94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4173

 

Introduced 11/02/05, by Rep. John A. Fritchey

 

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
10 ILCS 5/8-8.1   from Ch. 46, par. 8-8.1
10 ILCS 5/10-5.1   from Ch. 46, par. 10-5.1
10 ILCS 5/16-3   from Ch. 46, par. 16-3

    Amends the Election Code. Requires that if a candidate has changed his or her name during the 3 years before the deadline for filing nominating petitions, papers, or certificates, the candidate's name on his or her nominating petition, papers, or certificate and the ballot must include a reference to his or her former name or names and the date or dates of the name changes. Excludes certain name changes due to adoption or a change in marital status.


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A BILL FOR

 

HB4173 LRB094 14863 JAM 49870 b

1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing
5 Sections 7-10.2, 7-17, 8-8.1, 10-5.1, and 16-3 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
8 on a petition for nomination or certificate of nomination the
9 candidate's given name or names, initial or initials, a
10 nickname by which the candidate is commonly known, or a
11 combination thereof, may be used in addition to the candidate's
12 surname. If a candidate has changed his or her name, whether by
13 a statutory or common law procedure in Illinois or any other
14 jurisdiction, within 3 years before the last day for filing the
15 petition or certificate for that office, whichever is
16 applicable, then the candidate's name on the petition or
17 certificate must be followed by "formerly known as (list all
18 prior names during the 3-year period) until name changed on
19 (list date of each such name change)"; this requirement does
20 not apply to name changes resulting from adoption to assume an
21 adoptive parent's or parents' surname, marriage to assume a
22 spouse's surname, or dissolution of marriage or declaration of
23 invalidity of marriage to assume a former surname. No other
24 designation such as a political slogan, as defined by Section
25 7-17, title or degree, or nickname suggesting or implying
26 possession of a title, degree or professional status, or
27 similar information may be used in connection with the
28 candidate's surname, except that the title "Mrs." may be used
29 in the case of a married woman.
30 (Source: P.A. 93-574, eff. 8-21-03.)
 
31     (10 ILCS 5/7-17)  (from Ch. 46, par. 7-17)

 

 

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1     Sec. 7-17. Candidate ballot name procedures.
2     (a) Each election authority in each county shall cause to
3 be printed upon the general primary ballot of each party for
4 each precinct in his jurisdiction the name of each candidate
5 whose petition for nomination or for committeeman has been
6 filed in the office of the county clerk, as herein provided;
7 and also the name of each candidate whose name has been
8 certified to his office by the State Board of Elections, and in
9 the order so certified, except as hereinafter provided.
10     It shall be the duty of the election authority to cause to
11 be printed upon the consolidated primary ballot of each
12 political party for each precinct in his jurisdiction the name
13 of each candidate whose name has been certified to him, as
14 herein provided and which is to be voted for in such precinct.
15     (b) In the designation of the name of a candidate on the
16 primary ballot the candidate's given name or names, initial or
17 initials, a nickname by which the candidate is commonly known,
18 or a combination thereof, may be used in addition to the
19 candidate's surname. If a candidate has changed his or her
20 name, whether by a statutory or common law procedure in
21 Illinois or any other jurisdiction, within 3 years before the
22 last day for filing the petition for nomination, nomination
23 papers, or certificate of nomination for that office, whichever
24 is applicable, then the candidate's name on the primary ballot
25 must be followed by "formerly known as (list all prior names
26 during the 3-year period) until name changed on (list date of
27 each such name change)"; this requirement does not apply to
28 name changes resulting from adoption to assume an adoptive
29 parent's or parents' surname, marriage to assume a spouse's
30 surname, or dissolution of marriage or declaration of
31 invalidity of marriage to assume a former surname. No other
32 designation such as a political slogan, title, or degree, or
33 nickname suggesting or implying possession of a title, degree
34 or professional status, or similar information may be used in
35 connection with the candidate's surname, except that the title
36 "Mrs." may be used in the case of a married woman. For purposes

 

 

