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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4241
Introduced 12/09/05, by Rep. David Reis SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-12 |
from Ch. 46, par. 7-12 |
10 ILCS 5/8-9 |
from Ch. 46, par. 8-9 |
10 ILCS 5/10-6.2 |
from Ch. 46, par. 10-6.2 |
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Amends the Election Code. Provides that on the first day for filing candidate petitions, the entity with which petitions are filed may not file petitions on behalf of a candidate other than himself or herself.
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A BILL FOR
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HB4241 |
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LRB094 12952 JAM 50978 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing |
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| Sections 7-12, 8-9, and 10-6.2 as follows:
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| (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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| Sec. 7-12. All petitions for nomination shall be filed by |
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| mail or
in person as follows:
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| (1) Where the nomination is to be made for a State, |
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| congressional, or
judicial office, or for any office a |
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| nomination for which is made for a
territorial division or |
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| district which comprises more than one county or
is partly in |
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| one county and partly in another county or counties, then,
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| except as otherwise provided in this Section, such petition for |
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| nomination
shall be filed in the principal office of the State |
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| Board of Elections not
more than 99 and not less than 92 days |
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| prior to the date of the primary,
but, in the case of petitions |
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| for nomination to fill a vacancy by special
election in the |
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| office of representative in Congress from this State, such
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| petition for nomination shall be filed in the principal office |
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| of the State
Board of Elections not more than 57 days and not |
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| less than 50 days prior to
the date of the primary.
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| Where a vacancy occurs in the office of Supreme, Appellate |
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| or Circuit
Court Judge within the 3-week period preceding the |
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| 92nd day before a
general primary election, petitions for |
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| nomination for the office in which
the vacancy has occurred |
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| shall be filed in the principal office of the
State Board of |
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| Elections not more than 78 nor less than 71 days prior to
the |
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| date of the general primary election.
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| Where the nomination is to be made for delegates or |
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| alternate
delegates to a national nominating convention, then |
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| such petition for
nomination shall be filed in the principal |
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HB4241 |
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LRB094 12952 JAM 50978 b |
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| office of the State Board of
Elections not more than 99 and not |
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| less than 92 days prior to the date of
the primary; provided, |
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| however, that if the rules or policies of a national
political |
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| party conflict with such requirements for filing petitions for
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| nomination for delegates or alternate delegates to a national |
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| nominating
convention, the chairman of the State central |
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| committee of such national
political party shall notify the |
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| Board in writing, citing by reference the
rules or policies of |
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| the national political party in conflict, and in such
case the |
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| Board shall direct such petitions to be filed not more than 69 |
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| and
not less than 62 days prior to the date of the primary.
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| (2) Where the nomination is to be made for a county office |
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| or trustee
of a sanitary district then such petition shall be |
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| filed in the office
of the county clerk not more than 99 nor |
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| less than 92 days prior to the
date of the primary.
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| (3) Where the nomination is to be made for a municipal or |
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| township
office, such petitions for nomination shall be filed |
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| in the office of
the local election official, not more than 78 |
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| nor less than 71 days
prior to the date of the primary; |
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| provided, where a municipality's or
township's boundaries are |
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| coextensive with or are entirely within the
jurisdiction of a |
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| municipal board of election commissioners, the petitions
shall |
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| be filed in the office of such board; and provided, that |
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| petitions
for the office of multi-township assessor shall be |
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| filed with the election
authority.
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| (4) The petitions of candidates for State central |
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| committeeman shall
be filed in the principal office of the |
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| State Board of Elections not
more than 99 nor less than 92 days |
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| prior to the date of the primary.
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| (5) Petitions of candidates for precinct, township or ward
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| committeemen shall be filed in the office of the county clerk |
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| not more
than 99 nor less than 92 days prior to the date of the |
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| primary.
