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91_HB1109eng
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1 AN ACT to amend the Election Code by changing Sections
2 1-3, 3-1.2, 7-10, 8-8, 10-4, and 28-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 1-3, 3-1.2, 7-10, 8-8, 10-4, and 28-3 as follows:
7 (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
8 Sec. 1-3. Definitions. As used in this Act, unless the
9 context otherwise requires:
10 1. "Election" includes the submission of all questions
11 of public policy, propositions, and all measures submitted to
12 popular vote, and includes primary elections when so
13 indicated by the context.
14 2. "Regular election" means the general, general
15 primary, consolidated and consolidated primary elections
16 regularly scheduled in Article 2A. The even numbered year
17 municipal primary established in Article 2A is a regular
18 election only with respect to those municipalities in which a
19 primary is required to be held on such date.
20 3. "Special election" means an election not regularly
21 recurring at fixed intervals, irrespective of whether it is
22 held at the same time and place and by the same election
23 officers as a regular election.
24 4. "General election" means the biennial election at
25 which members of the General Assembly are elected. "General
26 primary election", "consolidated election" and "consolidated
27 primary election" mean the respective elections or the
28 election dates designated and established in Article 2A of
29 this Code.
30 5. "Municipal election" means an election or primary,
31 either regular or special, in cities, villages, and
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1 incorporated towns; and "municipality" means any such city,
2 village or incorporated town.
3 6. "Political or governmental subdivision" means any
4 unit of local government, or school district in which
5 elections are or may be held. "Political or governmental
6 subdivision" also includes, for election purposes, Regional
7 Boards of School Trustees, and Township Boards of School
8 Trustees.
9 7. The word "township" and the word "town" shall apply
10 interchangeably to the type of governmental organization
11 established in accordance with the provisions of the Township
12 Code. The term "incorporated town" shall mean a municipality
13 referred to as an incorporated town in the Illinois Municipal
14 Code, as now or hereafter amended.
15 8. "Election authority" means a county clerk or a Board
16 of Election Commissioners.
17 9. "Election Jurisdiction" means (a) an entire county,
18 in the case of a county in which no city board of election
19 commissioners is located or which is under the jurisdiction
20 of a county board of election commissioners; (b) the
21 territorial jurisdiction of a city board of election
22 commissioners; and (c) the territory in a county outside of
23 the jurisdiction of a city board of election commissioners.
24 In each instance election jurisdiction shall be determined
25 according to which election authority maintains the permanent
26 registration records of qualified electors.
27 10. "Local election official" means the clerk or
28 secretary of a unit of local government or school district,
29 as the case may be, the treasurer of a township board of
30 school trustees, and the regional superintendent of schools
31 with respect to the various school officer elections and
32 school referenda for which the regional superintendent is
33 assigned election duties by The School Code, as now or
34 hereafter amended.
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1 11. "Judges of election", "primary judges" and similar
2 terms, as applied to cases where there are 2 sets of judges,
3 when used in connection with duties at an election during the
4 hours the polls are open, refer to the team of judges of
5 election on duty during such hours; and, when used with
6 reference to duties after the closing of the polls, refer to
7 the team of tally judges designated to count the vote after
8 the closing of the polls and the holdover judges designated
9 pursuant to Section 13-6.2 or 14-5.2. In such case, where,
10 after the closing of the polls, any act is required to be
11 performed by each of the judges of election, it shall be
12 performed by each of the tally judges and by each of the
13 holdover judges.
14 12. "Petition" of candidacy as used in Sections 7-10 and
15 7-10.1 shall consist of a statement of candidacy, candidate's
16 statement containing oath, and sheets containing signatures
17 of qualified primary electors bound together.
18 13. "Election district" and "precinct", when used with
19 reference to a 30-day residence requirement, means the
20 smallest constituent territory in which electors vote as a
21 unit at the same polling place in any election governed by
22 this Act.
23 14. "District" means any area which votes as a unit for
24 the election of any officer, other than the State or a unit
25 of local government or school district, and includes, but is
26 not limited to, legislative, congressional and judicial
27 districts, judicial circuits, county board districts,
28 municipal and sanitary district wards, school board
29 districts, and precincts.
