Sen. Linda Holmes
Filed: 3/10/2017
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1 | AMENDMENT TO SENATE BILL 1459
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2 | AMENDMENT NO. ______. Amend Senate Bill 1459 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Notary Public Act is amended by | ||||||
5 | changing Sections 1-104, 3-101, 3-102, 6-101, 6-102, 6-103, | ||||||
6 | 6-104, and 6-105 and by adding Section 6-102.5 as follows:
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7 | (5 ILCS 312/1-104) (from Ch. 102, par. 201-104)
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8 | Sec. 1-104. Notary Public and Notarization Defined. | ||||||
9 | (a) The terms "notary public" and "notary" are used | ||||||
10 | interchangeably to
mean any individual appointed and | ||||||
11 | commissioned to perform notarial acts , and include electronic | ||||||
12 | notaries public performing notarial acts, except where | ||||||
13 | expressly provided otherwise .
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14 | (a-5) "Electronic notary public" means any individual | ||||||
15 | appointed and commissioned to perform notarial acts involving | ||||||
16 | electronic documents. |
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1 | (b) "Notarization" means the performance of a notarial act.
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2 | (b-5) "Electronic notarization" means the performance of a | ||||||
3 | notarial act involving electronic documents. | ||||||
4 | (c) "Accredited immigration representative" means a | ||||||
5 | not-for-profit organization recognized by the Board of | ||||||
6 | Immigration Appeals under 8 C.F.R. 292.2(a) and employees of | ||||||
7 | those organizations accredited under 8 C.F.R. 292.2(d).
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8 | (Source: P.A. 93-1001, eff. 8-23-04.)
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9 | (5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
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10 | Sec. 3-101. Official Seal and Signature. | ||||||
11 | (a) Except as provided under subsection (a-5) of this | ||||||
12 | Section, each Each notary public shall, upon receiving the | ||||||
13 | commission from the county
clerk, obtain an official rubber | ||||||
14 | stamp seal with which the notary shall
authenticate his | ||||||
15 | official acts. The rubber stamp seal shall contain the
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16 | following information:
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17 | (1)
the words "Official Seal";
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18 | (2)
the notary's official name;
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19 | (3)
the words "Notary Public", "State of Illinois", and | ||||||
20 | "My commission
expires____________(commission expiration | ||||||
21 | date)"; and
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22 | (4)
a serrated or milled edge border in a rectangular | ||||||
23 | form not more than
one inch in height by two and one-half | ||||||
24 | inches in length surrounding the information.
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25 | (a-5) Each electronic notary public shall also, upon |
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1 | receiving his or her commission, obtain an official electronic | ||||||
2 | seal with which the notary shall authenticate his or her | ||||||
3 | official acts. The electronic seal shall contain the | ||||||
4 | information required under subsection (a) of this Section, and | ||||||
5 | be approved for use by the Secretary of State. | ||||||
6 | For the purposes of this Act, "electronic seal" means | ||||||
7 | information within a notarized electronic document that | ||||||
8 | confirms the notary's name, jurisdiction, and commission | ||||||
9 | expiration date, and generally corresponds to information in | ||||||
10 | notary seals used on paper documents as provided under | ||||||
11 | subsection (a) of this Section. | ||||||
12 | (b) At the time of the notarial act, a notary public shall | ||||||
13 | officially sign every notary certificate and affix the rubber | ||||||
14 | stamp seal clearly and legibly using black ink, so that it is | ||||||
15 | capable of photographic reproduction. The illegibility of any | ||||||
16 | of the information required by this Section does not affect the | ||||||
17 | validity of a transaction.
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18 | This subsection does not apply on or after July 1, 2013.
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19 | (Source: P.A. 95-988, eff. 6-1-09 .)
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20 | (5 ILCS 312/3-102) (from Ch. 102, par. 203-102)
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21 | Sec. 3-102. Notarial Record; Residential Real Property | ||||||
22 | Transactions. | ||||||
23 | (a) This Section shall apply to every notarial act in | ||||||
24 | Illinois involving a document of conveyance that transfers or | ||||||
25 | purports to transfer title to residential real property located |
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1 | in Cook County. If the subject of the notarial act under this | ||||||
2 | Section is performed by way of electronic notarization, that | ||||||
3 | document and the notarization thereof shall conform to the | ||||||
4 | requirements of this Section as much as practicable with regard | ||||||
5 | to electronic documents. The Secretary of State shall adopt any | ||||||
6 | other rules necessary to the performance of electronic | ||||||
7 | notarization under this Section. | ||||||
8 | (b) As used in this Section, the following terms shall have | ||||||
9 | the meanings ascribed to them: | ||||||
10 | (1) "Document of Conveyance" shall mean a written | ||||||
11 | instrument that transfers or purports to transfer title | ||||||
12 | effecting a change in ownership to Residential Real | ||||||
13 | Property, excluding: | ||||||
14 | (i) court-ordered and court-authorized conveyances | ||||||
15 | of Residential Real Property, including without | ||||||
16 | limitation, quit-claim deeds executed pursuant to a | ||||||
17 | marital settlement agreement incorporated into a | ||||||
18 | judgment of dissolution of marriage, and transfers in | ||||||
19 | the administration of a probate estate; | ||||||
20 | (ii) judicial sale deeds relating to Residential | ||||||
21 | Real Property, including without limitation, sale | ||||||
22 | deeds issued pursuant to proceedings to foreclose a | ||||||
23 | mortgage or execute on a levy to enforce a judgment; | ||||||
24 | (iii) deeds transferring ownership of Residential | ||||||
25 | Real Property to a trust where the beneficiary is also | ||||||
26 | the grantor; |
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1 | (iv) deeds from grantors to themselves that are | ||||||
2 | intended to change the nature or type of tenancy by | ||||||
3 | which they own Residential Real Property; | ||||||
4 | (v) deeds from a grantor to the grantor and another | ||||||
5 | natural person that are intended to establish a tenancy | ||||||
6 | by which the grantor and the other natural person own | ||||||
7 | Residential Real Property; | ||||||
8 | (vi) deeds executed to the mortgagee in lieu of | ||||||
9 | foreclosure of a mortgage; and | ||||||
10 | (vii) deeds transferring ownership to a revocable | ||||||
11 | or irrevocable grantor trust where the beneficiary | ||||||
12 | includes the grantor. | ||||||
13 | (2) "Financial Institution" shall mean a State or | ||||||
14 | federally chartered bank, savings and loan association, | ||||||
15 | savings bank, credit union, or trust company.
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16 | (3) "Notarial Record" shall mean the written document | ||||||
17 | created in conformity with this Section by a notary in | ||||||
18 | connection with Documents of Conveyance. | ||||||
19 | (4) "Residential Real Property" shall mean a building | ||||||
20 | or buildings located in Cook County, Illinois and | ||||||
21 | containing one to 4 dwelling units or an individual | ||||||
22 | residential condominium unit. | ||||||
23 | (5) "Title Insurance Agent" shall have the meaning | ||||||
24 | ascribed to it under the Title Insurance Act.
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25 | (6) "Title Insurance Company" shall have the meaning | ||||||
26 | ascribed to it under the Title Insurance Act.