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| (6) The State Board of Elections and the various election |
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| authorities
and local election officials with whom such |
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| petitions for nominations
are filed shall specify the place |
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LRB094 12952 JAM 50978 b |
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| where filings shall be made and upon
receipt shall endorse |
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| thereon the day and hour on which each petition
was filed. All |
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| petitions filed by persons waiting in line as of 8:00
a.m. on |
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| the first day for filing, or as of the normal opening hour of
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| the office involved on such day, shall be deemed filed as of |
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| 8:00 a.m.
or the normal opening hour, as the case may be. On |
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| the first day for filing petitions, the State Board of |
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| Elections and its employees, an election authority and its |
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| employees, and a local election official and his or her |
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| employees shall not file petitions with the State Board, that |
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| election authority, or that local election official, |
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| respectively, on behalf of a person (other than on behalf of |
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| himself or herself, in the case of a county clerk or local |
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| election official). Petitions filed by mail
and received after |
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| midnight of the first day for filing and in the first
mail |
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| delivery or pickup of that day shall be deemed as filed as of |
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| 8:00
a.m. of that day or as of the normal opening hour of such |
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| day, as the
case may be. All petitions received thereafter |
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| shall be deemed as filed
in the order of actual receipt. Where |
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| 2 or more petitions are received
simultaneously, the State |
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| Board of Elections or the various election
authorities or local |
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| election officials with whom such petitions are
filed shall |
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| break ties and determine the order of filing, by means of a
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| lottery or other fair and impartial method of random selection |
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| approved
by the State Board of Elections. Such lottery shall be |
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| conducted within
9 days following the last day for petition |
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| filing and shall be open to the
public. Seven days written |
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| notice of the time and place of conducting such
random |
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| selection shall be given by the State Board of Elections to the
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| chairman of the State central committee of each established |
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| political
party, and by each election authority or local |
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| election official, to the
County Chairman of each established |
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| political party, and to each
organization of citizens within |
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| the election jurisdiction which was
entitled, under this |
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| Article, at the next preceding election, to have
pollwatchers |
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| present on the day of election. The State Board of Elections,
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HB4241 |
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LRB094 12952 JAM 50978 b |
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| election authority or local election official shall post in a |
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| conspicuous,
open and public place, at the entrance of the |
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| office, notice of the time
and place of such lottery. The State |
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| Board of Elections shall adopt rules
and regulations governing |
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| the procedures for the conduct of such lottery.
All candidates |
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| shall be certified in the order in which their petitions
have |
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| been filed. Where candidates have filed simultaneously, they |
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| shall be
certified in the order determined by lot and prior to |
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| candidates who filed
for the same office at a later time.
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| (7) The State Board of Elections or the appropriate |
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| election
authority or local election official with whom such a |
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| petition for
nomination is filed shall notify the person for |
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| whom a petition for
nomination has been filed of the obligation |
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| to file statements of
organization, reports of campaign |
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| contributions, and annual reports of
campaign contributions |
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| and expenditures under Article 9 of this Act.
Such notice shall |
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| be given in the manner prescribed by paragraph (7) of
Section |
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| 9-16 of this Code.
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| (8) Nomination papers filed under this Section are not |
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| valid if the
candidate named therein fails to file a statement |
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| of economic interests
as required by the Illinois Governmental |
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| Ethics Act in relation to his
candidacy with the appropriate |
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| officer by the end of the period for the
filing of nomination |
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| papers unless he has filed a statement of economic
interests in |
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| relation to the same governmental unit with that officer
within |
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| a year preceding the date on which such nomination papers were
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| filed. If the nomination papers of any candidate and the |
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| statement of
economic interest of that candidate are not |
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| required to be filed with
the same officer, the candidate must |
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| file with the officer with whom the
nomination papers are filed |
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| a receipt from the officer with whom the
statement of economic |
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| interests is filed showing the date on which such
statement was |
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| filed. Such receipt shall be so filed not later than the
last |
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| day on which nomination papers may be filed.
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| (9) Any person for whom a petition for nomination, or for |
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| committeeman or
for delegate or alternate delegate to a |
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HB4241 |
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LRB094 12952 JAM 50978 b |
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| national nominating convention has
been filed may cause his |
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| name to be withdrawn by request in writing, signed
by him and |
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| duly acknowledged before an officer qualified to take
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| acknowledgments of deeds, and filed in the principal or |
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| permanent branch
office of the State Board of Elections or with |
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| the appropriate election
authority or local election official, |
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| not later than the date of
certification of candidates for the |
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| consolidated primary or general primary
ballot. No names so |
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| withdrawn shall be certified or printed on the
primary ballot. |
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| If petitions for nomination have been filed for the
same person |
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| with respect to more than one political party, his name
shall |
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| not be certified nor printed on the primary ballot of any |
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| party.
