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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||||||||||||||||||||||||
5 | changing Sections 3.1-20-45, 3.1-25-20, and 3.1-25-40 as | ||||||||||||||||||||||||||||
6 | follows:
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7 | (65 ILCS 5/3.1-20-45)
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8 | Sec. 3.1-20-45. Nonpartisan primary elections; uncontested | ||||||||||||||||||||||||||||
9 | office. A city
incorporated under this Code that elects | ||||||||||||||||||||||||||||
10 | municipal officers at nonpartisan
primary and
general | ||||||||||||||||||||||||||||
11 | elections shall conduct the elections as provided in the | ||||||||||||||||||||||||||||
12 | Election Code,
except that
no office for which nomination is | ||||||||||||||||||||||||||||
13 | uncontested shall be included on the primary
ballot and
no | ||||||||||||||||||||||||||||
14 | primary shall be held for that office. For the purposes of this | ||||||||||||||||||||||||||||
15 | Section, an
office is
uncontested when not more than 4
persons | ||||||||||||||||||||||||||||
16 | to be nominated for each
office
have timely filed valid | ||||||||||||||||||||||||||||
17 | nominating papers seeking nomination for the election
to that
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18 | office. | ||||||||||||||||||||||||||||
19 | For the purposes of preparing a primary ballot and holding | ||||||||||||||||||||||||||||
20 | a primary election under this Section, a write-in candidate | ||||||||||||||||||||||||||||
21 | shall not be construed as having timely filed valid nominating | ||||||||||||||||||||||||||||
22 | papers.
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23 | Notwithstanding the preceding paragraph, when a person (i) |
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1 | who has not timely
filed valid nomination papers and (ii) who | ||||||
2 | intends to become a write-in
candidate for
nomination for any | ||||||
3 | office for which nomination is uncontested files a written
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4 | statement
or notice of that intent with the proper election | ||||||
5 | official with whom the
nomination papers
for that office are | ||||||
6 | filed, if the write-in candidate becomes the fifth candidate | ||||||
7 | filed, a primary ballot must be prepared and a primary must
be | ||||||
8 | held for
the office. The statement or notice must be filed on | ||||||
9 | or before the 61st day
before the consolidated primary | ||||||
10 | election.
The statement
must
contain (i) the name and address | ||||||
11 | of the person intending to become a write-in
candidate,
(ii) a | ||||||
12 | statement that the person intends to become a write-in | ||||||
13 | candidate, and
(iii) the office
the person is seeking as a | ||||||
14 | write-in candidate. An election authority has no
duty to
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15 | conduct a primary election or prepare a primary ballot unless a | ||||||
16 | statement
meeting the
requirements of this paragraph is filed | ||||||
17 | in a timely manner.
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18 | (Source: P.A. 95-699, eff. 11-9-07.)
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19 | (65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
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20 | Sec. 3.1-25-20. Primary election. A village incorporated | ||||||
21 | under this Code shall
nominate and elect candidates for | ||||||
22 | president and trustees in nonpartisan
primary and general | ||||||
23 | elections as provided in Sections 3.1-25-20 through
3.1-25-55
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24 | until the electors of the village vote to require the partisan | ||||||
25 | election of
the president and trustees at a referendum in the |
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1 | manner provided in
Section 3.1-25-65 after January 1, 1992.
The
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2 | provisions of Sections 3.1-25-20 through 3.1-25-55 shall
apply | ||||||
3 | to all villages incorporated under this Code that have operated
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4 | under those Sections without the adoption of those provisions | ||||||
5 | by the
referendum provided in Section 3.1-25-60 as well as | ||||||
6 | those villages that have
adopted those provisions by the | ||||||
7 | referendum provided in Section 3.1-25-60
until
the electors of | ||||||
8 | those villages vote to require the partisan election of the
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9 | president and trustees in the manner provided in Section | ||||||
10 | 3.1-25-65.
Villages that have nominated and elected candidates | ||||||
11 | for president and
trustees in partisan elections prior to | ||||||
12 | January 1, 1992, may continue to
hold partisan elections | ||||||
13 | without conducting a referendum in the manner
provided in | ||||||
14 | Section 3.1-25-65.
All
candidates for nomination to be voted | ||||||
15 | for at all general municipal elections
at which a president or | ||||||
16 | trustees, or both, are to be elected under this
Article shall | ||||||
17 | be nominated from the village at large by a primary election.
