Full Text of HB4808 100th General Assembly
HB4808 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4808 Introduced , by Rep. Mike Fortner SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/7-59 | from Ch. 46, par. 7-59 | 10 ILCS 5/17-16.1 | from Ch. 46, par. 17-16.1 | 10 ILCS 5/18-9.1 | from Ch. 46, par. 18-9.1 |
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Amends the Election Code. Provides that write-in votes shall be counted only for persons who have filed notarized declarations of intent to be write-in candidates with the proper election authority, authorities, or State Board of Elections no earlier than 120 days prior to the primary or general election, but no later than 70 (rather than 61) days prior to the primary or general election. Provides that declarations of intent to be a write-in candidate shall include specified information. Provides that declarations of intent to be a write-in candidate that do not include the specified information shall not be accepted. Provides that persons intending to become write-in candidates for the Offices of President and Vice President or Governor and Lieutenant Governor shall file one joint declaration of intent to be a write-in candidate with the State Board of Elections. Makes conforming changes. 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 7-59, 17-16.1, and 18-9.1 as follows:
| 6 | | (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
| 7 | | Sec. 7-59. (a) The person receiving the highest number of | 8 | | votes at a
primary as a candidate of a party for the nomination | 9 | | for an office shall
be the candidate of that party for such | 10 | | office, and his name as such
candidate shall be placed on the | 11 | | official ballot at the election then
next ensuing; provided, | 12 | | that where there are two or more persons to be
nominated for | 13 | | the same office or board, the requisite number of persons
| 14 | | receiving the highest number of votes shall be nominated and | 15 | | their names
shall be placed on the official ballot at the | 16 | | following election.
| 17 | | Except as otherwise provided by Section 7-8 of this Act, | 18 | | the
person receiving the highest number of votes of his party | 19 | | for
State central committeeman of his congressional district | 20 | | shall be
declared elected State central committeeman from said | 21 | | congressional
district.
| 22 | | Unless a national political party specifies that delegates | 23 | | and
alternate delegates to a National nominating convention be |
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| 1 | | allocated by
proportional selection representation according | 2 | | to the results of a
Presidential preference primary, the | 3 | | requisite number of persons
receiving the highest number of | 4 | | votes of their party for delegates and
alternate delegates to | 5 | | National nominating conventions from the State at
large, and | 6 | | the requisite number of persons receiving the highest number of
| 7 | | votes of their party for delegates and alternate delegates to | 8 | | National
nominating conventions in their respective | 9 | | congressional districts shall be
declared elected delegates | 10 | | and alternate delegates to the National
nominating conventions | 11 | | of their party.
| 12 | | A political party which elects the members to its State | 13 | | Central Committee
by Alternative B under paragraph (a) of | 14 | | Section 7-8 shall select its
congressional district delegates | 15 | | and alternate delegates to its national
nominating convention | 16 | | by proportional selection representation according to
the | 17 | | results of a Presidential preference primary in each | 18 | | congressional
district in the manner provided by the rules of | 19 | | the national political
party and the State Central Committee, | 20 | | when the rules and policies of the
national political party so | 21 | | require.
| 22 | | A political party which elects the members to its State | 23 | | Central Committee
by Alternative B under paragraph (a) of | 24 | | Section 7-8 shall select its
at large delegates and alternate | 25 | | delegates to its national
nominating convention by | 26 | | proportional selection representation according to
the results |
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| 1 | | of a Presidential preference primary in the whole State in the
| 2 | | manner provided by the rules of the national political party | 3 | | and the State
Central Committee, when the rules and policies of | 4 | | the national political
party so require.
| 5 | | The person receiving the highest number of votes of his | 6 | | party for
precinct committeeman of his precinct shall be | 7 | | declared elected precinct
committeeman from said precinct.
| 8 | | The person receiving the highest number of votes of his | 9 | | party for
township committeeman of his township or part of a | 10 | | township as the case
may be, shall be declared elected township | 11 | | committeeman from said
township or part of a township as the | 12 | | case may be. In cities where ward
committeemen are elected, the | 13 | | person receiving the highest number of
votes of his party for | 14 | | ward committeeman of his ward shall be declared
elected ward | 15 | | committeeman from said ward.
| 16 | | When two or more persons receive an equal and the highest | 17 | | number of
votes for the nomination for the same office or for | 18 | | committeeman of the
same political party, or where more than | 19 | | one person of the same
political party is to be nominated as a | 20 | | candidate for office or
committeeman, if it appears that more | 21 | | than the number of persons to be
nominated for an office or | 22 | | elected committeeman have the highest and an
equal number of | 23 | | votes for the nomination for the same office or for
election as | 24 | | committeeman, the election authority by which the returns of | 25 | | the primary
are canvassed shall decide by lot which of said | 26 | | persons shall be
nominated or elected, as the case may be. In |
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| 1 | | such case the election authority shall issue notice in writing | 2 | | to such persons of such tie vote
stating therein the place, the | 3 | | day (which shall not be more than 5 days thereafter) and the | 4 | | hour when such nomination or election shall
be so determined.
