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Full Text of SB2651  100th General Assembly

SB2651sam003 100TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 4/24/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2651

2    AMENDMENT NO. ______. Amend Senate Bill 2651, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
42, as follows:
 
5by replacing from line 1, page 7, through line 26, page 9, with
6the following:
 
7    "(10 ILCS 5/7-5)  (from Ch. 46, par. 7-5)
8    Sec. 7-5. (a) Primary elections shall be held on the dates
9prescribed in Article 2A.
10    (b) Notwithstanding the provisions of any other statute, no
11primary shall be held for an established political party in any
12township, municipality, or ward thereof, where the nomination
13of such party for every office to be voted upon by the electors
14of such township, municipality, or ward thereof, is
15uncontested. Whenever a political party's nomination of
16candidates is uncontested as to one or more, but not all, of

 

 

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1the offices to be voted upon by the electors of a township,
2municipality, or ward thereof, then a primary shall be held for
3that party in such township, municipality, or ward thereof;
4provided that the primary ballot shall not include those
5offices within such township, municipality, or ward thereof,
6for which the nomination is uncontested. For purposes of this
7Article, the nomination of an established political party of a
8candidate for election to an office shall be deemed to be
9uncontested where not more than the number of persons to be
10nominated have timely filed valid nomination papers seeking the
11nomination of such party for election to such office.
12    (c) Notwithstanding the provisions of any other statute, no
13primary election shall be held for an established political
14party for any special primary election called for the purpose
15of filling a vacancy in the office of representative in the
16United States Congress where the nomination of such political
17party for said office is uncontested. For the purposes of this
18Article, the nomination of an established political party of a
19candidate for election to said office shall be deemed to be
20uncontested where not more than the number of persons to be
21nominated have timely filed valid nomination papers seeking the
22nomination of such established party for election to said
23office. This subsection (c) shall not apply if such primary
24election is conducted on a regularly scheduled election day.
25    (d) Notwithstanding the provisions of any other law to the
26contrary, in subsection (b) and (c) of this Section whenever a

 

 

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1person who has not timely filed valid nomination papers and who
2intends to become a write-in candidate for a political party's
3nomination in the general primary election for any office for
4which the nomination is uncontested files a written statement
5or notice of that intent with the State Board of Elections or
6the local election official with whom nomination papers for
7such office are filed, a primary ballot shall be prepared and a
8primary shall be held for that office. Such statement or notice
9shall be filed on or before the date established in this
10Article for certifying candidates for the primary ballot. Such
11statement or notice shall contain (i) the name and address of
12the person intending to become a write-in candidate, (ii) a
13statement that the person is a qualified primary elector of the
14political party from whom the nomination is sought, (iii) a
15statement that the person intends to become a write-in
16candidate for the party's nomination, and (iv) the office the
17person is seeking as a write-in candidate. An election
18authority shall have no duty to conduct a primary and prepare a
19primary ballot for any office for which the nomination is
20uncontested, unless a statement or notice meeting the
21requirements of this Section is filed in a timely manner.
22    (d-5) Notwithstanding the provisions of any other law to
23the contrary, whenever a person who has not timely filed valid
24nomination papers and who intends to become a write-in
25candidate for a political party's nomination in the
26consolidated primary election for any office for which the

 

 

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1nomination is uncontested files a written statement or notice
2of that intent with the State Board of Elections or the local
3election official with whom nomination papers for such office
4are filed, no primary ballot shall be printed. Where no primary
5is held, a person intending to become a write-in candidate at
6the consolidated primary election may re-file a declaration of
7intent to be a write-in candidate for the consolidated election
8with the appropriate election authority or authorities.
9    (e) The polls shall be open from 6:00 a.m. to 7:00 p.m.
10(Source: P.A. 86-873.)"; and
 
11by replacing from line 1, page 33, through line 26, page 42,
12with the following:
 
