this
Article 10, shall mean any "established political | 21 | | party", as hereinafter
defined and shall also mean any | 22 | | political group which shall hereafter
undertake to form an | 23 | | established political party in the manner provided
for in this | 24 | | Article 10: Provided, that no political organization or
group | 25 | | shall be qualified as a political party hereunder, or given a
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| 1 | | place on a ballot, which organization or group is associated, | 2 | | directly
or indirectly, with Communist, Fascist, Nazi or other | 3 | | un-American
principles and engages in activities or propaganda | 4 | | designed to teach
subservience to the political principles and | 5 | | ideals of foreign nations
or the overthrow by violence of the | 6 | | established constitutional form of
government of the United | 7 | | States and the State of Illinois.
| 8 | | A political party which, at the last general election for | 9 | | State and
county officers, polled for its candidate for | 10 | | Governor more than 5% of
the entire vote cast for Governor, is | 11 | | hereby declared to be an
"established political party" as to | 12 | | the State and any congressional district, county, township, | 13 | | sanitary district, and judicial office as to any district or
| 14 | | political subdivision thereof .
| 15 | | A political party which, at the last election in any | 16 | | congressional
district, legislative district, county, | 17 | | township, municipality or other
political subdivision or | 18 | | district in the State, polled more than 5% of
the entire vote | 19 | | cast within such territorial area or political
subdivision, as | 20 | | the case may be, has voted as a unit for the election of
| 21 | | officers to serve the respective territorial area of such | 22 | | district or
political subdivision, is hereby declared to be an | 23 | | "established
political party" within the meaning of this | 24 | | Article as to such district
or political subdivision.
| 25 | | Any group of persons hereafter desiring to form a new | 26 | | political party
throughout the State, or in any congressional, |
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| 1 | | legislative or judicial
district, or in any other district or | 2 | | in any political subdivision
(other than a municipality) not | 3 | | entirely within a single county, shall
file with the State | 4 | | Board of Elections a petition, as hereinafter
provided; and any | 5 | | such group of persons hereafter desiring to form a new
| 6 | | political party within any county shall file such petition with | 7 | | the
county clerk; and any such group of persons hereafter | 8 | | desiring to form a
new political party within any municipality | 9 | | or township or within any
district of a unit of local | 10 | | government other than a county shall file
such petition with | 11 | | the local election official or Board of Election
Commissioners | 12 | | of such municipality, township or other unit of local
| 13 | | government, as the case may be. Any such petition for the | 14 | | formation of a
new political party throughout the State, or in | 15 | | any such district or
political subdivision, as the case may be, | 16 | | shall declare as concisely as
may be the intention of the | 17 | | signers thereof to form such new political
party in the State, | 18 | | or in such district or political subdivision; shall
state in | 19 | | not more than 5 words the name of such new political party;
| 20 | | shall at the time of filing contain a complete list of | 21 | | candidates of
such party for all offices to be filled in the | 22 | | State, or such district
or political subdivision as the case | 23 | | may be, at the next ensuing
election then to be held; and, if | 24 | | such new political party shall be
formed for the entire State, | 25 | | shall be signed by 1% of the number of voters
who voted at the | 26 | | next preceding Statewide general election or 25,000
qualified |
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| 1 | | voters, whichever is less. If such new political party shall be
| 2 | | formed for any district
or political subdivision less than the | 3 | | entire State, such petition shall
be signed by qualified voters | 4 | | equaling in number not less than 5% of the
number of voters who | 5 | | voted at the next preceding regular election in
such district | 6 | | or political subdivision in which such district or
political | 7 | | subdivision voted as a unit for the election of officers to
| 8 | | serve its respective territorial area. However, whenever the | 9 | | minimum signature
requirement for a district or political | 10 | | subdivision new political
party petition shall exceed the | 11 | | minimum number of signatures for State-wide
new political party | 12 | | petitions at the next preceding State-wide general
election, | 13 | | such State-wide petition signature requirement shall be the
| 14 | | minimum for such district or political subdivision new | 15 | | political party petition.
| 16 | | For the first election following a redistricting of | 17 | | congressional districts,
a petition to form a new political | 18 | | party in a congressional district shall
be signed by at least | 19 | | 5,000 qualified voters of the congressional district.
For the | 20 | | first election following a redistricting of legislative | 21 | | districts,
a petition to form a new political party in a | 22 | | legislative district shall
be signed by at least 3,000 | 23 | | qualified voters of the legislative district.
For the first | 24 | | election following a redistricting of representative
| 25 | | districts, a petition to form a new political party in a | 26 | | representative
district shall be signed by at least 1,500 |
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| 1 | | qualified voters of the
representative district.
| 2 | | For the first election following redistricting of county | 3 | | board districts,
or of municipal wards or districts, or for the | 4 | | first election following
the initial establishment of such | 5 | | districts or wards in a county or
municipality, a petition to | 6 | | form a new political party in a county board
district or in a | 7 | | municipal ward or district shall be signed by qualified
voters | 8 | | of the district or ward equal to not less than 5% of the total
| 9 | | number of votes cast at the preceding general or municipal | 10 | | election, as the
case may be, for the county or municipal | 11 | | office voted on throughout the
county or municipality for which | 12 | | the greatest total number of votes were
cast for all | 13 | | candidates, divided by the number of districts or wards, but
in | 14 | | any event not less than 25 qualified voters of the district or | 15 | | ward.
