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1 | AN ACT concerning regulation.
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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
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5 | Sections 2A-1.2, 7-10, 7-12, 10-9, 22-1, and 22-7 as follows:
| ||||||||||||||||||||||||||||||||||||||||
6 | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
| ||||||||||||||||||||||||||||||||||||||||
7 | Sec. 2A-1.2. Consolidated schedule of elections ; offices | ||||||||||||||||||||||||||||||||||||||||
8 | designated.
| ||||||||||||||||||||||||||||||||||||||||
9 | (a) At the general election in the appropriate | ||||||||||||||||||||||||||||||||||||||||
10 | even-numbered years, the
following offices shall be filled or | ||||||||||||||||||||||||||||||||||||||||
11 | shall be on the ballot as otherwise
required by this Code:
| ||||||||||||||||||||||||||||||||||||||||
12 | (1) Elector of President and Vice President of the | ||||||||||||||||||||||||||||||||||||||||
13 | United States;
| ||||||||||||||||||||||||||||||||||||||||
14 | (2) United States Senator and United States | ||||||||||||||||||||||||||||||||||||||||
15 | Representative;
| ||||||||||||||||||||||||||||||||||||||||
16 | (3) State Executive Branch elected officers;
| ||||||||||||||||||||||||||||||||||||||||
17 | (4) State Senator and State Representative;
| ||||||||||||||||||||||||||||||||||||||||
18 | (5) County elected officers, including State's | ||||||||||||||||||||||||||||||||||||||||
19 | Attorney, County Board
member, County Commissioners, and | ||||||||||||||||||||||||||||||||||||||||
20 | elected President of the County Board or
County Chief | ||||||||||||||||||||||||||||||||||||||||
21 | Executive;
| ||||||||||||||||||||||||||||||||||||||||
22 | (6) Circuit Court Clerk;
| ||||||||||||||||||||||||||||||||||||||||
23 | (7) Regional Superintendent of Schools, except in |
| |||||||
| |||||||
1 | counties or
educational service regions in which that | ||||||
2 | office has been abolished;
| ||||||
3 | (8) Judges of the Supreme, Appellate and Circuit | ||||||
4 | Courts, on the question
of retention, to fill vacancies and | ||||||
5 | newly created judicial offices;
| ||||||
6 | (9) Members of the Illinois Commerce Commission
| ||||||
7 | (Blank) ;
| ||||||
8 | (10) Trustee of the Metropolitan Sanitary District of | ||||||
9 | Chicago, and elected
Trustee of other Sanitary Districts;
| ||||||
10 | (11) Special District elected officers, not otherwise | ||||||
11 | designated in this
Section, where the statute creating or | ||||||
12 | authorizing the creation of
the district requires an annual | ||||||
13 | election and permits or requires election
of candidates of | ||||||
14 | political parties.
| ||||||
15 | (b) At the general primary election:
| ||||||
16 | (1) in each even-numbered year candidates of political | ||||||
17 | parties shall be
nominated for those offices to be filled | ||||||
18 | at the general election in that
year, except where pursuant | ||||||
19 | to law nomination of candidates of political
parties is | ||||||
20 | made by caucus.
| ||||||
21 | (2) in the appropriate even-numbered years the | ||||||
22 | political party offices of
State central committeeman, | ||||||
23 | township committeeman, ward committeeman, and
precinct | ||||||
24 | committeeman shall be filled and delegates and alternate | ||||||
25 | delegates
to the National nominating conventions shall be | ||||||
26 | elected as may be required
pursuant to this Code. In the |
| |||||||
| |||||||
1 | even-numbered years in which a Presidential
election is to | ||||||
2 | be held, candidates in the Presidential preference primary
| ||||||
3 | shall also be on the ballot.
| ||||||
4 | (3) in each even-numbered year, where the municipality | ||||||
5 | has provided for
annual elections to elect municipal | ||||||
6 | officers pursuant to Section 6(f) or
Section 7 of Article | ||||||
7 | VII of the Constitution, pursuant to the Illinois
Municipal | ||||||
8 | Code or pursuant to the municipal charter, the offices of | ||||||
9 | such
municipal officers shall be filled at an election held | ||||||
10 | on the date of the
general primary election, provided that | ||||||
11 | the municipal election shall be a
nonpartisan election | ||||||
12 | where required by the Illinois Municipal Code. For
partisan | ||||||
13 | municipal elections in even-numbered years, a primary to | ||||||
14 | nominate
candidates for municipal office to be elected at | ||||||
15 | the general primary
election shall be held on the Tuesday 6 | ||||||
16 | weeks preceding that election.
| ||||||
17 | (4) in each school district which has adopted the | ||||||
18 | provisions of
Article 33 of the School Code, successors to | ||||||
19 | the members of the board
of education whose terms expire in | ||||||
20 | the year in which the general primary is
held shall be | ||||||
21 | elected.