13    "(10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
14    Sec. 7-12. All petitions for nomination shall be filed by
15mail or in person as follows:
16        (1) Where the nomination is to be made for a State,
17    congressional, or judicial office, or for any office a
18    nomination for which is made for a territorial division or
19    district which comprises more than one county or is partly
20    in one county and partly in another county or counties,
21    then, except as otherwise provided in this Section, such
22    petition for nomination shall be filed in the principal
23    office of the State Board of Elections not more than 113
24    and not less than 106 days prior to the date of the

 

 

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1    primary, but, in the case of petitions for nomination to
2    fill a vacancy by special election in the office of
3    representative in Congress from this State, such petition
4    for nomination shall be filed in the principal office of
5    the State Board of Elections not more than 85 days and not
6    less than 82 days prior to the date of the primary.
7        Where a vacancy occurs in the office of Supreme,
8    Appellate or Circuit Court Judge within the 3-week period
9    preceding the 106th day before a general primary election,
10    petitions for nomination for the office in which the
11    vacancy has occurred shall be filed in the principal office
12    of the State Board of Elections not more than 92 nor less
13    than 85 days prior to the date of the general primary
14    election.
15        Where the nomination is to be made for delegates or
16    alternate delegates to a national nominating convention,
17    then such petition for nomination shall be filed in the
18    principal office of the State Board of Elections not more
19    than 113 and not less than 106 days prior to the date of
20    the primary; provided, however, that if the rules or
21    policies of a national political party conflict with such
22    requirements for filing petitions for nomination for
23    delegates or alternate delegates to a national nominating
24    convention, the chairman of the State central committee of
25    such national political party shall notify the Board in
26    writing, citing by reference the rules or policies of the

 

 

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1    national political party in conflict, and in such case the
2    Board shall direct such petitions to be filed in accordance
3    with the delegate selection plan adopted by the state
4    central committee of such national political party.
5        (2) Where the nomination is to be made for a county
6    office or trustee of a sanitary district then such petition
7    shall be filed in the office of the county clerk not more
8    than 113 nor less than 106 days prior to the date of the
9    primary.
10        (3) Where the nomination is to be made for a municipal
11    or township office, such petitions for nomination shall be
12    filed in the office of the local election official, not
13    more than 99 nor less than 92 days prior to the date of the
14    primary; provided, where a municipality's or township's
15    boundaries are coextensive with or are entirely within the
16    jurisdiction of a municipal board of election
17    commissioners, the petitions shall be filed in the office
18    of such board; and provided, that petitions for the office
19    of multi-township assessor shall be filed with the election
20    authority.
21        (4) The petitions of candidates for State central
22    committeeman shall be filed in the principal office of the
23    State Board of Elections not more than 113 nor less than
24    106 days prior to the date of the primary.
25        (5) Petitions of candidates for precinct, township or
26    ward committeemen shall be filed in the office of the

 

 

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1    county clerk not more than 113 nor less than 106 days prior
2    to the date of the primary.
3        (6) The State Board of Elections and the various
4    election authorities and local election officials with
5    whom such petitions for nominations are filed shall specify
6    the place where filings shall be made and upon receipt
7    shall endorse thereon the day and hour on which each
8    petition was filed. All petitions filed by persons waiting
9    in line as of 8:00 a.m. on the first day for filing, or as
10    of the normal opening hour of the office involved on such
11    day, shall be deemed filed as of 8:00 a.m. or the normal
12    opening hour, as the case may be. Petitions filed by mail
13    and received after midnight of the first day for filing and
14    in the first mail delivery or pickup of that day shall be
15    deemed as filed as of 8:00 a.m. of that day or as of the
16    normal opening hour of such day, as the case may be. All
17    petitions received thereafter shall be deemed as filed in
18    the order of actual receipt. However, 2 or more petitions
19    filed within the last hour of the filing deadline shall be
20    deemed filed simultaneously. Where 2 or more petitions are
21    received simultaneously, the State Board of Elections or
22    the various election authorities or local election
23    officials with whom such petitions are filed shall break
24    ties and determine the order of filing, by means of a
25    lottery or other fair and impartial method of random
26    selection approved by the State Board of Elections. Such

 

 