| 5 | | (b) Write-in votes shall be counted only for persons who | 6 | | have filed
notarized declarations of intent to be write-in | 7 | | candidates with the proper
election authority , or authorities , | 8 | | or State Board of Elections no earlier than 120 days prior to | 9 | | the primary, but no not later than 70 61 days prior to
the | 10 | | primary. However, whenever an objection to a candidate's | 11 | | nominating papers or petitions for any office is sustained | 12 | | under Section 10-10 after the 70th 61st day before the | 13 | | election, then write-in votes shall be counted for that | 14 | | candidate if he or she has filed a notarized declaration of | 15 | | intent to be a write-in candidate for that office with the | 16 | | proper election authority , or authorities , or State Board of | 17 | | Elections not later than 7 days prior to the election.
| 18 | | Forms for the declaration of intent to be a write-in | 19 | | candidate shall be
supplied by the election authorities or the | 20 | | State Board of Elections . Declarations of intent to be a | 21 | | write-in candidate shall include: (A) the name and address of | 22 | | the person intending to become a write-in candidate; (B) the | 23 | | office sought; (C) the date of election; and (D) the notarized | 24 | | signature of the candidate or candidates. Declarations of | 25 | | intent to be a write-in candidate that do not include items (A) | 26 | | through (D) shall not be accepted. Such declaration shall |
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| 1 | | specify the
office for which the person seeks nomination or | 2 | | election as a write-in
candidate.
| 3 | | Persons intending to become write-in candidates for the | 4 | | Offices of Governor and Lieutenant Governor shall file one | 5 | | joint declaration of intent to be a write-in candidate with the | 6 | | State Board of Elections. | 7 | | The election authority or authorities shall deliver a list | 8 | | of all persons
who have filed such declarations to the election | 9 | | judges in the appropriate
precincts prior to the primary.
| 10 | | (c) (1) Notwithstanding any other provisions of this | 11 | | Section, where
the number of candidates whose names have been | 12 | | printed on a party's
ballot for nomination for or election to | 13 | | an office at a primary is less
than the number of persons the | 14 | | party is entitled to nominate for or elect
to the office at the | 15 | | primary, a person whose name was not printed on the
party's | 16 | | primary ballot as a candidate for nomination for or election to | 17 | | the
office, is not nominated for or elected to that office as a | 18 | | result of a
write-in vote at the primary unless the number of | 19 | | votes he received equals
or exceeds the number of signatures | 20 | | required on a petition for nomination
for that office; or | 21 | | unless the number of votes he receives exceeds the
number of | 22 | | votes received by at least one of the candidates whose names | 23 | | were
printed on the primary ballot for nomination for or | 24 | | election to the same
office.
| 25 | | (2) Paragraph (1) of this subsection does not apply where | 26 | | the number
of candidates whose names have been printed on the |
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| 1 | | party's ballot for
nomination for or election to the office at | 2 | | the primary equals or exceeds
the number of persons the party | 3 | | is entitled to nominate for or elect to the
office at the | 4 | | primary.
| 5 | | (Source: P.A. 94-647, eff. 1-1-06; 95-699, eff. 11-9-07.)
| 6 | | (10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
| 7 | | Sec. 17-16.1. Write-in votes shall be counted only for | 8 | | persons who have
filed notarized declarations of intent to be | 9 | | write-in candidates with
the proper election authority , or | 10 | | authorities , or State Board of Elections no earlier than 120 | 11 | | days prior to the election, but no not later than 70 61 days | 12 | | prior to
the election. However, whenever an objection to a | 13 | | candidate's nominating papers or petitions for any office is | 14 | | sustained under Section 10-10 after the 70th 61st day before | 15 | | the election, then write-in votes shall be counted for that | 16 | | candidate if he or she has filed a notarized declaration of | 17 | | intent to be a write-in candidate for that office with the | 18 | | proper election authority , or authorities , or State Board of | 19 | | Elections not later than 7 days prior to the election.
| 20 | | Forms for the declaration of intent to be a write-in | 21 | | candidate shall
be supplied by the election authorities or the | 22 | | State Board of Elections . Declarations of intent to be a | 23 | | write-in candidate shall include: (A) the name and address of | 24 | | the person intending to become a write-in candidate; (B) the | 25 | | office sought; (C) the date of election; and (D) the notarized |
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| 1 | | signature of the candidate or candidates. Declarations of | 2 | | intent to be a write-in candidate that do not include items (A) | 3 | | through (D) shall not be accepted. Such declaration shall | 4 | | specify
the office for which the person seeks election as a | 5 | | write-in candidate.
