Illinois General Assembly - Full Text of Public Act 097-1044
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Public Act 097-1044


 

Public Act 1044 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-1044
 
HB5203 EnrolledLRB097 18651 PJG 63885 b

    AN ACT concerning elections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by changing Section
7-12 as follows:
 
    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
    Sec. 7-12. All petitions for nomination shall be filed by
mail or in person as follows:
        (1) Where the nomination is to be made for a State,
    congressional, or judicial office, or for any office a
    nomination for which is made for a territorial division or
    district which comprises more than one county or is partly
    in one county and partly in another county or counties,
    then, except as otherwise provided in this Section, such
    petition for nomination shall be filed in the principal
    office of the State Board of Elections not more than 113
    and not less than 106 days prior to the date of the
    primary, but, in the case of petitions for nomination to
    fill a vacancy by special election in the office of
    representative in Congress from this State, such petition
    for nomination shall be filed in the principal office of
    the State Board of Elections not more than 57 days and not
    less than 50 days prior to the date of the primary.
        Where a vacancy occurs in the office of Supreme,
    Appellate or Circuit Court Judge within the 3-week period
    preceding the 106th day before a general primary election,
    petitions for nomination for the office in which the
    vacancy has occurred shall be filed in the principal office
    of the State Board of Elections not more than 92 nor less
    than 85 days prior to the date of the general primary
    election.
        Where the nomination is to be made for delegates or
    alternate delegates to a national nominating convention,
    then such petition for nomination shall be filed in the
    principal office of the State Board of Elections not more
    than 113 and not less than 106 days prior to the date of
    the primary; provided, however, that if the rules or
    policies of a national political party conflict with such
    requirements for filing petitions for nomination for
    delegates or alternate delegates to a national nominating
    convention, the chairman of the State central committee of
    such national political party shall notify the Board in
    writing, citing by reference the rules or policies of the
    national political party in conflict, and in such case the
    Board shall direct such petitions to be filed in accordance
    with the delegate selection plan adopted by the state
    central committee of such national political party.
        (2) Where the nomination is to be made for a county
    office or trustee of a sanitary district then such petition
    shall be filed in the office of the county clerk not more
    than 113 nor less than 106 days prior to the date of the
    primary.
        (3) Where the nomination is to be made for a municipal
    or township office, such petitions for nomination shall be
    filed in the office of the local election official, not
    more than 99 nor less than 92 days prior to the date of the
    primary; provided, where a municipality's or township's
    boundaries are coextensive with or are entirely within the
    jurisdiction of a municipal board of election
    commissioners, the petitions shall be filed in the office
    of such board; and provided, that petitions for the office
    of multi-township assessor shall be filed with the election
    authority.
        (4) The petitions of candidates for State central
    committeeman shall be filed in the principal office of the
    State Board of Elections not more than 113 nor less than
    106 days prior to the date of the primary.
        (5) Petitions of candidates for precinct, township or
    ward committeemen shall be filed in the office of the
    county clerk not more than 113 nor less than 106 days prior
    to the date of the primary.
        (6) The State Board of Elections and the various
    election authorities and local election officials with
    whom such petitions for nominations are filed shall specify
    the place where filings shall be made and upon receipt
    shall endorse thereon the day and hour on which each
    petition was filed. All petitions filed by persons waiting
    in line as of 8:00 a.m. on the first day for filing, or as
    of the normal opening hour of the office involved on such
    day, shall be deemed filed as of 8:00 a.m. or the normal
    opening hour, as the case may be. Petitions filed by mail
    and received after midnight of the first day for filing and
    in the first mail delivery or pickup of that day shall be
    deemed as filed as of 8:00 a.m. of that day or as of the
    normal opening hour of such day, as the case may be. All
    petitions received thereafter shall be deemed as filed in
    the order of actual receipt. However, 2 or more petitions
    filed within the last hour of the filing deadline shall be
    deemed filed simultaneously. Where 2 or more petitions are
    received simultaneously, the State Board of Elections or
    the various election authorities or local election
    officials with whom such petitions are filed shall break
    ties and determine the order of filing, by means of a
    lottery or other fair and impartial method of random
    selection approved by the State Board of Elections. Such
    lottery shall be conducted within 9 days following the last
    day for petition filing and shall be open to the public.
    Seven days written notice of the time and place of
    conducting such random selection shall be given by the
    State Board of Elections to the chairman of the State
    central committee of each established political party, and
    by each election authority or local election official, to
    the County Chairman of each established political party,
    and to each organization of citizens within the election
    jurisdiction which was entitled, under this Article, at the
    next preceding election, to have pollwatchers present on
    the day of election. The State Board of Elections, election
    authority or local election official shall post in a
    conspicuous, open and public place, at the entrance of the
    office, notice of the time and place of such lottery. The
    State Board of Elections shall adopt rules and regulations
    governing the procedures for the conduct of such lottery.
    All candidates shall be certified in the order in which
    their petitions have been filed. Where candidates have
    filed simultaneously, they shall be certified in the order
    determined by lot and prior to candidates who filed for the
    same office at a later time.
        (7) The State Board of Elections or the appropriate
    election authority or local election official with whom
    such a petition for nomination is filed shall notify the
    person for whom a petition for nomination has been filed of
    the obligation to file statements of organization, reports
    of campaign contributions, and annual reports of campaign
    contributions and expenditures under Article 9 of this Act.
    Such notice shall be given in the manner prescribed by
    paragraph (7) of Section 9-16 of this Code.
        (8) Nomination papers filed under this Section are not
    valid if the candidate named therein fails to file a
    statement of economic interests as required by the Illinois
