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1 | AN ACT concerning State government. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | ARTICLE 1 | ||||||
5 | Section 1-5. The Election Code is amended by changing | ||||||
6 | Sections 7-11, 7-12, 7-61, 8-17, and 25-6 as follows: | ||||||
7 | (10 ILCS 5/7-11) (from Ch. 46, par. 7-11) | ||||||
8 | Sec. 7-11. Any candidate for President of the United | ||||||
9 | States may have his name printed upon the primary ballot of his | ||||||
10 | political party by filing in the office of the State Board of | ||||||
11 | Elections not more than 141 113 and not less than 134 106 days | ||||||
12 | prior to the date of the general primary, in any year in which | ||||||
13 | a Presidential election is to be held, a petition signed by not | ||||||
14 | less than 3000 or more than 5000 primary electors, members of | ||||||
15 | and affiliated with the party of which he is a candidate, and | ||||||
16 | no candidate for President of the United States, who fails to | ||||||
17 | comply with the provisions of this Article shall have his name | ||||||
18 | printed upon any primary ballot ; provided : Provided , however, | ||||||
19 | that if the rules or policies of a national political party | ||||||
20 | conflict with such requirements for filing petitions for | ||||||
21 | President of the United States in a presidential preference | ||||||
22 | primary, the Chair of the State central committee of such |
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1 | national political party shall notify the State Board of | ||||||
2 | Elections in writing, citing by reference the rules or | ||||||
3 | policies of the national political party in conflict, and in | ||||||
4 | such case the Board shall direct such petitions to be filed in | ||||||
5 | accordance with the delegate selection plan adopted by the | ||||||
6 | state central committee of such national political party. | ||||||
7 | Provided, further, unless rules or policies of a national | ||||||
8 | political party otherwise provide, the vote for President of | ||||||
9 | the United States, as herein provided for, shall be for the | ||||||
10 | sole purpose of securing an expression of the sentiment and | ||||||
11 | will of the party voters with respect to candidates for | ||||||
12 | nomination for said office, and the vote of the state at large | ||||||
13 | shall be taken and considered as advisory to the delegates and | ||||||
14 | alternates at large to the national conventions of respective | ||||||
15 | political parties; and the vote of the respective | ||||||
16 | congressional districts shall be taken and considered as | ||||||
17 | advisory to the delegates and alternates of said congressional | ||||||
18 | districts to the national conventions of the respective | ||||||
19 | political parties. | ||||||
20 | (Source: P.A. 100-1027, eff. 1-1-19 .) | ||||||
21 | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12) | ||||||
22 | Sec. 7-12. All petitions for nomination shall be filed by | ||||||
23 | mail or in person as follows: | ||||||
24 | (1) Except as otherwise provided in this Code, where | ||||||
25 | the nomination is to be made for a State, congressional, |
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1 | or judicial office, or for any office a nomination for | ||||||
2 | which is made for a territorial division or district which | ||||||
3 | comprises more than one county or is partly in one county | ||||||
4 | and partly in another county or counties (including the | ||||||
5 | Fox Metro Water Reclamation District), then, except as | ||||||
6 | otherwise provided in this Section, such petition for | ||||||
7 | nomination shall be filed in the principal office of the | ||||||
8 | State Board of Elections not more than 141 113 and not less | ||||||
9 | than 134 106 days prior to the date of the primary, but, in | ||||||
10 | the case of petitions for nomination to fill a vacancy by | ||||||
11 | special election in the office of representative in | ||||||
12 | Congress from this State, such petition for nomination | ||||||
13 | shall be filed in the principal office of the State Board | ||||||
14 | of Elections not more than 113 85 days and not less than | ||||||
15 | 110 82 days prior to the date of the primary. | ||||||
16 | Where a vacancy occurs in the office of Supreme, | ||||||
17 | Appellate or Circuit Court Judge within the 3-week period | ||||||
18 | preceding the 134th 106th day before a general primary | ||||||
19 | election, petitions for nomination for the office in which | ||||||
20 | the vacancy has occurred shall be filed in the principal | ||||||
21 | office of the State Board of Elections not more than 120 92 | ||||||
22 | nor less than 113 85 days prior to the date of the general | ||||||
23 | primary election. | ||||||
24 | Where the nomination is to be made for delegates or | ||||||
25 | alternate delegates to a national nominating convention, | ||||||
26 | then such petition for nomination shall be filed in the |
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1 | principal office of the State Board of Elections not more | ||||||
2 | than 141 113 and not less than 134 106 days prior to the | ||||||
3 | date of the primary; provided, however, that if the rules | ||||||
4 | or policies of a national political party conflict with | ||||||
5 | such requirements for filing petitions for nomination for | ||||||
6 | delegates or alternate delegates to a national nominating | ||||||
