| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/10-8
(10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
Sec. 10-8.
Except as otherwise provided in this Code, certificates of nomination and nomination papers, and
petitions to submit public questions to a referendum, being filed as
required by this Code, and being in apparent conformity with the
provisions of this Act, shall be deemed to be valid unless objection
thereto is duly made in writing within 5 business days after the last day for
filing the certificate of nomination or nomination papers or petition
for a public question, with the following exceptions:
A. In the case of petitions to amend Article IV of | | the Constitution of the State of Illinois, there shall be a period of 35 business days after the last day for the filing of such petitions in which objections can be filed.
|
|
B. In the case of petitions for advisory questions
| | of public policy to be submitted to the voters of the entire State, there shall be a period of 35 business days after the last day for the filing of such petitions in which objections can be filed.
|
|
Any legal voter of the political subdivision or district in which the
candidate or public question is to be voted on, or any legal voter in
the State in the case of a proposed amendment to Article IV of the
Constitution or an advisory public question to be submitted to the
voters of the entire State, having objections to any certificate of nomination
or nomination papers or petitions filed, shall file an objector's petition
together with 2 copies thereof in the principal office or the permanent branch
office of the State Board of Elections, or in the office of the election
authority or local election official with whom the certificate of
nomination, nomination papers or petitions are on file. Objection petitions that do not include 2 copies thereof, shall not be accepted.
In the case of nomination papers or certificates of nomination,
the State Board of Elections, election authority or local election official
shall note the day and hour upon which such objector's
petition is filed, and shall, not later than 12:00
noon on the second business day after receipt of the
petition, transmit by registered mail or receipted
personal delivery the certificate of nomination or nomination papers and
the original objector's petition to the chair of the proper electoral
board designated in Section 10-9 hereof, or his authorized agent, and
shall transmit a copy by registered mail or receipted personal delivery
of the objector's petition, to the candidate whose certificate of nomination
or nomination papers are objected to, addressed to the place of residence
designated in said certificate of nomination or nomination papers. In the
case of objections to a petition for a proposed amendment to Article IV of
the Constitution or for an advisory public question to be submitted to the
voters of the entire State, the State Board of Elections shall note the day
and hour upon which such objector's petition is filed and shall transmit a
copy of the objector's petition by registered mail or receipted personal
delivery to the person designated on a certificate attached to the petition
as the principal proponent of such proposed amendment or public question,
or as the proponents' attorney, for the purpose of receiving notice of
objections. In the case of objections to a petition for a public question,
to be submitted to the voters of a political subdivision, or district
thereof, the election authority or local election official with whom such
petition is filed shall note the day and hour upon which such
objector's petition was filed, and shall, not later than 12:00 noon on the
second business day after receipt of the petition,
transmit by registered mail or receipted personal delivery
the petition for the public question and the original objector's petition
to the chair of the proper electoral board designated in Section 10-9
hereof, or his authorized agent, and shall transmit a copy by
registered mail or receipted personal delivery, of the objector's petition
to the person designated on a certificate attached to the petition as the
principal proponent of the public question, or as the proponent's attorney,
for the purposes of receiving notice of objections.
The objector's petition shall give the objector's name and residence
address, and shall state fully the nature of the objections to the
certificate of nomination or nomination papers or petitions in question,
and shall state the interest of the objector and shall state what relief
is requested of the electoral board.
The provisions of this Section and of Sections 10-9, 10-10 and
10-10.1 shall also apply to and govern objections to petitions for
nomination filed under Article 7 or Article 8, except as otherwise
provided in Section 7-13 for cases to which it is applicable, and also
apply to and govern petitions for the submission of public questions under
Article 28.
(Source: P.A. 102-15, eff. 6-17-21.)
|
10 ILCS 5/10-9
(10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
Sec. 10-9. The following electoral boards are designated for the
purpose of hearing and passing upon the objector's petition described in
Section 10-8.