If petitions for nomination have been filed for the same |
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| person for 2 or
more offices which are incompatible so that the |
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| same person could not
serve in more than one of such offices if |
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| elected, that person must
withdraw as a candidate for all but |
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| one of such offices within the
5 business days following the |
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| last day for petition filing. If he fails to
withdraw as a |
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| candidate for all but one of such offices within such time
his |
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| name shall not be certified, nor printed on the primary ballot, |
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| for any
office. For the purpose of the foregoing provisions, an |
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| office in a
political party is not incompatible with any other |
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| office.
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| (10) (a) Notwithstanding the provisions of any other |
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| statute, no primary
shall be held for an established |
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| political party in any township,
municipality, or ward |
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| thereof, where the nomination of such
party for every |
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| office to be voted upon by the electors of such
township, |
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| municipality, or ward thereof, is uncontested. Whenever a
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| political party's nomination of candidates is uncontested |
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| as to one or
more, but not all, of the offices to be voted |
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| upon by the electors of a
township, municipality, or ward |
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| thereof, then a primary shall
be held for that party in |
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| such township, municipality, or ward thereof;
provided |
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| that the primary ballot shall not include those offices
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| within such township, municipality, or ward thereof, for |
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HB4241 |
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LRB094 12952 JAM 50978 b |
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| which the
nomination is uncontested. For purposes of this |
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| Article, the nomination
of an established political party |
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| of a candidate for election to an office
shall be deemed to |
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| be uncontested where not more than the number of persons
to |
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| be nominated have timely filed valid nomination papers |
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| seeking the
nomination of such party for election to such |
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| office.
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| (b) Notwithstanding the provisions of any other |
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| statute, no primary
election shall be held for an |
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| established political party for any special
primary |
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| election called for the purpose of filling a vacancy in the |
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| office
of representative in the United States Congress |
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| where the nomination of
such political party for said |
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| office is uncontested. For the purposes of
this Article, |
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| the nomination of an established political party of a
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| candidate for election to said office shall be deemed to be |
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| uncontested
where not more than the number of persons to be |
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| nominated have timely filed
valid nomination papers |
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| seeking the nomination of such established party
for |
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| election to said office. This subsection (b) shall not |
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| apply if such
primary election is conducted on a regularly |
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| scheduled election day.
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| (c) Notwithstanding the provisions in subparagraph (a) |
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| and (b) of this
paragraph (10), whenever a person who has |
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| not timely filed valid nomination
papers and who intends to |
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| become a write-in candidate for a political
party's |
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| nomination for any office for which the nomination is |
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| uncontested
files a written statement or notice of that |
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| intent with the State Board of
Elections or the local |
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| election official with whom nomination papers for
such |
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| office are filed, a primary ballot shall be prepared and a |
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| primary
shall be held for that office. Such statement or |
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| notice shall be filed on
or before the date established in |
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| this Article for certifying candidates
for the primary |
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| ballot. Such statement or notice shall contain (i) the
name |
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| and address of the person intending to become a write-in |
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LRB094 12952 JAM 50978 b |
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| candidate,
(ii) a statement that the person is a qualified |
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| primary elector of the
political party from whom the |
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| nomination is sought, (iii) a statement that
the person |
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| intends to become a write-in candidate for the party's
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| nomination, and (iv) the office the person is seeking as a |
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| write-in
candidate. An election authority shall have no |
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| duty to conduct a primary
and prepare a primary ballot for |
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| any office for which the nomination is
uncontested unless a |
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| statement or notice meeting the requirements of this
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| Section is filed in a timely manner.