7 | convention, the chair of the State central committee of | ||||||
8 | such national political party shall notify the Board in | ||||||
9 | writing, citing by reference the rules or policies of the | ||||||
10 | national political party in conflict, and in such case the | ||||||
11 | Board shall direct such petitions to be filed in | ||||||
12 | accordance with the delegate selection plan adopted by the | ||||||
13 | state central committee of such national political party. | ||||||
14 | (2) Where the nomination is to be made for a county | ||||||
15 | office or trustee of a sanitary district then such | ||||||
16 | petition shall be filed in the office of the county clerk | ||||||
17 | not more than 141 113 nor less than 134 106 days prior to | ||||||
18 | the date of the primary. | ||||||
19 | (3) Where the nomination is to be made for a municipal | ||||||
20 | or township office, such petitions for nomination shall be | ||||||
21 | filed in the office of the local election official, not | ||||||
22 | more than 127 99 nor less than 120 92 days prior to the | ||||||
23 | date of the primary; provided, where a municipality's or | ||||||
24 | township's boundaries are coextensive with or are entirely | ||||||
25 | within the jurisdiction of a municipal board of election | ||||||
26 | commissioners, the petitions shall be filed in the office |
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1 | of such board; and provided, that petitions for the office | ||||||
2 | of multi-township assessor shall be filed with the | ||||||
3 | election authority. | ||||||
4 | (4) The petitions of candidates for State central | ||||||
5 | committeeperson shall be filed in the principal office of | ||||||
6 | the State Board of Elections not more than 141 113 nor less | ||||||
7 | than 134 106 days prior to the date of the primary. | ||||||
8 | (5) Petitions of candidates for precinct, township or | ||||||
9 | ward committeepersons shall be filed in the office of the | ||||||
10 | county clerk not more than 141 113 nor less than 134 106 | ||||||
11 | days prior to the date of the primary. | ||||||
12 | (6) The State Board of Elections and the various | ||||||
13 | election authorities and local election officials with | ||||||
14 | whom such petitions for nominations are filed shall | ||||||
15 | specify the place where filings shall be made and upon | ||||||
16 | receipt shall endorse thereon the day and hour on which | ||||||
17 | each petition was filed. All petitions filed by persons | ||||||
18 | waiting in line as of 8:00 a.m. on the first day for | ||||||
19 | filing, or as of the normal opening hour of the office | ||||||
20 | involved on such day, shall be deemed filed as of 8:00 a.m. | ||||||
21 | or the normal opening hour, as the case may be. Petitions | ||||||
22 | filed by mail and received after midnight of the first day | ||||||
23 | for filing and in the first mail delivery or pickup of that | ||||||
24 | day shall be deemed as filed as of 8:00 a.m. of that day or | ||||||
25 | as of the normal opening hour of such day, as the case may | ||||||
26 | be. All petitions received thereafter shall be deemed as |
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1 | filed in the order of actual receipt. However, 2 or more | ||||||
2 | petitions filed within the last hour of the filing | ||||||
3 | deadline shall be deemed filed simultaneously. Where 2 or | ||||||
4 | more petitions are received simultaneously, the State | ||||||
5 | Board of Elections or the various election authorities or | ||||||
6 | local election officials with whom such petitions are | ||||||
7 | filed shall break ties and determine the order of filing, | ||||||
8 | by means of a lottery or other fair and impartial method of | ||||||
9 | random selection approved by the State Board of Elections. | ||||||
10 | Such lottery shall be conducted within 9 days following | ||||||
11 | the last day for petition filing and shall be open to the | ||||||
12 | public. Seven days written notice of the time and place of | ||||||
13 | conducting such random selection shall be given by the | ||||||
14 | State Board of Elections to the chair of the State central | ||||||
15 | committee of each established political party, and by each | ||||||
16 | election authority or local election official, to the | ||||||
17 | County Chair of each established political party, and to | ||||||
18 | each organization of citizens within the election | ||||||
19 | jurisdiction which was entitled, under this Article, at | ||||||
20 | the next preceding election, to have pollwatchers present | ||||||
21 | on the day of election. The State Board of Elections, | ||||||
22 | election authority or local election official shall post | ||||||
23 | in a conspicuous, open and public place, at the entrance | ||||||
24 | of the office, notice of the time and place of such | ||||||
25 | lottery. The State Board of Elections shall adopt rules | ||||||
26 | and regulations governing the procedures for the conduct |
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1 | of such lottery. All candidates shall be certified in the | ||||||
2 | order in which their petitions have been filed. Where | ||||||
3 | candidates have filed simultaneously, they shall be | ||||||
4 | certified in the order determined by lot and prior to | ||||||
5 | candidates who filed for the same office at a later time. | ||||||
6 | (7) The State Board of Elections or the appropriate | ||||||
7 | election authority or local election official with whom | ||||||