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1 of this Section, a "political slogan" is defined as any word or
2 words expressing or connoting a position, opinion, or belief
3 that the candidate may espouse, including but not limited to,
4 any word or words conveying any meaning other than that of the
5 personal identity of the candidate. A candidate may not use a
6 political slogan as part of his or her name on the ballot,
7 notwithstanding that the political slogan may be part of the
8 candidate's name.
9     (c) The State Board of Elections, a local election
10 official, or an election authority shall remove any candidate's
11 name designation from a ballot that is inconsistent with
12 subsection (b) of this Section. In addition, the State Board of
13 Elections, a local election official, or an election authority
14 shall not certify to any election authority any candidate name
15 designation that is inconsistent with subsection (b) of this
16 Section.
17     (d) If the State Board of Elections, a local election
18 official, or an election authority removes a candidate's name
19 designation from a ballot under subsection (c) of this Section,
20 then the aggrieved candidate may seek appropriate relief in
21 circuit court.
22 (Source: P.A. 93-574, eff. 8-21-03.)
 
23     (10 ILCS 5/8-8.1)  (from Ch. 46, par. 8-8.1)
24     Sec. 8-8.1. In the designation of the name of a candidate
25 on a petition for nomination, the candidate's given name or
26 names, initial or initials, a nickname by which the candidate
27 is commonly known, or a combination thereof, may be used in
28 addition to the candidate's surname. If a candidate has changed
29 his or her name, whether by a statutory or common law procedure
30 in Illinois or any other jurisdiction, within 3 years before
31 the last day for filing the petition for that office, then the
32 candidate's name on the petition must be followed by "formerly
33 known as (list all prior names during the 3-year period) until
34 name changed on (list date of each such name change)"; this
35 requirement does not apply to name changes resulting from

 

 

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1 adoption to assume an adoptive parent's or parents' surname,
2 marriage to assume a spouse's surname, or dissolution of
3 marriage or declaration of invalidity of marriage to assume a
4 former surname. No other designation such as a political
5 slogan, title, or degree, or nickname suggesting or implying
6 possession of a title, degree or professional status, or
7 similar information may be used in connection with the
8 candidate's surname, except that the title "Mrs." may be used
9 in the case of a married woman.
10 (Source: P.A. 93-574, eff. 8-21-03.)
 
11     (10 ILCS 5/10-5.1)  (from Ch. 46, par. 10-5.1)
12     Sec. 10-5.1. In the designation of the name of a candidate
13 on a certificate of nomination or nomination papers the
14 candidate's given name or names, initial or initials, a
15 nickname by which the candidate is commonly known, or a
16 combination thereof, may be used in addition to the candidate's
17 surname. If a candidate has changed his or her name, whether by
18 a statutory or common law procedure in Illinois or any other
19 jurisdiction, within 3 years before the last day for filing the
20 certificate of nomination or nomination papers for that office,
21 whichever is applicable, then the candidate's name on the
22 certificate or papers must be followed by "formerly known as
23 (list all prior names during the 3-year period) until name
24 changed on (list date of each such name change)"; this
25 requirement does not apply to name changes resulting from
26 adoption to assume an adoptive parent's or parents' surname,
27 marriage to assume a spouse's surname, or dissolution of
28 marriage or declaration of invalidity of marriage to assume a
29 former surname. No other designation such as a political
30 slogan, title, or degree, or nickname suggesting or implying
31 possession of a title, degree or professional status, or
32 similar information may be used in connection with the
33 candidate's surname, except that the title "Mrs." may be used
34 in the case of a married woman.
35 (Source: P.A. 93-574, eff. 8-21-03.)
 

 

 