30 15. "Question of public policy" or "public question"
31 means any question, proposition or measure submitted to the
32 voters at an election dealing with subject matter other than
33 the nomination or election of candidates and shall include,
34 but is not limited to, any bond or tax referendum, and
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1 questions relating to the Constitution.
2 16. "Ordinance providing the form of government of a
3 municipality or county pursuant to Article VII of the
4 Constitution" includes ordinances, resolutions and petitions
5 adopted by referendum which provide for the form of
6 government, the officers or the manner of selection or terms
7 of office of officers of such municipality or county,
8 pursuant to the provisions of Sections 4, 6 or 7 of Article
9 VII of the Constitution.
10 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
11 6-60, and 6-66 shall include a computer tape or computer disc
12 or other electronic data processing information containing
13 voter information.
14 18. "Accessible" means accessible to handicapped and
15 elderly individuals for the purpose of voting or
16 registration, as determined by rule of the State Board of
17 Elections.
18 19. "Elderly" means 65 years of age or older.
19 20. "Handicapped" means having a temporary or permanent
20 physical disability.
21 21. "Leading political party" means one of the two
22 political parties whose candidates for governor at the most
23 recent three gubernatorial elections received either the
24 highest or second highest average number of votes. The
25 political party whose candidates for governor received the
26 highest average number of votes shall be known as the first
27 leading political party and the political party whose
28 candidates for governor received the second highest average
29 number of votes shall be known as the second leading
30 political party.
31 22. "Business day" means any day in which the office of
32 an election authority, local election official or the State
33 Board of Elections is open to the public for a minimum of 7
34 hours.
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1 23. "Homeless individual" means any person who has a
2 nontraditional residence, including but not limited to, a
3 shelter, day shelter, park bench, street corner, or space
4 under a bridge.
5 24. "File" or "filed" when used in connection with any
6 act that must or may be done under this Code means, unless
7 otherwise specified, the time a document is actually received
8 in the office of the State Board of Elections, election
9 authority, or local election official, as the case may be,
10 where it is required or allowed to be filed.
11 (Source: P.A. 90-358, eff. 1-1-98.)
12 (10 ILCS 5/3-1.2) (from Ch. 46, par. 3-1.2)
13 Sec. 3-1.2. Eligibility to sign or circulate petition.
14 For the purpose of determining eligibility to sign or
15 circulate a nominating petition or a petition proposing a
16 public question the terms "voter", "registered voter",
17 "qualified voter", "legal voter", "elector", "qualified
18 elector", "primary elector" and "qualified primary elector"
19 as used in this Code or in another Statute shall mean a
20 person who is registered to vote at the address shown
21 opposite his signature on the petition or was registered to
22 vote at such address when he signed the petition. Any person,
23 otherwise qualified under this Section, who has not moved to
24 another residence but whose address has changed as a result
25 of implementation of a 9-1-1 emergency telephone system shall
26 be considered a "voter", "registered voter", "qualified
27 voter", "legal voter", "elector", "qualified elector",
28 "primary elector", and "qualified primary elector".
29 (Source: P.A. 90-664, eff. 7-30-98.)
30 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
31 Sec. 7-10. Form of petition for nomination. The name of
32 no candidate for nomination, or State central committeeman,
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1 or township committeeman, or precinct committeeman, or ward
2 committeeman or candidate for delegate or alternate delegate
3 to national nominating conventions, shall be printed upon the
4 primary ballot unless a petition for nomination has been
5 filed in his behalf as provided in this Article in
6 substantially the following form:
7 We, the undersigned, members of and affiliated with the
8 .... party and qualified primary electors of the .... party,
9 in the .... of ...., in the county of .... and State of
10 Illinois, do hereby petition that the following named person
11 or persons shall be a candidate or candidates of the ....
12 party for the nomination for (or in case of committeemen for
13 election to) the office or offices hereinafter specified, to
14 be voted for at the primary election to be held on (insert
15 date). the .... day of ...., ....
16 Name Office Address
17 John Jones Governor Belvidere, Ill.
18 Thomas Smith Attorney General Oakland, Ill.
19 Name.................. Address.......................
20 State of Illinois)
21 ) ss.