1. The State Board of Elections will hear and pass | | upon objections to the nominations of candidates for State offices, nominations of candidates for congressional or legislative offices that are in more than one county or are wholly located within a single county with a population of less than 3,000,000 and judicial offices of districts, subcircuits, or circuits situated in more than one county, nominations of candidates for the offices of State's attorney or regional superintendent of schools to be elected from more than one county, and petitions for proposed amendments to the Constitution of the State of Illinois as provided for in Section 3 of Article XIV of the Constitution.
|
|
2. The county officers electoral board of a county
| | with a population of less than 3,000,000 to hear and pass upon objections to the nominations of candidates for county offices and judicial offices of a district, subcircuit, or circuit coterminous with or less than a county, for any school district offices, for the office of multi-township assessor where candidates for such office are nominated in accordance with this Code, and for all special district offices, shall be composed of the county clerk, or an assistant designated by the county clerk, the State's attorney of the county or an Assistant State's Attorney designated by the State's Attorney, and the clerk of the circuit court, or an assistant designated by the clerk of the circuit court, of the county, of whom the county clerk or his designee shall be the chair, except that in any county which has established a county board of election commissioners that board shall constitute the county officers electoral board ex-officio. If a school district is located in 2 or more counties, the county officers electoral board of the county in which the principal office of the school district is located shall hear and pass upon objections to nominations of candidates for school district office in that school district.
|
|
2.5. The county officers electoral board of a
| | county with a population of 3,000,000 or more to hear and pass upon objections to the nominations of candidates for county offices, candidates for congressional offices and representatives in the General Assembly if the district is wholly within a county with a population of 3,000,000 or more, unless the district is wholly or partially within the jurisdiction of a municipal board of election commissioners, and judicial offices of a district, subcircuit, or circuit coterminous with or less than a county, for any school district offices, for the office of multi-township assessor where candidates for such office are nominated in accordance with this Code, for all special district offices, and for candidates for the Senate, shall be composed of the county clerk, or an assistant designated by the county clerk, the State's Attorney of the county or an Assistant State's Attorney designated by the State's Attorney, and the clerk of the circuit court, or an assistant designated by the clerk of the circuit court, of the county, of whom the county clerk or his designee shall be the chair, except that, in any county which has established a county board of election commissioners, that board shall constitute the county officers electoral board ex-officio. If a school district is located in 2 or more counties, the county officers electoral board of the county in which the principal office of the school district is located shall hear and pass upon objections to nominations of candidates for school district office in that school district.
|
| 3. The municipal officers electoral board to hear and
| | pass upon objections to the nominations of candidates for officers of municipalities shall be composed of the mayor or president of the board of trustees of the city, village or incorporated town, and the city, village or incorporated town clerk, and one member of the city council or board of trustees, that member being designated who is eligible to serve on the electoral board and has served the greatest number of years as a member of the city council or board of trustees, of whom the mayor or president of the board of trustees shall be the chair.
|
|
4. The township officers electoral board to pass upon
| | objections to the nominations of township officers shall be composed of the township supervisor, the town clerk, and that eligible town trustee elected in the township who has had the longest term of continuous service as town trustee, of whom the township supervisor shall be the chair.
|
|
5. The education officers electoral board to hear and
| | pass upon objections to the nominations of candidates for offices in community college districts shall be composed of the presiding officer of the community college district board, who shall be the chair, the secretary of the community college district board and the eligible elected community college board member who has the longest term of continuous service as a board member.
|
|
6. In all cases, however, where the Congressional,
| | Legislative, or Representative district is wholly or partially within the jurisdiction of a single municipal board of election commissioners in Cook County and in all cases where the school district or special district is wholly within the jurisdiction of a municipal board of election commissioners and in all cases where the municipality or township is wholly or partially within the jurisdiction of a municipal board of election commissioners, the board of election commissioners shall ex-officio constitute the electoral board.
|
|
For special districts situated in more than one county, the county officers
electoral board of the county in which the principal office of the district
is located has jurisdiction to hear and pass upon objections. For purposes
of this Section, "special districts" means all political subdivisions other
than counties, municipalities, townships and school and community college
districts.