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| (11) If multiple sets of nomination papers are filed for a |
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| candidate to
the same office, the State Board of Elections, |
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| appropriate election
authority or local election official |
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| where the petitions are filed shall
within 2 business days |
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| notify the candidate of his or her multiple petition
filings |
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| and that the candidate has 3 business days after receipt of the
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| notice to notify the State Board of Elections, appropriate |
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| election
authority or local election official that he or she |
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| may cancel prior sets
of petitions. If the candidate notifies |
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| the State Board of Elections,
appropriate election authority or |
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| local election official, the last set of
petitions filed shall |
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| be the only petitions to be considered valid by the
State Board |
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| of Elections, election authority or local election official. If
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| the candidate fails to notify the State Board of Elections, |
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| election authority
or local
election official then only the |
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| first set of petitions filed shall be valid
and all subsequent |
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| petitions shall be void.
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| (12) All nominating petitions shall be available for public |
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| inspection
and shall be preserved for a period of not less than |
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| 6 months.
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| (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; |
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| 87-1052.)
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| (10 ILCS 5/8-9) (from Ch. 46, par. 8-9)
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| Sec. 8-9. All petitions for nomination shall be filed by |
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| mail or in
person as follows:
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| (1) Where the nomination is made for a legislative office, |
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| such
petition for nomination shall be filed in the principal |
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| office of the
State Board of Elections not more than 99 and not |
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| less than 92 days
prior to the date of the primary. On the |
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| first day for filing petitions, the State Board of Elections |
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| and its employees shall not file petitions with the State Board |
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| of Elections on behalf of another person.
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| (2) The State Board of Elections shall, upon receipt of |
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| each
petition, endorse thereon the day and hour on which it was |
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| filed.
Petitions filed by mail and received after midnight on |
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| the first day for
filing and in the first mail delivery or |
12 |
| pickup of that day, shall be deemed
as filed as of 8:00 a.m. of |
13 |
| that day or as of the normal opening hour of
such day as the |
14 |
| case may be, and all petitions received thereafter shall be
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| deemed as filed in the order of actual receipt. Where 2 or more |
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| petitions
are received simultaneously, the State Board of |
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| Elections shall break ties
and determine the order of filing, |
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| by means of a lottery as provided in
Section 7-12 of this Code.
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| (3) Any person for whom a petition for nomination has been |
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| filed,
may cause his name to be withdrawn by a request in |
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| writing, signed by
him, duly acknowledged before an officer |
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| qualified to take
acknowledgments of deeds, and filed in the |
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| principal or permanent branch
office of the State Board of |
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| Elections not later than the date of
certification of |
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| candidates for the general primary ballot, and no names so
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| withdrawn shall be certified by the State Board
of Elections to |
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| the county clerk, or printed on the primary ballot. If
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| petitions for nomination have been filed for the same person |
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| with
respect to more than one political party, his name shall |
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| not be
certified nor printed on the primary ballot of any |
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| party. If petitions
for nomination have been filed for the same |
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| person for 2 or more offices
which are incompatible so that the |
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| same person could not serve in more
than one of such offices if |
34 |
| elected, that person must withdraw as a
candidate for all but |
35 |
| one of such offices within the 5 business days following
the |
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| last day for petition filing. If he fails to withdraw as a |
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HB4241 |
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LRB094 12952 JAM 50978 b |
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| candidate for
all but one of such offices within such time, his |
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| name shall not be
certified, nor printed on the primary ballot, |
3 |
| for any office. For the
purpose of the foregoing provisions, an |
4 |
| office in a political party is
not incompatible with any other |
5 |
| office.
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| (4) If multiple sets of nomination papers are filed for a |
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| candidate to
the same office, the State Board of Elections |
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| shall within 2 business days
notify the candidate of his or her |
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| multiple petition filings and that the
candidate has 3 business |
10 |
| days after receipt of the notice to notify the
State Board of |
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| Elections that he or she may cancel prior sets of petitions.
If |
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| the candidate notifies the State Board of Elections the last |
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| set of
petitions filed shall be the only petitions to be |
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| considered valid by the State
Board of Elections. If the |
15 |
| candidate fails to notify the State Board then
only the first |
16 |
| set of petitions filed shall be valid and all subsequent
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| petitions shall be void.
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| (Source: P.A. 86-875; 87-1052.)
