HB5278 96TH GENERAL ASSEMBLY

LRB096 19870 JAM 35328 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5278

Introduced 2/3/2010, by Rep. Elaine Nekritz

SYNOPSIS AS INTRODUCED:

10 ILCS 5/2A-1.2	from Ch. 46, par. 2A-1.2
65 ILCS 5/4-3-16	from Ch. 24, par. 4-3-16
65 ILCS 5/4-3-16.1	from Ch. 24, par. 4-3-16.1
65 ILCS 5/5-2-13	from Ch. 24, par. 5-2-13

Amends the Election Code and the Illinois Municipal Code. Provides that the consolidated election and the consolidated primary shall not be conducted in any precinct where no public question and no contested office appears on the ballot. Provides that in such precincts the consolidated election and consolidated primary ballots shall not list the names of uncontested candidates and that those candidates shall be deemed to have voted for themselves and to be nominated and elected.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Section 2A-1.2 as follows:

(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)

Sec. 2A-1.2. Consolidated Schedule of Elections - Offices Designated.

(a) At the general election in the appropriate even-numbered years, the following offices shall be filled or shall be on the ballot as otherwise required by this Code:

(1) Elector of President and Vice President of the United States;

(2) United States Senator and United States Representative;

(3) State Executive Branch elected officers;

(4) State Senator and State Representative;

(5) County elected officers, including State's Attorney, County Board member, County Commissioners, and elected President of the County Board or County Chief Executive;

(6) Circuit Court Clerk;

(7) Regional Superintendent of Schools, except in counties or educational service regions in which that office has been abolished;

(8) Judges of the Supreme, Appellate and Circuit Courts, on the question of retention, to fill vacancies and newly created judicial offices;

(9) (Blank);

(10) Trustee of the Metropolitan Sanitary District of Chicago, and elected Trustee of other Sanitary Districts;

(11) Special District elected officers, not otherwise designated in this Section, where the statute creating or authorizing the creation of the district requires an annual election and permits or requires election of candidates of political parties.

(b) At the general primary election:

(1) in each even-numbered year candidates of political parties shall be nominated for those offices to be filled at the general election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus.

(2) in the appropriate even-numbered years the political party offices of State central committeeman, township committeeman, ward committeeman, and precinct committeeman shall be filled and delegates and alternate delegates to the National nominating conventions shall be elected as may be required pursuant to this Code. In the even-numbered years in which a Presidential election is to be held, candidates in the Presidential preference primary shall also be on the ballot.

(3) in each even-numbered year, where the municipality has provided for annual elections to elect municipal officers pursuant to Section 6(f) or Section 7 of Article VII of the Constitution, pursuant to the Illinois Municipal Code or pursuant to the municipal charter, the offices of such municipal officers shall be filled at an election held on the date of the general primary election, provided that the municipal election shall be a nonpartisan election where required by the Illinois Municipal Code. For partisan municipal elections in even-numbered years, a primary to nominate candidates for municipal office to be elected at the general primary election shall be held on the Tuesday 6 weeks preceding that election.

(4) in each school district which has adopted the provisions of Article 33 of the School Code, successors to the members of the board of education whose terms expire in the year in which the general primary is held shall be elected.

(c) At the consolidated election in the appropriate odd-numbered years, the following offices shall be filled:

(1) Municipal officers, provided that in municipalities in which candidates for alderman or other municipal office are not permitted by law to be candidates of political parties, the runoff election where required by law, or the nonpartisan election where required by law, shall be held on the date of the consolidated election; and provided further, in the case of municipal officers provided for by an ordinance providing the form of government of the municipality pursuant to Section 7 of Article VII of the Constitution, such offices shall be filled by election or by runoff election as may be provided by such ordinance;

(2) Village and incorporated town library directors;

(3) City boards of stadium commissioners;

(4) Commissioners of park districts;

(5) Trustees of public library districts;

(6) Special District elected officers, not otherwise designated in this section, where the statute creating or authorizing the creation of the district permits or requires election of candidates of political parties;

(7) Township officers, including township park commissioners, township library directors, and boards of managers of community buildings, and Multi-Township Assessors;

(8) Highway commissioners and road district clerks;

(9) Members of school boards in school districts which adopt Article 33 of the School Code;

(10) The directors and chairman of the Chain O Lakes - Fox River Waterway Management Agency;

(11) Forest preserve district commissioners elected under Section 3.5 of the Downstate Forest Preserve District Act;

(12) Elected members of school boards, school trustees, directors of boards of school directors, trustees of county boards of school trustees (except in counties or educational service regions having a population of 2,000,000 or more inhabitants) and members of boards of school inspectors, except school boards in school districts that adopt Article 33 of the School Code;

(13) Members of Community College district boards;

(14) Trustees of Fire Protection Districts;

(15) Commissioners of the Springfield Metropolitan Exposition and Auditorium Authority;

(16) Elected Trustees of Tuberculosis Sanitarium Districts;

(17) Elected Officers of special districts not otherwise designated in this Section for which the law governing those districts does not permit candidates of political parties.

