101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1453

 

Introduced , by Rep. Avery Bourne

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-10.2  from Ch. 46, par. 7-10.2
10 ILCS 5/7-17  from Ch. 46, par. 7-17

    Amends the Election Code. Provides that nothing in provisions concerning the designation of a candidate's name on a nomination petition or ballot shall require a candidate to use his or her spouse's surname after marriage or to return to his or her previous legal surname following a dissolution of marriage.


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A BILL FOR

 

HB1453LRB101 05529 SMS 50545 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 7-10.2 and 7-17 as follows:
 
6    (10 ILCS 5/7-10.2)  (from Ch. 46, par. 7-10.2)
7    Sec. 7-10.2. In the designation of the name of a candidate
8on a petition for nomination or certificate of nomination the
9candidate's given name or names, initial or initials, a
10nickname by which the candidate is commonly known, or a
11combination thereof, may be used in addition to the candidate's
12surname. If a candidate has changed his or her name, whether by
13a statutory or common law procedure in Illinois or any other
14jurisdiction, within 3 years before the last day for filing the
15petition or certificate for that office, whichever is
16applicable, then (i) the candidate's name on the petition or
17certificate must be followed by "formerly known as (list all
18prior names during the 3-year period) until name changed on
19(list date of each such name change)" and (ii) the petition or
20certificate must be accompanied by the candidate's affidavit
21stating the candidate's previous names during the period
22specified in (i) and the date or dates each of those names was
23changed; failure to meet these requirements shall be grounds

 

 

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1for denying certification of the candidate's name for the
2ballot or removing the candidate's name from the ballot, as
3appropriate, but these requirements do not apply to name
4changes resulting from adoption to assume an adoptive parent's
5or parents' surname, marriage to assume a spouse's surname, or
6dissolution of marriage or declaration of invalidity of
7marriage to assume a former surname. Nothing in this Section
8shall require a candidate to use his or her spouse's surname
9after marriage or to return to his or her previous legal
10surname following a dissolution of marriage. No other
11designation such as a political slogan, as defined by Section
127-17, title or degree, or nickname suggesting or implying
13possession of a title, degree or professional status, or
14similar information may be used in connection with the
15candidate's surname.
16(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
 
17    (10 ILCS 5/7-17)  (from Ch. 46, par. 7-17)
18    Sec. 7-17. Candidate ballot name procedures.
19    (a) Each election authority in each county shall cause to
20be printed upon the general primary ballot of each party for
21each precinct in his jurisdiction the name of each candidate
22whose petition for nomination or for committeeperson has been
23filed in the office of the county clerk, as herein provided;
24and also the name of each candidate whose name has been
25certified to his office by the State Board of Elections, and in

 

 

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1the order so certified, except as hereinafter provided.
2    It shall be the duty of the election authority to cause to
3be printed upon the consolidated primary ballot of each
4political party for each precinct in his jurisdiction the name
5of each candidate whose name has been certified to him, as
6herein provided and which is to be voted for in such precinct.
7    (b) In the designation of the name of a candidate on the
8primary ballot the candidate's given name or names, initial or
9initials, a nickname by which the candidate is commonly known,
10or a combination thereof, may be used in addition to the
11candidate's surname. If a candidate has changed his or her
12name, whether by a statutory or common law procedure in
13Illinois or any other jurisdiction, within 3 years before the
14last day for filing the petition for nomination, nomination
15papers, or certificate of nomination for that office, whichever
16is applicable, then (i) the candidate's name on the primary
17ballot must be followed by "formerly known as (list all prior
18names during the 3-year period) until name changed on (list
19date of each such name change)" and (ii) the petition, papers,
20or certificate must be accompanied by the candidate's affidavit
21stating the candidate's previous names during the period
22specified in (i) and the date or dates each of those names was
23changed; failure to meet these requirements shall be grounds
24for denying certification of the candidate's name for the
25ballot or removing the candidate's name from the ballot, as
26appropriate, but these requirements do not apply to name

 

 

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1changes resulting from adoption to assume an adoptive parent's
2or parents' surname, marriage to assume a spouse's surname, or
3dissolution of marriage or declaration of invalidity of
4marriage to assume a former surname. Nothing in this Section
5shall require a candidate to use his or her spouse's surname
6after marriage or to return to his or her previous legal
7surname following a dissolution of marriage. No other
8designation such as a political slogan, title, or degree, or
9nickname suggesting or implying possession of a title, degree
10or professional status, or similar information may be used in
11connection with the candidate's surname. For purposes of this
12Section, a "political slogan" is defined as any word or words
13expressing or connoting a position, opinion, or belief that the
14candidate may espouse, including but not limited to, any word
15or words conveying any meaning other than that of the personal
16identity of the candidate. A candidate may not use a political
17slogan as part of his or her name on the ballot,
18notwithstanding that the political slogan may be part of the
19candidate's name.
20    (c) The State Board of Elections, a local election
21official, or an election authority shall remove any candidate's
22name designation from a ballot that is inconsistent with
23subsection (b) of this Section. In addition, the State Board of
24Elections, a local election official, or an election authority
25shall not certify to any election authority any candidate name
26designation that is inconsistent with subsection (b) of this

 

 

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1Section.
2    (d) If the State Board of Elections, a local election
3official, or an election authority removes a candidate's name
4designation from a ballot under subsection (c) of this Section,
5then the aggrieved candidate may seek appropriate relief in
6circuit court.
7(Source: P.A. 100-1027, eff. 1-1-19.)