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1 | (c) A notary appointed and commissioned as a notary in | ||||||
2 | Illinois shall, in addition to compliance with other provisions | ||||||
3 | of this Act, create a Notarial Record of each notarial act | ||||||
4 | performed in connection with a Document of Conveyance. The | ||||||
5 | Notarial Record shall contain: | ||||||
6 | (1) The date of the notarial act; | ||||||
7 | (2) The type, title, or a description of the Document | ||||||
8 | of Conveyance being notarized, and the property index | ||||||
9 | number ("PIN") used to identify the Residential Real | ||||||
10 | Property for assessment or taxation purposes and the common | ||||||
11 | street address for the Residential Real Property that is | ||||||
12 | the subject of the Document of Conveyance; | ||||||
13 | (3) The signature, printed name, and residence street | ||||||
14 | address of each person whose signature is the subject of | ||||||
15 | the notarial act and a certification by the person that the | ||||||
16 | property is Residential Real Property as defined in this | ||||||
17 | Section, which states "The undersigned grantor hereby | ||||||
18 | certifies that the real property identified in this | ||||||
19 | Notarial Record is Residential Real Property as defined in | ||||||
20 | the Illinois Notary Public Act". | ||||||
21 | (4) A description of the satisfactory evidence | ||||||
22 | reviewed by the notary to determine the identity of the | ||||||
23 | person whose signature is the subject of the notarial act; | ||||||
24 | (5) The date of notarization, the fee charged for the | ||||||
25 | notarial act, the Notary's home or business phone number, | ||||||
26 | the Notary's residence street address, the Notary's |
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1 | commission expiration date, the correct legal name of the | ||||||
2 | Notary's employer or principal, and the business street | ||||||
3 | address of the Notary's employer or principal; and | ||||||
4 | (6) The notary public shall require the person signing | ||||||
5 | the Document of Conveyance (including an agent acting on | ||||||
6 | behalf of a principal under a duly executed power of | ||||||
7 | attorney), whose signature is the subject of the notarial | ||||||
8 | act, to place his or her right thumbprint on the Notarial | ||||||
9 | Record. If the right thumbprint is not available, then the | ||||||
10 | notary shall have the party use his or her left thumb, or | ||||||
11 | any available finger, and shall so indicate on the Notarial | ||||||
12 | Record. If the party signing the document is physically | ||||||
13 | unable to provide a thumbprint or fingerprint, the notary | ||||||
14 | shall so indicate on the Notarial Record and shall also | ||||||
15 | provide an explanation of that physical condition. The | ||||||
16 | notary may obtain the thumbprint by any means that reliably | ||||||
17 | captures the image of the finger in a physical or | ||||||
18 | electronic medium. | ||||||
19 | (d) If a notarial act under this Section is performed by a | ||||||
20 | notary who is a principal, employee, or agent of a Title | ||||||
21 | Insurance Company, Title Insurance Agent, Financial | ||||||
22 | Institution, or attorney at law, the notary shall deliver the | ||||||
23 | original Notarial Record to the notary's employer or principal | ||||||
24 | within 14 days after the performance of the notarial act for | ||||||
25 | retention for a period of 7 years as part of the employer's or | ||||||
26 | principal's business records. In the event of a sale or merger |
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1 | of any of the foregoing entities or persons, the successor or | ||||||
2 | assignee of the entity or person shall assume the | ||||||
3 | responsibility to maintain the Notarial Record for the balance | ||||||
4 | of the 7-year business records retention period. Liquidation or | ||||||
5 | other cessation of activities in the ordinary course of | ||||||
6 | business by any of the foregoing entities or persons shall | ||||||
7 | relieve the entity or person from the obligation to maintain | ||||||
8 | Notarial Records after delivery of Notarial Records to the | ||||||
9 | Recorder of Deeds of Cook County, Illinois. | ||||||
10 | (e) If a notarial act is performed by a notary who is not a | ||||||
11 | principal, employee, or agent of a Title Insurance Company, | ||||||
12 | Title Insurance Agent, Financial Institution, or attorney at | ||||||
13 | law, the notary shall deliver the original Notarial Record | ||||||
14 | within 14 days after the performance of the notarial act to the | ||||||
15 | Recorder of Deeds of Cook County, Illinois for retention for a | ||||||
16 | period of 7 years, accompanied by a filing fee of $5. | ||||||
17 | (f) The Notarial Record required under subsection (c) of | ||||||
18 | this Section shall be created and maintained for each person | ||||||
19 | whose signature is the subject of a notarial act regarding a | ||||||
20 | Document of Conveyance and shall be in substantially the | ||||||
21 | following form: | ||||||
22 | NOTARIAL RECORD - RESIDENTIAL REAL PROPERTY TRANSACTIONS
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23 | Date Notarized:
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24 | Fee: $
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1 | The undersigned grantor hereby certifies that the real property | ||||||
2 | identified in this Notarial Record is Residential Real Property | ||||||
3 | as defined in the Illinois Notary Public Act. | ||||||
4 | Grantor's (Signer's) Printed Name:
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5 | Grantor's (Signer's) Signature:
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6 | Grantor's (Signer's) Residential Street Address, City, State, | ||||||
7 | and Zip:
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8 | Type or Name of Document of Conveyance:
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9 | PIN No. of Residential Real Property:
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10 | Common Street Address of Residential Real Property:
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11 | Thumbprint or Fingerprint:
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12 | Description of Means of Identification:
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13 | Additional Comments:
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14 | Name of Notary Printed:
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15 | Notary Phone Number:
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1 | Commission Expiration Date:
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2 | Residential Street Address of Notary, City, State, and Zip:
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3 | Name of Notary's Employer or Principal:
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4 | Business Street Address of Notary's Employer or Principal, | ||||||
5 | City, State, and Zip:
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6 | (g) No copies of the original Notarial Record may be made | ||||||
7 | or retained by the Notary. The Notary's employer or principal | ||||||
8 | may retain copies of the Notarial Records as part of its | ||||||
9 | business records, subject to applicable privacy and | ||||||
10 | confidentiality standards. | ||||||
11 | (h) The failure of a notary to comply with the procedure | ||||||
12 | set forth in this Section shall not affect the validity of the | ||||||
13 | Residential Real Property transaction in connection to which | ||||||
14 | the Document of Conveyance is executed, in the absence of | ||||||
15 | fraud. | ||||||
16 | (i) The Notarial Record or other medium containing the | ||||||
17 | thumbprint or fingerprint required by subsection (c)(6) shall | ||||||
18 | be made available or disclosed only upon receipt of a subpoena | ||||||
19 | duly authorized by a court of competent jurisdiction. Such | ||||||
20 | Notarial Record or other medium shall not be subject to | ||||||
21 | disclosure under the Freedom of Information Act and shall not |
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1 | be made available to any other party, other than a party in | ||||||
2 | succession of interest to the party maintaining the Notarial | ||||||
3 | Record or other medium pursuant to subsection (d) or (e). | ||||||
4 | (j) In the event there is a breach in the security of a | ||||||
5 | Notarial Record maintained pursuant to subsections (d) and (e) | ||||||
6 | by the Recorder of Deeds of Cook County, Illinois, the Recorder | ||||||
7 | shall notify the person identified as the "signer" in the | ||||||
8 | Notarial Record at the signer's residential street address set | ||||||
9 | forth in the Notarial Record. "Breach" shall mean unauthorized | ||||||
10 | acquisition of the fingerprint data contained in the Notarial | ||||||
11 | Record that compromises the security, confidentiality, or | ||||||
12 | integrity of the fingerprint data maintained by the Recorder. | ||||||
13 | The notification shall be in writing and made in the most | ||||||
14 | expedient time possible and without unreasonable delay, | ||||||
15 | consistent with any measures necessary to determine the scope | ||||||
16 | of the breach and restore the reasonable security, | ||||||
17 | confidentiality, and integrity of the Recorder's data system.
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18 | (k) Subsections (a) through (i) shall not apply on and | ||||||
19 | after July 1, 2018.
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20 | (Source: P.A. 97-508, eff. 8-23-11; 98-29, eff. 6-21-13.)
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21 | (5 ILCS 312/6-101) (from Ch. 102, par. 206-101)
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22 | Sec. 6-101. Definitions. | ||||||
23 | (a) "Notarial act" means any act that a notary public of | ||||||
24 | this State is
authorized to perform and includes taking an | ||||||
25 | acknowledgment, administering
an oath or affirmation, taking a |
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1 | verification upon oath or affirmation, and
witnessing or | ||||||
2 | attesting a signature.
