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91_SB0933ham003
LRB9105846JMcdam
1 AMENDMENT TO SENATE BILL 933
2 AMENDMENT NO. . Amend Senate Bill 933 on page 14, by
3 replacing lines 2 and 3 with the following:
4 "Section 5. The Illinois Municipal Code is amended by
5 changing Sections 3.1-25-20, 4-3-5, and 8-4-1 and adding
6 Section 3.1-20-45 as follows:
7 (65 ILCS 5/3.1-20-45 new)
8 Sec. 3.1-20-45. Nonpartisan primary elections;
9 uncontested office. A city incorporated under this Code that
10 elects municipal officers at nonpartisan primary and general
11 elections shall conduct the elections as provided in the
12 Election Code, except that no office for which nomination is
13 uncontested shall be included on the primary ballot and no
14 primary shall be held for that office. For the purposes of
15 this Section, an office is uncontested when not more than two
16 persons to be nominated for each office have timely filed
17 valid nominating papers seeking nomination for the election
18 to that office.
19 Notwithstanding the preceding paragraph, when a person
20 (i) who has not timely filed valid nomination papers and (ii)
21 who intends to become a write-in candidate for nomination for
22 any office for which nomination is uncontested files a
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1 written statement or notice of that intent with the proper
2 election official with whom the nomination papers for that
3 office are filed, a primary ballot must be prepared and a
4 primary must be held for the office. The statement or notice
5 must be filed on or before the 61st day before the
6 consolidated primary election. The statement must contain (i)
7 the name and address of the person intending to become a
8 write-in candidate, (ii) a statement that the person intends
9 to become a write-in candidate, and (iii) the office the
10 person is seeking as a write-in candidate. An election
11 authority has no duty to conduct a primary election or
12 prepare a primary ballot unless a statement meeting the
13 requirements of this paragraph is filed in a timely manner.
14 (65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
15 Sec. 3.1-25-20. Primary election. A village incorporated
16 under this Code shall nominate and elect candidates for
17 president and trustees in nonpartisan primary and general
18 elections as provided in Sections 3.1-25-20 through 3.1-25-55
19 until the electors of the village vote to require the
20 partisan election of the president and trustees at a
21 referendum in the manner provided in Section 3.1-25-65 after
22 January 1, 1992. The provisions of Sections 3.1-25-20 through
23 3.1-25-55 shall apply to all villages incorporated under this
24 Code that have operated under those Sections without the
25 adoption of those provisions by the referendum provided in
26 Section 3.1-25-60 as well as those villages that have adopted
27 those provisions by the referendum provided in Section
28 3.1-25-60 until the electors of those villages vote to
29 require the partisan election of the president and trustees
30 in the manner provided in Section 3.1-25-65. Villages that
31 have nominated and elected candidates for president and
32 trustees in partisan elections prior to January 1, 1992, may
33 continue to hold partisan elections without conducting a
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1 referendum in the manner provided in Section 3.1-25-65. All
2 candidates for nomination to be voted for at all general
3 municipal elections at which a president or trustees, or
4 both, are to be elected under this Article shall be nominated
5 from the village at large by a primary election, except that
6 no primary shall be held where the names of not more than 2
7 persons are entitled to be printed on the primary ballot as
8 candidates for the nomination for each office to be filled at
9 an election at which no other offices are to be filled and
10 those persons, having filed the statement of candidacy and
11 petition required by the general election law, shall be the
12 candidates for office at the general municipal election.
13 Notwithstanding any other provision of law, no primary
14 shall be held in any village when the nomination for every
15 office to be voted upon by the electors of the village is
16 uncontested. If the nomination of candidates is uncontested
17 as to one or more, but not all, of the offices to be voted
18 upon by the electors of the village, then a primary must be
19 held in the village, provided that the primary ballot shall
20 not include those offices in the village for which the
21 nomination is uncontested. For the purposes of the Section,
22 an office is uncontested when not more than the number of
23 persons to be nominated to the office have timely filed valid
24 nominating papers seeking nomination for election to that
25 office.