22 County of........)
23 I, ...., do hereby certify that I am a registered voter
24 and have been a registered voter at all times I have
25 circulated this petition, that I reside at No. .... street,
26 in the .... of ...., county of ...., and State of Illinois,
27 and that the signatures on this sheet were signed in my
28 presence, and are genuine, and that to the best of my
29 knowledge and belief the persons so signing were at the time
30 of signing the petitions qualified voters of the .... party,
31 and that their respective residences are correctly stated, as
32 above set forth.
33 .........................
34 Subscribed and sworn to before me on (insert date). this
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1 .... day of ...., ....
2 .........................
3 Each sheet of the petition other than the statement of
4 candidacy and candidate's statement shall be of uniform size
5 and shall contain above the space for signatures an
6 appropriate heading giving the information as to name of
7 candidate or candidates, in whose behalf such petition is
8 signed; the office, the political party represented and place
9 of residence; and the heading of each sheet shall be the
10 same.
11 Such petition shall be signed by qualified primary
12 electors residing in the political division for which the
13 nomination is sought in their own proper persons only and
14 opposite the signature of each signer, his residence address
15 shall be written or printed. The residence address required
16 to be written or printed opposite each qualified primary
17 elector's name shall include the street address or rural
18 route number of the signer, as the case may be, as well as
19 the signer's county, and city, village or town, and state.
20 However the county or city, village or town, and state of
21 residence of the electors may be printed on the petition
22 forms where all of the electors signing the petition reside
23 in the same county or city, village or town, and state.
24 Standard abbreviations may be used in writing the residence
25 address, including street number, if any. At the bottom of
26 each sheet of such petition shall be added a statement signed
27 by a registered voter of the political division, who has been
28 a registered voter at all times he or she circulated the
29 petition, for which the candidate is seeking a nomination,
30 stating the street address or rural route number of the
31 voter, as the case may be, as well as the voter's county, and
32 city, village or town, and state; and certifying that the
33 signatures on that sheet of the petition were signed in his
34 presence; and either (1) indicating the dates on which that
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1 sheet was circulated, or (2) indicating the first and last
2 dates on which the sheet was circulated, or (3) certifying
3 that none of the signatures on the sheet were signed more
4 than 90 days preceding the last day for the filing of the
5 petition, or more than 45 days preceding the last day for
6 filing of the petition in the case of political party and
7 independent candidates for single or multi-county regional
8 superintendents of schools in the 1994 general primary
9 election; and certifying that the signatures on the sheet are
10 genuine, and certifying that to the best of his knowledge
11 and belief the persons so signing were at the time of signing
12 the petitions qualified voters of the political party for
13 which a nomination is sought. Such statement shall be sworn
14 to before some officer authorized to administer oaths in this
15 State.
16 No petition sheet shall be circulated more than 90 days
17 preceding the last day provided in Section 7-12 for the
18 filing of such petition, or more than 45 days preceding the
19 last day for filing of the petition in the case of political
20 party and independent candidates for single or multi-county
21 regional superintendents of schools in the 1994 general
22 primary election.
23 The person circulating the petition, or the candidate on
24 whose behalf the petition is circulated, may strike any
25 signature from the petition, provided that;
26 (1) the person striking the signature shall initial
27 the petition at the place where the signature is struck;
28 and
29 (2) the person striking the signature shall sign a
30 certification listing the page number and line number of
31 each signature struck from the petition. Such
32 certification shall be filed as a part of the petition.
33 Such sheets before being filed shall be neatly fastened
34 together in book form, by placing the sheets in a pile and
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1 fastening them together at one edge in a secure and suitable
2 manner, and the sheets shall then be numbered consecutively.
3 The sheets shall not be fastened by pasting them together end
4 to end, so as to form a continuous strip or roll. All
5 petition sheets which are filed with the proper local
6 election officials, election authorities or the State Board
7 of Elections shall be the original sheets which have been
8 signed by the voters and by the circulator thereof, and not
9 photocopies or duplicates of such sheets. Each petition must
10 include as a part thereof, a statement of candidacy for each
11 of the candidates filing, or in whose behalf the petition is
12 filed. This statement shall set out the address of such
13 candidate, the office for which he is a candidate, shall
14 state that the candidate is a qualified primary voter of the
15 party to which the petition relates and is qualified for the
16 office specified (in the case of a candidate for State's
17 Attorney it shall state that the candidate is at the time of
18 filing such statement a licensed attorney-at-law of this
19 State), shall state that he has filed (or will file before
20 the close of the petition filing period) a statement of
21 economic interests as required by the Illinois Governmental
22 Ethics Act, shall request that the candidate's name be placed
23 upon the official ballot, and shall be subscribed and sworn
24 to by such candidate before some officer authorized to take
25 acknowledgment of deeds in the State and shall be in
26 substantially the following form:
27 Statement of Candidacy
28 Name Address Office District Party
29 John Jones 102 Main St. Governor Statewide Republican
30 Belvidere,
31 Illinois
32 State of Illinois)
33 ) ss.