8 | such a petition for nomination is filed shall notify the | ||||||
9 | person for whom a petition for nomination has been filed | ||||||
10 | of the obligation to file statements of organization, | ||||||
11 | reports of campaign contributions, and annual reports of | ||||||
12 | campaign contributions and expenditures under Article 9 of | ||||||
13 | this Code. Such notice shall be given in the manner | ||||||
14 | prescribed by paragraph (7) of Section 9-16 of this Code. | ||||||
15 | (8) Nomination papers filed under this Section are not | ||||||
16 | valid if the candidate named therein fails to file a | ||||||
17 | statement of economic interests as required by the | ||||||
18 | Illinois Governmental Ethics Act in relation to his | ||||||
19 | candidacy with the appropriate officer by the end of the | ||||||
20 | period for the filing of nomination papers unless he has | ||||||
21 | filed a statement of economic interests in relation to the | ||||||
22 | same governmental unit with that officer within a year | ||||||
23 | preceding the date on which such nomination papers were | ||||||
24 | filed. If the nomination papers of any candidate and the | ||||||
25 | statement of economic interests interest of that candidate | ||||||
26 | are not required to be filed with the same officer, the |
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1 | candidate must file with the officer with whom the | ||||||
2 | nomination papers are filed a receipt from the officer | ||||||
3 | with whom the statement of economic interests is filed | ||||||
4 | showing the date on which such statement was filed. Such | ||||||
5 | receipt shall be so filed not later than the last day on | ||||||
6 | which nomination papers may be filed. | ||||||
7 | (9) Except as otherwise provided in this Code, any | ||||||
8 | person for whom a petition for nomination, or for | ||||||
9 | committeeperson or for delegate or alternate delegate to a | ||||||
10 | national nominating convention has been filed may cause | ||||||
11 | his name to be withdrawn by request in writing, signed by | ||||||
12 | him and duly acknowledged before an officer qualified to | ||||||
13 | take acknowledgments of deeds, and filed in the principal | ||||||
14 | or permanent branch office of the State Board of Elections | ||||||
15 | or with the appropriate election authority or local | ||||||
16 | election official, not later than the date of | ||||||
17 | certification of candidates for the consolidated primary | ||||||
18 | or general primary ballot. No names so withdrawn shall be | ||||||
19 | certified or printed on the primary ballot. If petitions | ||||||
20 | for nomination have been filed for the same person with | ||||||
21 | respect to more than one political party, his name shall | ||||||
22 | not be certified nor printed on the primary ballot of any | ||||||
23 | party. If petitions for nomination have been filed for the | ||||||
24 | same person for 2 or more offices which are incompatible | ||||||
25 | so that the same person could not serve in more than one of | ||||||
26 | such offices if elected, that person must withdraw as a |
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1 | candidate for all but one of such offices within the 5 | ||||||
2 | business days following the last day for petition filing. | ||||||
3 | A candidate in a judicial election may file petitions for | ||||||
4 | nomination for only one vacancy in a subcircuit and only | ||||||
5 | one vacancy in a circuit in any one filing period, and if | ||||||
6 | petitions for nomination have been filed for the same | ||||||
7 | person for 2 or more vacancies in the same circuit or | ||||||
8 | subcircuit in the same filing period, his or her name | ||||||
9 | shall be certified only for the first vacancy for which | ||||||
10 | the petitions for nomination were filed. If he fails to | ||||||
11 | withdraw as a candidate for all but one of such offices | ||||||
12 | within such time his name shall not be certified, nor | ||||||
13 | printed on the primary ballot, for any office. For the | ||||||
14 | purpose of the foregoing provisions, an office in a | ||||||
15 | political party is not incompatible with any other office. | ||||||
16 | (10)(a) Notwithstanding the provisions of any other | ||||||
17 | statute, no primary shall be held for an established | ||||||
18 | political party in any township, municipality, or ward | ||||||
19 | thereof, where the nomination of such party for every | ||||||
20 | office to be voted upon by the electors of such township, | ||||||
21 | municipality, or ward thereof, is uncontested. Whenever a | ||||||
22 | political party's nomination of candidates is uncontested | ||||||
23 | as to one or more, but not all, of the offices to be voted | ||||||
24 | upon by the electors of a township, municipality, or ward | ||||||
25 | thereof, then a primary shall be held for that party in | ||||||
26 | such township, municipality, or ward thereof; provided |
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1 | that the primary ballot shall not include those offices | ||||||
2 | within such township, municipality, or ward thereof, for | ||||||
3 | which the nomination is uncontested. For purposes of this | ||||||
4 | Article, the nomination of an established political party | ||||||
5 | of a candidate for election to an office shall be deemed to | ||||||
6 | be uncontested where not more than the number of persons | ||||||