| ||||||
22 | (c) At the consolidated election in the appropriate | ||||||
23 | odd-numbered years,
the following offices shall be filled:
| ||||||
24 | (1) Municipal officers, provided that in | ||||||
25 | municipalities in which
candidates for alderman or other | ||||||
26 | municipal office are not permitted by law
to be candidates |
| |||||||
| |||||||
1 | of political parties, the runoff election where required
by | ||||||
2 | law, or the nonpartisan election where required by law, | ||||||
3 | shall be held on
the date of the consolidated election; and | ||||||
4 | provided further, in the case of
municipal officers | ||||||
5 | provided for by an ordinance providing the form of
| ||||||
6 | government of the municipality pursuant to Section 7 of | ||||||
7 | Article VII of the
Constitution, such offices shall be | ||||||
8 | filled by election or by runoff
election as may be provided | ||||||
9 | by such ordinance;
| ||||||
10 | (2) Village and incorporated town library directors;
| ||||||
11 | (3) City boards of stadium commissioners;
| ||||||
12 | (4) Commissioners of park districts;
| ||||||
13 | (5) Trustees of public library districts;
| ||||||
14 | (6) Special District elected officers, not otherwise | ||||||
15 | designated in this
section, where the statute creating or | ||||||
16 | authorizing the creation of the district
permits or | ||||||
17 | requires election of candidates of political parties;
| ||||||
18 | (7) Township officers, including township park | ||||||
19 | commissioners, township
library directors, and boards of | ||||||
20 | managers of community buildings, and
Multi-Township | ||||||
21 | Assessors;
| ||||||
22 | (8) Highway commissioners and road district clerks;
| ||||||
23 | (9) Members of school boards in school districts which | ||||||
24 | adopt Article 33
of the School Code;
| ||||||
25 | (10) The directors and chairman of the Chain O Lakes - | ||||||
26 | Fox River Waterway
Management Agency;
|
| |||||||
| |||||||
1 | (11) Forest preserve district commissioners elected | ||||||
2 | under Section 3.5 of
the Downstate Forest Preserve District | ||||||
3 | Act;
| ||||||
4 | (12) Elected members of school boards, school | ||||||
5 | trustees, directors of
boards of school directors, | ||||||
6 | trustees of county boards of school trustees
(except in | ||||||
7 | counties or educational service regions having a | ||||||
8 | population
of 2,000,000 or more inhabitants) and members of | ||||||
9 | boards of school inspectors,
except school boards in school
| ||||||
10 | districts that adopt Article 33 of the School Code;
| ||||||
11 | (13) Members of Community College district boards;
| ||||||
12 | (14) Trustees of Fire Protection Districts;
| ||||||
13 | (15) Commissioners of the Springfield Metropolitan | ||||||
14 | Exposition and
Auditorium
Authority;
| ||||||
15 | (16) Elected Trustees of Tuberculosis Sanitarium | ||||||
16 | Districts;
| ||||||
17 | (17) Elected Officers of special districts not | ||||||
18 | otherwise designated in
this Section for which the law | ||||||
19 | governing those districts does not permit
candidates of | ||||||
20 | political parties.
| ||||||
21 | (d) At the consolidated primary election in each | ||||||
22 | odd-numbered year,
candidates of political parties shall be | ||||||
23 | nominated for those offices to be
filled at the consolidated | ||||||
24 | election in that year, except where pursuant to
law nomination | ||||||
25 | of candidates of political parties is made by caucus, and
| ||||||
26 | except those offices listed in paragraphs (12) through (17) of |
| |||||||
| |||||||
1 | subsection
(c).
| ||||||
2 | At the consolidated primary election in the appropriate | ||||||
3 | odd-numbered years,
the mayor, clerk, treasurer, and aldermen | ||||||
4 | shall be elected in
municipalities in which
candidates for | ||||||
5 | mayor, clerk, treasurer, or alderman are not permitted by
law | ||||||
6 | to be candidates
of political parties, subject to runoff | ||||||
7 | elections to be held at the
consolidated election as may be | ||||||
8 | required
by law, and municipal officers shall be nominated in a | ||||||
9 | nonpartisan election
in municipalities in which pursuant to law | ||||||
10 | candidates for such office are
not permitted to be candidates | ||||||
11 | of political parties.
| ||||||
12 | At the consolidated primary election in the appropriate | ||||||
13 | odd-numbered years,
municipal officers shall be nominated or | ||||||
14 | elected, or elected subject to
a runoff, as may be provided by | ||||||
15 | an ordinance providing a form of government
of the municipality | ||||||
16 | pursuant to Section 7 of Article VII of the Constitution.
| ||||||
17 | (e) (Blank).
| ||||||
18 | (f) At any election established in Section 2A-1.1, public | ||||||
19 | questions may
be submitted to voters pursuant to this Code and | ||||||
20 | any special election
otherwise required or authorized by law or | ||||||
21 | by court order may be conducted
pursuant to this Code.
| ||||||
22 | Notwithstanding the regular dates for election of officers | ||||||
23 | established
in this Article, whenever a referendum is held for | ||||||
24 | the establishment of
a political subdivision whose officers are | ||||||
25 | to be elected, the initial officers
shall be elected at the | ||||||
26 | election at which such referendum is held if otherwise
so |
| |||||||
| |||||||
1 | provided by law. In such cases, the election of the initial | ||||||
2 | officers
shall be subject to the referendum.