34 County of .......)
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1 I, ...., being first duly sworn, say that I reside at
2 .... Street in the city (or village) of ...., in the county
3 of ...., State of Illinois; that I am a qualified voter
4 therein and am a qualified primary voter of the .... party;
5 that I am a candidate for nomination (for election in the
6 case of committeeman and delegates and alternate delegates)
7 to the office of .... to be voted upon at the primary
8 election to be held on (insert date); the .... day of ....,
9 ....; that I am legally qualified (including being the holder
10 of any license that may be an eligibility requirement for the
11 office I seek the nomination for) to hold such office and
12 that I have filed (or I will file before the close of the
13 petition filing period) a statement of economic interests as
14 required by the Illinois Governmental Ethics Act and I hereby
15 request that my name be printed upon the official primary
16 ballot for nomination for (or election to in the case of
17 committeemen and delegates and alternate delegates) such
18 office.
19 Signed ......................
20 Subscribed and sworn to (or affirmed) before me by ....,
21 who is to me personally known, on (insert date). this ....
22 day of ...., 19...
23 Signed ....................
24 (Official Character)
25 (Seal, if officer has one.)
26 The petitions, when filed, shall not be withdrawn or
27 added to, and no signatures shall be revoked except by
28 revocation filed in writing with the State Board of
29 Elections, election authority or local election official with
30 whom the petition is required to be filed, and before the
31 filing of such petition. Whoever forges the name of a signer
32 upon any petition required by this Article is deemed guilty
33 of a forgery and on conviction thereof shall be punished
34 accordingly.
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1 Petitions of candidates for nomination for offices herein
2 specified, to be filed with the same officer, may contain the
3 names of 2 or more candidates of the same political party for
4 the same or different offices.
5 Such petitions for nominations shall be signed:
6 (a) If for a State office, or for delegate or
7 alternate delegate to be elected from the State at large
8 to a National nominating convention by not less than
9 5,000 nor more than 10,000 primary electors of his party.
10 (b) If for a congressional officer or for delegate
11 or alternate delegate to be elected from a congressional
12 district to a national nominating convention by at least
13 .5% of the qualified primary electors of his party in his
14 congressional district, except that for the first primary
15 following a redistricting of congressional districts such
16 petitions shall be signed by at least 600 qualified
17 primary electors of the candidate's party in his
18 congressional district.
19 (c) If for a county office (including county board
20 member and chairman of the county board where elected
21 from the county at large), by at least .5% of the
22 qualified electors of his party cast at the last
23 preceding general election in his county. However, if
24 for the nomination for county commissioner of Cook
25 County, then by at least .5% of the qualified primary
26 electors of his or her party in his or her county in the
27 district or division in which such person is a candidate
28 for nomination; and if for county board member from a
29 county board district, then by at least .5% of the
30 qualified primary electors of his party in the county
31 board district. In the case of an election for county
32 board member to be elected from a district, for the first
33 primary following a redistricting of county board
34 districts or the initial establishment of county board
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1 districts, then by at least .5% of the qualified electors
2 of his party in the entire county at the last preceding
3 general election, divided by the number of county board
4 districts, but in any event not less than 25 qualified
5 primary electors of his party in the district.
6 (d) If for a municipal or township office by at
7 least .5% of the qualified primary electors of his party
8 in the municipality or township; if for alderman, by at
9 least .5% of the voters of his party of his ward. In the
10 case of an election for alderman or trustee of a
11 municipality to be elected from a ward or district, for
12 the first primary following a redistricting or the
13 initial establishment of wards or districts, then by .5%
14 of the total number of votes cast for the candidate of
15 such political party who received the highest number of
16 votes in the entire municipality at the last regular
17 election at which an officer was regularly scheduled to
18 be elected from the entire municipality, divided by the
19 number of wards or districts, but in any event not less
20 than 25 qualified primary electors of his party in the
21 ward or district.