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| (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
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| Sec. 10-6.2. The State Board of Elections, the election |
21 |
| authority or
the local election official with whom petitions |
22 |
| for nomination are filed
pursuant to this Article 10 shall |
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| specify the place where filings shall
be made and upon receipt |
24 |
| shall endorse thereon the day and the hour at
which each |
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| petition was filed. Except as provided by Article 9 of The
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| School Code, all petitions filed by persons waiting
in line as |
27 |
| of 8:00 a.m. on the first day for filing, or as of the normal
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28 |
| opening hour of the office involved on such day, shall be |
29 |
| deemed filed
as of 8:00 a.m. or the normal opening hour, as the |
30 |
| case may be.
On the first day for filing petitions, the State |
31 |
| Board of Elections and its employees, an election authority and |
32 |
| its employees, and a local election official and his or her |
33 |
| employees shall not file petitions with the State Board, that |
34 |
| election authority, or that local election official, |
35 |
| respectively, on behalf of a person (other than on behalf of |
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HB4241 |
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| himself or herself, in the case of a county clerk or local |
2 |
| election official). Petitions filed by mail and received after |
3 |
| midnight of the first day for
filing and in the first mail |
4 |
| delivery or pickup of that day shall be
deemed filed as of 8:00 |
5 |
| a.m. of that day or as of the normal opening
hour of such day, |
6 |
| as the case may be. All petitions received thereafter
shall be |
7 |
| deemed filed in the order of actual receipt. Where 2 or more
|
8 |
| petitions are received simultaneously, the State Board of |
9 |
| Elections, the
election authority or the local election |
10 |
| official with whom such
petitions are filed shall break ties |
11 |
| and determine the order of filing
by means of a lottery or |
12 |
| other fair and impartial method of random
selection approved by |
13 |
| the State Board of Elections. Such lottery shall
be conducted |
14 |
| within 9 days following the last day for petition filing and |
15 |
| shall
be open to the public. Seven days written notice of the |
16 |
| time and place of
conducting such random selection shall be |
17 |
| given, by the State Board of
Elections, the election authority, |
18 |
| or local election official, to the Chairman
of each political |
19 |
| party, and to each organization of citizens within the
election |
20 |
| jurisdiction which was entitled, under this Code, at the next
|
21 |
| preceding election, to have pollwatchers present on the day of |
22 |
| election. The
State Board of Elections, the election authority |
23 |
| or local election official
shall post in a conspicuous, open |
24 |
| and public place, at the entrance of the
office, notice of the |
25 |
| time and place of such lottery. The State Board of
Elections |
26 |
| shall adopt rules and regulations governing the procedures for
|
27 |
| the conduct of such lottery. All candidates shall be
certified |
28 |
| in the order in which their petitions have been filed and in |
29 |
| the
manner prescribed by Section 10-14 and 10-15 of this |
30 |
| Article. Where
candidates have filed simultaneously, they |
31 |
| shall be certified in the order
determined by lot and prior to |
32 |
| candidates who filed for the same office or
offices at a later |
33 |
| time. Certificates of nomination filed within the
period |
34 |
| prescribed in Section 10-6(2) for candidates nominated by |
35 |
| caucus for
township or municipal offices shall be subject to |
36 |
| the ballot placement
lottery for established political parties |
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HB4241 |
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LRB094 12952 JAM 50978 b |
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| prescribed in Section 7-60 of
this Code.
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2 |
| If multiple sets of nomination papers are filed for a |
3 |
| candidate to
the same office, the State Board of Elections, |
4 |
| appropriate election
authority or local election official |
5 |
| where the petitions are filed shall
within 2 business days |
6 |
| notify the candidate of his or her multiple petition
filings |
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| and that the candidate has 3 business days after receipt of the |
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| notice
to notify the State Board of Elections, appropriate |
9 |
| election authority or local
election official that he or she |
10 |
| may cancel prior sets of petitions. If the
candidate notifies |
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| the State Board of Elections, appropriate election authority
or |
12 |
| local election official, the last set of petitions filed shall |
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| be the only
petitions to be considered valid by the State Board |
14 |
| of Elections, election
authority or local election official. If |
15 |
| the candidate fails to notify the
State Board of Elections, |
16 |
| appropriate election authority or local election
official then |
17 |
| only the first set of petitions filed shall be valid and all
|
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| subsequent petitions shall be void.
|
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| (Source: P.A. 91-357, eff. 7-29-99.)
|