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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6217
Introduced 2/11/2010, by Rep. Dan Brady SYNOPSIS AS INTRODUCED:
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65 ILCS 5/3.1-20-45 |
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65 ILCS 5/3.1-25-20 |
from Ch. 24, par. 3.1-25-20 |
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Amends the Illinois Municipal Code. In provisions concerning nonpartisan primary elections, provides that an office is uncontested if not more than twice the number of persons (now, not more than 4 persons) to be nominated for each office have timely filed valid nominating papers. In provisions concerning write-in candidates, provides that a primary ballot must be prepared if a write-in candidate increases the number of candidates that have filed to more than twice the number of persons to be nominated for the office.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6217 |
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LRB096 16484 RLJ 31754 b |
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| AN ACT concerning local government.
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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 Illinois Municipal Code is amended by |
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| changing Sections 3.1-20-45 and 3.1-25-20 as follows:
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| (65 ILCS 5/3.1-20-45)
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| Sec. 3.1-20-45. Nonpartisan primary elections; uncontested |
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| office. A city
incorporated under this Code that elects |
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| municipal officers at nonpartisan
primary and
general |
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| elections shall conduct the elections as provided in the |
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| Election Code,
except that
no office for which nomination is |
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| uncontested shall be included on the primary
ballot and
no |
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| primary shall be held for that office. For the purposes of this |
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| Section, an
office is
uncontested if not more than twice the |
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| number of when not more than 4
persons to be nominated for each
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| office
have timely filed valid nominating papers seeking |
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| nomination for the election
to that
office.
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| Notwithstanding the preceding paragraph, when a person (i) |
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| who has not timely
filed valid nomination papers and (ii) who |
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| intends to become a write-in
candidate for
nomination for any |
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| office for which nomination is uncontested files a written
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| statement
or notice of that intent with the proper election |
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| official with whom the
nomination papers
for that office are |
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HB6217 |
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LRB096 16484 RLJ 31754 b |
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| filed, if the write-in candidate increases the number of |
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| candidates that have filed to more than twice the number of |
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| persons to be nominated for the office becomes the fifth |
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| candidate filed, a primary ballot must be prepared and a |
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| primary must
be held for
the office. The statement or notice |
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| must be filed on or before the 61st day
before the consolidated |
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| primary election.
The statement
must
contain (i) the name and |
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| address of the person intending to become a write-in
candidate,
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| (ii) a statement that the person intends to become a write-in |
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| candidate, and
(iii) the office
the person is seeking as a |
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| write-in candidate. An election authority has no
duty to
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| conduct a primary election or prepare a primary ballot unless a |
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| statement
meeting the
requirements of this paragraph is filed |
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| in a timely manner.
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| (Source: P.A. 95-699, eff. 11-9-07.)
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| (65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
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| Sec. 3.1-25-20. Primary election. A village incorporated |
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| under this Code shall
nominate and elect candidates for |
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| president and trustees in nonpartisan
primary and general |
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| elections as provided in Sections 3.1-25-20 through
3.1-25-55
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| until the electors of the village vote to require the partisan |
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| election of
the president and trustees at a referendum in the |
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| manner provided in
Section 3.1-25-65 after January 1, 1992.
The
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| provisions of Sections 3.1-25-20 through 3.1-25-55 shall
apply |
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| to all villages incorporated under this Code that have operated
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HB6217 |
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LRB096 16484 RLJ 31754 b |
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| under those Sections without the adoption of those provisions |
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| by the
referendum provided in Section 3.1-25-60 as well as |
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| those villages that have
adopted those provisions by the |
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| referendum provided in Section 3.1-25-60
until
the electors of |
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| those villages vote to require the partisan election of the
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| president and trustees in the manner provided in Section |
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| 3.1-25-65.
Villages that have nominated and elected candidates |
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| for president and
trustees in partisan elections prior to |
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| January 1, 1992, may continue to
hold partisan elections |
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| without conducting a referendum in the manner
provided in |
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| Section 3.1-25-65.
All
candidates for nomination to be voted |
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| for at all general municipal elections
at which a president or |
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| trustees, or both, are to be elected under this
Article shall |
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| be nominated from the village at large by a primary election.
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| Notwithstanding any other provision of law, no primary |
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| shall be held in any
village when the nomination for every |
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| office to be voted upon by the electors
of the village is |
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| uncontested. If the nomination of candidates is uncontested
as |
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| to one or more, but not all, of the offices to be voted upon by |
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| the electors
of the village, then a primary must be held in the |
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| village, provided that the
primary ballot shall not include |
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| those offices in the village for which the
nomination is |
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| uncontested. For the purposes of this Section, an office is
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| uncontested when not more than twice the number of persons to |
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| be nominated to the
office have timely filed valid nominating |
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| papers seeking nomination for
election to that office.
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HB6217 |
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LRB096 16484 RLJ 31754 b |
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| 1 |
| Notwithstanding the preceding paragraph, when a person (i) |
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| who has not timely
filed valid nomination papers and (ii) who |
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| intends to become a write-in
candidate for nomination for any |
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| office for which nomination is uncontested
files a written |
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| statement or notice of that intent with the proper election
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| official with whom the nomination papers for that office are |
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| filed, if the write-in candidate increases the number of |
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| candidates that have filed to more than twice the number of |
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| persons to be nominated for the office, a primary
ballot must |
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| be prepared and a primary must be held for the office. The
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| statement or notice must be filed on or before the 61st day |
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| before the
consolidated primary election. The statement
must |
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| contain (i) the name and address of the person intending to |
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| become a
write-in candidate, (ii) a statement that the person |
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| intends to become a
write-in candidate, and (iii) the office |
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| the person is seeking as a write-in
candidate. An election |
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| authority has no duty to conduct a primary election or
prepare |
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| a primary ballot unless a statement meeting the requirements of |
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| this
paragraph is filed in a timely manner.
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| Only the names of those persons nominated in the manner |
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| prescribed in
Sections 3.1-25-20 through 3.1-25-65 shall be |
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| placed on
the ballot at the general municipal election.
The |
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| village clerk shall certify the offices to be filled and the |
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| candidates
for those offices to the proper election authority
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| as provided in the general election law. A primary for those |
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| offices, if
required, shall be held in accordance with
the |