| ||||||
3 | Notwithstanding the regular dates for election of | ||||||
4 | officials established
in this Article, any community college | ||||||
5 | district which becomes effective by
operation of law pursuant | ||||||
6 | to Section 6-6.1 of the Public Community College
Act, as now or | ||||||
7 | hereafter amended, shall elect the initial district board
| ||||||
8 | members at the next regularly scheduled election following the | ||||||
9 | effective
date of the new district.
| ||||||
10 | (g) At any election established in Section 2A-1.1, if in | ||||||
11 | any precinct
there are no offices or public questions required | ||||||
12 | to be on the ballot under
this Code then no election shall be | ||||||
13 | held in the precinct on that date.
| ||||||
14 | (h) There may be conducted a
referendum in accordance with | ||||||
15 | the provisions of Division 6-4 of the
Counties Code.
| ||||||
16 | (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, | ||||||
17 | eff. 8-9-96; 90-358, eff. 1-1-98.)
| ||||||
18 | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| ||||||
19 | Sec. 7-10. Form of petition for nomination. The name of no | ||||||
20 | candidate for
nomination, or State central committeeman, or | ||||||
21 | township committeeman, or
precinct committeeman, or ward | ||||||
22 | committeeman or candidate for delegate or
alternate delegate to | ||||||
23 | national nominating conventions, shall be printed
upon the | ||||||
24 | primary ballot unless a petition for nomination has been filed | ||||||
25 | in
his behalf as provided in this Article in substantially the |
| |||||||||||||||||
| |||||||||||||||||
1 | following form:
| ||||||||||||||||
2 | We, the undersigned, members of and affiliated with the | ||||||||||||||||
3 | .... party
and qualified primary electors of the .... party, in | ||||||||||||||||
4 | the .... of ....,
in the county of .... and State of Illinois, | ||||||||||||||||
5 | do hereby petition that
the following named person or persons | ||||||||||||||||
6 | shall be a candidate or candidates
of the .... party for the | ||||||||||||||||
7 | nomination for (or in case of committeemen for
election to) the | ||||||||||||||||
8 | office or offices hereinafter specified, to be voted
for at the | ||||||||||||||||
9 | primary election to be held on (insert date).
| ||||||||||||||||
| |||||||||||||||||
13 | Name.................. Address.......................
| ||||||||||||||||
14 | State of Illinois)
| ||||||||||||||||
15 | ) ss.
| ||||||||||||||||
16 | County of........)
| ||||||||||||||||
17 | I, ...., do hereby certify
that I reside at No. .... | ||||||||||||||||
18 | street, in the .... of ...., county of ....,
and State of | ||||||||||||||||
19 | ....., that I am 18 years of age or older, that
I am a citizen | ||||||||||||||||
20 | of the United States, and that the signatures on this sheet
| ||||||||||||||||
21 | were signed
in my presence, and are genuine, and that to the | ||||||||||||||||
22 | best of my knowledge
and belief the persons so signing were at | ||||||||||||||||
23 | the time of signing the
petitions qualified voters of the .... | ||||||||||||||||
24 | party, and that their respective
residences are correctly |
| |||||||
| |||||||
1 | stated, as above set forth.
| ||||||
2 | .........................
| ||||||
3 | Subscribed and sworn to before me on (insert date).
| ||||||
4 | .........................
| ||||||
5 | |||||||
6 | Each sheet of the petition other than the statement of | ||||||
7 | candidacy and
candidate's statement shall be of uniform size | ||||||
8 | and shall contain above
the space for signatures an appropriate | ||||||
9 | heading giving the information
as to name of candidate or | ||||||
10 | candidates, in whose behalf such petition is
signed; the | ||||||
11 | office, the political party represented and place of
residence; | ||||||
12 | and the heading of each sheet shall be the same.
| ||||||
13 | Such petition shall be signed by qualified primary electors | ||||||
14 | residing
in the political division for which the nomination is | ||||||
15 | sought in their
own proper persons only and opposite the | ||||||
16 | signature of each signer, his
residence address shall be | ||||||
17 | written or printed. The residence address
required to be | ||||||
18 | written or printed opposite each qualified primary elector's
| ||||||
19 | name shall include the street address or rural route number of | ||||||
20 | the signer,
as the case may be, as well as the signer's county, | ||||||
21 | and city, village or
town, and state.