(d) At the consolidated primary election in each odd-numbered year, candidates of political parties shall be nominated for those offices to be filled at the consolidated election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus, and except those offices listed in paragraphs (12) through (17) of subsection (c).

At the consolidated primary election in the appropriate odd-numbered years, the mayor, clerk, treasurer, and aldermen shall be elected in municipalities in which candidates for mayor, clerk, treasurer, or alderman are not permitted by law to be candidates of political parties, subject to runoff elections to be held at the consolidated election as may be required by law, and municipal officers shall be nominated in a nonpartisan election in municipalities in which pursuant to law candidates for such office are not permitted to be candidates of political parties.

At the consolidated primary election in the appropriate odd-numbered years, municipal officers shall be nominated or elected, or elected subject to a runoff, as may be provided by an ordinance providing a form of government of the municipality pursuant to Section 7 of Article VII of the Constitution.

(e) (Blank).

(f) At any election established in Section 2A-1.1, public questions may be submitted to voters pursuant to this Code and any special election otherwise required or authorized by law or by court order may be conducted pursuant to this Code.

Notwithstanding the regular dates for election of officers established in this Article, whenever a referendum is held for the establishment of a political subdivision whose officers are to be elected, the initial officers shall be elected at the election at which such referendum is held if otherwise so provided by law. In such cases, the election of the initial officers shall be subject to the referendum.

Notwithstanding the regular dates for election of officials established in this Article, any community college district which becomes effective by operation of law pursuant to Section 6-6.1 of the Public Community College Act, as now or hereafter amended, shall elect the initial district board members at the next regularly scheduled election following the effective date of the new district.

(g) At any election established in Section 2A-1.1, if in any precinct there are no offices or public questions required to be on the ballot under this Code then no election shall be held in the precinct on that date. At any election established in subsection (b) of Section 2A-1.1, if in any precinct there are no public questions required to be on the ballot under this Code and if the offices to be elected are uncontested, then no election shall be held in the precinct on that date. Notwithstanding any other provisions of this Code or other law of this State to the contrary, the name of any unopposed candidate in any election established in subsection (b) of Section 2A-1.1 shall not appear on the ballot at that election and that unopposed candidate shall be deemed to have voted at that election for himself or herself and to be nominated and elected.

(h) There may be conducted a referendum in accordance with the provisions of Division 6-4 of the Counties Code.

(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626, eff. 8-9-96; 90-358, eff. 1-1-98.)

Section 10. The Illinois Municipal Code is amended by changing Section 4-3-16, 4-3-16.1, and 5-2-13 as follows:

(65 ILCS 5/4-3-16) (from Ch. 24, par. 4-3-16)

Sec. 4-3-16. Upon the ballots for the general municipal election the names of the nominees for mayor shall be placed first, in substantially the form specified in this section. Following these names, the names of the nominees for commissioners shall appear under each office, in substantially the form specified in this section; provided that if the municipality has voted, as provided in Section 4-3-19, to require candidates for commissioner to run for a specific office, the names of the candidates for commissioner of public accounts and finances, commissioner of public health and safety, commissioner of streets and public improvements, and commissioner of public property, respectively, shall appear under the designation of the applicable office, in substantially the form specified in Section 4-3-16.1. If under Section 2A-1.1 of the Election Code no election is to be held in a precinct, then the name of an unopposed candidate shall not appear on any ballot, and that candidate shall be deemed to have voted for himself or herself at the general municipal election and to be elected.

The ballots shall be in the form provided by the general election law, except as herein otherwise provided, but they shall designate no party, platform, political principle, appellation, or mark whatever. Nor shall any circle be printed at the head of the ballots. Except where candidates for commissioner are required to run for a specific office, the ballots shall be in substantially the following form:

OFFICIAL BALLOT

NOMINEES FOR MAYOR AND COMMISSIONERS

OF THE CITY (OR VILLAGE) OF....

AT THE GENERAL MUNICIPAL ELECTION.