7 | to be nominated have timely filed valid nomination papers | ||||||
8 | seeking the nomination of such party for election to such | ||||||
9 | office. | ||||||
10 | (b) Notwithstanding the provisions of any other | ||||||
11 | statute, no primary election shall be held for an | ||||||
12 | established political party for any special primary | ||||||
13 | election called for the purpose of filling a vacancy in | ||||||
14 | the office of representative in the United States Congress | ||||||
15 | where the nomination of such political party for said | ||||||
16 | office is uncontested. For the purposes of this Article, | ||||||
17 | the nomination of an established political party of a | ||||||
18 | candidate for election to said office shall be deemed to | ||||||
19 | be uncontested where not more than the number of persons | ||||||
20 | to be nominated have timely filed valid nomination papers | ||||||
21 | seeking the nomination of such established party for | ||||||
22 | election to said office. This subsection (b) shall not | ||||||
23 | apply if such primary election is conducted on a regularly | ||||||
24 | scheduled election day. | ||||||
25 | (c) Notwithstanding the provisions in subparagraph (a) | ||||||
26 | and (b) of this paragraph (10), whenever a person who has |
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1 | not timely filed valid nomination papers and who intends | ||||||
2 | to become a write-in candidate for a political party's | ||||||
3 | nomination for any office for which the nomination is | ||||||
4 | uncontested files a written statement or notice of that | ||||||
5 | intent with the State Board of Elections or the local | ||||||
6 | election official with whom nomination papers for such | ||||||
7 | office are filed, a primary ballot shall be prepared and a | ||||||
8 | primary shall be held for that office. Such statement or | ||||||
9 | notice shall be filed on or before the date established in | ||||||
10 | this Article for certifying candidates for the primary | ||||||
11 | ballot. Such statement or notice shall contain (i) the | ||||||
12 | name and address of the person intending to become a | ||||||
13 | write-in candidate, (ii) a statement that the person is a | ||||||
14 | qualified primary elector of the political party from whom | ||||||
15 | the nomination is sought, (iii) a statement that the | ||||||
16 | person intends to become a write-in candidate for the | ||||||
17 | party's nomination, and (iv) the office the person is | ||||||
18 | seeking as a write-in candidate. An election authority | ||||||
19 | shall have no duty to conduct a primary and prepare a | ||||||
20 | primary ballot for any office for which the nomination is | ||||||
21 | uncontested unless a statement or notice meeting the | ||||||
22 | requirements of this Section is filed in a timely manner. | ||||||
23 | (11) If multiple sets of nomination papers are filed | ||||||
24 | for a candidate to the same office, the State Board of | ||||||
25 | Elections, appropriate election authority or local | ||||||
26 | election official where the petitions are filed shall |
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1 | within 2 business days notify the candidate of his or her | ||||||
2 | multiple petition filings and that the candidate has 3 | ||||||
3 | business days after receipt of the notice to notify the | ||||||
4 | State Board of Elections, appropriate election authority | ||||||
5 | or local election official that he or she may cancel prior | ||||||
6 | sets of petitions. If the candidate notifies the State | ||||||
7 | Board of Elections, appropriate election authority or | ||||||
8 | local election official, the last set of petitions filed | ||||||
9 | shall be the only petitions to be considered valid by the | ||||||
10 | State Board of Elections, election authority or local | ||||||
11 | election official. If the candidate fails to notify the | ||||||
12 | State Board of Elections, election authority or local | ||||||
13 | election official then only the first set of petitions | ||||||
14 | filed shall be valid and all subsequent petitions shall be | ||||||
15 | void. | ||||||
16 | (12) All nominating petitions shall be available for | ||||||
17 | public inspection and shall be preserved for a period of | ||||||
18 | not less than 6 months. | ||||||
19 | (Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21; | ||||||
20 | 102-687, eff. 12-17-21.) | ||||||
21 | (10 ILCS 5/7-61) (from Ch. 46, par. 7-61) | ||||||
22 | Sec. 7-61. Whenever a special election is necessary, the | ||||||
23 | provisions of this Article are applicable to the nomination of | ||||||
24 | candidates to be voted for at such special election. | ||||||
25 | In cases where a primary election is required, the officer |
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1 | or board or commission whose duty it is under the provisions of | ||||||
2 | this Code relating to general elections to call an election | ||||||
3 | shall fix a date for the primary for the nomination of | ||||||
4 | candidates to be voted for at such special election. Notice of | ||||||
5 | such primary shall be given at least 15 days prior to the | ||||||
6 | maximum time provided for the filing of petitions for such a | ||||||
7 | primary as provided in Section 7-12. | ||||||
8 | Any vacancy in nomination under the provisions of this | ||||||
9 | Article 7 occurring on or after the primary and prior to | ||||||
10 | certification of candidates by the certifying board or officer | ||||||