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1    lottery shall be conducted within 9 days following the last
2    day for petition filing and shall be open to the public.
3    Seven days written notice of the time and place of
4    conducting such random selection shall be given by the
5    State Board of Elections to the chairman of the State
6    central committee of each established political party, and
7    by each election authority or local election official, to
8    the County Chairman of each established political party,
9    and to each organization of citizens within the election
10    jurisdiction which was entitled, under this Article, at the
11    next preceding election, to have pollwatchers present on
12    the day of election. The State Board of Elections, election
13    authority or local election official shall post in a
14    conspicuous, open and public place, at the entrance of the
15    office, notice of the time and place of such lottery. The
16    State Board of Elections shall adopt rules and regulations
17    governing the procedures for the conduct of such lottery.
18    All candidates shall be certified in the order in which
19    their petitions have been filed. Where candidates have
20    filed simultaneously, they shall be certified in the order
21    determined by lot and prior to candidates who filed for the
22    same office at a later time.
23        (7) The State Board of Elections or the appropriate
24    election authority or local election official with whom
25    such a petition for nomination is filed shall notify the
26    person for whom a petition for nomination has been filed of

 

 

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1    the obligation to file statements of organization, reports
2    of campaign contributions, and annual reports of campaign
3    contributions and expenditures under Article 9 of this Act.
4    Such notice shall be given in the manner prescribed by
5    paragraph (7) of Section 9-16 of this Code.
6        (8) Nomination papers filed under this Section are not
7    valid if the candidate named therein fails to file a
8    statement of economic interests as required by the Illinois
9    Governmental Ethics Act in relation to his candidacy with
10    the appropriate officer by the end of the period for the
11    filing of nomination papers unless he has filed a statement
12    of economic interests in relation to the same governmental
13    unit with that officer within a year preceding the date on
14    which such nomination papers were filed. If the nomination
15    papers of any candidate and the statement of economic
16    interest of that candidate are not required to be filed
17    with the same officer, the candidate must file with the
18    officer with whom the nomination papers are filed a receipt
19    from the officer with whom the statement of economic
20    interests is filed showing the date on which such statement
21    was filed. Such receipt shall be so filed not later than
22    the last day on which nomination papers may be filed.
23        (9) Any person for whom a petition for nomination, or
24    for committeeman or for delegate or alternate delegate to a
25    national nominating convention has been filed may cause his
26    name to be withdrawn by request in writing, signed by him

 

 

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1    and duly acknowledged before an officer qualified to take
2    acknowledgments of deeds, and filed in the principal or
3    permanent branch office of the State Board of Elections or
4    with the appropriate election authority or local election
5    official, not later than the date of certification of
6    candidates for the consolidated primary or general primary
7    ballot. No names so withdrawn shall be certified or printed
8    on the primary ballot. If petitions for nomination have
9    been filed for the same person with respect to more than
10    one political party, his name shall not be certified nor
11    printed on the primary ballot of any party. If petitions
12    for nomination have been filed for the same person for 2 or
13    more offices which are incompatible so that the same person
14    could not serve in more than one of such offices if
15    elected, that person must withdraw as a candidate for all
16    but one of such offices within the 5 business days
17    following the last day for petition filing. A candidate in
18    a judicial election may file petitions for nomination for
19    only one vacancy in a subcircuit and only one vacancy in a
20    circuit in any one filing period, and if petitions for
21    nomination have been filed for the same person for 2 or
22    more vacancies in the same circuit or subcircuit in the
23    same filing period, his or her name shall be certified only
24    for the first vacancy for which the petitions for
25    nomination were filed. If he fails to withdraw as a
26    candidate for all but one of such offices within such time

 

 