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3 | (a-5) "Electronic notarial act" means any act that a notary | ||||||
4 | public of this State may perform under subsection (a) of this | ||||||
5 | Section that involves electronic documents. | ||||||
6 | (a-7) "Electronic signature" means an electronic sound, | ||||||
7 | symbol, or process attached to or logically associated with an | ||||||
8 | electronic document and executed or adopted by a person with | ||||||
9 | the intent to sign the document. | ||||||
10 | (a-9) "Electronic notarial certificate" means the portion | ||||||
11 | of a notarized electronic document that is completed by the | ||||||
12 | notary public, bears the notary's electronic signature, title, | ||||||
13 | commission expiration date, and other required information | ||||||
14 | concerning the date and place of the electronic notarization, | ||||||
15 | and states the facts attested to or certified by the notary in | ||||||
16 | a particular notarization. | ||||||
17 | (b) "Acknowledgment" means a declaration by a person that | ||||||
18 | the person
has executed an instrument for the purposes stated | ||||||
19 | therein and, if the
instrument is executed in a representative | ||||||
20 | capacity, that the person signed
the instrument with proper | ||||||
21 | authority and executed it as the act of the
person or entity | ||||||
22 | represented and identified therein.
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23 | (c) "Verification upon oath or affirmation" means a | ||||||
24 | declaration that a
statement is true made by a person upon oath | ||||||
25 | or affirmation.
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26 | (d) "In a representative capacity" means:
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1 | (1) for and on behalf of a corporation, partnership, | ||||||
2 | trust, or other
entity, as an authorized officer, agent, | ||||||
3 | partner, trustee, or other representative;
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4 | (2) as a public officer, personal representative, | ||||||
5 | guardian, or other
representative, in the capacity recited | ||||||
6 | in the instrument;
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7 | (3) as an attorney in fact for a principal; or
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8 | (4) in any other capacity as an authorized | ||||||
9 | representative of another.
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10 | (Source: P.A. 84-322 .)
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11 | (5 ILCS 312/6-102) (from Ch. 102, par. 206-102)
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12 | Sec. 6-102. Notarial Acts. | ||||||
13 | (a) In taking an acknowledgment, the notary public must | ||||||
14 | determine,
either from personal knowledge or from satisfactory | ||||||
15 | evidence, that the
person appearing before the notary and | ||||||
16 | making the acknowledgment is the
person whose true signature is | ||||||
17 | on the instrument.
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18 | (b) In taking a verification upon oath or affirmation, the | ||||||
19 | notary
public must determine, either from personal knowledge or | ||||||
20 | from satisfactory
evidence, that the person appearing before | ||||||
21 | the notary and making the
verification is the person whose true | ||||||
22 | signature is on the statement verified.
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23 | (c) In witnessing or attesting a signature, the notary | ||||||
24 | public must
determine, either from personal knowledge or from | ||||||
25 | satisfactory evidence,
that the signature is that of the person |
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1 | appearing before the notary and named therein.
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2 | (d) A notary public has satisfactory evidence that a person | ||||||
3 | is the
person whose true signature is on a document if that | ||||||
4 | person:
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5 | (1) is personally known to the notary;
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6 | (2) is identified upon the oath or affirmation of a | ||||||
7 | credible witness
personally known to the notary; or
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8 | (3) is identified on the basis of identification | ||||||
9 | documents. Identification documents are documents that are | ||||||
10 | valid at the time of the notarial act, issued by a state | ||||||
11 | agency, federal government agency, or consulate, and | ||||||
12 | bearing the photographic image of the individual's face and | ||||||
13 | signature of the individual.
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14 | (e) The provisions of this Section do not apply to | ||||||
15 | electronic notarial acts as provided under Section 6-102.5. | ||||||
16 | (Source: P.A. 97-397, eff. 1-1-12; 98-29, eff. 6-21-13.)
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17 | (5 ILCS 312/6-102.5 new) | ||||||
18 | Sec. 6-102.5. Electronic Notarial Acts and Notarization. | ||||||
19 | (a) The Secretary of State shall develop standards for | ||||||
20 | electronic notarial acts and notarization, and the Department | ||||||
21 | of Innovation and Technology shall provide assistance to the | ||||||
22 | Secretary relating to the equipment, security, and | ||||||
23 | technological aspects of the electronic notarization | ||||||
24 | standards. | ||||||
25 | (b) In addition to the requirements of Section 2-102, an |
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1 | applicant to become an electronic notary public shall submit a | ||||||
2 | registration form established by the Secretary for registering | ||||||
3 | and being commissioned as an electronic notary public, which | ||||||
4 | shall include: | ||||||
5 | 1. the applicant's full legal and official notary | ||||||
6 | names; | ||||||
7 | 2. a general description of the technology or | ||||||
8 | technologies the registrant will use to create an | ||||||
9 | electronic signature in performing official acts; | ||||||
10 | 3. certification of compliance with electronic notary | ||||||
11 | standards developed under subsection (a); | ||||||
12 | 4. the electronic mail address of the registrant; and | ||||||
13 | 5. any other information the Secretary may deem | ||||||
14 | necessary. | ||||||
15 | (c) The registration form provided under this Section shall | ||||||
16 | (i) be signed by the applicant using the electronic signature | ||||||
17 | described in the form; (ii) include any decrypting | ||||||
18 | instructions, codes, keys, or software that allow the | ||||||
19 | registration to be read; and (iii) be transmitted | ||||||
20 | electronically to the Secretary. | ||||||
21 | (d) Upon being commissioned as an electronic notary public, | ||||||
22 | a person may perform the notarial acts specified under | ||||||
23 | subsection (a) of Section 6-101. In the case of an electronic | ||||||
24 | notarization, satisfactory evidence of identity of the person | ||||||
25 | for whom the notarial act is being performed may be based upon | ||||||
26 | video and audio conference technology that permits the notary |
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1 | to communicate with and identify that person at the time of the | ||||||
2 | notarial act, provided that such identification is confirmed by | ||||||
3 | (i) personal knowledge; (ii) an antecedent in-person identity | ||||||
4 | proofing process; or (iii) any other form of confirmation as | ||||||
5 | may be required by the Secretary.
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6 | (5 ILCS 312/6-103) (from Ch. 102, par. 206-103)
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7 | Sec. 6-103. Certificate of Notarial Acts. | ||||||
8 | (a) A notarial act must be evidenced by a certificate | ||||||
9 | signed and dated
by the notary public. The certificate must | ||||||
10 | include identification of the
jurisdiction in which the | ||||||
11 | notarial act is performed and the official seal of office.
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12 | (a-5) An electronic notarial act must be evidenced by an | ||||||
13 | electronic notarial certificate with an electronic signature | ||||||
14 | and dated by the electronic notary public. The certificate must | ||||||
15 | include identification of the jurisdiction in which the | ||||||
16 | notarial act is performed and the official electronic seal of | ||||||
17 | office. | ||||||
18 | (b) A certificate of a notarial act or an electronic | ||||||
19 | notarial certificate is sufficient if it meets the
requirements | ||||||
20 | of subsections subsection (a) or (a-5) and it:
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21 | (1) is in the short form set forth in Section 6-105;
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22 | (2) is in a form otherwise prescribed by the law of | ||||||
23 | this State; or
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24 | (3) sets forth the actions of the notary public and | ||||||
25 | those are
sufficient to meet the requirements of the |
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1 | designated notarial act.
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2 | (Source: P.A. 84-322 .)
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3 | (5 ILCS 312/6-104) (from Ch. 102, par. 206-104)
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4 | Sec. 6-104. Acts Prohibited. | ||||||
5 | (a) A notary public shall not use any name or initial in | ||||||
6 | signing
certificates other than that by which the notary was | ||||||
7 | commissioned.
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8 | (b) A notary public shall not acknowledge any instrument in | ||||||
9 | which the
notary's name appears as a party to the transaction.
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10 | (c) A notary public shall not affix his signature to a | ||||||
11 | blank form of
affidavit or certificate of acknowledgment and | ||||||
12 | deliver that form to another
person with intent that it be used | ||||||
13 | as an affidavit or acknowledgment.
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14 | (d) A notary public shall not take the acknowledgment of or | ||||||
15 | administer
an oath to any person whom the notary actually knows | ||||||
16 | to have been adjudged
mentally ill by a court of competent | ||||||
17 | jurisdiction and who has not been
restored to mental health as | ||||||
18 | a matter of record.