22 (e) If for State central committeeman, by at least
23 100 of the primary electors of his or her party of his or
24 her congressional district.
25 (f) If for a candidate for trustee of a sanitary
26 district in which trustees are not elected from wards, by
27 at least .5% of the primary electors of his party, from
28 such sanitary district.
29 (g) If for a candidate for trustee of a sanitary
30 district in which the trustees are elected from wards, by
31 at least .5% of the primary electors of his party in his
32 ward of such sanitary district, except that for the first
33 primary following a reapportionment of the district such
34 petitions shall be signed by at least 150 qualified
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1 primary electors of the candidate's ward of such sanitary
2 district.
3 (h) If for a candidate for judicial office, by at
4 least 500 qualified primary electors of his or her
5 judicial district, circuit, or subcircuit, as the case
6 may be.
7 (i) If for a candidate for precinct committeeman,
8 by at least 10 primary electors of his or her party of
9 his or her precinct; if for a candidate for ward
10 committeeman, by not less than 10% nor more than 16% (or
11 50 more than the minimum, whichever is greater) of the
12 primary electors of his party of his ward; if for a
13 candidate for township committeeman, by not less than 5%
14 nor more than 8% (or 50 more than the minimum, whichever
15 is greater) of the primary electors of his party in his
16 township or part of a township as the case may be.
17 (j) If for a candidate for State's Attorney or
18 Regional Superintendent of Schools to serve 2 or more
19 counties, by at least .5% of the primary electors of his
20 party in the territory comprising such counties.
21 (k) If for any other office by at least .5% of the
22 total number of registered voters of the political
23 subdivision, district or division for which the
24 nomination is made or a minimum of 25, whichever is
25 greater.
26 For the purposes of this Section the number of primary
27 electors shall be determined by taking the total vote cast,
28 in the applicable district, for the candidate for such
29 political party who received the highest number of votes,
30 state-wide, at the last general election in the State at
31 which electors for President of the United States were
32 elected. For political subdivisions, the number of primary
33 electors shall be determined by taking the total vote cast
34 for the candidate for such political party who received the
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1 highest number of votes in such political subdivision at the
2 last regular election at which an officer was regularly
3 scheduled to be elected from that subdivision. For wards or
4 districts of political subdivisions, the number of primary
5 electors shall be determined by taking the total vote cast
6 for the candidate for such political party who received the
7 highest number of votes in such ward or district at the last
8 regular election at which an officer was regularly scheduled
9 to be elected from that ward or district.
10 A "qualified primary elector" of a party may not sign
11 petitions for or be a candidate in the primary of more than
12 one party.
13 (Source: P.A. 87-1052; 88-89; revised 10-20-98.)
14 (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
15 Sec. 8-8. Form of petition for nomination. The name of
16 no candidate for nomination shall be printed upon the primary
17 ballot unless a petition for nomination shall have been filed
18 in his behalf as provided for in this Section. Each such
19 petition shall include as a part thereof the oath required by
20 Section 7-10.1 of this Act and a statement of candidacy by
21 the candidate filing or in whose behalf the petition is
22 filed. This statement shall set out the address of such
23 candidate, the office for which he is a candidate, shall
24 state that the candidate is a qualified primary voter of the
25 party to which the petition relates, is qualified for the
26 office specified and has filed a statement of economic
27 interests as required by the Illinois Governmental Ethics
28 Act, shall request that the candidate's name be placed upon
29 the official ballot and shall be subscribed and sworn by such
30 candidate before some officer authorized to take
31 acknowledgment of deeds in this State and may be in
32 substantially the following form:
33 State of Illinois)
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1 ) ss.
2 County ..........)
3 I, ...., being first duly sworn, say that I reside at
4 .... street in the city (or village of) .... in the county of
5 .... State of Illinois; that I am a qualified voter therein
6 and am a qualified primary voter of .... party; that I am a
7 candidate for nomination to the office of .... to be voted
8 upon at the primary election to be held on (insert date); the
9 .... day of ...., 19..; that I am legally qualified to hold
10 such office and that I have filed a statement of economic
11 interests as required by the Illinois Governmental Ethics Act
12 and I hereby request that my name be printed upon the
13 official primary ballot for nomination for such office.