However the county or | ||||||
22 | city, village or town, and state of residence of
the electors | ||||||
23 | may be printed on the petition forms where all of the
electors | ||||||
24 | signing the petition reside in the same county or city, village
| ||||||
25 | or town, and state. Standard abbreviations may be used in |
| |||||||
| |||||||
1 | writing the
residence address, including street number, if any. | ||||||
2 | At the bottom of
each sheet of such petition shall be added a | ||||||
3 | circulator statement signed by
a person 18 years of age or | ||||||
4 | older who is a citizen of the United States,
stating the street | ||||||
5 | address or rural route number, as the case may be, as well
as | ||||||
6 | the county, city, village or town, and state;
and certifying | ||||||
7 | that the signatures on that sheet of the petition were signed | ||||||
8 | in
his or her presence and certifying that the signatures are | ||||||
9 | genuine; and
either (1) indicating the dates on which that | ||||||
10 | sheet was circulated, or (2)
indicating the first and last | ||||||
11 | dates on which the sheet was circulated, or (3)
certifying that | ||||||
12 | none of the signatures on the sheet were signed more than 90
| ||||||
13 | days preceding the last day for the filing of the petition and | ||||||
14 | certifying that
to the best of his or her knowledge and belief | ||||||
15 | the persons so signing were at
the time of signing the | ||||||
16 | petitions qualified voters of the political party for
which a | ||||||
17 | nomination is sought. Such statement shall be sworn to before | ||||||
18 | some
officer authorized to administer oaths in this State.
| ||||||
19 | No petition sheet shall be circulated more than 90 days | ||||||
20 | preceding the
last day provided in Section 7-12 for the filing | ||||||
21 | of such petition.
| ||||||
22 | The person circulating the petition, or the candidate on | ||||||
23 | whose behalf the
petition is circulated, may strike any | ||||||
24 | signature from the petition,
provided that:
| ||||||
25 | (1) the person striking the signature shall initial the | ||||||
26 | petition at
the place where the signature is struck; and
|
| |||||||
| |||||||
1 | (2) the person striking the signature shall sign a | ||||||
2 | certification
listing the page number and line number of | ||||||
3 | each signature struck from
the petition. Such | ||||||
4 | certification shall be filed as a part of the petition.
| ||||||
5 | Such sheets before being filed shall be neatly fastened | ||||||
6 | together in
book form, by placing the sheets in a pile and | ||||||
7 | fastening them together
at one edge in a secure and suitable | ||||||
8 | manner, and the sheets shall then
be numbered consecutively. | ||||||
9 | The sheets shall not be fastened by pasting
them together end | ||||||
10 | to end, so as to form a continuous strip or roll. All
petition | ||||||
11 | sheets which are filed with the proper local election | ||||||
12 | officials,
election authorities or the State Board of Elections | ||||||
13 | shall be the original
sheets which have been signed by the | ||||||
14 | voters and by the circulator thereof,
and not photocopies or | ||||||
15 | duplicates of such sheets. Each petition must include
as a part | ||||||
16 | thereof, a statement of candidacy for each of the candidates | ||||||
17 | filing,
or in whose behalf the petition is filed. This | ||||||
18 | statement shall set out the
address of such candidate, the | ||||||
19 | office for which he is a candidate, shall state
that the | ||||||
20 | candidate is a qualified primary voter of the party to which | ||||||
21 | the
petition relates and is qualified for the office specified | ||||||
22 | (in the case of a
candidate for State's Attorney it shall state | ||||||
23 | that the candidate is at the time
of filing such statement a | ||||||
24 | licensed attorney-at-law of this State), shall state
that he | ||||||
25 | has filed (or will file before the close of the petition filing | ||||||
26 | period)
a statement of economic interests as required by the |
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
1 | Illinois Governmental
Ethics Act, shall request that the | |||||||||||||||||||||||||||||
2 | candidate's name be placed upon the official
ballot, and shall | |||||||||||||||||||||||||||||
3 | be subscribed and sworn to by such candidate before some
| |||||||||||||||||||||||||||||
4 | officer authorized to take acknowledgment of deeds in the State | |||||||||||||||||||||||||||||
5 | and shall be in
substantially the following form:
| |||||||||||||||||||||||||||||
6 | Statement of Candidacy
| |||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
11 | State of Illinois)
| |||||||||||||||||||||||||||||
12 | ) ss.
| |||||||||||||||||||||||||||||
13 | County of .......)
| |||||||||||||||||||||||||||||
14 | I, ...., being first duly sworn, say that I reside at .... | |||||||||||||||||||||||||||||
15 | Street in the city
(or village) of ...., in the county of ...., | |||||||||||||||||||||||||||||
16 | State of Illinois; that I
am a qualified voter therein and am a | |||||||||||||||||||||||||||||
17 | qualified primary voter of the ....
party; that I am a | |||||||||||||||||||||||||||||
18 | candidate for nomination (for election in the case of
| |||||||||||||||||||||||||||||
19 | committeeman and delegates and alternate delegates) to the | |||||||||||||||||||||||||||||
20 | office of ....
to be voted upon at the primary election to be | |||||||||||||||||||||||||||||
21 | held on (insert date); that I am
legally qualified (including
| |||||||||||||||||||||||||||||
22 | being the holder of any license that may be an eligibility | |||||||||||||||||||||||||||||
23 | requirement
for the office I seek the nomination for) to hold | |||||||||||||||||||||||||||||
24 | such office and that I
have filed (or I will file before the | |||||||||||||||||||||||||||||
25 | close of the petition filing period)
a statement of economic |
| |||||||
| |||||||
1 | interests as required by the Illinois
Governmental Ethics Act | ||||||
2 | and I hereby request that my name be printed
upon the official | ||||||
3 | primary ballot for nomination for (or election to in
the case | ||||||
4 | of committeemen and delegates and alternate delegates) such
| ||||||
5 | office.