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1    his name shall not be certified, nor printed on the primary
2    ballot, for any office. For the purpose of the foregoing
3    provisions, an office in a political party is not
4    incompatible with any other office.
5        (10)(a) Notwithstanding the provisions of any other
6    statute, no primary shall be held for an established
7    political party in any township, municipality, or ward
8    thereof, where the nomination of such party for every
9    office to be voted upon by the electors of such township,
10    municipality, or ward thereof, is uncontested. Whenever a
11    political party's 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 a township, municipality, or ward
14    thereof, then a primary shall be held for that party in
15    such township, municipality, or ward thereof; provided
16    that the primary ballot shall not include those offices
17    within such township, municipality, or ward thereof, for
18    which the nomination is uncontested. For purposes of this
19    Article, the nomination of an established political party
20    of a candidate for election to an office shall be deemed to
21    be uncontested where not more than the number of persons to
22    be nominated have timely filed valid nomination papers
23    seeking the nomination of such party for election to such
24    office.
25        (b) Notwithstanding the provisions of any other
26    statute, no primary election shall be held for an

 

 

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1    established political party for any special primary
2    election called for the purpose of filling a vacancy in the
3    office of representative in the United States Congress
4    where the nomination of such political party for said
5    office is uncontested. For the purposes of this Article,
6    the nomination of an established political party of a
7    candidate for election to said office shall be deemed to be
8    uncontested where not more than the number of persons to be
9    nominated have timely filed valid nomination papers
10    seeking the nomination of such established party for
11    election to said office. This subsection (b) shall not
12    apply if such primary election is conducted on a regularly
13    scheduled election day.
14        (c) Notwithstanding the provisions of any other law to
15    the contrary in subparagraph (a) and (b) of this paragraph
16    (10), whenever a person who has not timely filed valid
17    nomination papers and who intends to become a write-in
18    candidate for a political party's nomination in the general
19    primary election for any office for which the nomination is
20    uncontested files a written statement or notice of that
21    intent with the State Board of Elections or the local
22    election official with whom nomination papers for such
23    office are filed, a primary ballot shall be prepared and a
24    primary shall be held for that office. Such statement or
25    notice shall be filed on or before the date established in
26    this Article for certifying candidates for the primary

 

 

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1    ballot. Such statement or notice shall contain (i) the name
2    and address of the person intending to become a write-in
3    candidate, (ii) a statement that the person is a qualified
4    primary elector of the political party from whom the
5    nomination is sought, (iii) a statement that the person
6    intends to become a write-in candidate for the party's
7    nomination, and (iv) the office the person is seeking as a
8    write-in candidate. An election authority shall have no
9    duty to conduct a primary and prepare a primary ballot for
10    any office for which the nomination is uncontested unless a
11    statement or notice meeting the requirements of this
12    Section is filed in a timely manner.
13        (d) Notwithstanding the provisions of any other law to
14    the contrary, whenever a person who has not timely filed
15    valid nomination papers and who intends to become a
16    write-in candidate for a political party's nomination in
17    the consolidated primary election for any office for which
18    the nomination is uncontested files a written statement or
19    notice of that intent with the State Board of Elections or
20    the local election official with whom nomination papers for
21    such office are filed, no primary ballot shall be printed.
22    Where no primary is held, a person intending to become a
23    write-in candidate at the consolidated primary election
24    may re-file a declaration of intent to be a write-in
25    candidate for the consolidated election with the
26    appropriate election authority or authorities.

 

 

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1        (11) If multiple sets of nomination papers are filed
2    for a candidate to the same office, the State Board of
3    Elections, appropriate election authority or local
4    election official where the petitions are filed shall
5    within 2 business days notify the candidate of his or her
6    multiple petition filings and that the candidate has 3
7    business days after receipt of the notice to notify the
8    State Board of Elections, appropriate election authority
9    or local election official that he or she may cancel prior
10    sets of petitions. If the candidate notifies the State
11    Board of Elections, appropriate election authority or
12    local election official, the last set of petitions filed
13    shall be the only petitions to be considered valid by the
14    State Board of Elections, election authority or local
15    election official. If the candidate fails to notify the
16    State Board of Elections, election authority or local
17    election official then only the first set of petitions
18    filed shall be valid and all subsequent petitions shall be
19    void.
20        (12) All nominating petitions shall be available for
21    public inspection and shall be preserved for a period of
22    not less than 6 months.
23(Source: P.A. 99-221, eff. 7-31-15.)".