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18 | Notwithstanding any other provision of law, no primary | ||||||
19 | shall be held in any
village when the nomination for every | ||||||
20 | office to be voted upon by the electors
of the village is | ||||||
21 | uncontested. If the nomination of candidates is uncontested
as | ||||||
22 | to one or more, but not all, of the offices to be voted upon by | ||||||
23 | the electors
of the village, then a primary must be held in the | ||||||
24 | village, provided that the
primary ballot shall not include | ||||||
25 | those offices in the village for which the
nomination is | ||||||
26 | uncontested. For the purposes of this Section, an office is
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1 | uncontested when not more than the number of persons to be | ||||||
2 | nominated to the
office have timely filed valid nominating | ||||||
3 | papers seeking nomination for
election to that office. | ||||||
4 | For the purposes of preparing a primary ballot and holding | ||||||
5 | a primary election under this Section, a write-in candidate | ||||||
6 | shall not be construed as having timely filed valid nominating | ||||||
7 | papers.
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8 | Notwithstanding the preceding paragraph, when a person (i) | ||||||
9 | who has not timely
filed valid nomination papers and (ii) who | ||||||
10 | intends to become a write-in
candidate for nomination for any | ||||||
11 | office for which nomination is uncontested
files a written | ||||||
12 | statement or notice of that intent with the proper election
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13 | official with whom the nomination papers for that office are | ||||||
14 | filed, a primary
ballot must be prepared and a primary must be | ||||||
15 | held for the office. The
statement or notice must be filed on | ||||||
16 | or before the 61st day before the
consolidated primary | ||||||
17 | election. The statement
must contain (i) the name and address | ||||||
18 | of the person intending to become a
write-in candidate, (ii) a | ||||||
19 | statement that the person intends to become a
write-in | ||||||
20 | candidate, and (iii) the office the person is seeking as a | ||||||
21 | write-in
candidate. An election authority has no duty to | ||||||
22 | conduct a primary election or
prepare a primary ballot unless a | ||||||
23 | statement meeting the requirements of this
paragraph is filed | ||||||
24 | in a timely manner.
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25 | Only the names of those persons nominated in the manner | ||||||
26 | prescribed in
Sections 3.1-25-20 through 3.1-25-65 shall be |
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1 | placed on
the ballot at the general municipal election.
The | ||||||
2 | village clerk shall certify the offices to be filled and the | ||||||
3 | candidates
for those offices to the proper election authority
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4 | as provided in the general election law. A primary for those | ||||||
5 | offices, if
required, shall be held in accordance with
the | ||||||
6 | general election law.
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7 | (Source: P.A. 91-57, eff. 6-30-99.)
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8 | (65 ILCS 5/3.1-25-40) (from Ch. 24, par. 3.1-25-40)
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9 | Sec. 3.1-25-40. Ballots.
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10 | (a) If the office of president is to be filled, only the | ||||||
11 | names
of the 4
candidates receiving the highest number of votes | ||||||
12 | for president
shall be placed on the ballot for president at | ||||||
13 | the next succeeding general
municipal election. The names of | ||||||
14 | candidates in a number equal to 4
times
the number of trustee | ||||||
15 | positions to be filled receiving the highest number of
votes | ||||||
16 | for
trustee, or the names of all candidates if less than 4
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17 | times the number
of trustee positions to be filled, shall be | ||||||
18 | placed on the ballot for that
office at the municipal election.
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19 | (b) An elector, however, at either a primary election or a | ||||||
20 | general municipal
election held under Sections 3.1-25-20 | ||||||
21 | through 3.1-25-55, may write in
the names of the candidates of | ||||||
22 | that elector's choice in accordance with the general
election | ||||||
23 | law. If, however, the name of only one candidate for a | ||||||
24 | particular
office appeared on the primary ballot, the name of | ||||||
25 | the person having the
largest number of write-in votes shall |
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1 | not be placed upon the ballot at
the general municipal election | ||||||
2 | unless the number of votes received in the
primary election by | ||||||
3 | that person was at least 10% of the number of votes received
by | ||||||
4 | the candidate for the same office whose name appeared on the | ||||||
5 | primary ballot.
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6 | (c) If a nominee at a general primary election dies or | ||||||
7 | withdraws before the general
municipal election, there shall be | ||||||
8 | placed on the ballot the name of the
candidate receiving the | ||||||
9 | next highest number of votes, and so on in case of
the death or | ||||||
10 | withdrawal of more than one nominee.
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11 | (d) If in the application of this Section there occurs the | ||||||
12 | condition
provided
for in Section 3.1-25-45, there shall be | ||||||
13 | placed on the ballot the name
of the candidate who was not | ||||||
14 | chosen by lot under that Section where one
of 2 tied candidates | ||||||
15 | had been placed on the ballot before the death or
withdrawal | ||||||
16 | occurred. If, however, in the application of this Section, the
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17 | candidate with the next highest number of votes cannot be | ||||||
18 | determined because
of a tie among 2 or more candidates, the | ||||||
19 | successor nominee whose name shall
be placed on the ballot | ||||||
20 | shall be determined by lot as provided in Section
3.1-25-45.
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21 | (Source: P.A. 95-699, eff. 11-9-07.)
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