14 Signed ....................
15 Subscribed and sworn to (or affirmed) before me by ....,
16 who is to me personally known, on (insert date). this ....
17 day of .... 19...
18 Signed .... (Official Character)
19 (Seal if officer has one.)
20 All petitions for nomination for the office of State
21 Senator shall be signed by 1% or 600, whichever is greater,
22 of the qualified primary electors of the candidate's party in
23 his legislative district, except that for the first primary
24 following a redistricting of legislative districts, such
25 petitions shall be signed by at least 600 qualified primary
26 electors of the candidate's party in his legislative
27 district.
28 All petitions for nomination for the office of
29 Representative in the General Assembly shall be signed by at
30 least 1% or 300, whichever is greater, of the qualified
31 primary electors of the candidate's party in his or her
32 representative district, except that for the first primary
33 following a redistricting of representative districts such
34 petitions shall be signed by at least 300 qualified primary
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1 electors of the candidate's party in his or her
2 representative district.
3 Opposite the signature of each qualified primary elector
4 who signs a petition for nomination for the office of State
5 Representative or State Senator such elector's residence
6 address shall be written or printed. The residence address
7 required to be written or printed opposite each qualified
8 primary elector's name shall include the street address or
9 rural route number of the signer, as the case may be, as well
10 as the signer's county and city, village or town.
11 For the purposes of this Section, the number of primary
12 electors shall be determined by taking the total vote cast,
13 in the applicable district, for the candidate for such
14 political party who received the highest number of votes,
15 state-wide, at the last general election in the State at
16 which electors for President of the United States were
17 elected.
18 A "qualified primary elector" of a party may not sign
19 petitions for or be a candidate in the primary of more than
20 one party.
21 In the affidavit at the bottom of each sheet, the
22 petition circulator, who shall have been a registered voter
23 at all times he or she circulated the petition, shall state
24 his street address or rural route number, as the case may be,
25 as well as his county and city, village or town.
26 In the affidavit at the bottom of each petition sheet,
27 the petition circulator shall either (1) indicate the dates
28 on which he or she circulated that sheet, or (2) indicate the
29 first and last dates on which the sheet was circulated, or
30 (3) certify that none of the signatures on the sheet were
31 signed more than 90 days preceding the last day for the
32 filing of the petition. No petition sheet shall be
33 circulated more than 90 days preceding the last day provided
34 in Section 8-9 for the filing of such petition.
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1 All petition sheets which are filed with the State Board
2 of Elections shall be the original sheets which have been
3 signed by the voters and by the circulator, and not
4 photocopies or duplicates of such sheets.
5 The person circulating the petition, or the candidate on
6 whose behalf the petition is circulated, may strike any
7 signature from the petition, provided that:;
8 (1) the person striking the signature shall initial
9 the petition at the place where the signature is struck;
10 and
11 (2) the person striking the signature shall sign a
12 certification listing the page number and line number of
13 each signature struck from the petition. Such
14 certification shall be filed as a part of the petition.
15 (Source: P.A. 86-867; 86-875; 86-1028; 86-1348; 87-1052;
16 revised 10-20-98.)