| ||||||
6 | Signed ......................
| ||||||
7 | Subscribed and sworn to (or affirmed) before me by ...., | ||||||
8 | who is to me
personally known, on (insert date).
| ||||||
9 | Signed ....................
| ||||||
10 | (Official Character)
| ||||||
11 | (Seal, if officer has one.)
| ||||||
12 | The petitions, when filed, shall not be withdrawn or added | ||||||
13 | to, and no
signatures shall be revoked except by revocation | ||||||
14 | filed in writing with
the State Board of Elections, election | ||||||
15 | authority or local election
official with whom the petition is | ||||||
16 | required to be filed, and before the
filing of such petition. | ||||||
17 | Whoever forges the name of a signer upon any
petition required | ||||||
18 | by this Article is deemed guilty of a forgery and on
conviction | ||||||
19 | thereof shall be punished accordingly.
| ||||||
20 | A candidate for the offices listed in this Section must | ||||||
21 | obtain the number
of signatures specified in this Section on | ||||||
22 | his or her petition for nomination.
| ||||||
23 | (a) Statewide office or delegate to a national nominating | ||||||
24 | convention. If a
candidate seeks to run for statewide office or | ||||||
25 | as a delegate or alternate
delegate to a national nominating |
| |||||||
| |||||||
1 | convention elected from the State at-large,
then the | ||||||
2 | candidate's petition for nomination must contain at least 5,000 | ||||||
3 | but
not more than 10,000 signatures.
| ||||||
4 | (b) Congressional office or congressional delegate to a | ||||||
5 | national nominating
convention. If a candidate seeks to run for | ||||||
6 | United States Congress or as a
congressional delegate or | ||||||
7 | alternate congressional delegate to a national
nominating | ||||||
8 | convention elected from a congressional district, then the
| ||||||
9 | candidate's petition for nomination must contain at least the | ||||||
10 | number of
signatures equal to 0.5% of the qualified primary | ||||||
11 | electors of his or her party
in his or her congressional | ||||||
12 | district. In the first primary election following a
| ||||||
13 | redistricting of congressional districts, a candidate's | ||||||
14 | petition for nomination
must contain at least 600 signatures of | ||||||
15 | qualified primary electors of the
candidate's political party | ||||||
16 | in his or her congressional district.
| ||||||
17 | (c) County office. If a candidate seeks to run for any | ||||||
18 | countywide office,
including but not limited to county board | ||||||
19 | chairperson or county board
member, elected on an at-large | ||||||
20 | basis, in a county other than Cook County,
then the candidate's | ||||||
21 | petition for nomination must contain at least the number
of | ||||||
22 | signatures equal to 0.5% of the qualified electors of his or | ||||||
23 | her party who
cast votes at the last preceding general election | ||||||
24 | in his or her county. If a
candidate
seeks to run for county | ||||||
25 | board member elected from a county board district, then
the | ||||||
26 | candidate's petition for nomination must contain at least the |
| |||||||
| |||||||
1 | number of
signatures equal to 0.5% of the qualified primary | ||||||
2 | electors of his or her party
in the
county board district. In | ||||||
3 | the first primary election following a redistricting
of county | ||||||
4 | board districts or the initial establishment of county board
| ||||||
5 | districts, a candidate's petition for nomination must contain | ||||||
6 | at least the
number of signatures equal to 0.5% of the | ||||||
7 | qualified electors of his or her
party
in the entire county who | ||||||
8 | cast votes at the last preceding general election
divided by | ||||||
9 | the
total number of county board districts comprising the | ||||||
10 | county board; provided
that
in no event shall the number of | ||||||
11 | signatures be less than 25.
| ||||||
12 | (d) County office; Cook County only.
| ||||||
13 | (1) If a candidate seeks to run for countywide office | ||||||
14 | in Cook County,
then the candidate's petition for | ||||||
15 | nomination must contain at least the number
of signatures | ||||||
16 | equal to 0.5% of the qualified electors of his or her party | ||||||
17 | who
cast votes at the last preceding general election in | ||||||
18 | Cook County.
| ||||||
19 | (2) If a candidate seeks to run for Cook County Board | ||||||
20 | Commissioner,
then the candidate's petition for nomination | ||||||
21 | must contain at least the number
of signatures equal to | ||||||
22 | 0.5% of
the qualified primary electors of his or her party | ||||||
23 | in his or her county board
district. In the first primary | ||||||
24 | election following a redistricting of Cook
County Board of | ||||||
25 | Commissioners districts, a candidate's petition for
| ||||||
26 | nomination must contain at least the number of signatures |
| |||||||
| |||||||
1 | equal to 0.5% of
the qualified electors of his or her party | ||||||
2 | in the entire county who cast votes
at the last
preceding | ||||||
3 | general election divided by the total number of county | ||||||
4 | board
districts comprising the county board; provided that | ||||||
5 | in no event shall the
number of signatures be less than 25.