In the event that any member of the appropriate board is a candidate
for the office with relation to which the objector's petition is filed,
he shall not be eligible to serve on that board and shall not act as
a member of the board and his place shall be filled as follows:
a. In the county officers electoral board by the
| | county treasurer, and if he or she is ineligible to serve, by the sheriff of the county.
|
|
b. In the municipal officers electoral board by the
| | eligible elected city council or board of trustees member who has served the second greatest number of years as a city council or board of trustees member.
|
|
c. In the township officers electoral board by the
| | eligible elected town trustee who has had the second longest term of continuous service as a town trustee.
|
|
d. In the education officers electoral board by the
| | eligible elected community college district board member who has had the second longest term of continuous service as a board member.
|
|
In the event that the chair of the electoral board is ineligible
to act because of the fact that he or she is a candidate for the office with
relation to which the objector's petition is filed, then the substitute
chosen under the provisions of this Section shall be the chair; In
this case, the officer or board with whom the objector's petition is
filed, shall transmit the certificate of nomination or nomination papers
as the case may be, and the objector's petition to the substitute chair
of the electoral board.
When 2 or more eligible individuals, by reason of their terms of service
on a city council or board of trustees, township board of
trustees, or community college district board, qualify to serve
on an electoral board, the one to serve shall be chosen by lot.
Any vacancies on an electoral board not otherwise filled pursuant to this
Section shall be filled by public members appointed by the Chief Judge of
the Circuit Court for the county wherein the electoral board hearing is
being held upon notification to the Chief Judge of such
vacancies. The Chief Judge shall be so notified by a member of the electoral
board or the officer or board with whom the objector's petition was filed.
In the event that none of the individuals designated by this Section to
serve on the electoral board are eligible, the chair of an electoral
board shall be designated by the Chief Judge.
(Source: P.A. 103-467, eff. 8-4-23.)
|
10 ILCS 5/10-10
(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
Sec. 10-10. Within 24 hours after the receipt of the certificate of
nomination or nomination papers or proposed question of public
policy, as the case may be, and the objector's petition, the chair
of the electoral board other than the State Board of Elections shall
send a call by registered or certified mail: to each of the members of the
electoral board; to the objector who filed the objector's petition;
either to the candidate whose certificate of nomination or nomination
papers are objected to or to the principal proponent or attorney for
proponents of a question of public policy, as the case may be, whose
petitions are objected to; to the election authority to whom the ballot is certified; and to the appropriate county clerk. The chair
of the electoral board other than the State Board of Elections shall also cause the sheriff of the county
or counties in which such officers and persons reside to serve a copy of
such call upon each of such officers and persons, which call shall set out
the fact that the electoral board is required to meet to hear and pass upon
the objections to nominations made for the office, designating it, and
shall state the day, hour and place at which the electoral board shall meet
for the purpose, which place shall be in the
county court house in the county in the case of the County Officers
Electoral Board, the Municipal Officers Electoral Board, the Township
Officers Electoral Board or the Education Officers Electoral Board, except that the Municipal Officers Electoral Board, the Township Officers Electoral Board, and the Education Officers Electoral Board may meet at the location where the governing body of the municipality, township, or community college district, respectively, holds its regularly scheduled meetings, if that location is available; provided that voter records may be removed from the offices of an election authority only at the discretion and under the supervision of the election authority.
In
those cases where the State Board of Elections is the electoral board
designated under Section 10-9, the chair of the State Board of Elections
shall, within 24 hours after the receipt of the certificate of nomination
or nomination papers or petitions for a proposed amendment to Article IV of
the Constitution or proposed statewide question of public policy, send a
call by registered or certified mail to the objector who files the
objector's petition, and either to the candidate whose certificate of
nomination or nomination papers are objected to or to the principal
proponent or attorney for proponents of the proposed Constitutional
amendment or statewide question of public policy and shall state the day,
hour, and place at which the electoral board shall meet for the purpose,
which place may be in the Capitol Building or in the principal or permanent
branch office of the State Board. The day of the meeting shall not be less
than 3 nor more than 5 days after the receipt of the certificate of
nomination or nomination papers and the objector's petition by the chair
of the electoral board.
