Full Text of HB5277 96th General Assembly
HB5277 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5277
Introduced 2/3/2010, by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/3.1-20-45 |
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65 ILCS 5/3.1-25-20 |
from Ch. 24, par. 3.1-25-20 |
65 ILCS 5/3.1-25-40 |
from Ch. 24, par. 3.1-25-40 |
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Amends the Illinois Municipal Code. In provisions concerning nonpartisan primary elections, provides that a write-in candidate shall not be construed as having timely filed valid nominating papers for the purposes of preparing a primary ballot and holding a primary election.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5277 |
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LRB096 17579 RLJ 32936 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 3.1-20-45, 3.1-25-20, and 3.1-25-40 as | 6 |
| follows:
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| (65 ILCS 5/3.1-20-45)
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| Sec. 3.1-20-45. Nonpartisan primary elections; uncontested | 9 |
| office. A city
incorporated under this Code that elects | 10 |
| 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 this | 15 |
| Section, an
office is
uncontested when not more than 4
persons | 16 |
| to be nominated for each
office
have timely filed valid | 17 |
| nominating papers seeking nomination for the election
to that
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| office. | 19 |
| For the purposes of preparing a primary ballot and holding | 20 |
| a primary election under this Section, a write-in candidate | 21 |
| shall not be construed as having timely filed valid nominating | 22 |
| papers.
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| Notwithstanding the preceding paragraph, when a person (i) |
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HB5277 |
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LRB096 17579 RLJ 32936 b |
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| who has not timely
filed valid nomination papers and (ii) who | 2 |
| intends to become a write-in
candidate for
nomination for any | 3 |
| office for which nomination is uncontested files a written
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| statement
or notice of that intent with the proper election | 5 |
| official with whom the
nomination papers
for that office are | 6 |
| filed, if the write-in candidate becomes the fifth candidate | 7 |
| filed, a primary ballot must be prepared and a primary must
be | 8 |
| held for
the office. The statement or notice must be filed on | 9 |
| or before the 61st day
before the consolidated primary | 10 |
| election.
The statement
must
contain (i) the name and address | 11 |
| of the person intending to become a write-in
candidate,
(ii) a | 12 |
| statement that the person intends to become a write-in | 13 |
| candidate, and
(iii) the office
the person is seeking as a | 14 |
| write-in candidate. An election authority has no
duty to
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| conduct a primary election or prepare a primary ballot unless a | 16 |
| statement
meeting the
requirements of this paragraph is filed | 17 |
| in a timely manner.
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| (Source: P.A. 95-699, eff. 11-9-07.)
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| (65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
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| Sec. 3.1-25-20. Primary election. A village incorporated | 21 |
| under this Code shall
nominate and elect candidates for | 22 |
| president and trustees in nonpartisan
primary and general | 23 |
| elections as provided in Sections 3.1-25-20 through
3.1-25-55
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| until the electors of the village vote to require the partisan | 25 |
| election of
the president and trustees at a referendum in the |
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HB5277 |
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LRB096 17579 RLJ 32936 b |
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| manner provided in
Section 3.1-25-65 after January 1, 1992.
The
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| provisions of Sections 3.1-25-20 through 3.1-25-55 shall
apply | 3 |
| to all villages incorporated under this Code that have operated
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| under those Sections without the adoption of those provisions | 5 |
| by the
referendum provided in Section 3.1-25-60 as well as | 6 |
| those villages that have
adopted those provisions by the | 7 |
| referendum provided in Section 3.1-25-60
until
the electors of | 8 |
| those villages vote to require the partisan election of the
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| president and trustees in the manner provided in Section | 10 |
| 3.1-25-65.
Villages that have nominated and elected candidates | 11 |
| for president and
trustees in partisan elections prior to | 12 |
| January 1, 1992, may continue to
hold partisan elections | 13 |
| without conducting a referendum in the manner
provided in | 14 |
| Section 3.1-25-65.
All
candidates for nomination to be voted | 15 |
| for at all general municipal elections
at which a president or | 16 |
| trustees, or both, are to be elected under this
Article shall | 17 |
| be nominated from the village at large by a primary election.