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1     (10 ILCS 5/16-3)  (from Ch. 46, par. 16-3)
2     Sec. 16-3. (a) The names of all candidates to be voted for
3 in each election district or precinct shall be printed on one
4 ballot, except as is provided in Sections 16-6.1 and 21-1.01 of
5 this Act and except as otherwise provided in this Act with
6 respect to the odd year regular elections and the emergency
7 referenda; all nominations of any political party being placed
8 under the party appellation or title of such party as
9 designated in the certificates of nomination or petitions. The
10 names of all independent candidates shall be printed upon the
11 ballot in a column or columns under the heading "independent"
12 arranged under the names or titles of the respective offices
13 for which such independent candidates shall have been nominated
14 and so far as practicable, the name or names of any independent
15 candidate or candidates for any office shall be printed upon
16 the ballot opposite the name or names of any candidate or
17 candidates for the same office contained in any party column or
18 columns upon said ballot. The ballot shall contain no other
19 names, except that in cases of electors for President and
20 Vice-President of the United States, the names of the
21 candidates for President and Vice-President may be added to the
22 party designation and words calculated to aid the voter in his
23 choice of candidates may be added, such as "Vote for one,"
24 "Vote for three." When an electronic voting system is used
25 which utilizes a ballot label booklet, the candidates and
26 questions shall appear on the pages of such booklet in the
27 order provided by this Code; and, in any case where candidates
28 for an office appear on a page which does not contain the name
29 of any candidate for another office, and where less than 50% of
30 the page is utilized, the name of no candidate shall be printed
31 on the lowest 25% of such page. On the back or outside of the
32 ballot, so as to appear when folded, shall be printed the words
33 "Official Ballot", followed by the designation of the polling
34 place for which the ballot is prepared, the date of the
35 election and a facsimile of the signature of the election

 

 

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1 authority who has caused the ballots to be printed. The ballots
2 shall be of plain white paper, through which the printing or
3 writing cannot be read. However, ballots for use at the
4 nonpartisan and consolidated elections may be printed on
5 different color paper, except blue paper, whenever necessary or
6 desirable to facilitate distinguishing between ballots for
7 different political subdivisions. In the case of nonpartisan
8 elections for officers of a political subdivision, unless the
9 statute or an ordinance adopted pursuant to Article VII of the
10 Constitution providing the form of government therefor
11 requires otherwise, the column listing such nonpartisan
12 candidates shall be printed with no appellation or circle at
13 its head. The party appellation or title, or the word
14 "independent" at the head of any column provided for
15 independent candidates, shall be printed in letters not less
16 than one-fourth of an inch in height and a circle one-half inch
17 in diameter shall be printed at the beginning of the line in
18 which such appellation or title is printed, provided, however,
19 that no such circle shall be printed at the head of any column
20 or columns provided for such independent candidates. The names
21 of candidates shall be printed in letters not less than
22 one-eighth nor more than one-fourth of an inch in height, and
23 at the beginning of each line in which a name of a candidate is
24 printed a square shall be printed, the sides of which shall be
25 not less than one-fourth of an inch in length. However, the
26 names of the candidates for Governor and Lieutenant Governor on
27 the same ticket shall be printed within a bracket and a single
28 square shall be printed in front of the bracket. The list of
29 candidates of the several parties and any such list of
30 independent candidates shall be placed in separate columns on
31 the ballot in such order as the election authorities charged
32 with the printing of the ballots shall decide; provided, that
33 the names of the candidates of the several political parties,
34 certified by the State Board of Elections to the several county
35 clerks shall be printed by the county clerk of the proper
36 county on the official ballot in the order certified by the

 

 

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1 State Board of Elections. Any county clerk refusing, neglecting
2 or failing to print on the official ballot the names of
3 candidates of the several political parties in the order
4 certified by the State Board of Elections, and any county clerk
5 who prints or causes to be printed upon the official ballot the
6 name of a candidate, for an office to be filled by the Electors
7 of the entire State, whose name has not been duly certified to
8 him upon a certificate signed by the State Board of Elections
9 shall be guilty of a Class C misdemeanor.
10     (b) When an electronic voting system is used which utilizes
11 a ballot card, on the inside flap of each ballot card envelope
12 there shall be printed a form for write-in voting which shall
13 be substantially as follows:
14
WRITE-IN VOTES
15     (See card of instructions for specific information.
16 Duplicate form below by hand for additional write-in votes.)  
17      _____________________________  
18      Title of Office
19 (   )  ____________________________  
20      Name of Candidate
21     (c) When an electronic voting system is used which uses a
22 ballot sheet, the instructions to voters on the ballot sheet
23 shall refer the voter to the card of instructions for specific
24 information on write-in voting. Below each office appearing on
25 such ballot sheet there shall be a provision for the casting of
26 a write-in vote.
27     (d) When such electronic system is used, there shall be
28 printed on the back of each ballot card, each ballot card
29 envelope, and the first page of the ballot label when a ballot
30 label is used, the words "Official Ballot," followed by the
31 number of the precinct or other precinct identification, which
32 may be stamped, in lieu thereof and, as applicable, the number
33 and name of the township, ward or other election district for
34 which the ballot card, ballot card envelope, and ballot label
35 are prepared, the date of the election and a facsimile of the
36 signature of the election authority who has caused the ballots