The electoral board shall have the power to administer oaths and to
subpoena and examine witnesses and, at the request of either party and only upon a vote by a majority of its members, may authorize the chair
to issue subpoenas requiring the attendance of witnesses and
subpoenas duces tecum requiring the production of such books, papers,
records and documents as may be evidence of any matter under inquiry
before the electoral board, in the same manner as witnesses are
subpoenaed in the Circuit Court.
Service of such subpoenas shall be made by any sheriff or other
person in the same manner as in cases in such court and the fees of such
sheriff shall be the same as is provided by law, and shall be paid by
the objector or candidate who causes the issuance of the subpoena. In
case any person so served shall knowingly neglect or refuse to obey any
such subpoena, or to testify, the electoral board shall at once file a
petition in the circuit court of the county in which such hearing is to
be heard, or has been attempted to be heard, setting forth the facts, of
such knowing refusal or neglect, and accompanying the petition with a
copy of the citation and the answer, if one has been filed, together
with a copy of the subpoena and the return of service thereon, and shall
apply for an order of court requiring such person to attend and testify,
and forthwith produce books and papers, before the electoral board. Any
circuit court of the state, excluding the judge who is sitting on the electoral
board, upon such showing shall order such person to appear and testify,
and to forthwith produce such books and papers, before the electoral board
at a place to be fixed by the court. If such person shall knowingly fail
or refuse to obey such order of the court without lawful excuse, the court
shall punish him or her by fine and imprisonment, as the nature of the case
may require and may be lawful in cases of contempt of court.
The electoral board on the first day of its meeting shall adopt rules
of procedure for the introduction of evidence and the presentation of
arguments and may, in its discretion, provide for the filing of briefs
by the parties to the objection or by other interested persons.
In the event of a State Electoral Board hearing on objections to a
petition for an amendment to Article IV of the Constitution
pursuant to Section 3 of Article XIV of the Constitution, or to a
petition for a question of public policy to be submitted to the
voters of the entire State, the certificates of the county clerks and boards
of election commissioners showing the results of the random sample of
signatures on the petition shall be prima facie valid and accurate, and
shall be presumed to establish the number of valid and invalid
signatures on the petition sheets reviewed in the random sample, as prescribed
in Section 28-11 and 28-12 of this Code. Either party, however, may introduce
evidence at such hearing to dispute the findings as to particular signatures.
In addition to the foregoing, in the absence of competent evidence presented
at such hearing by a party substantially challenging the results of a random
sample, or showing a different result obtained by an additional sample,
this certificate of a county clerk or board of election commissioners shall
be presumed to establish the ratio of valid to invalid signatures within
the particular election jurisdiction.
The electoral board shall take up the question as to whether or not
the certificate of nomination or nomination papers or petitions are in
proper form, and whether or not they were filed within the time and
under the conditions required by law, and whether or not they are the
genuine certificate of nomination or nomination papers or petitions
which they purport to be, and whether or not in the case of the
certificate of nomination in question it represents accurately the
decision of the caucus or convention issuing it, and in general shall
decide whether or not the certificate of nomination or nominating papers
or petitions on file are valid or whether the objections thereto should
be sustained and the decision of a majority of the electoral board shall
be final subject to judicial review as provided in Section 10-10.1. The
electoral board must state its findings in writing and must state in
writing which objections, if any, it has sustained. A copy of the decision shall be served upon the parties to the proceedings in open proceedings before the electoral board. If a party does not appear for receipt of the decision, the decision shall be deemed to have been served on the absent party on the date when a copy of the decision is personally delivered or on the date when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to each party affected by the decision or to such party's attorney of record, if any, at the address on record for such person in the files of the electoral board.