11 | must be filled prior to the date of certification. Any vacancy | ||||||
12 | in nomination occurring after certification but prior to 15 | ||||||
13 | days before the general election shall be filled within 8 days | ||||||
14 | after the event creating the vacancy. The resolution filling | ||||||
15 | the vacancy shall be sent by U. S. mail or personal delivery to | ||||||
16 | the certifying officer or board within 3 days of the action by | ||||||
17 | which the vacancy was filled; provided, if such resolution is | ||||||
18 | sent by mail and the U. S. postmark on the envelope containing | ||||||
19 | such resolution is dated prior to the expiration of such 3-day | ||||||
20 | limit, the resolution shall be deemed filed within such 3-day | ||||||
21 | limit. Failure to so transmit the resolution within the time | ||||||
22 | specified in this Section shall authorize the certifying | ||||||
23 | officer or board to certify the original candidate. Vacancies | ||||||
24 | shall be filled by the officers of a local municipal or | ||||||
25 | township political party as specified in subsection (h) of | ||||||
26 | Section 7-8, other than a statewide political party, that is |
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1 | established only within a municipality or township and the | ||||||
2 | managing committee (or legislative committee in case of a | ||||||
3 | candidate for State Senator or representative committee in the | ||||||
4 | case of a candidate for State Representative in the General | ||||||
5 | Assembly or State central committee in the case of a candidate | ||||||
6 | for statewide office, including, but not limited to, the | ||||||
7 | office of United States Senator) of the respective political | ||||||
8 | party for the territorial area in which such vacancy occurs. | ||||||
9 | The resolution to fill a vacancy in nomination shall be | ||||||
10 | duly acknowledged before an officer qualified to take | ||||||
11 | acknowledgments of deeds and shall include, upon its face, the | ||||||
12 | following information: | ||||||
13 | (a) the name of the original nominee and the office | ||||||
14 | vacated; | ||||||
15 | (b) the date on which the vacancy occurred; | ||||||
16 | (c) the name and address of the nominee selected to | ||||||
17 | fill the vacancy and the date of selection. | ||||||
18 | The resolution to fill a vacancy in nomination shall be | ||||||
19 | accompanied by a Statement of Candidacy, as prescribed in | ||||||
20 | Section 7-10, completed by the selected nominee and a receipt | ||||||
21 | indicating that such nominee has filed a statement of economic | ||||||
22 | interests as required by the Illinois Governmental Ethics Act. | ||||||
23 | The provisions of Section 10-8 through 10-10.1 relating to | ||||||
24 | objections to certificates of nomination and nomination | ||||||
25 | papers, hearings on objections, and judicial review, shall | ||||||
26 | apply to and govern objections to resolutions for filling a |
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1 | vacancy in nomination. | ||||||
2 | Any vacancy in nomination occurring 15 days or less before | ||||||
3 | the consolidated election or the general election shall not be | ||||||
4 | filled. In this event, the certification of the original | ||||||
5 | candidate shall stand and his name shall appear on the | ||||||
6 | official ballot to be voted at the general election. | ||||||
7 | A vacancy in nomination occurs when a candidate who has | ||||||
8 | been nominated under the provisions of this Article 7 dies | ||||||
9 | before the election (whether death occurs prior to, on or | ||||||
10 | after the day of the primary), or declines the nomination; | ||||||
11 | provided that nominations may become vacant for other reasons. | ||||||
12 | If the name of no established political party candidate | ||||||
13 | was printed on the consolidated primary ballot for a | ||||||
14 | particular office and if no person was nominated as a write-in | ||||||
15 | candidate for such office, a vacancy in nomination shall be | ||||||
16 | created which may be filled in accordance with the | ||||||
17 | requirements of this Section. Except as otherwise provided in | ||||||
18 | this Code, if the name of no established political party | ||||||
19 | candidate was printed on the general primary ballot for an a | ||||||
20 | particular office nominated under this Article and if no | ||||||
21 | person was nominated as a write-in candidate for such office, | ||||||
22 | a vacancy in nomination shall be filled only by a person | ||||||
23 | designated by the appropriate committee of the political party | ||||||
24 | and only if that designated person files nominating petitions | ||||||
25 | with the number of signatures required for an established | ||||||
26 | party candidate for that office within 75 days after the day of |
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1 | the general primary. The circulation period for those | ||||||
2 | petitions begins on the day the appropriate committee | ||||||
3 | designates that person. The person shall file his or her | ||||||
4 | nominating petitions, statements of candidacy, notice of | ||||||
5 | appointment by the appropriate committee, and receipt of | ||||||
6 | filing his or her statement of economic interests together. | ||||||
7 | These documents shall be filed at the same location as | ||||||
8 | provided in Section 7-12. The electoral boards having | ||||||