| ||||||
6 | (3) If a candidate seeks to run for Cook County Board | ||||||
7 | of Review
Commissioner, which is elected from a district | ||||||
8 | pursuant to subsection (c)
of Section 5-5 of the Property | ||||||
9 | Tax Code, then the candidate's petition for
nomination must | ||||||
10 | contain at least the number of signatures equal to 0.5% of
| ||||||
11 | the total number of registered voters in his or her board | ||||||
12 | of
review district in the last general election at which a | ||||||
13 | commissioner was
regularly scheduled to be elected from | ||||||
14 | that board of review district. In no
event shall the number | ||||||
15 | of signatures required be greater than the requisite
number | ||||||
16 | for a candidate who seeks countywide office in Cook County
| ||||||
17 | under subsection (d)(1) of this Section. In the first | ||||||
18 | primary election
following a redistricting of Cook County | ||||||
19 | Board of Review districts, a
candidate's petition for | ||||||
20 | nomination must contain at least 4,000 signatures
or at | ||||||
21 | least the number of signatures required for a countywide | ||||||
22 | candidate in
Cook County, whichever is less,
of the | ||||||
23 | qualified electors of his or her party in the district.
| ||||||
24 | (e) Municipal or township office. If a candidate seeks to | ||||||
25 | run for municipal
or township office, then the candidate's | ||||||
26 | petition for nomination must contain
at least the number of |
| |||||||
| |||||||
1 | signatures equal to 0.5% of the qualified primary
electors of | ||||||
2 | his or her party in the municipality or township. If a | ||||||
3 | candidate
seeks to run for alderman of a municipality, then the | ||||||
4 | candidate's petition for
nomination must contain at least the | ||||||
5 | number of signatures equal to 0.5% of the
qualified primary | ||||||
6 | electors of his or her party of the ward. In the first
primary | ||||||
7 | election following redistricting of aldermanic wards or | ||||||
8 | trustee
districts of a municipality or the initial | ||||||
9 | establishment of wards or districts,
a candidate's petition for | ||||||
10 | nomination must contain the number of signatures
equal to at | ||||||
11 | least 0.5% of the total number of votes cast for the candidate | ||||||
12 | of
that political party who received the highest number of | ||||||
13 | votes in the entire
municipality at the last regular election | ||||||
14 | at which an officer was regularly
scheduled to be elected from
| ||||||
15 | the entire municipality, divided by the number of wards or | ||||||
16 | districts. In no
event shall the number of signatures be less | ||||||
17 | than 25.
| ||||||
18 | (f) State central committeeperson. If a candidate seeks to | ||||||
19 | run for State
central committeeperson, then the candidate's | ||||||
20 | petition for nomination must
contain at least 100 signatures of | ||||||
21 | the primary electors of his or her party of
his or
her | ||||||
22 | congressional district.
| ||||||
23 | (g) Sanitary district trustee. If a candidate seeks to run | ||||||
24 | for trustee of a
sanitary district in which trustees are not | ||||||
25 | elected from wards, then the
candidate's petition for | ||||||
26 | nomination must contain at least the number of
signatures equal |
| |||||||
| |||||||
1 | to 0.5% of the primary electors of his or her party from the
| ||||||
2 | sanitary district. If a candidate seeks to run for trustee
of a | ||||||
3 | sanitary district in which trustees are elected from wards, | ||||||
4 | then the
candidate's petition for
nomination must contain at | ||||||
5 | least the number of signatures equal to 0.5% of the
primary | ||||||
6 | electors of his or her party in the ward of that sanitary | ||||||
7 | district. In
the
first primary election following | ||||||
8 | redistricting of sanitary districts elected
from wards, a | ||||||
9 | candidate's petition for nomination must contain at least the
| ||||||
10 | signatures of 150 qualified primary electors of his or her ward | ||||||
11 | of that
sanitary district.
| ||||||
12 | (h) Judicial office. If a candidate seeks to run for | ||||||
13 | judicial office in a district, then the candidate's petition | ||||||
14 | for nomination must contain the number of signatures equal to | ||||||
15 | 0.4% of the number of votes cast in that district for the | ||||||
16 | candidate for his or her political party for the office of | ||||||
17 | Governor at the last general election at which a Governor was | ||||||
18 | elected, but in no event less than 500 signatures. If a | ||||||
19 | candidate seeks to run for judicial office in a
circuit or | ||||||
20 | subcircuit, then the candidate's petition for nomination
must | ||||||
21 | contain the number of signatures equal to 0.25% of the number | ||||||
22 | of votes
cast for the judicial candidate of his or her | ||||||
23 | political party who received the
highest number of votes
at the | ||||||
24 | last general election at which a judicial
officer from the same | ||||||
25 | circuit or subcircuit was regularly scheduled
to be elected, | ||||||
26 | but in no event less than 500 signatures.