Upon the expiration of the period within which a proceeding for
judicial review must be commenced under Section 10-10.1, the electoral
board shall, unless a proceeding for judicial review has been commenced
within such period, transmit, by registered or certified mail, a
certified copy of its ruling, together with the original certificate of
nomination or nomination papers or petitions and the original objector's
petition, to the officer or board with whom the certificate of
nomination or nomination papers or petitions, as objected to, were on
file and to the election authority to whom the ballot is certified and the appropriate county clerk, and such officer or board shall abide by and comply with the
ruling so made to all intents and purposes.
(Source: P.A. 103-467, eff. 8-4-23.)
|
10 ILCS 5/10-10.1 (10 ILCS 5/10-10.1) (from Ch. 46, par. 10-10.1) Sec. 10-10.1. (a) Except as otherwise provided in this Section, a candidate or objector aggrieved by the decision of an electoral board may secure judicial review of such decision in the circuit court of the county in which the hearing of the electoral board was held. The party seeking judicial review must file, within 5 days after service of the decision of the electoral board as provided in Section 10-10, a petition with the clerk of the court that names as respondents the electoral board, its members, and the prevailing candidates or objectors in the initial proceeding before the board. The party seeking judicial review must serve a copy of the petition upon each of the respondents named in the petition for judicial review by registered or certified mail within 5 days after service of the decision of the electoral board as provided in Section 10-10. The petition shall contain a brief statement of the reasons why the decision of the board should be reversed. The petitioner shall file proof of service with the clerk of the court within 5 days after service of the decision of the electoral board as provided in Section 10-10. No answer to the petition need be filed, but the electoral board shall cause the record of proceedings before the electoral board to be filed with the clerk of the court on or before the date of the hearing on the petition or as ordered by the court. The court shall set the matter for hearing to be held within 30 days after the filing of the petition and shall make its decision promptly after such hearing. (b) An objector or proponent aggrieved by the decision of an electoral board regarding a petition filed pursuant to Section 18-120 of the Property Tax Code may secure a review of such decision by the State Board of Elections. The party seeking such review must file a petition therefor with the State Board of Elections within 10 days after the decision of the electoral board. Any such objector or proponent may apply for and obtain judicial review of a decision of the State Board of Elections entered under this amendatory Act of 1985, in accordance with the provisions of the Administrative Review Law, as amended. (Source: P.A. 103-600, eff. 7-1-24.) |
10 ILCS 5/10-10.5 (10 ILCS 5/10-10.5) Sec. 10-10.5. Removal of judicial officer's address information from the certificate of nomination or nomination papers. (a) Upon expiration of the period for filing an objection to a judicial candidate's certificate of nomination or nomination papers, a judicial officer who is a judicial candidate may file a written request with the State Board of Elections for redaction of the judicial officer's home address information from his or her certificate of nomination or nomination papers. After receipt of the judicial officer's written request, the State Board of Elections shall redact or cause redaction of the judicial officer's home address from his or her certificate of nomination or nomination papers within 5 business days. (b) Prior to expiration of the period for filing an objection to a judicial candidate's certificate of nomination or nomination papers, the home address information from the certificate of nomination or nomination papers of a judicial officer who is a judicial candidate is available for public inspection. After redaction of a judicial officer's home address information under paragraph (a) of this Section, the home address information is only available for an in camera inspection by the court reviewing an objection to the judicial officer's certificate of nomination or nomination papers. (c) For the purposes of this Section, "home address" has the meaning as defined in Section 1-10 of the Judicial Privacy Act.
(Source: P.A. 97-847, eff. 9-22-12; 98-463, eff. 8-16-13.) |
10 ILCS 5/10-11
(10 ILCS 5/10-11) (from Ch. 46, par. 10-11)
Sec. 10-11.
Any vacancy in the nomination of a new political party
candidate occurring prior to
the date of certification of candidates for the ballot
by the certifying board or officer must be filled prior to the date of certification.
