(10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
Sec. 10-7.
Except as otherwise provided in this Code, any person whose name has been presented as a candidate, including nonpartisan and independent candidates,
may cause his name to be withdrawn from any such nomination by his
request in writing, signed by him and duly acknowledged before an
officer qualified to take acknowledgment of deeds, and presented to the
principal office or permanent branch office of the Board, the election
authority, or the local election official, as the case may be, not later
than the date for certification of candidates for the ballot. No name so
withdrawn shall be printed upon the ballots under the party appellation or
title from which the candidate has withdrawn his name. If such a request for withdrawal is received after the date for certification of the candidates for the ballot, then the votes cast for the withdrawn candidate are invalid and shall not be reported by the election authority. If the name of the
same person has been presented as a candidate 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. 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 ballot, for any office. However, nothing in this Section
shall be construed as precluding a judge who is seeking retention in office
from also being a candidate for another judicial office. Except as
otherwise herein provided, in case the certificate of nomination or
petition as provided for in this Article shall contain or exhibit the name
of any candidate for any office upon more than one of said certificates or
petitions (for the same office), then and in that case the Board or
election authority or local election official, as the case may be, shall
immediately notify said candidate of said fact and that his name appears
unlawfully upon more than one of said certificates or petitions and that
within 3 days from the receipt of said notification, said candidate must
elect as to which of said political party appellations or groups he desires
his name to appear and remain under upon said ballot, and if said candidate
refuses, fails or neglects to make such election, then and in that case the
Board or election authority or local election official, as the case may be,
shall permit the name of said candidate to appear or be printed or placed
upon said ballot only under the political party appellation or group
appearing on the certificate of nomination or petition, as the case may be,
first filed, and shall strike or cause to be stricken the name of said
candidate from all certificates of nomination and petitions
filed after the first such certificate of nomination or petition.
Whenever the name of a candidate for an office is withdrawn from a new
political party petition, it shall constitute a vacancy in nomination for
that office which may be filled in accordance with Section 10-11 of this
Article; provided, that if the names of all candidates for all offices on
a new political party petition are withdrawn or such petition is declared
invalid by an electoral board or upon judicial review, no vacancies in
nomination for those offices shall exist and the filing of any notice or
resolution purporting to fill vacancies in nomination shall have no legal effect.
Whenever the name of an independent candidate for an office is withdrawn
or an independent candidate's petition is declared invalid by an electoral
board or upon judicial review, no vacancy in nomination for that office
shall exist and the filing of any notice or resolution purporting to fill
a vacancy in nomination shall have no legal effect.
All certificates of nomination and nomination papers when presented or
filed shall be open, under proper regulation, to public inspection, and the
State Board of Elections and the several election authorities and local
election officials having charge of nomination papers shall preserve the
same in their respective offices not less than 6 months.
(Source: P.A. 102-15, eff. 6-17-21.)
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