94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4250

 

Introduced 12/15/05, by Rep. Paul D. Froehlich

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/10-3   from Ch. 46, par. 10-3

    Amends the Election Code. Changes an independent General Assembly candidate's petition signature requirement to not less than 5% nor more than 8% of the number of persons who voted in the district at the most recent general election (now, not less than 10% nor more than 16% of that number). With respect to the first election after redistricting, changes the independent State Senate candidate's minimum signature requirement to 1,500 (now, 3,000) district voters and changes the independent State Representative candidate's minimum signature requirement to 750 (now, 1,500) district voters.


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A BILL FOR

 

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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 Section
5 10-3 as follows:
 
6     (10 ILCS 5/10-3)  (from Ch. 46, par. 10-3)
7     Sec. 10-3. Nomination of independent candidates (not
8 candidates of any political party), for any office to be filled
9 by the voters of the State at large may also be made by
10 nomination papers signed in the aggregate for each candidate by
11 1% of the number of voters who voted in the next preceding
12 Statewide general election or 25,000 qualified voters of the
13 State, whichever is less. Nominations of independent
14 candidates for public office within any district or political
15 subdivision less than the State, may be made by nomination
16 papers signed in the aggregate for each candidate by qualified
17 voters of such district, or political subdivision, equaling not
18 less than 5%, nor more than 8% (or 50 more than the minimum,
19 whichever is greater) of the number of persons, who voted at
20 the next preceding regular election in such district or
21 political subdivision in which such district or political
22 subdivision voted as a unit for the election of officers to
23 serve its respective territorial area, except that independent
24 candidates for the General Assembly shall require not less than
25 10%, nor more than 16% of the number of persons who voted at
26 the next preceding general election in such district or
27 political subdivision in which such district or political
28 subdivision voted as a unit for the election of officers to
29 serve its respective territorial area. However, whenever the
30 minimum signature requirement for an independent candidate
31 petition for a district or political subdivision office shall
32 exceed the minimum number of signatures for an independent

 

 

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1 candidate petition for an office to be filled by the voters of
2 the State at large at the next preceding State-wide general
3 election, such State-wide petition signature requirement shall
4 be the minimum for an independent candidate petition for such
5 district or political subdivision office. For the first
6 election following a redistricting of congressional districts,
7 nomination papers for an independent candidate for congressman
8 shall be signed by at least 5,000 qualified voters of the
9 congressional district. For the first election following a
10 redistricting of legislative districts, nomination papers for
11 an independent candidate for State Senator in the General
12 Assembly shall be signed by at least 1,500 3,000 qualified
13 voters of the legislative district. For the first election
14 following a redistricting of representative districts,
15 nomination papers for an independent candidate for State
16 Representative in the General Assembly shall be signed by at
17 least 750 1,500 qualified voters of the representative
18 district. For the first election following redistricting of
19 county board districts, or of municipal wards or districts, or
20 for the first election following the initial establishment of
21 such districts or wards in a county or municipality, nomination
22 papers for an independent candidate for county board member, or
23 for alderman or trustee of such municipality, shall be signed
24 by qualified voters of the district or ward equal to not less
25 than 5% nor more than 8% (or 50 more than the minimum,
26 whichever is greater) of the total number of votes cast at the
27 preceding general or general municipal election, as the case
28 may be, for the county or municipal office voted on throughout
29 such county or municipality for which the greatest total number
30 of votes were cast for all candidates, divided by the number of
31 districts or wards, but in any event not less than 25 qualified
32 voters of the district or ward. Each voter signing a nomination
33 paper shall add to his signature his place of residence, and
34 each voter may subscribe to one nomination for such office to
35 be filled, and no more: Provided that the name of any candidate
36 whose name may appear in any other place upon the ballot shall

 

 

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1 not be so added by petition for the same office.
2     The person circulating the petition, or the candidate on
3 whose behalf the petition is circulated, may strike any
4 signature from the petition, provided that;
5         (1) the person striking the signature shall initial the
6     petition at the place where the signature is struck; and
7         (2) the person striking the signature shall sign a
8     certification listing the page number and line number of
9     each signature struck from the petition. Such
10     certification shall be filed as a part of the petition.
11         (3) the persons striking signatures from the petition
12     shall each sign an additional certificate specifying the
13     number of certification pages listing stricken signatures
14     which are attached to the petition and the page numbers
15     indicated on such certifications. The certificate shall be
16     filed as a part of the petition, shall be numbered, and
17     shall be attached immediately following the last page of
18     voters' signatures and before the certifications of
19     stricken signatures.
20         (4) all of the foregoing requirements shall be
21     necessary to effect a valid striking of any signature. The
22     provisions of this Section authorizing the striking of
23     signatures shall not impose any criminal liability on any
24     person so authorized for signatures which may be
25     fraudulent.
26     In the case of the offices of Governor and Lieutenant
27 Governor a joint petition including one candidate for each of
28 those offices must be filed.
29     Every petition for nomination of an independent candidate
30 for any office for which candidates of established political
31 parties are nominated at the general primary shall be filed
32 within the time designated in Section 7-12 of this Act in
33 regard to nomination at the general primary of any other
34 candidate for such office.
35     A candidate for whom a nomination paper has been filed as a
36 partisan candidate at a primary election, and who is defeated

 

 

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1 for his or her nomination at the primary election, is
2 ineligible to be placed on the ballot as an independent
3 candidate for election in that general or consolidated
4 election.
5     A candidate seeking election to an office for which
6 candidates of political parties are nominated by caucus who is
7 a participant in the caucus and who is defeated for his or her
8 nomination at such caucus, is ineligible to be listed on the
9 ballot at that general or consolidated election as an
10 independent candidate.
11 (Source: P.A. 86-867; 86-875; 86-1028; 86-1348.)