The resolution to fill such
vacancy shall be sent by U.S. mail or personal delivery to the certifying
officer or board within 3 days of the action by which the vacancy was filled;
provided, if such resolution
is sent by mail and the U.S. postmark on the envelope containing such resolution
is dated prior to the expiration of such 3 day limit, the notice or resolution
shall be deemed filed within such 3 day limit. Failure
to so transmit the notice or resolution within the time
specified in this Section shall authorize the certifying officer
or board to certify the original candidate. Vacancies shall be filled
by the new political party officers.
Any vacancy in nomination occurring after certification but prior to 15
days before a regular election shall be filled by the new political
party officers within
8 days after the event creating the vacancy in the manner heretofore prescribed.
The resolution to fill a vacancy in nomination shall be duly
acknowledged before an officer qualified to take acknowledgements of deeds
and shall include, upon its face, the following information:
(a) the name of the original nominee and the office vacated;
(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to fill the vacancy and
the date of selection.
The resolution to fill a vacancy in nomination shall be accompanied by a
Statement of Candidacy, as prescribed in Section 10-5, completed by the
selected nominee and a receipt indicating that such nominee has filed a
statement of economic interests as required by the Illinois Governmental Ethics Act.
The provisions of Sections 10-8 through 10-10.1 relating to objections to
certificates of nomination and nomination papers, hearings on objections,
and judicial review, shall apply to and govern objections to resolutions
for filling a vacancy in nomination.
Any vacancy in nomination occurring 15 days or less before a regular election
shall not be filled. In this event the certification of the original candidate
shall stand and his name shall appear on the official ballot to be voted
at the election.
A vacancy in nomination occurs when a candidate who has been nominated
under the provisions of Section 10-2 dies before the election, or declines
the nomination; provided that nomination may become vacant for other reasons.
However, the provisions of this Section shall not apply to any vacancy
in nomination for a municipal office for which the Municipal Code, as now
or hereafter amended, provides a different method for filling such vacancy,
and the applicable provision of the Municipal Code shall govern in such cases.
Any vacancy in a nomination by caucus of an established political party
for a township or municipal office shall be filled in accordance with Section
7-61 of this Code.
For purposes of this Section, the words "certify" and "certification"
shall refer to the act of officially declaring the names of candidates
entitled to be printed upon the official ballot at an election and
directing election authorities to place the names of such candidates upon
the official ballot. "Certifying officers or board" shall refer to the
local election official, election authority or the State Board of
Elections, as the case may be, with whom nomination papers, certificates of
nomination papers and resolutions to fill vacancies in nomination are filed
and whose duty it is to "certify" candidates.
(Source: P.A. 84-757.)
|
10 ILCS 5/10-11.1
(10 ILCS 5/10-11.1) (from Ch. 46, par. 10-11.1)
Sec. 10-11.1.
Whenever a vacancy in the office of State Senator is to
be filled by election pursuant to Article IV, Section 2(d) of the
Constitution and Section 25-6 of this Code, nominations shall be made
pursuant to this Section:
(1) If the vacancy in office occurs before the first | | date provided in Section 10-3 for filing nomination papers for the general election in the next even-numbered year following the commencement of the term, the nomination of independent candidates for such office shall be made as otherwise provided in this Article.
|
|
(2) If the vacancy occurs in office after the first
| | day for filing nomination papers for independent candidates as provided in Section 10-3 but before the first day provided in Section 10-6 for filing nomination papers for the general election in the next even-numbered year following the commencement of the term, independent candidates for such office shall file their nomination papers during the filing period set forth in Section 10-6 for new political party candidates.
|
|
(3) If a vacancy in office occurs prior to the first
| | day provided in Section 10-6 for filing nomination papers for new political party candidates for the next ensuing general election, new political party candidates for such office shall file their nomination papers during the filing period as set forth in Section 10-6 as otherwise provided in this Article.
|
|
(4) If the vacancy in office occurs during the time
| | provided in Section 10-6 for filing nomination papers for new political party candidates for the next ensuing general election, the time for independent and new political party candidates to file nomination papers for such office shall be not more than 92 days nor less than 85 days prior to the date of the general election.
|
|
(5) If the vacancy in office occurs after the last
| | day provided in Section 10-6 for filing nomination papers for new political party candidates, independent and new political party candidates shall be nominated as provided by rules and regulations of the State Board of Elections.
|
|
The provisions of Sections 10-8 and 10-10.1 relating to objections to
nomination papers, hearings on objections and judicial review, shall also
apply to and govern objections to nomination papers filed pursuant to this
Section.