 

 

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1 to be printed. The back of the ballot card shall also include a
2 method of identifying the ballot configuration such as a
3 listing of the political subdivisions and districts for which
4 votes may be cast on that ballot, or a number code identifying
5 the ballot configuration or color coded ballots, except that
6 where there is only one ballot configuration in a precinct, the
7 precinct identification, and any applicable ward
8 identification, shall be sufficient. Ballot card envelopes
9 used in punch card systems shall be of paper through which no
10 writing or punches may be discerned and shall be of sufficient
11 length to enclose all voting positions. However, the election
12 authority may provide ballot card envelopes on which no
13 precinct number or township, ward or other election district
14 designation, or election date are preprinted, if space and a
15 preprinted form are provided below the space provided for the
16 names of write-in candidates where such information may be
17 entered by the judges of election. Whenever an election
18 authority utilizes ballot card envelopes on which the election
19 date and precinct is not preprinted, a judge of election shall
20 mark such information for the particular precinct and election
21 on the envelope in ink before tallying and counting any
22 write-in vote written thereon. If some method of insuring
23 ballot secrecy other than an envelope is used, such information
24 must be provided on the ballot itself.
25     (e) In the designation of the name of a candidate on the
26 ballot, the candidate's given name or names, initial or
27 initials, a nickname by which the candidate is commonly known,
28 or a combination thereof, may be used in addition to the
29 candidate's surname. If a candidate has changed his or her
30 name, whether by a statutory or common law procedure in
31 Illinois or any other jurisdiction, within 3 years before the
32 last day for filing the petition for nomination, nomination
33 papers, or certificate of nomination for that office, whichever
34 is applicable, then the candidate's name on the ballot must be
35 followed by "formerly known as (list all prior names during the
36 3-year period) until name changed on (list date of each such

 

 

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1 name change)"; this requirement does not apply to name changes
2 resulting from adoption to assume an adoptive parent's or
3 parents' surname, marriage to assume a spouse's surname, or
4 dissolution of marriage or declaration of invalidity of
5 marriage to assume a former surname. No other designation such
6 as a political slogan, title, or degree or nickname suggesting
7 or implying possession of a title, degree or professional
8 status, or similar information may be used in connection with
9 the candidate's surname, except that the title "Mrs." may be
10 used in the case of a married woman. For purposes of this
11 Section, a "political slogan" is defined as any word or words
12 expressing or connoting a position, opinion, or belief that the
13 candidate may espouse, including but not limited to, any word
14 or words conveying any meaning other than that of the personal
15 identity of the candidate. A candidate may not use a political
16 slogan as part of his or her name on the ballot,
17 notwithstanding that the political slogan may be part of the
18 candidate's name.
19     (f) The State Board of Elections, a local election
20 official, or an election authority shall remove any candidate's
21 name designation from a ballot that is inconsistent with
22 subsection (e) of this Section. In addition, the State Board of
23 Elections, a local election official, or an election authority
24 shall not certify to any election authority any candidate name
25 designation that is inconsistent with subsection (e) of this
26 Section.
27     (g) If the State Board of Elections, a local election
28 official, or an election authority removes a candidate's name
29 designation from a ballot under subsection (f) of this Section,
30 then the aggrieved candidate may seek appropriate relief in
31 circuit court.
32     Where voting machines or electronic voting systems are
33 used, the provisions of this Section may be modified as
34 required or authorized by Article 24 or Article 24A, whichever
35 is applicable.
36     Nothing in this Section shall prohibit election

 

 

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1 authorities from using or reusing ballot card envelopes which
2 were printed before the effective date of this amendatory Act
3 of 1985.
4 (Source: P.A. 92-178, eff. 1-1-02; 93-574, eff. 8-21-03.)