| 16 | | In the case of a petition to form a new political party | 17 | | within a political
subdivision in which officers are to be | 18 | | elected from
districts and at-large, such petition shall | 19 | | consist
of separate components for each district from which an | 20 | | officer
is to be elected. Each component shall be circulated | 21 | | only within a
district of the political subdivision and signed | 22 | | only by qualified electors
who are residents of such district. | 23 | | Each sheet of such petition must
contain a complete list of the | 24 | | names of the candidates of the party for all
offices to be | 25 | | filled in the political subdivision at large, but the sheets
| 26 | | comprising each component shall also contain the names of those |
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| 1 | | candidates
to be elected from the particular district. Each | 2 | | component of the petition
for each district from which an | 3 | | officer is to be elected must be signed by
qualified voters of | 4 | | the district equalling in number not less than 5% of
the number | 5 | | of voters who voted at the next preceding regular election in
| 6 | | such district at which an officer was elected to serve the | 7 | | district. The
entire petition, including all components, must | 8 | | be signed by a total of
qualified voters of the entire | 9 | | political subdivision equalling in number
not less than 5% of | 10 | | the number of voters who voted at the next preceding
regular | 11 | | election in such political subdivision at which an officer was
| 12 | | elected to serve the political subdivision at large.
| 13 | | The filing of such petition shall constitute the political | 14 | | group a
new political party, for the purpose only of placing | 15 | | upon the ballot at
such next ensuing election such list or an | 16 | | adjusted list in accordance
with Section 10-11, of party | 17 | | candidates for offices to be voted for
throughout the State, or | 18 | | for offices to be voted for in such district or
political | 19 | | subdivision less than the State, as the case may be, under the
| 20 | | name of and as the candidates of such new political party.
| 21 | | If, at such ensuing election, the new political party's | 22 | | candidate for
Governor shall receive more than 5% of the entire | 23 | | votes cast for
Governor, then such new political party shall | 24 | | become an "established
political party" as to the State and any | 25 | | congressional district, county, township, sanitary district, | 26 | | and judicial office as to every district or political
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| 1 | | subdivision thereof . If, at such ensuing election, the other | 2 | | candidates
of the new political party, or any other candidate | 3 | | or candidates of the
new political party shall receive more | 4 | | than 5% of all the votes cast for
the office or offices for | 5 | | which they were candidates at such election,
in the State, or | 6 | | in any district or political subdivision, as the case
may be, | 7 | | then and in that event, such new political party shall become | 8 | | an
"established political party" within the State or within | 9 | | such district
or political subdivision less than the State, as | 10 | | the case may be, in
which such candidate or candidates received | 11 | | more than 5% of the votes
cast for the office or offices for | 12 | | which they were candidates. It shall
thereafter nominate its | 13 | | candidates for public offices to be filled in
the State, or | 14 | | such district or political subdivision, as the case may
be, | 15 | | under the provisions of the laws regulating the nomination of
| 16 | | candidates of established political parties at primary | 17 | | elections and
political party conventions, as now or hereafter | 18 | | in force.
| 19 | | A political party which continues to receive for its | 20 | | candidate for
Governor more than 5% of the entire vote cast for | 21 | | Governor, shall remain
an "established political party" as to | 22 | | the State and any congressional district, county, township, | 23 | | sanitary district, and judicial office as to every
district or | 24 | | political subdivision thereof . But if the political party's
| 25 | | candidate for Governor fails to receive more than 5% of the | 26 | | entire vote
cast for Governor, or if the political party does |
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| 1 | | not nominate a
candidate for Governor, the political party | 2 | | shall remain an "established
political party" within the State | 3 | | or within such district or political
subdivision less than the | 4 | | State, as the case may be, only so long as,
and only in those | 5 | | districts or political subdivisions in which, the
candidates of | 6 | | that political party, or any candidate or candidates of
that | 7 | | political party, continue to receive more than 5% of all the | 8 | | votes
cast for the office or offices for which they were | 9 | | candidates at
succeeding general or consolidated elections | 10 | | within the State or within
any district or political | 11 | | subdivision, as the case may be.
| 12 | | Any such petition shall be filed at the same time and shall | 13 | | be
subject to the same requirements and to the same provisions | 14 | | in respect
to objections thereto and to any hearing or hearings | 15 | | upon such
objections that are hereinafter in this Article 10 | 16 | | contained in regard
to the nomination of any other candidate or | 17 | | candidates by petition. If
any such new political party shall | 18 | | become an "established political
party" in the manner herein | 19 | | provided, the candidate or candidates of
such new political | 20 | | party nominated by the petition hereinabove referred
to for | 21 | | such initial election, shall have power to select any such | 22 | | party
committeeman or committeemen as shall be necessary for | 23 | | the creation of a
provisional party organization and | 24 | | provisional managing committee or
committees for such party | 25 | | within the State, or in any district or
political subdivision | 26 | | in which the new political party has become
established; and |
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| 1 | | the party committeeman or committeemen so selected
shall | 2 | | constitute a provisional party organization for the new | 3 | | political
party and shall have and exercise the powers | 4 | | conferred by law upon any
party committeeman or committeemen to | 5 | | manage and control the affairs of
such new political party | 6 | | until the next ensuing primary election at
which the new | 7 | | political party shall be entitled to nominate and elect
any | 8 | | party committeeman or committeemen in the State, or in such | 9 | | district
or political subdivision under any parts of this Act | 10 | | relating to the
organization of political parties.
| 11 | | A candidate for whom a nomination paper has been filed as a | 12 | | partisan
candidate at a primary election, and who is defeated | 13 | | for his or her
nomination at the primary election, is | 14 | | ineligible for nomination as a
candidate of a new political | 15 | | party for election in that general election.
| 16 | | (Source: P.A. 86-875.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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