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19 | (e) A notary public shall not take the acknowledgment of | ||||||
20 | any person who
is blind until the notary has read the | ||||||
21 | instrument to such person.
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22 | (f) A notary public shall not take the acknowledgment of | ||||||
23 | any person who
does not speak or understand the English | ||||||
24 | language, unless the nature and
effect of the instrument to be | ||||||
25 | notarized is translated into a language
which the person does |
| |||||||
| |||||||
1 | understand.
| ||||||
2 | (g) A notary public shall not change anything in a written | ||||||
3 | instrument
after it has been signed by anyone.
| ||||||
4 | (h) No notary public shall be authorized to prepare any | ||||||
5 | legal
instrument, or fill in the blanks of an instrument, other | ||||||
6 | than a notary
certificate; however, this prohibition shall not | ||||||
7 | prohibit an attorney,
who is also a notary public, from | ||||||
8 | performing notarial acts for any document
prepared by that | ||||||
9 | attorney.
| ||||||
10 | (i) If a notary public accepts or receives any money from | ||||||
11 | any one to
whom an oath has been administered or on behalf of | ||||||
12 | whom an acknowledgment
has been taken for the purpose of | ||||||
13 | transmitting or forwarding such money to
another and willfully | ||||||
14 | fails to transmit or forward such money promptly, the
notary is | ||||||
15 | personally liable for any loss sustained because of such | ||||||
16 | failure.
The person or persons damaged by such failure may | ||||||
17 | bring an action to
recover damages, together with interest and | ||||||
18 | reasonable attorney fees,
against such notary public or his | ||||||
19 | bondsmen.
| ||||||
20 | (j) An electronic notary public shall not take the | ||||||
21 | acknowledgement of any person certifying nominating petitions | ||||||
22 | for political party candidates, judicial office candidates, or | ||||||
23 | any office subject to the provisions of the Election Code. | ||||||
24 | (Source: P.A. 85-421 .)
| ||||||
25 | (5 ILCS 312/6-105) (from Ch. 102, par. 206-105)
|
| |||||||
| |||||||
1 | Sec. 6-105. Short Forms. The following short form | ||||||
2 | certificates of notarial acts are sufficient for
the purposes | ||||||
3 | indicated. Such forms may be made available in electronic form | ||||||
4 | for use in electronic notarial acts.
| ||||||
5 | (a) For an acknowledgment in an individual capacity:
| ||||||
6 | State of _________________
| ||||||
7 | County of ________________
| ||||||
8 | This instrument was acknowledged before me on | ||||||
9 | ___________(date) by
___________________(name/s of person/s).
| ||||||
10 | |||||||
11 | ____________________________
| ||||||
12 | (Signature of Notary Public)
| ||||||
13 | (Seal)
| ||||||
14 | (b) For an acknowledgment in a representative capacity:
| ||||||
15 | State of ______________________
| ||||||
16 | County of _____________________
| ||||||
17 | This instrument was acknowledged before me on | ||||||
18 | _________(date) by
__________________(name/s of person/s) as
| ||||||
19 | _________________________________(type of authority, e.g., | ||||||
20 | officer,
trustee, etc.) of _________________________(name of | ||||||
21 | party on behalf of whom
instrument was executed).
| ||||||
22 | |||||||
23 | _______________________________
|
| |||||||
| |||||||
1 | (Signature of Notary Public)
| ||||||
2 | (Seal)
| ||||||
3 | (c) For a verification upon oath or affirmation:
| ||||||
4 | State of _________________
| ||||||
5 | County of_________________
| ||||||
6 | Signed and sworn (or affirmed) to before me on | ||||||
7 | _________(date) by
_____________________(name/s of person/s | ||||||
8 | making statement).
| ||||||
9 | |||||||
10 | _______________________________
| ||||||
11 | (Signature of Notary Public)
| ||||||
12 | (Seal)
| ||||||
13 | (d) For witnessing or attesting a signature:
| ||||||
14 | State of_________________
| ||||||
15 | County of _______________
| ||||||
16 | Signed or attested before me on __________(date) by
| ||||||
17 | __________________(name/s of person/s).
| ||||||
18 | |||||||
19 | _______________________________
| ||||||
20 | (Signature of Notary Public)
| ||||||
21 | (Seal)
| ||||||
22 | (Source: P.A. 84-322 .)
|
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | Section 10. The Election Code is amended by changing | |||||||||||||||||||||
2 | Sections 7-10, 8-8, and 10-4 as follows:
| |||||||||||||||||||||
3 | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| |||||||||||||||||||||
4 | Sec. 7-10. Form of petition for nomination. The name of no | |||||||||||||||||||||
5 | candidate for
nomination, or State central committeeman, or | |||||||||||||||||||||
6 | township committeeman, or
precinct committeeman, or ward | |||||||||||||||||||||
7 | committeeman or candidate for delegate or
alternate delegate to | |||||||||||||||||||||
8 | national nominating conventions, shall be printed
upon the | |||||||||||||||||||||
9 | primary ballot unless a petition for nomination has been filed | |||||||||||||||||||||
10 | in
his behalf as provided in this Article in substantially the | |||||||||||||||||||||
11 | following form:
| |||||||||||||||||||||
12 | We, the undersigned, members of and affiliated with the | |||||||||||||||||||||
13 | .... party
and qualified primary electors of the .... party, in | |||||||||||||||||||||
14 | the .... of ....,
in the county of .... and State of Illinois, | |||||||||||||||||||||
15 | do hereby petition that
the following named person or persons | |||||||||||||||||||||
16 | shall be a candidate or candidates
of the .... party for the | |||||||||||||||||||||
17 | nomination for (or in case of committeemen for
election to) the | |||||||||||||||||||||
18 | office or offices hereinafter specified, to be voted
for at the | |||||||||||||||||||||
19 | primary election to be held on (insert date).
| |||||||||||||||||||||
|
| |||||||
| |||||||
1 | Name.................. Address.......................
| ||||||
2 | State of Illinois)
| ||||||
3 | ) ss.
| ||||||
4 | County of........)
| ||||||
5 | I, ...., do hereby certify
that I reside at No. .... | ||||||
6 | street, in the .... of ...., county of ....,
and State of | ||||||
7 | ....., that I am 18 years of age or older, that
I am a citizen | ||||||
8 | of the United States, and that the signatures on this sheet
| ||||||
9 | were signed
in my presence, and are genuine, and that to the | ||||||
10 | best of my knowledge
and belief the persons so signing were at | ||||||
11 | the time of signing the
petitions qualified voters of the .... | ||||||
12 | party, and that their respective
residences are correctly | ||||||
13 | stated, as above set forth.
| ||||||
14 | .........................
| ||||||
15 | Subscribed and sworn to before me on (insert date).
| ||||||
16 | .........................
| ||||||
17 | Each sheet of the petition other than the statement of | ||||||
18 | candidacy and
candidate's statement shall be of uniform size | ||||||
19 | and shall contain above
the space for signatures an appropriate | ||||||
20 | heading giving the information
as to name of candidate or | ||||||
21 | candidates, in whose behalf such petition is
signed; the | ||||||
22 | office, the political party represented and place of
residence; | ||||||
23 | and the heading of each sheet shall be the same.
| ||||||
24 | Such petition shall be signed by qualified primary electors |
| |||||||
| |||||||
1 | residing
in the political division for which the nomination is | ||||||
2 | sought in their
own proper persons only and opposite the | ||||||
3 | signature of each signer, his
residence address shall be | ||||||
4 | written or printed. The residence address
required to be | ||||||
5 | written or printed opposite each qualified primary elector's
| ||||||
6 | name shall include the street address or rural route number of | ||||||
7 | the signer,
as the case may be, as well as the signer's county, | ||||||
8 | and city, village or
town, and state.