FOR MAYOR

(VOTE FOR ONE)

( ) JOHN JONES.

( ) JAMES SMITH.

FOR COMMISSIONERS

(VOTE FOR NOT MORE THAN FOUR)

( ) HARRY BROWN.

( ) ROBERT BUCK.

( ) WILLIAM BURKE.

( ) GEORGE MILLER.

( ) ARTHUR ROBBINS.

( ) EDWARD STUART.

( ) JOSEPH TROUT.

( ) THOMAS WILLIAMS.

(Source: P.A. 95-862, eff. 8-19-08.)

(65 ILCS 5/4-3-16.1) (from Ch. 24, par. 4-3-16.1)

Sec. 4-3-16.1. If the municipality has voted, as provided in Section 4-3-19, to require candidates for commissioner to run for a specific office, the ballots for the general municipal election shall be in substantially the following form. If under Section 2A-1.1 of the Election Code no election is to be held in a precinct, then the name of an unopposed candidate shall not appear on any ballot, and that candidate shall be deemed to have voted for himself or herself at the general municipal election and to be elected. :

OFFICIAL BALLOT

NOMINEES FOR MAYOR AND COMMISSIONERS

OF THE CITY (OR VILLAGE) OF ....

AT THE GENERAL MUNICIPAL ELECTION.

FOR MAYOR

(VOTE FOR ONE)

( ) JOHN JONES.

( ) JAMES SMITH.

FOR COMMISSIONER OF ACCOUNTS

AND FINANCES

(VOTE FOR ONE)

( ) HARRY BROWN.

( ) ROBERT BUCK.

FOR COMMISSIONER OF PUBLIC HEALTH

AND SAFETY

(VOTE FOR ONE)

( ) GEORGE MILLER.

( ) ARTHUR ROBBINS.

FOR COMMISSIONER OF STREETS AND

PUBLIC IMPROVEMENTS

(VOTE FOR ONE)

( ) JOSEPH TROUT.

( ) THOMAS WILLIAMS.

FOR COMMISSIONER OF PUBLIC PROPERTY

(VOTE FOR ONE)

( ) JAMES J. JEFFRIES.

( ) JAMES SMITH.

(Source: Laws 1965, p. 2677.)

(65 ILCS 5/5-2-13) (from Ch. 24, par. 5-2-13)

Sec. 5-2-13. In addition to the requirements of the general election law, the ballots for the municipal primary election provided for in Section 5-2-12 shall be in substantially the following form. If under Section 2A-1.1 of the Election Code no election is to be held in a precinct, then the name of an unopposed candidate shall not appear on any ballot, and that candidate shall be deemed to have voted for himself or herself at the municipal primary election and to be nominated. :

OFFICIAL PRIMARY BALLOT.

CANDIDATES FOR NOMINATION FOR MAYOR

AND COUNCILMEN OF THE CITY (OR

VILLAGE) OF.... AT THE PRIMARY

ELECTION.

FOR MAYOR

VOTE FOR ONE

( ) JOHN JONES.

( ) JAMES SMITH.

( ) HENRY WHITE.

( ) RALPH WILSON.

( ) FOR COUNCILMEN.

VOTE FOR NOT MORE THAN....(insert proper number as provided in Section 5-2-12).

( ) HARRY BROWN.

( ) ROBERT BUCK.

( ) WILLIAM BURKE.

( ) GEORGE MILLER.

( ) ARTHUR ROBBINS.

( ) EDWARD STUART.

( ) JOSEPH TROUT.

( ) THOMAS WILLIAMS.

In addition to the requirements of the general election law, the general municipal election ballots for the election provided for in Section 5-2-12 shall be substantially in the following form:

OFFICIAL BALLOT

NOMINEES FOR MAYOR AND COUNCILMEN OF

THE CITY (OR VILLAGE) OF.... AT

THE GENERAL MUNICIPAL ELECTION.

FOR MAYOR

VOTE FOR ONE

( ) JOHN JONES.

( ) JAMES SMITH.

( ) FOR COUNCILMEN.

VOTE FOR NOT MORE THAN....(insert proper number as provided in Section 5-2-12).

( ) HARRY BROWN.

( ) ROBERT BUCK.

( ) WILLIAM BURKE.

( ) GEORGE MILLER.

( ) ARTHUR ROBBINS.

( ) EDWARD STUART.

( ) JOSEPH TROUT.

( ) THOMAS WILLIAMS.

(Source: P.A. 95-862, eff. 8-19-08.)