9 | jurisdiction under Section 10-9 to hear and pass upon | ||||||
10 | objections to nominating petitions also shall hear and pass | ||||||
11 | upon objections to nomination petitions filed by candidates | ||||||
12 | under this paragraph. | ||||||
13 | A candidate for whom a nomination paper has been filed as a | ||||||
14 | partisan candidate at a primary election, and who is defeated | ||||||
15 | for his or her nomination at such primary election, is | ||||||
16 | ineligible to be listed on the ballot at that general or | ||||||
17 | consolidated election as a candidate of another political | ||||||
18 | party. | ||||||
19 | A candidate seeking election to an office for which | ||||||
20 | candidates of political parties are nominated by caucus who is | ||||||
21 | a participant in the caucus and who is defeated for his or her | ||||||
22 | nomination at such caucus is ineligible to be listed on the | ||||||
23 | ballot at that general or consolidated election as a candidate | ||||||
24 | of another political party. | ||||||
25 | In the proceedings to nominate a candidate to fill a | ||||||
26 | vacancy or to fill a vacancy in the nomination, each precinct, |
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1 | township, ward, county, or congressional district, as the case | ||||||
2 | may be, shall, through its representative on such central or | ||||||
3 | managing committee, be entitled to one vote for each ballot | ||||||
4 | voted in such precinct, township, ward, county, or | ||||||
5 | congressional district, as the case may be, by the primary | ||||||
6 | electors of its party at the primary election immediately | ||||||
7 | preceding the meeting at which such vacancy is to be filled. | ||||||
8 | For purposes of this Section, the words "certify" and | ||||||
9 | "certification" shall refer to the act of officially declaring | ||||||
10 | the names of candidates entitled to be printed upon the | ||||||
11 | official ballot at an election and directing election | ||||||
12 | authorities to place the names of such candidates upon the | ||||||
13 | official ballot. "Certifying officers or board" shall refer to | ||||||
14 | the local election official, the election authority, or the | ||||||
15 | State Board of Elections, as the case may be, with whom | ||||||
16 | nomination papers, including certificates of nomination and | ||||||
17 | resolutions to fill vacancies in nomination, are filed and | ||||||
18 | whose duty it is to certify candidates. | ||||||
19 | (Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23.) | ||||||
20 | (10 ILCS 5/8-17) (from Ch. 46, par. 8-17) | ||||||
21 | Sec. 8-17. The death of any candidate prior to, or on, the | ||||||
22 | date of the primary shall not affect the canvass of the | ||||||
23 | ballots. If the result of such canvass discloses that such | ||||||
24 | candidate, if he had lived, would have been nominated, such | ||||||
25 | candidate shall be declared nominated. |
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1 | In the event that a candidate of a party who has been | ||||||
2 | nominated under the provisions of this Article shall die | ||||||
3 | before election (whether death occurs prior to, or on, or | ||||||
4 | after, the date of the primary) , or decline the nomination , or | ||||||
5 | withdraw the candidate's name from the ballot prior to the | ||||||
6 | general election or should the nomination for any other reason | ||||||
7 | become vacant , the legislative or representative committee of | ||||||
8 | such party for such district shall nominate a candidate of | ||||||
9 | such party to fill such vacancy. However, if there was no | ||||||
10 | candidate for the nomination of the party in the primary, | ||||||
11 | except as otherwise provided in this Code, no candidate of | ||||||
12 | that party for that office may be listed on the ballot at the | ||||||
13 | general election , unless the legislative or representative | ||||||
14 | committee of the party nominates a candidate to fill the | ||||||
15 | vacancy in nomination within 75 days after the date of the | ||||||
16 | general primary election. Vacancies in nomination occurring | ||||||
17 | under this Article shall be filled by the appropriate | ||||||
18 | legislative or representative committee in accordance with the | ||||||
19 | provisions of Section 7-61 of this Code . In proceedings to | ||||||
20 | fill the vacancy in nomination, the voting strength of the | ||||||
21 | members of the legislative or representative committee shall | ||||||
22 | be as provided in Section 8-6 or as provided in Section 25-6, | ||||||
23 | as applicable . | ||||||
24 | (Source: P.A. 102-15, eff. 6-17-21.) | ||||||
25 | (10 ILCS 5/25-6) (from Ch. 46, par. 25-6) |
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1 | Sec. 25-6. General Assembly vacancies. | ||||||
2 | (a) When a vacancy occurs in the office of State Senator or | ||||||
3 | Representative in the General Assembly, the vacancy shall be | ||||||
4 | filled within 30 days by appointment of the legislative or | ||||||
5 | representative committee of that legislative or representative | ||||||
6 | district of the political party of which the incumbent was a | ||||||
7 | candidate at the time of his election. Prior to holding a | ||||||
8 | meeting to fill the vacancy, the committee shall make public | ||||||
9 | (i) the names of the committeeperson on the appropriate | ||||||
10 | legislative or representative committee, (ii) the date, time, | ||||||