However the county or | ||||||
9 | city, village or town, and state of residence of
the electors | ||||||
10 | may be printed on the petition forms where all of the
electors | ||||||
11 | signing the petition reside in the same county or city, village
| ||||||
12 | or town, and state. Standard abbreviations may be used in | ||||||
13 | writing the
residence address, including street number, if any. | ||||||
14 | At the bottom of
each sheet of such petition shall be added a | ||||||
15 | circulator statement signed by
a person 18 years of age or | ||||||
16 | older who is a citizen of the United States,
stating the street | ||||||
17 | address or rural route number, as the case may be, as well
as | ||||||
18 | the county, city, village or town, and state;
and certifying | ||||||
19 | that the signatures on that sheet of the petition were signed | ||||||
20 | in
his or her presence and certifying that the signatures are | ||||||
21 | genuine; and
either (1) indicating the dates on which that | ||||||
22 | sheet was circulated, or (2)
indicating the first and last | ||||||
23 | dates on which the sheet was circulated, or (3)
certifying that | ||||||
24 | none of the signatures on the sheet were signed more than 90
| ||||||
25 | days preceding the last day for the filing of the petition and | ||||||
26 | certifying that
to the best of his or her knowledge and belief |
| |||||||
| |||||||
1 | the persons so signing were at
the time of signing the | ||||||
2 | petitions qualified voters of the political party for
which a | ||||||
3 | nomination is sought. Such statement shall be sworn to before | ||||||
4 | some
officer authorized to administer oaths in this State , but | ||||||
5 | such statement shall not be sworn to by using an electronic | ||||||
6 | notary public as defined in Section 1-104 of the Illinois | ||||||
7 | Notary Public Act .
| ||||||
8 | No petition sheet shall be circulated more than 90 days | ||||||
9 | preceding the
last day provided in Section 7-12 for the filing | ||||||
10 | of such petition.
| ||||||
11 | The person circulating the petition, or the candidate on | ||||||
12 | whose behalf the
petition is circulated, may strike any | ||||||
13 | signature from the petition,
provided that:
| ||||||
14 | (1) the person striking the signature shall initial the | ||||||
15 | petition at
the place where the signature is struck; and
| ||||||
16 | (2) the person striking the signature shall sign a | ||||||
17 | certification
listing the page number and line number of | ||||||
18 | each signature struck from
the petition. Such | ||||||
19 | certification shall be filed as a part of the petition.
| ||||||
20 | Such sheets before being filed shall be neatly fastened | ||||||
21 | together in
book form, by placing the sheets in a pile and | ||||||
22 | fastening them together
at one edge in a secure and suitable | ||||||
23 | manner, and the sheets shall then
be numbered consecutively. | ||||||
24 | The sheets shall not be fastened by pasting
them together end | ||||||
25 | to end, so as to form a continuous strip or roll. All
petition | ||||||
26 | sheets which are filed with the proper local election |
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
1 | officials,
election authorities or the State Board of Elections | |||||||||||||||||||||||||||||
2 | shall be the original
sheets which have been signed by the | |||||||||||||||||||||||||||||
3 | voters and by the circulator thereof,
and not photocopies or | |||||||||||||||||||||||||||||
4 | duplicates of such sheets. Each petition must include
as a part | |||||||||||||||||||||||||||||
5 | thereof, a statement of candidacy for each of the candidates | |||||||||||||||||||||||||||||
6 | filing,
or in whose behalf the petition is filed. This | |||||||||||||||||||||||||||||
7 | statement shall set out the
address of such candidate, the | |||||||||||||||||||||||||||||
8 | office for which he is a candidate, shall state
that the | |||||||||||||||||||||||||||||
9 | candidate is a qualified primary voter of the party to which | |||||||||||||||||||||||||||||
10 | the
petition relates and is qualified for the office specified | |||||||||||||||||||||||||||||
11 | (in the case of a
candidate for State's Attorney it shall state | |||||||||||||||||||||||||||||
12 | that the candidate is at the time
of filing such statement a | |||||||||||||||||||||||||||||
13 | licensed attorney-at-law of this State), shall state
that he | |||||||||||||||||||||||||||||
14 | has filed (or will file before the close of the petition filing | |||||||||||||||||||||||||||||
15 | period)
a statement of economic interests as required by the | |||||||||||||||||||||||||||||
16 | Illinois Governmental
Ethics Act, shall request that the | |||||||||||||||||||||||||||||
17 | candidate's name be placed upon the official
ballot, and shall | |||||||||||||||||||||||||||||
18 | be subscribed and sworn to by such candidate before some
| |||||||||||||||||||||||||||||
19 | officer authorized to take acknowledgment of deeds in the State | |||||||||||||||||||||||||||||
20 | and shall be in
substantially the following form:
| |||||||||||||||||||||||||||||
21 | Statement of Candidacy
| |||||||||||||||||||||||||||||
|
| |||||||
| |||||||
1 | State of Illinois)
| ||||||
2 | ) ss.
| ||||||
3 | County of .......)
| ||||||
4 | I, ...., being first duly sworn, say that I reside at .... | ||||||
5 | Street in the city
(or village) of ...., in the county of ...., | ||||||
6 | State of Illinois; that I
am a qualified voter therein and am a | ||||||
7 | qualified primary voter of the ....
party; that I am a | ||||||
8 | candidate for nomination (for election in the case of
| ||||||
9 | committeeman and delegates and alternate delegates) to the | ||||||
10 | office of ....
to be voted upon at the primary election to be | ||||||
11 | held on (insert date); that I am
legally qualified (including
| ||||||
12 | being the holder of any license that may be an eligibility | ||||||
13 | requirement
for the office I seek the nomination for) to hold | ||||||
14 | such office and that I
have filed (or I will file before the | ||||||
15 | close of the petition filing period)
a statement of economic | ||||||
16 | interests as required by the Illinois
Governmental Ethics Act | ||||||
17 | and I hereby request that my name be printed
upon the official | ||||||
18 | primary ballot for nomination for (or election to in
the case | ||||||
19 | of committeemen and delegates and alternate delegates) such
| ||||||
20 | office.
| ||||||
21 | Signed ......................
| ||||||
22 | Subscribed and sworn to (or affirmed) before me by ...., | ||||||
23 | who is to me
personally known, on (insert date).
| ||||||
24 | Signed ....................
| ||||||
25 | (Official Character)
| ||||||
26 | (Seal, if officer has one.)
|
| |||||||
| |||||||
1 | The petitions, when filed, shall not be withdrawn or added | ||||||
2 | to, and no
signatures shall be revoked except by revocation | ||||||
3 | filed in writing with
the State Board of Elections, election | ||||||
4 | authority or local election
official with whom the petition is | ||||||
5 | required to be filed, and before the
filing of such petition. | ||||||
6 | Whoever forges the name of a signer upon any
petition required | ||||||
7 | by this Article is deemed guilty of a forgery and on
conviction | ||||||
8 | thereof shall be punished accordingly.
| ||||||
9 | A candidate for the offices listed in this Section must | ||||||
10 | obtain the number
of signatures specified in this Section on | ||||||
11 | his or her petition for nomination.
| ||||||
12 | (a) Statewide office or delegate to a national nominating | ||||||
13 | convention. If a
candidate seeks to run for statewide office or | ||||||
14 | as a delegate or alternate
delegate to a national nominating | ||||||
15 | convention elected from the State at-large,
then the | ||||||
16 | candidate's petition for nomination must contain at least 5,000 | ||||||
17 | but
not more than 10,000 signatures.
| ||||||
18 | (b) Congressional office or congressional delegate to a | ||||||
19 | national nominating
convention. If a candidate seeks to run for | ||||||
20 | United States Congress or as a
congressional delegate or | ||||||
21 | alternate congressional delegate to a national
nominating | ||||||
22 | convention elected from a congressional district, then the
| ||||||
23 | candidate's petition for nomination must contain at least the | ||||||
24 | number of
signatures equal to 0.5% of the qualified primary | ||||||
25 | electors of his or her party
in his or her congressional |
| |||||||
| |||||||
1 | district. In the first primary election following a
| ||||||
2 | redistricting of congressional districts, a candidate's | ||||||
3 | petition for nomination
must contain at least 600 signatures of | ||||||
4 | qualified primary electors of the
candidate's political party | ||||||
5 | in his or her congressional district.