|
| |||||||
| |||||||
1 | (i) Precinct, ward, and township committeeperson. If a | ||||||
2 | candidate seeks to
run for precinct committeeperson, then the | ||||||
3 | candidate's petition for nomination
must contain at least 10 | ||||||
4 | signatures of the primary electors of his or her
party for the | ||||||
5 | precinct. If a candidate seeks to run for ward committeeperson,
| ||||||
6 | then the candidate's petition for nomination must contain no | ||||||
7 | less than the
number of signatures equal to 10% of the primary | ||||||
8 | electors of his or her party
of the ward, but no more than 16% | ||||||
9 | of those same electors; provided that the
maximum number of | ||||||
10 | signatures may be 50 more than the minimum number, whichever
is | ||||||
11 | greater. If a candidate seeks to run for township | ||||||
12 | committeeperson, then the
candidate's petition for nomination | ||||||
13 | must contain no less than the number of
signatures equal to 5% | ||||||
14 | of the primary electors of his or her party of the
township, | ||||||
15 | but no more than 8% of those same electors;
provided that the | ||||||
16 | maximum number of signatures may be 50 more than the
minimum | ||||||
17 | number, whichever is greater.
| ||||||
18 | (j) State's attorney or regional superintendent of schools | ||||||
19 | for multiple
counties. If
a candidate seeks to run for State's | ||||||
20 | attorney or regional Superintendent of
Schools who serves more | ||||||
21 | than one county, then the candidate's petition for
nomination | ||||||
22 | must contain at least the number of signatures equal to 0.5% of | ||||||
23 | the
primary electors of his or her party in the territory | ||||||
24 | comprising the counties.
| ||||||
25 | (k) If for a candidate for member of the Illinois Commerce | ||||||
26 | Commission,
by at least 0.5% of the primary electors of his or |
| |||||||
| |||||||
1 | her party in the district in
which the person is a candidate | ||||||
2 | for nomination.
| ||||||
3 | (l)
(k) Any other office. If a candidate seeks any other | ||||||
4 | office, then the
candidate's petition for nomination must | ||||||
5 | contain at least the number of
signatures equal to 0.5% of the | ||||||
6 | registered voters of the political subdivision,
district, or | ||||||
7 | division for which the nomination is made or 25 signatures,
| ||||||
8 | whichever is greater.
| ||||||
9 | For purposes of this Section the number of primary electors | ||||||
10 | shall be
determined by taking the total vote cast, in the | ||||||
11 | applicable district, for the
candidate for that political party | ||||||
12 | who received the highest number of votes,
statewide, at the | ||||||
13 | last general election in the State at which electors for
| ||||||
14 | President of the United States were elected. For political | ||||||
15 | subdivisions, the
number of primary electors shall be | ||||||
16 | determined by taking the total vote
cast for the candidate for | ||||||
17 | that political party who received the highest number
of votes | ||||||
18 | in the political subdivision at the last regular election at | ||||||
19 | which an
officer was regularly scheduled to be elected from | ||||||
20 | that subdivision. For wards
or districts of political | ||||||
21 | subdivisions, the number of primary electors shall be
| ||||||
22 | determined by taking the total vote cast for the candidate for | ||||||
23 | that political
party who received the highest number of votes | ||||||
24 | in the ward or district at the
last regular election at which | ||||||
25 | an officer was regularly scheduled to be elected
from that ward | ||||||
26 | or district.
|
| |||||||
| |||||||
1 | A "qualified primary elector" of a party may not
sign | ||||||
2 | petitions for or be a candidate in the primary of more than
one | ||||||
3 | party.
| ||||||
4 | The changes made to this Section of this amendatory Act of | ||||||
5 | the 93rd General
Assembly are declarative of existing law, | ||||||
6 | except for item (3) of subsection
(d).
| ||||||
7 | Petitions of candidates for nomination for offices herein | ||||||
8 | specified,
to be filed with the same officer, may contain the | ||||||
9 | names of 2 or more
candidates of the same political party for | ||||||
10 | the same or different
offices.
| ||||||
11 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
| ||||||
12 | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| ||||||
13 | Sec. 7-12. Filing of petitions for nomination. All | ||||||
14 | petitions for
nomination shall be filed by mail or
in person as | ||||||
15 | follows:
| ||||||
16 | (1) Where the nomination is to be made for a State, | ||||||
17 | congressional,
Illinois Commerce Commission, or
judicial | ||||||
18 | office, or for any office a nomination for which is made for a
| ||||||
19 | territorial division or district which comprises more than one | ||||||
20 | county or
is partly in one county and partly in another county | ||||||
21 | or counties, then,
except as otherwise provided in this | ||||||
22 | Section, such petition for nomination
shall be filed in the | ||||||
23 | principal office of the State Board of Elections not
more than | ||||||
24 | 99 and not less than 92 days prior to the date of the primary,
| ||||||
25 | but, in the case of petitions for nomination to fill a vacancy |
| |||||||
| |||||||
1 | by special
election in the office of representative in Congress | ||||||
2 | from this State, such
petition for nomination shall be filed in | ||||||
3 | the principal office of the State
Board of Elections not more | ||||||
4 | than 57 days and not less than 50 days prior to
the date of the | ||||||
5 | primary.
