102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3488

 

Introduced 2/22/2021, by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/3.1-20-45

    Amends the Illinois Municipal Code. Provides that when a person who intends to be a write-in candidate for an uncontested nonpartisan office has not timely filed nomination papers but has filed a written statement or notice of his or her intent, no primary ballot shall be printed (rather than requiring a primary ballot to be prepared and a primary election held if the write-in candidate is the fifth candidate filed). Provides that where no primary is held, a person intending to become a write-in candidate shall re-file a declaration of intent to be a write-in candidate for the general election with the appropriate election authority or authorities. Removes language: concerning requirements for the written statement or notice; and providing that an election authority has no duty to conduct a primary and prepare a ballot for a uncontested office, unless the written statement or notice is filed in a timely manner.


LRB102 10367 SMS 15694 b

 

 

A BILL FOR

 

HB3488LRB102 10367 SMS 15694 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing 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
8office. A city incorporated under this Code that elects
9municipal officers at nonpartisan primary and general
10elections shall conduct the elections as provided in the
11Election Code, except that no office for which nomination is
12uncontested shall be included on the primary ballot and no
13primary shall be held for that office. For the purposes of this
14Section, an office is uncontested when not more than 4 persons
15to be nominated for each office have timely filed valid
16nominating papers seeking nomination for the election to that
17office.
18    Notwithstanding any other provision of law the preceding
19paragraph, when a person (i) who has not timely filed valid
20nomination papers and (ii) who intends to become a write-in
21candidate for nomination for any office for which nomination
22is uncontested files a written statement or notice of that
23intent with the proper election official with whom the

 

 

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1nomination papers for that office are filed, no primary ballot
2shall be printed. Where no primary is held, a person intending
3to become a write-in candidate at the general primary election
4shall re-file a declaration of intent to be a write-in
5candidate for the general election with the appropriate
6election authority or authorities if the write-in candidate
7becomes the fifth candidate filed, a primary ballot must be
8prepared and a primary must be held for the office. The
9statement or notice must be filed on or before the 61st day
10before the consolidated primary election. The statement must
11contain (i) the name and address of the person intending to
12become a write-in candidate, (ii) a statement that the person
13intends to become a write-in candidate, and (iii) the office
14the person is seeking as a write-in candidate. An election
15authority has no duty to conduct a primary election or prepare
16a primary ballot unless a statement meeting the requirements
17of this paragraph is filed in a timely manner.
18    If there is a primary election, then candidates shall be
19placed on the ballot for the next succeeding general municipal
20election in the following manner:
21        (1) If one officer is to be elected, then the 2
22    candidates who receive the highest number of votes shall
23    be placed on the ballot for the next succeeding general
24    municipal election.
25        (2) If 2 aldermen are to be elected at large, then the
26    4 candidates who receive the highest number of votes shall

 

 

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1    be placed on the ballot for the next succeeding general
2    municipal election.
3        (3) If 3 aldermen are to be elected at large, then the
4    6 candidates who receive the highest number of votes shall
5    be placed on the ballot for the next succeeding general
6    municipal election.
7    The name of a write-in candidate may not be placed on the
8ballot for the next succeeding general municipal election
9unless he or she receives a number of votes in the primary
10election that equals or exceeds the number of signatures
11required on a petition for nomination for that office or that
12exceeds the number of votes received by at least one of the
13candidates whose names were printed on the primary ballot for
14nomination for or election to the same office.
15(Source: P.A. 97-81, eff. 7-5-11.)