| ||||||
6 | (c) County office. If a candidate seeks to run for any | ||||||
7 | countywide office,
including but not limited to county board | ||||||
8 | chairperson or county board
member, elected on an at-large | ||||||
9 | basis, in a county other than Cook County,
then the candidate's | ||||||
10 | petition for nomination must contain at least the number
of | ||||||
11 | signatures equal to 0.5% of the qualified electors of his or | ||||||
12 | her party who
cast votes at the last preceding general election | ||||||
13 | in his or her county. If a
candidate
seeks to run for county | ||||||
14 | board member elected from a county board district, then
the | ||||||
15 | candidate's petition for nomination must contain at least the | ||||||
16 | number of
signatures equal to 0.5% of the qualified primary | ||||||
17 | electors of his or her party
in the
county board district. In | ||||||
18 | the first primary election following a redistricting
of county | ||||||
19 | board districts or the initial establishment of county board
| ||||||
20 | districts, a candidate's petition for nomination must contain | ||||||
21 | at least the
number of signatures equal to 0.5% of the | ||||||
22 | qualified electors of his or her
party
in the entire county who | ||||||
23 | cast votes at the last preceding general election
divided by | ||||||
24 | the
total number of county board districts comprising the | ||||||
25 | county board; provided
that
in no event shall the number of | ||||||
26 | signatures be less than 25.
|
| |||||||
| |||||||
1 | (d) County office; Cook County only.
| ||||||
2 | (1) If a candidate seeks to run for countywide office | ||||||
3 | in Cook County,
then the candidate's petition for | ||||||
4 | nomination must contain at least the number
of signatures | ||||||
5 | equal to 0.5% of the qualified electors of his or her party | ||||||
6 | who
cast votes at the last preceding general election in | ||||||
7 | Cook County.
| ||||||
8 | (2) If a candidate seeks to run for Cook County Board | ||||||
9 | Commissioner,
then the candidate's petition for nomination | ||||||
10 | must contain at least the number
of signatures equal to | ||||||
11 | 0.5% of
the qualified primary electors of his or her party | ||||||
12 | in his or her county board
district. In the first primary | ||||||
13 | election following a redistricting of Cook
County Board of | ||||||
14 | Commissioners districts, a candidate's petition for
| ||||||
15 | nomination must contain at least the number of signatures | ||||||
16 | equal to 0.5% of
the qualified electors of his or her party | ||||||
17 | in the entire county who cast votes
at the last
preceding | ||||||
18 | general election divided by the total number of county | ||||||
19 | board
districts comprising the county board; provided that | ||||||
20 | in no event shall the
number of signatures be less than 25.
| ||||||
21 | (3) If a candidate seeks to run for Cook County Board | ||||||
22 | of Review
Commissioner, which is elected from a district | ||||||
23 | pursuant to subsection (c)
of Section 5-5 of the Property | ||||||
24 | Tax Code, then the candidate's petition for
nomination must | ||||||
25 | contain at least the number of signatures equal to 0.5% of
| ||||||
26 | the total number of registered voters in his or her board |
| |||||||
| |||||||
1 | of
review district in the last general election at which a | ||||||
2 | commissioner was
regularly scheduled to be elected from | ||||||
3 | that board of review district. In no
event shall the number | ||||||
4 | of signatures required be greater than the requisite
number | ||||||
5 | for a candidate who seeks countywide office in Cook County
| ||||||
6 | under subsection (d)(1) of this Section. In the first | ||||||
7 | primary election
following a redistricting of Cook County | ||||||
8 | Board of Review districts, a
candidate's petition for | ||||||
9 | nomination must contain at least 4,000 signatures
or at | ||||||
10 | least the number of signatures required for a countywide | ||||||
11 | candidate in
Cook County, whichever is less,
of the | ||||||
12 | qualified electors of his or her party in the district.
| ||||||
13 | (e) Municipal or township office. If a candidate seeks to | ||||||
14 | run for municipal
or township office, then the candidate's | ||||||
15 | petition for nomination must contain
at least the number of | ||||||
16 | signatures equal to 0.5% of the qualified primary
electors of | ||||||
17 | his or her party in the municipality or township. If a | ||||||
18 | candidate
seeks to run for alderman of a municipality, then the | ||||||
19 | candidate's petition for
nomination must contain at least the | ||||||
20 | number of signatures equal to 0.5% of the
qualified primary | ||||||
21 | electors of his or her party of the ward. In the first
primary | ||||||
22 | election following redistricting of aldermanic wards or | ||||||
23 | trustee
districts of a municipality or the initial | ||||||
24 | establishment of wards or districts,
a candidate's petition for | ||||||
25 | nomination must contain the number of signatures
equal to at | ||||||
26 | least 0.5% of the total number of votes cast for the candidate |
| |||||||
| |||||||
1 | of
that political party who received the highest number of | ||||||
2 | votes in the entire
municipality at the last regular election | ||||||
3 | at which an officer was regularly
scheduled to be elected from
| ||||||
4 | the entire municipality, divided by the number of wards or | ||||||
5 | districts. In no
event shall the number of signatures be less | ||||||
6 | than 25.
| ||||||
7 | (f) State central committeeperson. If a candidate seeks to | ||||||
8 | run for State
central committeeperson, then the candidate's | ||||||
9 | petition for nomination must
contain at least 100 signatures of | ||||||
10 | the primary electors of his or her party of
his or
her | ||||||
11 | congressional district.
| ||||||
12 | (g) Sanitary district trustee. If a candidate seeks to run | ||||||
13 | for trustee of a
sanitary district in which trustees are not | ||||||
14 | elected from wards, then the
candidate's petition for | ||||||
15 | nomination must contain at least the number of
signatures equal | ||||||
16 | to 0.5% of the primary electors of his or her party from the
| ||||||
17 | sanitary district. If a candidate seeks to run for trustee
of a | ||||||
18 | sanitary district in which trustees are elected from wards, | ||||||
19 | then the
candidate's petition for
nomination must contain at | ||||||
20 | least the number of signatures equal to 0.5% of the
primary | ||||||
21 | electors of his or her party in the ward of that sanitary | ||||||
22 | district. In
the
first primary election following | ||||||
23 | redistricting of sanitary districts elected
from wards, a | ||||||
24 | candidate's petition for nomination must contain at least the
| ||||||
25 | signatures of 150 qualified primary electors of his or her ward | ||||||
26 | of that
sanitary district.
|
| |||||||
| |||||||
1 | (h) Judicial office. If a candidate seeks to run for | ||||||
2 | judicial office in a district, then the candidate's petition | ||||||
3 | for nomination must contain the number of signatures equal to | ||||||
4 | 0.4% of the number of votes cast in that district for the | ||||||
5 | candidate for his or her political party for the office of | ||||||
6 | Governor at the last general election at which a Governor was | ||||||
7 | elected, but in no event less than 500 signatures. If a | ||||||
8 | candidate seeks to run for judicial office in a
circuit or | ||||||
9 | subcircuit, then the candidate's petition for nomination
must | ||||||
10 | contain the number of signatures equal to 0.25% of the number | ||||||
11 | of votes
cast for the judicial candidate of his or her | ||||||
12 | political party who received the
highest number of votes
at the | ||||||
13 | last general election at which a judicial
officer from the same | ||||||
14 | circuit or subcircuit was regularly scheduled
to be elected, | ||||||
15 | but in no event less than 1,000 signatures in circuits and | ||||||
16 | subcircuits located in the First Judicial District or 500 | ||||||
17 | signatures in every other Judicial District.