11 | and location of the meeting to fill the vacancy, and (iii) any | ||||||
12 | information on how to apply or submit a name for consideration | ||||||
13 | as the appointee. A meeting to fill a vacancy in office shall | ||||||
14 | be held in the district or virtually, and any meeting shall be | ||||||
15 | accessible to the public. The appointee shall be a member of | ||||||
16 | the same political party as the person he succeeds was at the | ||||||
17 | time of his election, and shall be otherwise eligible to serve | ||||||
18 | as a member of the General Assembly. | ||||||
19 | (b) When a vacancy occurs in the office of a legislator | ||||||
20 | elected other than as a candidate of a political party, the | ||||||
21 | vacancy shall be filled within 30 days of such occurrence by | ||||||
22 | appointment of the Governor. The appointee shall not be a | ||||||
23 | member of a political party, and shall be otherwise eligible | ||||||
24 | to serve as a member of the General Assembly. Provided, | ||||||
25 | however, the appropriate body of the General Assembly may, by | ||||||
26 | resolution, allow a legislator elected other than as a |
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1 | candidate of a political party to affiliate with a political | ||||||
2 | party for his term of office in the General Assembly. A vacancy | ||||||
3 | occurring in the office of any such legislator who affiliates | ||||||
4 | with a political party pursuant to resolution shall be filled | ||||||
5 | within 30 days of such occurrence by appointment of the | ||||||
6 | appropriate legislative or representative committee of that | ||||||
7 | legislative or representative district of the political party | ||||||
8 | with which the legislator so affiliates. The appointee shall | ||||||
9 | be a member of the political party with which the incumbent | ||||||
10 | affiliated. | ||||||
11 | (c) For purposes of this Section, a person is a member of a | ||||||
12 | political party for 23 months after (i) signing a candidate | ||||||
13 | petition, as to the political party whose nomination is | ||||||
14 | sought; (ii) signing a statement of candidacy, as to the | ||||||
15 | political party where nomination or election is sought; (iii) | ||||||
16 | signing a Petition of Political Party Formation, as to the | ||||||
17 | proposed political party; (iv) applying for and receiving a | ||||||
18 | primary ballot, as to the political party whose ballot is | ||||||
19 | received; or (v) becoming a candidate for election to or | ||||||
20 | accepting appointment to the office of ward, township, | ||||||
21 | precinct or state central committeeperson. | ||||||
22 | (d) In making appointments under this Section, each | ||||||
23 | committeeperson of the appropriate legislative or | ||||||
24 | representative committee shall be entitled to one vote for | ||||||
25 | each vote that was received, in that portion of the | ||||||
26 | legislative or representative district which he represents on |
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1 | the committee, by the Senator or Representative whose seat is | ||||||
2 | vacant at the general election at which that legislator was | ||||||
3 | elected to the seat which has been vacated and a majority of | ||||||
4 | the total number of votes received in such election by the | ||||||
5 | Senator or Representative whose seat is vacant is required for | ||||||
6 | the appointment of his successor; provided, however, that in | ||||||
7 | making appointments in legislative or representative districts | ||||||
8 | comprising only one county or part of a county other than a | ||||||
9 | county containing 2,000,000 or more inhabitants, each | ||||||
10 | committeeperson shall be entitled to cast only one vote. | ||||||
11 | (e) Appointments made under this Section shall be in | ||||||
12 | writing and shall be signed by members of the legislative or | ||||||
13 | representative committee whose total votes are sufficient to | ||||||
14 | make the appointments or by the Governor, as the case may be. | ||||||
15 | Such appointments shall be filed with the Secretary of State | ||||||
16 | and with the Clerk of the House of Representatives or the | ||||||
17 | Secretary of the Senate, whichever is appropriate. | ||||||
18 | (f) An appointment made under this Section shall be for | ||||||
19 | the remainder of the term, except that, if the appointment is | ||||||
20 | to fill a vacancy in the office of State Senator and the | ||||||
21 | vacancy occurs with more than 28 months remaining in the term, | ||||||
22 | the term of the appointment shall expire at the time of the | ||||||
23 | next general election at which time a Senator shall be elected | ||||||
24 | for a new term commencing on the determination of the results | ||||||
25 | of the election and ending on the second Wednesday of January | ||||||
26 | in the second odd-numbered year next occurring. If a vacancy |
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1 | in office of State Senator occurs with more than 28 months | ||||||
2 | remaining in the term and after the period for filing | ||||||
3 | petitions for the general primary election, then the | ||||||
4 | appropriate legislative committee for the applicable political | ||||||
5 | party may fill a vacancy in nomination for that office in | ||||||
6 | accordance with Section 7-61 for the next general election, | ||||||
7 | except that each committeeperson of the appropriate | ||||||