Unless otherwise specified herein, the nomination and election provided for
in this Section shall be governed by this Code.
(Source: P.A. 96-1008, eff. 7-6-10.)
|
10 ILCS 5/10-11.2
(10 ILCS 5/10-11.2) (from Ch. 46, par. 10-11.2)
Sec. 10-11.2.
Whenever a vacancy in any elective county office is to be
filled by election pursuant to Section 25-11 of this Code, nominations
shall be made and any vacancy in nomination shall be filled pursuant to this
Section:
(1) If the vacancy in office occurs before the first | | date provided in Section 10-3 for filing nomination papers for the general election in the next even-numbered year following the commencement of the term, the nomination of independent candidates for such office shall be made as otherwise provided in this Article.
|
|
(2) If the vacancy in office occurs after the first
| | day for filing nomination papers for independent candidates as provided in Section 10-3 but before the first day provided in Section 10-6 for filing nomination papers for new political party candidates for the general election in the next even-numbered year following the commencement of the term, independent candidates for such office shall file their nomination papers during the filing period set forth in Section 10-6 for new political party candidates.
|
|
(3) If the vacancy in office occurs prior to the
| | first date provided in Section 10-6 for filing nomination papers for new political party candidates for the next ensuing general election, new political party candidates for such office shall file their nomination papers during the filing period as set forth in Section 10-6 for new political party candidates.
|
|
(4) If the vacancy in office occurs during the time
| | provided in Section 10-6 for filing nomination papers for new political party candidates for the next ensuing general election the time for independent and new political party candidates to file nomination papers for such office shall be not more than 92 days nor less than 85 days prior to the date of the general election.
|
|
The provisions of Sections 10-8 through 10-10.1 relating to objections to
nomination papers, hearings on objections and judicial review, shall also
apply to and govern objections to nomination papers filed pursuant to this Section.
Unless otherwise specified herein, the nomination and election provided
for in this Section shall be governed by this Code.
(Source: P.A. 96-1008, eff. 7-6-10.)
|
10 ILCS 5/10-14
(10 ILCS 5/10-14) (from Ch. 46, par. 10-14)
Sec. 10-14. Except as otherwise provided in this Code, not less than 74 days before the date of the general election
the State Board of Elections shall certify to the county clerk of each
county the name of each candidate whose nomination papers,
certificate of nomination, or resolution to fill a vacancy in nomination
has been filed with
the State Board of Elections and direct the county clerk to place upon
the official ballot for the general election the names of such candidates
in the same manner and in the same order as shown upon the certification. The name of no
candidate for an office to
be filled by the electors of the entire state shall be placed upon the
official ballot unless his name is duly certified to the county clerk
upon a certificate signed by the members of the State Board of
Elections. The names of group candidates on petitions shall be certified
to the several county clerks in the order
in which such names appear on such petitions filed with
the State Board of Elections.
Except as otherwise provided in this Code, not less than 68 days before the date of the general election, each
county clerk shall certify the names of each of the candidates for county
offices whose nomination papers, certificates of nomination, or resolutions
to fill a vacancy in nomination have been filed with such clerk and declare
that the names of such candidates for the respective offices shall be
placed upon the official ballot for the general election in the same manner
and in the same order as shown upon the certification. Each county clerk
shall place a copy of the certification on file in his or her office and at
the same time issue to the State Board of Elections a copy of such
certification. In addition, each county clerk in whose county there is a
board of election commissioners
shall, not
less than 69 days before the election, certify to the board of election
commissioners the name of the person or persons nominated for such
office as shown by the certificate of the State Board of Elections,
together with the names of all other candidates as shown
by the certification of county officers on file in the clerk's office, and
in the order so certified. The county clerk or board of election commissioners
shall print
the names of the nominees on the ballot for each office in the order in
which they are certified to or filed with the county clerk; provided,
that in printing the name of nominees for any office, if any of such
nominees have also been nominated by one or more political parties
pursuant to this Code, the location of the name of such candidate on the
ballot for nominations made under this Article shall be precisely in the
same order in which it appears on the certification of the State Board
of Elections to the county clerk.