| ||||||
18 | (i) Precinct, ward, and township committeeperson. If a | ||||||
19 | candidate seeks to
run for precinct committeeperson, then the | ||||||
20 | candidate's petition for nomination
must contain at least 10 | ||||||
21 | signatures of the primary electors of his or her
party for the | ||||||
22 | precinct. If a candidate seeks to run for ward committeeperson,
| ||||||
23 | then the candidate's petition for nomination must contain no | ||||||
24 | less than the
number of signatures equal to 10% of the primary | ||||||
25 | electors of his or her party
of the ward, but no more than 16% | ||||||
26 | of those same electors; provided that the
maximum number of |
| |||||||
| |||||||
1 | signatures may be 50 more than the minimum number, whichever
is | ||||||
2 | greater. If a candidate seeks to run for township | ||||||
3 | committeeperson, then the
candidate's petition for nomination | ||||||
4 | must contain no less than the number of
signatures equal to 5% | ||||||
5 | of the primary electors of his or her party of the
township, | ||||||
6 | but no more than 8% of those same electors;
provided that the | ||||||
7 | maximum number of signatures may be 50 more than the
minimum | ||||||
8 | number, whichever is greater.
| ||||||
9 | (j) State's attorney or regional superintendent of schools | ||||||
10 | for multiple
counties. If
a candidate seeks to run for State's | ||||||
11 | attorney or regional Superintendent of
Schools who serves more | ||||||
12 | than one county, then the candidate's petition for
nomination | ||||||
13 | must contain at least the number of signatures equal to 0.5% of | ||||||
14 | the
primary electors of his or her party in the territory | ||||||
15 | comprising the counties.
| ||||||
16 | (k) Any other office. If a candidate seeks any other | ||||||
17 | office, then the
candidate's petition for nomination must | ||||||
18 | contain at least the number of
signatures equal to 0.5% of the | ||||||
19 | registered voters of the political subdivision,
district, or | ||||||
20 | division for which the nomination is made or 25 signatures,
| ||||||
21 | whichever is greater.
| ||||||
22 | For purposes of this Section the number of primary electors | ||||||
23 | shall be
determined by taking the total vote cast, in the | ||||||
24 | applicable district, for the
candidate for that political party | ||||||
25 | who received the highest number of votes,
statewide, at the | ||||||
26 | last general election in the State at which electors for
|
| |||||||
| |||||||
1 | President of the United States were elected. For political | ||||||
2 | subdivisions, the
number of primary electors shall be | ||||||
3 | determined by taking the total vote
cast for the candidate for | ||||||
4 | that political party who received the highest number
of votes | ||||||
5 | in the political subdivision at the last regular election at | ||||||
6 | which an
officer was regularly scheduled to be elected from | ||||||
7 | that subdivision. For wards
or districts of political | ||||||
8 | subdivisions, the number of primary electors shall be
| ||||||
9 | determined by taking the total vote cast for the candidate for | ||||||
10 | that political
party who received the highest number of votes | ||||||
11 | in the ward or district at the
last regular election at which | ||||||
12 | an officer was regularly scheduled to be elected
from that ward | ||||||
13 | or district.
| ||||||
14 | A "qualified primary elector" of a party may not
sign | ||||||
15 | petitions for or be a candidate in the primary of more than
one | ||||||
16 | party.
| ||||||
17 | The changes made to this Section of this amendatory Act of | ||||||
18 | the 93rd General
Assembly are declarative of existing law, | ||||||
19 | except for item (3) of subsection
(d).
| ||||||
20 | Petitions of candidates for nomination for offices herein | ||||||
21 | specified,
to be filed with the same officer, may contain the | ||||||
22 | names of 2 or more
candidates of the same political party for | ||||||
23 | the same or different
offices. In the case of the offices of | ||||||
24 | Governor and Lieutenant Governor, a joint petition including | ||||||
25 | one candidate for each of those offices must be filed.
| ||||||
26 | (Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
| ||||||
2 | Sec. 8-8. Form of petition for nomination. The name of no | ||||||
3 | candidate for nomination shall be printed
upon the primary | ||||||
4 | ballot unless a petition for nomination shall have been
filed | ||||||
5 | in his behalf as provided for in this Section. Each such | ||||||
6 | petition
shall include as a part thereof the oath required by | ||||||
7 | Section 7-10.1 of
this Act and a statement of candidacy by the | ||||||
8 | candidate filing or in
whose behalf the petition is filed. This | ||||||
9 | statement shall set out the
address of such candidate, the | ||||||
10 | office for which he is a candidate, shall
state that the | ||||||
11 | candidate is a qualified primary voter of the party to
which | ||||||
12 | the petition relates, is qualified for the office specified and
| ||||||
13 | has filed a statement of economic interests as required by the | ||||||
14 | Illinois
Governmental Ethics Act, shall request that the | ||||||
15 | candidate's name be
placed upon the official ballot and shall | ||||||
16 | be subscribed and sworn by
such candidate before some officer | ||||||
17 | authorized to take acknowledgment of
deeds in this State and | ||||||
18 | may be in substantially the following form:
| ||||||
19 | State of Illinois)
| ||||||
20 | ) ss.
| ||||||
21 | County ..........)
| ||||||
22 | I, ...., being first duly sworn, say that I reside at .... | ||||||
23 | street in
the city (or village of) .... in the county of .... | ||||||
24 | State of Illinois;
that I am a qualified voter therein and am a | ||||||
25 | qualified primary voter of
.... party; that I am a candidate |
| |||||||
| |||||||
1 | for nomination to the office of ....
to be voted upon at the | ||||||
2 | primary election to be held on (insert date);
that I am legally | ||||||
3 | qualified to hold such office and
that I have filed a statement | ||||||
4 | of economic interests as required by the
Illinois Governmental | ||||||
5 | Ethics Act and I hereby request that my name be
printed upon | ||||||
6 | the official primary ballot for nomination for such office.
| ||||||
7 | Signed ....................
| ||||||
8 | Subscribed and sworn to (or affirmed) before me by ...., | ||||||
9 | who is to me
personally known, on (insert date).
| ||||||
10 | Signed .... (Official Character)
| ||||||
11 | (Seal if officer has one.)
| ||||||
12 | The receipt issued by the Secretary of State indicating | ||||||
13 | that the candidate has filed the statement of economic | ||||||
14 | interests required by the Illinois Governmental Ethics Act must | ||||||
15 | be filed with the petitions for nomination as provided in | ||||||
16 | subsection (8) of Section 7-12 of this Code.
| ||||||
17 | All petitions for nomination for the office of State | ||||||
18 | Senator shall be signed
by at least 1,000 but not more than | ||||||
19 | 3,000 of the qualified primary electors of
the candidate's | ||||||
20 | party in his legislative district.
| ||||||
21 | All petitions for nomination for the office of | ||||||
22 | Representative in the General
Assembly shall be signed by at | ||||||
23 | least 500 but not more than 1,500 of
the qualified primary | ||||||
24 | electors of the candidate's party in his or her
representative | ||||||
25 | district.
| ||||||
26 | Opposite the signature of each qualified primary elector |
| |||||||
| |||||||
1 | who signs a
petition for nomination for the office of State | ||||||
2 | Representative or State
Senator such elector's residence | ||||||
3 | address shall be written or printed. The
residence address | ||||||
4 | required to be written or printed opposite each qualified
| ||||||
5 | primary elector's name shall include the street address or | ||||||
6 | rural route
number of the signer, as the case may be, as well | ||||||
7 | as the signer's county
and city, village or town.
| ||||||
8 | For the purposes of this Section, the number of primary | ||||||
9 | electors shall
be determined by taking the total vote cast, in | ||||||
10 | the applicable district,
for the candidate for such political | ||||||
11 | party who received the highest number
of votes, state-wide, at | ||||||
12 | the last general election in the State at which
electors for | ||||||
13 | President of the United States were elected.
| ||||||
14 | A "qualified primary elector" of a party may not sign | ||||||
15 | petitions for or be a
candidate in the primary of more than one | ||||||
16 | party.