8 | legislative committee shall be entitled to one vote for each | ||||||
9 | vote received, by the Senator whose seat is vacant, in the | ||||||
10 | portion of the legislative district that the committeeperson | ||||||
11 | represents on the committee, at the most recent general | ||||||
12 | election at which that Senator was elected. A majority of the | ||||||
13 | total number of votes received in that election by the Senator | ||||||
14 | whose seat is vacant is required to fill the vacancy in | ||||||
15 | nomination. However, in filling a vacancy in nomination in a | ||||||
16 | legislative district composed of only one county or part of a | ||||||
17 | county, other than a county containing 2,000,000 or more | ||||||
18 | inhabitants, each committeeperson shall be entitled to cast | ||||||
19 | only one vote. Whenever a Senator has been appointed to fill a | ||||||
20 | vacancy and was thereafter elected to that office, the term of | ||||||
21 | service under the authority of the election shall be | ||||||
22 | considered a new term of service, separate from the term of | ||||||
23 | service rendered under the authority of the appointment. | ||||||
24 | (Source: P.A. 102-15, eff. 6-17-21.) | ||||||
25 | ARTICLE 2 |
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1 | Section 2-1. Short title. This Article may be cited as the | ||||||
2 | Election Worker Protection and Candidate Accountability | ||||||
3 | Referendum Act. References in this Article to "this Act" mean | ||||||
4 | this Article. | ||||||
5 | Section 2-5. Referendum. The State Board of Elections | ||||||
6 | shall cause a statewide advisory question of public policy to | ||||||
7 | be submitted to the voters at the general election to be held | ||||||
8 | on November 5, 2024. The question shall appear in the | ||||||
9 | following form: | ||||||
10 | "Should any candidate appearing on the Illinois ballot for | ||||||
11 | federal, State, or local office be subject to civil | ||||||
12 | penalties if the candidate interferes or attempts to | ||||||
13 | interfere with an election worker's official duties?" | ||||||
14 | The votes on the question shall be recorded as "Yes" or | ||||||
15 | "No". | ||||||
16 | Section 2-10. Certification. The State Board of Elections | ||||||
17 | shall immediately certify the question set forth in Section | ||||||
18 | 2-5 of this Act to be submitted to the voters of the entire | ||||||
19 | State to each election authority in Illinois. | ||||||
20 | Section 2-15. Repeal. This Act is repealed on January 1, |
| |||||||
| |||||||
1 | 2025. | ||||||
2 | ARTICLE 3 | ||||||
3 | Section 3-1. Short title. This Article may be cited as the | ||||||
4 | Property Tax Relief and Fairness Referendum Act. References in | ||||||
5 | this Article to "this Act" mean this Article. | ||||||
6 | Section 3-5. Referendum. The State Board of Elections | ||||||
7 | shall cause a statewide advisory question of public policy to | ||||||
8 | be submitted to the voters at the general election to be held | ||||||
9 | on November 5, 2024. The question shall appear in the | ||||||
10 | following form: | ||||||
11 | "Should the Illinois Constitution be amended to create an | ||||||
12 | additional 3% tax on income greater than $1,000,000 for | ||||||
13 | the purpose of dedicating funds raised to property tax | ||||||
14 | relief?" | ||||||
15 | The votes on the question shall be recorded as "Yes" or | ||||||
16 | "No". | ||||||
17 | Section 3-10. Certification. The State Board of Elections | ||||||
18 | shall immediately certify the question set forth in Section | ||||||
19 | 3-5 of this Act to be submitted to the voters of the entire | ||||||
20 | State to each election authority in Illinois. |
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| |||||||
1 | Section 3-15. Repeal. This Act is repealed on January 1, | ||||||
2 | 2025. | ||||||
3 | ARTICLE 4 | ||||||
4 | Section 4-1. Short title. This Article may be cited as the | ||||||
5 | Assisted Reproductive Health Referendum Act. References in | ||||||
6 | this Article to "this Act" mean this Article. | ||||||
7 | Section 4-5. Referendum. The State Board of Elections | ||||||
8 | shall cause a statewide advisory question of public policy to | ||||||
9 | be submitted to the voters at the general election to be held | ||||||
10 | on November 5, 2024. The question shall appear in the | ||||||
11 | following form: | ||||||
12 | "Should all medically appropriate assisted reproductive | ||||||
13 | treatments, including, but not limited to, in vitro | ||||||
14 | fertilization, be covered by any health insurance plan in | ||||||
15 | Illinois that provides coverage for pregnancy benefits, | ||||||
16 | without limitation on the number of treatments?" | ||||||
17 | The votes on the question shall be recorded as "Yes" or | ||||||
18 | "No". | ||||||
19 | Section 4-10. Certification. The State Board of Elections |
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| |||||||
1 | shall immediately certify the question set forth in Section | ||||||
2 | 4-5 of this Act to be submitted to the voters of the entire | ||||||
3 | State to each election authority in Illinois. | ||||||
4 | Section 4-15`. Repeal. This Act is repealed on January 1, | ||||||
5 | 2025. | ||||||
6 | ARTICLE 99 | ||||||
7 | Section 99-97. Severability. The provisions of this Act | ||||||
8 | are severable under Section 1.31 of the Statute on Statutes. | ||||||
9 | Section 99-99. Effective date. This Act takes effect upon | ||||||
10 | becoming law. |