    Governmental Ethics Act in relation to his candidacy with
    the appropriate officer by the end of the period for the
    filing of nomination papers unless he has filed a statement
    of economic interests in relation to the same governmental
    unit with that officer within a year preceding the date on
    which such nomination papers were filed. If the nomination
    papers of any candidate and the statement of economic
    interest of that candidate are not required to be filed
    with the same officer, the candidate must file with the
    officer with whom the nomination papers are filed a receipt
    from the officer with whom the statement of economic
    interests is filed showing the date on which such statement
    was filed. Such receipt shall be so filed not later than
    the last day on which nomination papers may be filed.
        (9) Any person for whom a petition for nomination, or
    for committeeman or for delegate or alternate delegate to a
    national nominating convention has been filed may cause his
    name to be withdrawn by request in writing, signed by him
    and duly acknowledged before an officer qualified to take
    acknowledgments of deeds, and filed in the principal or
    permanent branch office of the State Board of Elections or
    with the appropriate election authority or local election
    official, not later than the date of certification of
    candidates for the consolidated primary or general primary
    ballot. No names so withdrawn shall be certified or printed
    on the primary ballot. If petitions for nomination have
    been filed for the same person with respect to more than
    one political party, his name shall not be certified nor
    printed on the primary ballot of any party. If petitions
    for nomination have been filed for the same person for 2 or
    more offices which are incompatible so that the same person
    could not serve in more than one of such offices if
    elected, that person must withdraw as a candidate for all
    but one of such offices within the 5 business days
    following the last day for petition filing. A candidate in
    a judicial election may file petitions for nomination for
    only one vacancy in a subcircuit and only one vacancy in a
    circuit in any one filing period, and if petitions for
    nomination have been filed for the same person for 2 or
    more vacancies in the same circuit or subcircuit in the
    same filing period, his or her name shall be certified only
    for the first vacancy for which the petitions for
    nomination were filed. If he fails to withdraw as a
    candidate for all but one of such offices within such time
    his name shall not be certified, nor printed on the primary
    ballot, for any office. For the purpose of the foregoing
    provisions, an office in a political party is not
    incompatible with any other office.
        (10)(a) Notwithstanding the provisions of any other
    statute, no primary shall be held for an established
    political party in any township, municipality, or ward
    thereof, where the nomination of such party for every
    office to be voted upon by the electors of such township,
    municipality, or ward thereof, is uncontested. Whenever a
    political party's nomination of candidates is uncontested
    as to one or more, but not all, of the offices to be voted
    upon by the electors of a township, municipality, or ward
    thereof, then a primary shall be held for that party in
    such township, municipality, or ward thereof; provided
    that the primary ballot shall not include those offices
    within such township, municipality, or ward thereof, for
    which the nomination is uncontested. For purposes of this
    Article, the nomination of an established political party
    of a candidate for election to an office shall be deemed to
    be uncontested where not more than the number of persons to
    be nominated have timely filed valid nomination papers
    seeking the nomination of such party for election to such
    office.
        (b) Notwithstanding the provisions of any other
    statute, no primary election shall be held for an
    established political party for any special primary
    election called for the purpose of filling a vacancy in the
    office of representative in the United States Congress
    where the nomination of such political party for said
    office is uncontested. For the purposes of this Article,
    the nomination of an established political party of a
    candidate for election to said office shall be deemed to be
    uncontested where not more than the number of persons to be
    nominated have timely filed valid nomination papers
    seeking the nomination of such established party for
    election to said office. This subsection (b) shall not
    apply if such primary election is conducted on a regularly
    scheduled election day.
        (c) Notwithstanding the provisions in subparagraph (a)
    and (b) of this paragraph (10), whenever a person who has
    not timely filed valid nomination papers and who intends to
    become a write-in candidate for a political party's
    nomination for any office for which the nomination is
    uncontested files a written statement or notice of that
    intent with the State Board of Elections or the local
    election official with whom nomination papers for such
    office are filed, a primary ballot shall be prepared and a
    primary shall be held for that office. Such statement or
    notice shall be filed on or before the date established in
    this Article for certifying candidates for the primary
    ballot. Such statement or notice shall contain (i) the name
    and address of the person intending to become a write-in
    candidate, (ii) a statement that the person is a qualified
    primary elector of the political party from whom the
    nomination is sought, (iii) a statement that the person
    intends to become a write-in candidate for the party's
    nomination, and (iv) the office the person is seeking as a
    write-in candidate. An election authority shall have no
    duty to conduct a primary and prepare a primary ballot for
    any office for which the nomination is uncontested unless a
    statement or notice meeting the requirements of this
    Section is filed in a timely manner.
        (11) If multiple sets of nomination papers are filed
    for a candidate to the same office, the State Board of
    Elections, appropriate election authority or local
    election official where the petitions are filed shall
    within 2 business days notify the candidate of his or her
    multiple petition filings and that the candidate has 3
    business days after receipt of the notice to notify the
    State Board of Elections, appropriate election authority
    or local election official that he or she may cancel prior
    sets of petitions. If the candidate notifies the State
    Board of Elections, appropriate election authority or
    local election official, the last set of petitions filed
    shall be the only petitions to be considered valid by the
    State Board of Elections, election authority or local
    election official. If the candidate fails to notify the
    State Board of Elections, election authority or local
    election official then only the first set of petitions
    filed shall be valid and all subsequent petitions shall be
    void.
        (12) All nominating petitions shall be available for
    public inspection and shall be preserved for a period of
    not less than 6 months.
(Source: P.A. 96-1008, eff. 7-6-10; 97-81, eff. 7-5-11.)

Effective Date: 1/1/2013