17 (10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
18 Sec. 10-4. Form of petition for nomination. All
19 petitions for nomination under this Article 10 for candidates
20 for public office in this State, shall in addition to other
21 requirements provided by law, be as follows: Such petitions
22 shall consist of sheets of uniform size and each sheet shall
23 contain, above the space for signature, an appropriate
24 heading, giving the information as to name of candidate or
25 candidates in whose behalf such petition is signed; the
26 office; the party; place of residence; and such other
27 information or wording as required to make same valid, and
28 the heading of each sheet shall be the same. Such petition
29 shall be signed by the qualified voters in their own proper
30 persons only, and opposite the signature of each signer his
31 residence address shall be written or printed. The residence
32 address required to be written or printed opposite each
33 qualified primary elector's name shall include the street
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1 address or rural route number of the signer, as the case may
2 be, as well as the signer's county, and city, village or town
3 , and state. However, the county or city, village or town,
4 and state of residence of such electors may be printed on the
5 petition forms where all of the such electors signing the
6 petition reside in the same county or city, village or town,
7 and state. Standard abbreviations may be used in writing the
8 residence address, including street number, if any. No
9 signature shall be valid or be counted in considering the
10 validity or sufficiency of such petition unless the
11 requirements of this Section are complied with. At the bottom
12 of each sheet of such petition shall be added a statement,
13 signed by a registered voter of the political division, who
14 has been a registered voter at all times he or she circulated
15 the petition, for which the candidate or candidates shall be
16 nominated; stating the street address or rural route number
17 of the voter, as the case may be, as well as the voter's
18 county, and city, village or town, and state certifying that
19 the signatures on that sheet of the petition were signed in
20 his presence; certifying that the signatures are genuine; and
21 either (1) indicating the dates on which that sheet was
22 circulated, or (2) indicating the first and last dates on
23 which the sheet was circulated, or (3) certifying that none
24 of the signatures on the sheet were signed more than 90 days
25 preceding the last day for the filing of the petition, or
26 more than 45 days preceding the last day for filing of the
27 petition in the case of political party and independent
28 candidates for single or multi-county regional
29 superintendents of schools in the 1994 general primary
30 election; and certifying that to the best of his knowledge
31 and belief the persons so signing were at the time of signing
32 the petition duly registered voters under Articles 4, 5 or 6
33 of the Code of the political subdivision or district for
34 which the candidate or candidates shall be nominated, and
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1 certifying that their respective residences are correctly
2 stated therein. Such statement shall be sworn to before some
3 officer authorized to administer oaths in this State. No
4 petition sheet shall be circulated more than 90 days
5 preceding the last day provided in Section 10-6 for the
6 filing of such petition, or more than 45 days preceding the
7 last day for filing of the petition in the case of political
8 party and independent candidates for single or multi-county
9 regional superintendents of schools in the 1994 general
10 primary election. Such sheets, before being presented to the
11 electoral board or filed with the proper officer of the
12 electoral district or division of the state or municipality,
13 as the case may be, shall be neatly fastened together in book
14 form, by placing the sheets in a pile and fastening them
15 together at one edge in a secure and suitable manner, and the
16 sheets shall then be numbered consecutively. The sheets
17 shall not be fastened by pasting them together end to end, so
18 as to form a continuous strip or roll. All petition sheets
19 which are filed with the proper local election officials,
20 election authorities or the State Board of Elections shall be
21 the original sheets which have been signed by the voters and
22 by the circulator, and not photocopies or duplicates of such
23 sheets. A petition, when presented or filed, shall not be
24 withdrawn, altered, or added to, and no signature shall be
25 revoked except by revocation in writing presented or filed
26 with the officers or officer with whom the petition is
27 required to be presented or filed, and before the presentment
28 or filing of such petition. Whoever forges any name of a
29 signer upon any petition shall be deemed guilty of a forgery,
30 and on conviction thereof, shall be punished accordingly.
31 The word "petition" or "petition for nomination", as used
32 herein, shall mean what is sometimes known as nomination
33 papers, in distinction to what is known as a certificate of
34 nomination. The words "political division for which the
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1 candidate is nominated", or its equivalent, shall mean the
2 largest political division in which all qualified voters may
3 vote upon such candidate or candidates, as the state in the
4 case of state officers; the township in the case of township
5 officers et cetera. Provided, further, that no person shall
6 circulate or certify petitions for candidates of more than
7 one political party, or for an independent candidate or
8 candidates in addition to one political party, to be voted
9 upon at the next primary or general election, or for such
10 candidates and parties with respect to the same political
11 subdivision at the next consolidated election.
12 (Source: P.A. 87-1052; 88-89.)