For the general election,
the candidates of new political parties shall be placed on the ballot for
said election after the established political party candidates
and in the order of new political party petition filings.
Each certification shall indicate, where applicable, the following:
(1) The political party affiliation, if any, of the | | candidates for the respective offices;
|
|
(2) If there is to be more than one candidate elected
| | to an office from the State, political subdivision, or district;
|
|
(3) If the voter has the right to vote for more than
| | one candidate for an office;
|
|
(4) The term of office, if a vacancy is to be filled
| | for less than a full term or if the offices to be filled in a political subdivision are for different terms.
|
|
The State Board of Elections or the county clerk, as the case may be,
shall issue an amended certification whenever it is discovered that the
original certification is in error.
(Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23.)
|
10 ILCS 5/10-15
(10 ILCS 5/10-15) (from Ch. 46, par. 10-15)
Sec. 10-15. Not less than 68 days before the date of the consolidated and
nonpartisan elections, each local election official with whom
certificates of nomination or nominating petitions have been filed shall
certify to each election authority having jurisdiction over any of the
territory of his political subdivision the names of all candidates
entitled to be printed on the ballot for offices of that political
subdivision to be voted upon at such election and direct the election
authority to place upon the official ballot for such election the names of
such candidates in the same manner and in the same order as shown upon the
certification.
The local election officials shall certify such candidates for each
office in the order in which such candidates' certificates of nomination
or nominating petitions were filed in his office. However, subject to appeal,
the names of candidates whose petitions have been held invalid by the appropriate
electoral board provided in Section 10-9 of this Act shall not be so certified. The
certification shall be modified as necessary to comply with the
requirements of any other statute or any ordinance adopted pursuant to
Article VII of the Constitution prescribing specific provisions for
nonpartisan elections, including without limitation Articles 4 and 5 of
"The Municipal Code" or Article 9 of The School Code.
In every instance where applicable, the following shall also be indicated
in the certification:
(1) The political party affiliation, if any, of the | | candidates for the respective offices;
|
|
(2) Where there is to be more than one candidate
| | elected to an office from a political subdivision or district;
|
|
(3) Where a voter has the right to vote for more than
| | one candidate for an office;
|
|
(4) The terms of the office to be on the ballot, when
| | a vacancy is to be filled for less than a full term, or when offices of a particular subdivision to be on the ballot at the same election are to be filled for different terms;
|
|
(5) The territory in which a candidate is required by
| | law to reside, when such residency requirement is not identical to the territory of the political subdivision from which the candidate is to be elected or nominated;
|
|
(6) Where a candidate's nominating papers or
| | petitions have been objected to and the objection has been sustained by the electoral board established in Section 10-10, the words "OBJECTION SUSTAINED" shall be placed under the title of the office being sought by the candidate and the name of the aggrieved candidate shall not appear; and
|
| (7) Where a candidate's nominating papers or
| | petitions have been objected to and the decision of the electoral board established in Section 10-10 is either unknown or known to be in judicial review, the words "OBJECTION PENDING" shall be placed under the title of the office being sought by the candidate and next to the name of the candidate.
|
| For the consolidated election, and for the general primary in the case
of certain municipalities having annual elections, the candidates of new
political parties shall be placed on the ballot for such elections after
the established political party candidates and in the order of new political
party petition filings.
The local election official shall issue an amended certification
whenever it is discovered that the original certification is in error.
(Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
|
|
|
|