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91_HB2059eng HB2059 Engrossed LRB9103733MWpr 1 AN ACT to amend the Election Code by changing Sections 2 3.1-25-20 and 4-3-5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Municipal Code is amended by 6 changing Sections 3.1-25-20 and 4-3-5 as follows: 7 (65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20) 8 Sec. 3.1-25-20. Primary election. A village incorporated 9 under this Code shall nominate and elect candidates for 10 president and trustees in nonpartisan primary and general 11 elections as provided in Sections 3.1-25-20 through 3.1-25-55 12 until the electors of the village vote to require the 13 partisan election of the president and trustees at a 14 referendum in the manner provided in Section 3.1-25-65 after 15 January 1, 1992. The provisions of Sections 3.1-25-20 through 16 3.1-25-55 shall apply to all villages incorporated under this 17 Code that have operated under those Sections without the 18 adoption of those provisions by the referendum provided in 19 Section 3.1-25-60 as well as those villages that have adopted 20 those provisions by the referendum provided in Section 21 3.1-25-60 until the electors of those villages vote to 22 require the partisan election of the president and trustees 23 in the manner provided in Section 3.1-25-65. Villages that 24 have nominated and elected candidates for president and 25 trustees in partisan elections prior to January 1, 1992, may 26 continue to hold partisan elections without conducting a 27 referendum in the manner provided in Section 3.1-25-65. All 28 candidates for nomination to be voted for at all general 29 municipal elections at which a president or trustees, or 30 both, are to be elected under this Article shall be nominated 31 from the village at large by a primary election, except thatHB2059 Engrossed -2- LRB9103733MWpr 1no primary shall be held where the names of not more than 22persons are entitled to be printed on the primary ballot as3candidates for the nomination for each office to be filled at4an election at which no other offices are to be filled and5those persons, having filed the statement of candidacy and6petition required by the general election law, shall be the7candidates for office at the general municipal election. 8 Notwithstanding any other provision of law, no primary 9 shall be held in any village when the nomination for every 10 office to be voted upon by the electors of the village is 11 uncontested. If the nomination of candidates is uncontested 12 as to one or more, but not all, of the offices to be voted 13 upon by the electors of the village, then a primary must be 14 held in the village, provided that the primary ballot shall 15 not include those offices in the village for which the 16 nomination is uncontested. For the purposes of the Section, 17 an office is uncontested when not more than the number of 18 persons to be nominated to the office have timely filed valid 19 nominating papers seeking nomination for election to that 20 office. 21 Notwithstanding the preceding paragraph, when a person 22 (i) who has not timely filed valid nomination papers and (ii) 23 who intends to become a write-in candidate for nomination for 24 any office for which nomination is uncontested files a 25 written statement or notice of that intent with the proper 26 election official with whom the nomination papers for that 27 office are filed, a primary ballot must be prepared and a 28 primary must be held for the office. The statement or notice 29 must be filed on or before that date established in the 30 Election Code for certifying candidates for the primary 31 ballot. The statement must contain (i) the name and address 32 of the person intending to become a write-in candidate, (ii) 33 a statement that the person intends to become a write-in 34 candidate, and (iii) the office the person is seeking as a HB2059 Engrossed -3- LRB9103733MWpr 1 write-in candidate. An election authority has no duty to 2 conduct a primary election or prepare a primary ballot unless 3 a statement meeting the requirements of this paragraph is 4 filed in a timely manner. 5 Only the names of those persons nominated in the manner 6 prescribed in Sections 3.1-25-20 through 3.1-25-65 shall be 7 placed on the ballot at the general municipal election. The 8 village clerk shall certify the offices to be filled and the 9 candidates for those offices to the proper election authority 10 as provided in the general election law. A primary for those 11 offices, if required, shall be held in accordance with the 12 general election law. 13 (Source: P.A. 87-1119.) 14 (65 ILCS 5/4-3-5) (from Ch. 24, par. 4-3-5) 15 Sec. 4-3-5. All candidates for nomination to be voted for 16 at all general municipal elections at which a mayor and 4 17 commissioners are to be elected under this article shall be 18 nominated from the municipality at large by a primary 19 election, except that no primary shall be held where the20names of not more than 2 persons are entitled to be printed21on the primary ballot as a candidate for the nomination for22each office to be filled at an election at which no other23offices are to be voted on and such persons, having filed the24statement of candidacy and petition required by the general25election law shall be the candidates for office at the26general municipal election. 27 Notwithstanding any other provision of law, no primary 28 shall be held in any municipality when the nomination for 29 every office to be voted upon by the electors of the 30 municipality is uncontested. If the nomination of candidates 31 is uncontested as to one or more, but not all, of the offices 32 to be voted upon by the electors of the municipality, then a 33 primary must be held in the municipality, provided that the HB2059 Engrossed -4- LRB9103733MWpr 1 primary ballot shall not include those offices in the 2 municipality for which the nomination is uncontested. For 3 the purposes of this Section, an office is uncontested when 4 not more than the number of persons to be nominated to the 5 office have timely filed valid nominating papers seeking 6 nomination for election to that office. 7 Notwithstanding the preceding paragraph, when a person 8 (i) who has not timely filed valid nomination papers and (ii) 9 who intends to become a write-in candidate for nomination for 10 any office for which nomination is uncontested files a 11 written statement or notice of that intent with the proper 12 election official with whom the nomination papers for that 13 office are filed, a primary ballot must be prepared and a 14 primary must be held for the office. The statement or notice 15 must be filed on or before that date established in the 16 Election Code for certifying candidates for the primary 17 ballot. The statement must contain (i) the name and address 18 of the person intending to become a write-in candidate, (ii) 19 a statement that the person intends to become a write-in 20 candidate, and (iii) the office the person is seeking as a 21 write-in candidate. An election authority has no duty to 22 conduct a primary election or prepare a primary ballot unless 23 a statement meeting the requirements of this paragraph is 24 filed in a timely manner. 25 Only the names of those persons nominated in the manner 26 prescribed in this article shall be placed upon the ballot at 27 the general municipal election. The municipal clerk shall 28 certify the offices to be filled and the candidates therefor 29 to the proper election authority as provided in the general 30 election law. 31 A primary for such offices, if required, shall be held in 32 accordance with the provisions of the general election law. 33 (Source: P.A. 81-1490.) HB2059 Engrossed -5- LRB9103733MWpr 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.