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| Notwithstanding any other provision of law, no primary | 19 |
| shall be held in any
village when the nomination for every | 20 |
| office to be voted upon by the electors
of the village is | 21 |
| uncontested. If the nomination of candidates is uncontested
as | 22 |
| to one or more, but not all, of the offices to be voted upon by | 23 |
| the electors
of the village, then a primary must be held in the | 24 |
| village, provided that the
primary ballot shall not include | 25 |
| those offices in the village for which the
nomination is | 26 |
| uncontested. For the purposes of this Section, an office is
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LRB096 17579 RLJ 32936 b |
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| uncontested when not more than the number of persons to be | 2 |
| nominated to the
office have timely filed valid nominating | 3 |
| papers seeking nomination for
election to that office. | 4 |
| For the purposes of preparing a primary ballot and holding | 5 |
| a primary election under this Section, a write-in candidate | 6 |
| shall not be construed as having timely filed valid nominating | 7 |
| papers.
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| Notwithstanding the preceding paragraph, when a person (i) | 9 |
| who has not timely
filed valid nomination papers and (ii) who | 10 |
| intends to become a write-in
candidate for nomination for any | 11 |
| office for which nomination is uncontested
files a written | 12 |
| statement or notice of that intent with the proper election
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| official with whom the nomination papers for that office are | 14 |
| filed, a primary
ballot must be prepared and a primary must be | 15 |
| held for the office. The
statement or notice must be filed on | 16 |
| or before the 61st day before the
consolidated primary | 17 |
| election. The statement
must contain (i) the name and address | 18 |
| of the person intending to become a
write-in candidate, (ii) a | 19 |
| 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 a | 23 |
| statement meeting the requirements of this
paragraph is filed | 24 |
| in a timely manner.
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| Only the names of those persons nominated in the manner | 26 |
| prescribed in
Sections 3.1-25-20 through 3.1-25-65 shall be |
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LRB096 17579 RLJ 32936 b |
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| placed on
the ballot at the general municipal election.
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| village clerk shall certify the offices to be filled and the | 3 |
| candidates
for those offices to the proper election authority
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| as provided in the general election law. A primary for those | 5 |
| offices, if
required, shall be held in accordance with
the | 6 |
| general election law.
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| (Source: P.A. 91-57, eff. 6-30-99.)
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| (65 ILCS 5/3.1-25-40) (from Ch. 24, par. 3.1-25-40)
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| Sec. 3.1-25-40. Ballots.
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| (a) If the office of president is to be filled, only the | 11 |
| names
of the 4
candidates receiving the highest number of votes | 12 |
| for president
shall be placed on the ballot for president at | 13 |
| the next succeeding general
municipal election. The names of | 14 |
| candidates in a number equal to 4
times
the number of trustee | 15 |
| positions to be filled receiving the highest number of
votes | 16 |
| for
trustee, or the names of all candidates if less than 4
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| times the number
of trustee positions to be filled, shall be | 18 |
| placed on the ballot for that
office at the municipal election.
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| (b) An elector, however, at either a primary election or a | 20 |
| general municipal
election held under Sections 3.1-25-20 | 21 |
| through 3.1-25-55, may write in
the names of the candidates of | 22 |
| that elector's choice in accordance with the general
election | 23 |
| law. If, however, the name of only one candidate for a | 24 |
| particular
office appeared on the primary ballot, the name of | 25 |
| the person having the
largest number of write-in votes shall |
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LRB096 17579 RLJ 32936 b |
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| not be placed upon the ballot at
the general municipal election | 2 |
| unless the number of votes received in the
primary election by | 3 |
| that person was at least 10% of the number of votes received
by | 4 |
| the candidate for the same office whose name appeared on the | 5 |
| primary ballot.
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| (c) If a nominee at a general primary election dies or | 7 |
| withdraws before the general
municipal election, there shall be | 8 |
| placed on the ballot the name of the
candidate receiving the | 9 |
| next highest number of votes, and so on in case of
the death or | 10 |
| withdrawal of more than one nominee.
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| (d) If in the application of this Section there occurs the | 12 |
| condition
provided
for in Section 3.1-25-45, there shall be | 13 |
| placed on the ballot the name
of the candidate who was not | 14 |
| chosen by lot under that Section where one
of 2 tied candidates | 15 |
| had been placed on the ballot before the death or
withdrawal | 16 |
| occurred. If, however, in the application of this Section, the
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| candidate with the next highest number of votes cannot be | 18 |
| determined because
of a tie among 2 or more candidates, the | 19 |
| successor nominee whose name shall
be placed on the ballot | 20 |
| shall be determined by lot as provided in Section
3.1-25-45.
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| (Source: P.A. 95-699, eff. 11-9-07.)
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