13 (10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
14 Sec. 28-3. Form of petition for public question.
15 Petitions for the submission of public questions shall
16 consist of sheets of uniform size and each sheet shall
17 contain, above the space for signature, an appropriate
18 heading, giving the information as to the question of public
19 policy to be submitted, and specifying the state at large or
20 the political subdivision or district or precinct or
21 combination of precincts or other territory in which it is to
22 be submitted and, where by law the public question must be
23 submitted at a particular election, the election at which it
24 is to be submitted. In the case of a petition for the
25 submission of a public question described in subsection (b)
26 of Section 28-6, the heading shall also specify the regular
27 election at which the question is to be submitted and include
28 the precincts included in the territory concerning which the
29 public question is to be submitted, as well as a common
30 description of such territory in plain and nonlegal language,
31 such description to describe the territory by reference to
32 streets, natural or artificial landmarks, addresses or any
33 other method which would enable a voter signing the petition
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1 to be informed of the territory concerning which the question
2 is to be submitted. The heading of each sheet shall be the
3 same. Such petition shall be signed by the registered voters
4 of the political subdivision or district or precinct or
5 combination of precincts in which the question of public
6 policy is to be submitted in their own proper persons only,
7 and opposite the signature of each signer his residence
8 address shall be written or printed, which residence address
9 shall include the street address or rural route number of the
10 signer, as the case may be, as well as the signer's county,
11 and city, village or town, and state; provided that the
12 county or city, village or town, and state of residence of
13 such electors may be printed on the petition forms where all
14 of the such electors signing the petition reside in the same
15 county or city, village or town, and state. Standard
16 abbreviations may be used in writing the residence address,
17 including street number, if any. No signature shall be valid
18 or be counted in considering the validity or sufficiency of
19 such petition unless the requirements of this Section are
20 complied with.
21 At the bottom of each sheet of such petition shall be
22 added a statement, signed by a registered voter, who has been
23 a registered voter at all times he or she circulated the
24 petition, of the political subdivision or district or
25 precinct or combination of precincts in which the question of
26 public policy is to be submitted, stating the street address
27 or rural route number of the voter, as the case may be, as
28 well as the voter's county, and city, village or town, and
29 state certifying that the signatures on that sheet of the
30 petition were signed in his presence and are genuine, and
31 that to the best of his knowledge and belief the persons so
32 signing were at the time of signing the petition registered
33 voters of the political subdivision or district or precinct
34 or combination of precincts in which the question of public
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1 policy is to be submitted and that their respective
2 residences are correctly stated therein. Such statement shall
3 be sworn to before some officer authorized to administer
4 oaths in this State.
5 Such sheets, before being filed with the proper officer
6 or board shall be bound securely and numbered consecutively.
7 The sheets shall not be fastened by pasting them together end
8 to end, so as to form a continuous strip or roll. All
9 petition sheets which are filed with the proper local
10 election officials, election authorities or the State Board
11 of Elections shall be the original sheets which have been
12 signed by the voters and by the circulator, and not
13 photocopies or duplicates of such sheets. A petition, when
14 presented or filed, shall not be withdrawn, altered, or added
15 to, and no signature shall be revoked except by revocation in
16 writing presented or filed with the board or officer with
17 whom the petition is required to be presented or filed, and
18 before the presentment or filing of such petition, except as
19 may otherwise be provided in another statute which authorize
20 the public question. Whoever forges any name of a signer upon
21 any petition shall be deemed guilty of a forgery, and on
22 conviction thereof, shall be punished accordingly.
23 In addition to the foregoing requirements, a petition
24 proposing an amendment to Article IV of the Constitution
25 pursuant to Section 3 of Article XIV of the Constitution or a
26 petition proposing a question of public policy to be
27 submitted to the voters of the entire State shall be in
28 conformity with the requirements of Section 28-9 of this
29 Article.
30 If multiple sets of petitions for submission of the same
31 public questions are filed, the State Board of Elections,
32 appropriate election authority or local election official
33 where the petitions are filed shall within 2 business days
34 notify the proponent of his or her multiple petition filings
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1 and that proponent has 3 business days after receipt of the
2 notice to notify the State Board of Elections, appropriate
3 election authority or local election official that he or she
4 may cancel prior sets of petitions. If the proponent
5 notifies the State Board of Elections, appropriate election
6 authority or local election official, the last set of
7 petitions filed shall be the only petitions to be considered
8 valid by the State Board of Elections, appropriate election
9 authority or local election official. If the proponent fails
10 to notify the State Board of Elections, appropriate election
11 authority or local election official then only the first set
12 of petitions filed shall be valid and all subsequent
13 petitions shall be void.
14 (Source: P.A. 86-867; 87-1052.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.
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