HB5727 Engrossed

LRB096 16250 RLJ 31506 b





  
1
    AN ACT concerning local government.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
4
    Section 5. The Illinois Municipal Code is amended  by 
5
changing Section 3.1-20-45 as follows:
 



6
    (65 ILCS 5/3.1-20-45)


7
    Sec. 3.1-20-45. Nonpartisan primary elections; uncontested 
8
office. A city
incorporated under this Code that elects 
9
municipal officers at nonpartisan
primary and
general 
10
elections shall conduct the elections as provided in the 
11
Election Code,
except that
no office for which nomination is 
12
uncontested shall be included on the primary
ballot and
no 
13
primary shall be held for that office.  For the purposes of this 
14
Section, an
office is
uncontested when not more than 4

persons 
15
to be nominated for each
office
have timely filed valid 
16
nominating papers seeking nomination for the election
to that

17
office.

18
    Notwithstanding the preceding paragraph, when a person (i) 
19
who has not timely
filed valid nomination papers and (ii) who 
20
intends to become a write-in
candidate for
nomination for any 
21
office for which nomination is uncontested files a written

22
statement
or notice of that intent with the proper election 
23
official with whom the
nomination papers
for that office are 
 


 






HB5727 Engrossed
- 2 -
LRB096 16250 RLJ 31506 b




1
filed, if the write-in candidate becomes the fifth candidate 
2
filed, a primary ballot must be prepared and a primary must
be 
3
held for
the office.  The statement or notice must be filed on 
4
or before the 61st day
before the consolidated primary 
5
election.
The statement
must
contain (i) the name and address 
6
of the person intending to become a write-in
candidate,
(ii) a 
7
statement that the person intends to become a write-in 
8
candidate, and
(iii) the office
the person is seeking as a 
9
write-in candidate.  An election authority has no
duty to

10
conduct a primary election or prepare a primary ballot unless a 
11
statement
meeting the
requirements of this paragraph is filed 
12
in a timely manner.
13
    If there is a primary election, then candidates shall be 
14
placed on the ballot for the next succeeding general municipal 
15
election in the following manner:
16
        (1) If one officer is to be elected, then the 2 
17
    candidates who receive the highest number of votes shall be 
18
    placed on the ballot for the next succeeding general 
19
    municipal election.
20
        (2) If 2 aldermen are to be elected at large, then the 
21
    4 candidates who receive the highest number of votes shall 
22
    be placed on the ballot for the next succeeding general 
23
    municipal election.
24
        (3) If 3 aldermen are to be elected at large, then the 
25
    6 candidates who receive the highest number of votes shall 
26
    be placed on the ballot for the next succeeding general 
 


 






HB5727 Engrossed
- 3 -
LRB096 16250 RLJ 31506 b




1
    municipal election.
2
    The name of a write-in candidate may not be placed on the 
3
ballot for the next succeeding general municipal election 
4
unless he or she receives a number of votes in the primary 
5
election that equals or exceeds the number of signatures 
6
required on a petition for nomination for that office or that 
7
exceeds the number of votes received by at least one of the 
8
candidates whose names were printed on the primary ballot for 
9
nomination for or election to the same office. 

10
(Source: P.A. 95-699, eff. 11-9-07.)

 
 
11
    Section 99. Effective date. This Act takes effect upon 
12
becoming law.