| 6 | | Persons intending to become write-in candidates for the | 7 | | Offices of President and Vice President or Governor and | 8 | | Lieutenant Governor shall file one joint declaration of intent | 9 | | to be a write-in candidate with the State Board of Elections. | 10 | | Votes cast for either candidate shall constitute a valid | 11 | | write-in vote for the slate of candidates. | 12 | | The election authority or authorities shall deliver a list | 13 | | of all persons
who have filed such declarations to the election | 14 | | judges in the appropriate
precincts prior to the election.
| 15 | | A candidate for whom a nomination paper has been filed as a | 16 | | partisan
candidate at a primary election, and who is defeated | 17 | | for his or her
nomination at the primary election is ineligible | 18 | | to file a declaration of
intent to be a write-in candidate for | 19 | | election in that general or consolidated
election.
| 20 | | A candidate seeking election to an office for which | 21 | | candidates of
political parties are nominated by caucus who is | 22 | | a participant in the
caucus and who is defeated for his or her | 23 | | nomination at such caucus is
ineligible to file a declaration | 24 | | of intent to be a write-in candidate for
election in that | 25 | | general or consolidated election.
| 26 | | A candidate seeking election to an office for which |
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| 1 | | candidates are
nominated at a primary election on a nonpartisan | 2 | | basis and who is defeated
for his or her nomination at the | 3 | | primary election is ineligible to file a
declaration of intent | 4 | | to be a write-in candidate for election in that
general or | 5 | | consolidated election.
| 6 | | Nothing in this Section shall be construed to apply to | 7 | | votes
cast under the provisions of subsection (b) of Section | 8 | | 16-5.01.
| 9 | | (Source: P.A. 95-699, eff. 11-9-07.)
| 10 | | (10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
| 11 | | Sec. 18-9.1. Write-in votes shall be counted only for | 12 | | persons who have
filed notarized declarations of intent to be | 13 | | write-in candidates with
the proper election authority , or | 14 | | authorities , or State Board of Elections no earlier than 120 | 15 | | days prior to the election, but no not later than 70 61 days | 16 | | prior to
the election. However, whenever an objection to a | 17 | | candidate's nominating papers or petitions is sustained under | 18 | | Section 10-10 after the 70th 61st day before the election, then | 19 | | write-in votes shall be counted for that candidate if he or she | 20 | | has filed a notarized declaration of intent to be a write-in | 21 | | candidate for that office with the proper election authority , | 22 | | or authorities , or State Board of Elections not later than 7 | 23 | | days prior to the election.
| 24 | | Forms for the declaration of intent to be a write-in | 25 | | candidate shall
be supplied by the election authorities or the |
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| 1 | | State Board of Elections . Declarations of intent to be a | 2 | | write-in candidate shall include: (A) the name and address of | 3 | | the person intending to become a write-in candidate; (B) the | 4 | | office sought; (C) the date of election; and (D) the notarized | 5 | | signature of the candidate or candidates. Declarations of | 6 | | intent to be a write-in candidate that do not include items (A) | 7 | | through (D) shall not be accepted. Such declaration shall | 8 | | specify
the office for which the person seeks election as a | 9 | | write-in candidate.
| 10 | | Persons intending to become write-in candidates for the | 11 | | Offices of President and Vice President or Governor and | 12 | | Lieutenant Governor shall file one joint declaration of intent | 13 | | to be a write-in candidate with the State Board of Elections. | 14 | | Votes cast for either candidate shall constitute a valid | 15 | | write-in vote for the slate of candidates. | 16 | | The election authority or authorities shall deliver a list | 17 | | of all persons
who have filed such declarations to the election | 18 | | judges in the appropriate
precincts prior to the election.
| 19 | | A candidate for whom a nomination paper has been filed as a | 20 | | partisan
candidate at a primary election, and who is defeated | 21 | | for his or her
nomination at the primary election, is | 22 | | ineligible to file a declaration of
intent to be a write-in | 23 | | candidate for election in that general or
consolidated | 24 | | election.
| 25 | | A candidate seeking election to an office for which | 26 | | candidates of
political parties are nominated by caucus who is |
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| 1 | | a participant in the
caucus and who is defeated for his or her | 2 | | nomination at such caucus is
ineligible to file a declaration | 3 | | of intent to be a write-in candidate for
election in that | 4 | | general or consolidated election.
| 5 | | A candidate seeking election to an office for which | 6 | | candidates are
nominated at a primary election on a nonpartisan | 7 | | basis and who is defeated
for his or her nomination at the | 8 | | primary election is ineligible to file a
declaration of intent | 9 | | to be a write-in candidate for election in that
general or | 10 | | consolidated election.
| 11 | | Nothing in this Section shall be construed to apply to | 12 | | votes
cast under the provisions of subsection (b) of Section | 13 | | 16-5.01.
| 14 | | (Source: P.A. 95-699, eff. 11-9-07.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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