| ||||||
17 | In the affidavit at the bottom of each sheet, the petition | ||||||
18 | circulator,
who shall be a person 18 years of age or older who | ||||||
19 | is a citizen of the United
States, shall state his or her | ||||||
20 | street address or rural route
number, as the
case may be, as | ||||||
21 | well as his or her county, city, village or
town, and state; | ||||||
22 | and
shall certify that the signatures on that sheet of the | ||||||
23 | petition were signed in
his or her presence; and shall certify | ||||||
24 | that the signatures are genuine; and
shall certify
that to the | ||||||
25 | best of his or her knowledge and belief the persons so signing | ||||||
26 | were
at the time of signing the petition qualified primary |
| |||||||
| |||||||
1 | voters for which the
nomination is sought. Such statement shall | ||||||
2 | be sworn to before some officer authorized to administer oaths | ||||||
3 | in this State, but such statement shall not be sworn to by | ||||||
4 | using an electronic notary public as defined in Section 1-104 | ||||||
5 | of the Illinois Notary Public Act.
| ||||||
6 | In the affidavit at the bottom of each petition sheet, the | ||||||
7 | petition
circulator shall either (1) indicate the dates on | ||||||
8 | which he or she
circulated that sheet, or (2) indicate the | ||||||
9 | first and last dates on which
the sheet was circulated, or (3) | ||||||
10 | certify that none of the signatures on the
sheet were signed | ||||||
11 | more than 90 days preceding the last day for the filing
of the | ||||||
12 | petition. No petition sheet shall be circulated more than 90 | ||||||
13 | days
preceding the last day provided in Section 8-9 for the | ||||||
14 | filing of such petition.
| ||||||
15 | All petition sheets which are filed with the State Board of | ||||||
16 | Elections shall
be the original sheets which have been signed | ||||||
17 | by the voters and by the
circulator, and not photocopies or | ||||||
18 | duplicates of such sheets.
| ||||||
19 | The person circulating the petition, or the candidate on | ||||||
20 | whose behalf
the petition is circulated, may strike any | ||||||
21 | signature from the petition,
provided that:
| ||||||
22 | (1) the person striking the signature shall initial the | ||||||
23 | petition at
the place where the signature is struck; and
| ||||||
24 | (2) the person striking the signature shall sign a | ||||||
25 | certification
listing the page number and line number of | ||||||
26 | each signature struck from
the petition. Such |
| |||||||
| |||||||
1 | certification shall be filed as a part of the petition.
| ||||||
2 | (Source: P.A. 97-81, eff. 7-5-11.)
| ||||||
3 | (10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
| ||||||
4 | Sec. 10-4. Form of petition for nomination. All petitions | ||||||
5 | for nomination
under this Article 10 for
candidates for public | ||||||
6 | office in this State, shall in addition to other
requirements | ||||||
7 | provided by law, be as follows: Such petitions shall
consist of | ||||||
8 | sheets of uniform size and each sheet shall contain, above
the | ||||||
9 | space for signature, an appropriate heading, giving the | ||||||
10 | information
as to name of candidate or candidates in whose | ||||||
11 | behalf such petition is
signed; the office; the party; place of | ||||||
12 | residence; and such other
information or wording as required to | ||||||
13 | make same valid, and the heading
of each sheet shall be the | ||||||
14 | same. Such petition shall be signed by the
qualified voters in | ||||||
15 | their own proper persons only, and opposite the
signature of | ||||||
16 | each signer his residence address shall be written or
printed. | ||||||
17 | The residence address required to be written or printed
| ||||||
18 | opposite each qualified primary elector's name shall include | ||||||
19 | the street
address or rural route number of the signer, as the | ||||||
20 | case may be, as well as
the signer's county, and city, village | ||||||
21 | or town, and state. However,
the county or city, village or
| ||||||
22 | town, and state of residence of such electors may be printed on | ||||||
23 | the
petition forms where all of the electors signing the | ||||||
24 | petition
reside in the same county or city, village or town, | ||||||
25 | and state. Standard
abbreviations may be used in writing the |
| |||||||
| |||||||
1 | residence address, including
street number, if any. No | ||||||
2 | signature shall be valid or be counted in
considering the | ||||||
3 | validity or sufficiency of such petition unless the
| ||||||
4 | requirements of this Section are complied with. At the bottom | ||||||
5 | of each
sheet of such petition shall be added a circulator's | ||||||
6 | statement, signed by a
person 18
years of age or older who is a | ||||||
7 | citizen of the United States; stating the street address or | ||||||
8 | rural route
number, as the case may be, as well as the county,
| ||||||
9 | city,
village or town, and state; certifying that the | ||||||
10 | signatures on that sheet of
the petition
were signed in his or | ||||||
11 | her presence; certifying that the signatures are
genuine;
and | ||||||
12 | either (1) indicating the dates on which that sheet was | ||||||
13 | circulated, or (2)
indicating the first and last dates on which | ||||||
14 | the sheet was circulated, or (3)
certifying that none of the | ||||||
15 | signatures on the sheet were signed more than 90
days preceding | ||||||
16 | the last day for the filing of the petition; and
certifying
| ||||||
17 | that to the best of his knowledge and belief the persons so | ||||||
18 | signing were at the
time of signing the petition duly | ||||||
19 | registered voters under Articles 4, 5 or 6 of
the Code of the | ||||||
20 | political subdivision or district for which the candidate or
| ||||||
21 | candidates shall be nominated, and certifying that their | ||||||
22 | respective residences
are correctly stated therein. Such | ||||||
23 | statement shall be sworn to before some
officer authorized to | ||||||
24 | administer oaths in this State , but such statement shall not be | ||||||
25 | sworn to by using an electronic notary public as defined in | ||||||
26 | Section 1-104 of the Illinois Notary Public Act . No petition |
| |||||||
| |||||||
1 | sheet shall
be circulated more than 90 days preceding the last | ||||||
2 | day provided in Section 10-6
for the filing of such petition. | ||||||
3 | Such sheets, before being presented to the
electoral board or | ||||||
4 | filed with the proper officer of the electoral district or
| ||||||
5 | division of the state or municipality, as the case may be, | ||||||
6 | shall be neatly
fastened together in book form, by placing the | ||||||
7 | sheets in a pile and fastening
them together at one edge in a | ||||||
8 | secure and suitable manner, and the sheets shall
then be | ||||||
9 | numbered consecutively. The sheets shall not be fastened by | ||||||
10 | pasting
them together end to end, so as to form a continuous | ||||||
11 | strip or roll. All
petition sheets which are filed with the | ||||||
12 | proper local election officials,
election authorities or the | ||||||
13 | State Board of Elections shall be the original
sheets which | ||||||
14 | have been signed by the voters and by the circulator, and not
| ||||||
15 | photocopies or duplicates of such sheets. A petition, when | ||||||
16 | presented or
filed, shall not be withdrawn, altered, or added | ||||||
17 | to, and no signature shall be
revoked except by revocation in | ||||||
18 | writing presented or filed with the officers or
officer with | ||||||
19 | whom the petition is required to be presented or filed, and | ||||||
20 | before
the presentment or filing of such petition. Whoever | ||||||
21 | forges any name of a
signer upon any petition shall be deemed | ||||||
22 | guilty of a forgery, and on conviction
thereof, shall be | ||||||
23 | punished accordingly. The word "petition" or "petition for
| ||||||
24 | nomination", as used herein, shall mean what is sometimes known | ||||||
25 | as nomination
papers, in distinction to what is known as a | ||||||
26 | certificate of nomination. The
words "political division for |
| |||||||
| |||||||
1 | which the candidate is nominated", or its
equivalent, shall | ||||||
2 | mean the largest political division in which all qualified
| ||||||
3 | voters may vote upon such candidate or candidates, as the state | ||||||
4 | in the case of
state officers; the township in the case of | ||||||
5 | township officers et cetera.
Provided, further, that no person | ||||||
6 | shall circulate or certify petitions for
candidates of more | ||||||
7 | than one political party, or for an independent candidate or
| ||||||
8 | candidates in addition to one political party, to be voted upon | ||||||
9 | at the next
primary or general election, or for such candidates | ||||||
10 | and parties with respect to
the same political subdivision at | ||||||
11 | the next consolidated election.
| ||||||
12 | (Source: P.A. 98-756, eff. 7-16-14.)".
|