26 Notwithstanding the preceding paragraph, when a person
27 (i) who has not timely filed valid nomination papers and (ii)
28 who intends to become a write-in candidate for nomination for
29 any office for which nomination is uncontested files a
30 written statement or notice of that intent with the proper
31 election official with whom the nomination papers for that
32 office are filed, a primary ballot must be prepared and a
33 primary must be held for the office. The statement or notice
34 must be filed on or before the 61st day before the
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1 consolidated primary election. The statement must contain
2 (i) the name and address of the person intending to become a
3 write-in candidate, (ii) a statement that the person intends
4 to become a write-in candidate, and (iii) the office the
5 person is seeking as a write-in candidate. An election
6 authority has no duty to conduct a primary election or
7 prepare a primary ballot unless a statement meeting the
8 requirements of this paragraph is filed in a timely manner.
9 Only the names of those persons nominated in the manner
10 prescribed in Sections 3.1-25-20 through 3.1-25-65 shall be
11 placed on the ballot at the general municipal election. The
12 village clerk shall certify the offices to be filled and the
13 candidates for those offices to the proper election authority
14 as provided in the general election law. A primary for those
15 offices, if required, shall be held in accordance with the
16 general election law.
17 (Source: P.A. 87-1119.)
18 (65 ILCS 5/4-3-5) (from Ch. 24, par. 4-3-5)
19 Sec. 4-3-5. All candidates for nomination to be voted for
20 at all general municipal elections at which a mayor and 4
21 commissioners are to be elected under this article shall be
22 nominated from the municipality at large by a primary
23 election, except that no primary shall be held where the
24 names of not more than 2 persons are entitled to be printed
25 on the primary ballot as a candidate for the nomination for
26 each office to be filled at an election at which no other
27 offices are to be voted on and such persons, having filed the
28 statement of candidacy and petition required by the general
29 election law shall be the candidates for office at the
30 general municipal election.
31 Notwithstanding any other provision of law, no primary
32 shall be held in any municipality when the nomination for
33 every office to be voted upon by the electors of the
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1 municipality is uncontested. If the nomination of candidates
2 is uncontested as to one or more, but not all, of the offices
3 to be voted upon by the electors of the municipality, then a
4 primary must be held in the municipality, provided that the
5 primary ballot shall not include those offices in the
6 municipality for which the nomination is uncontested. For
7 the purposes of this Section, an office is uncontested when
8 not more than the number of persons to be nominated to the
9 office have timely filed valid nominating papers seeking
10 nomination for election to that office.
11 Notwithstanding the preceding paragraph, when a person
12 (i) who has not timely filed valid nomination papers and (ii)
13 who intends to become a write-in candidate for nomination for
14 any office for which nomination is uncontested files a
15 written statement or notice of that intent with the proper
16 election official with whom the nomination papers for that
17 office are filed, a primary ballot must be prepared and a
18 primary must be held for the office. The statement or notice
19 must be filed on or before the 61st day before the
20 consolidated primary election. The statement must contain
21 (i) the name and address of the person intending to become a
22 write-in candidate, (ii) a statement that the person intends
23 to become a write-in candidate, and (iii) the office the
24 person is seeking as a write-in candidate. An election
25 authority has no duty to conduct a primary election or
26 prepare a primary ballot unless a statement meeting the
27 requirements of this paragraph is filed in a timely manner.
28 Only the names of those persons nominated in the manner
29 prescribed in this article shall be placed upon the ballot at
30 the general municipal election. The municipal clerk shall
31 certify the offices to be filled and the candidates therefor
32 to the proper election authority as provided in the general
33 election law.
34 A primary for such offices, if required, shall be held in
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1 accordance with the provisions of the general election law.
2 (Source: P.A. 81-1490.)".