| ||||||
6 | Where a vacancy occurs in the office of Supreme, Appellate | ||||||
7 | or Circuit
Court Judge within the 3-week period preceding the | ||||||
8 | 92nd day before a
general primary election, petitions for | ||||||
9 | nomination for the office in which
the vacancy has occurred | ||||||
10 | shall be filed in the principal office of the
State Board of | ||||||
11 | Elections not more than 78 nor less than 71 days prior to
the | ||||||
12 | date of the general primary election.
| ||||||
13 | Where the nomination is to be made for delegates or | ||||||
14 | alternate
delegates to a national nominating convention, then | ||||||
15 | such petition for
nomination shall be filed in the principal | ||||||
16 | office of the State Board of
Elections not more than 99 and not | ||||||
17 | less than 92 days prior to the date of
the primary; provided, | ||||||
18 | however, that if the rules or policies of a national
political | ||||||
19 | party conflict with such requirements for filing petitions for
| ||||||
20 | nomination for delegates or alternate delegates to a national | ||||||
21 | nominating
convention, the chairman of the State central | ||||||
22 | committee of such national
political party shall notify the | ||||||
23 | Board in writing, citing by reference the
rules or policies of | ||||||
24 | the national political party in conflict, and in such
case the | ||||||
25 | Board shall direct such petitions to be filed not more than 69 | ||||||
26 | and
not less than 62 days prior to the date of the primary.
|
| |||||||
| |||||||
1 | (2) Where the nomination is to be made for a county office | ||||||
2 | or trustee
of a sanitary district then such petition shall be | ||||||
3 | filed in the office
of the county clerk not more than 99 nor | ||||||
4 | less than 92 days prior to the
date of the primary.
| ||||||
5 | (3) Where the nomination is to be made for a municipal or | ||||||
6 | township
office, such petitions for nomination shall be filed | ||||||
7 | in the office of
the local election official, not more than 78 | ||||||
8 | nor less than 71 days
prior to the date of the primary; | ||||||
9 | provided, where a municipality's or
township's boundaries are | ||||||
10 | coextensive with or are entirely within the
jurisdiction of a | ||||||
11 | municipal board of election commissioners, the petitions
shall | ||||||
12 | be filed in the office of such board; and provided, that | ||||||
13 | petitions
for the office of multi-township assessor shall be | ||||||
14 | filed with the election
authority.
| ||||||
15 | (4) The petitions of candidates for State central | ||||||
16 | committeeman shall
be filed in the principal office of the | ||||||
17 | State Board of Elections not
more than 99 nor less than 92 days | ||||||
18 | prior to the date of the primary.
| ||||||
19 | (5) Petitions of candidates for precinct, township or ward
| ||||||
20 | committeemen shall be filed in the office of the county clerk | ||||||
21 | not more
than 99 nor less than 92 days prior to the date of the | ||||||
22 | primary.
| ||||||
23 | (6) The State Board of Elections and the various election | ||||||
24 | authorities
and local election officials with whom such | ||||||
25 | petitions for nominations
are filed shall specify the place | ||||||
26 | where filings shall be made and upon
receipt shall endorse |
| |||||||
| |||||||
1 | thereon the day and hour on which each petition
was filed. All | ||||||
2 | petitions filed by persons waiting in line as of 8:00
a.m. on | ||||||
3 | the first day for filing, or as of the normal opening hour of
| ||||||
4 | the office involved on such day, shall be deemed filed as of | ||||||
5 | 8:00 a.m.
or the normal opening hour, as the case may be. | ||||||
6 | Petitions filed by mail
and received after midnight of the | ||||||
7 | first day for filing and in the first
mail delivery or pickup | ||||||
8 | of that day shall be deemed as filed as of 8:00
a.m. of that day | ||||||
9 | or as of the normal opening hour of such day, as the
case may | ||||||
10 | be. All petitions received thereafter shall be deemed as filed
| ||||||
11 | in the order of actual receipt. Where 2 or more petitions are | ||||||
12 | received
simultaneously, the State Board of Elections or the | ||||||
13 | various election
authorities or local election officials with | ||||||
14 | whom such petitions are
filed shall break ties and determine | ||||||
15 | the order of filing, by means of a
lottery or other fair and | ||||||
16 | impartial method of random selection approved
by the State | ||||||
17 | Board of Elections. Such lottery shall be conducted within
9 | ||||||
18 | days following the last day for petition filing and shall be | ||||||
19 | open to the
public. Seven days written notice of the time and | ||||||
20 | place of conducting such
random selection shall be given by the | ||||||
21 | State Board of Elections to the
chairman of the State central | ||||||
22 | committee of each established political
party, and by each | ||||||
23 | election authority or local election official, to the
County | ||||||
24 | Chairman of each established political party, and to each
| ||||||
25 | organization of citizens within the election jurisdiction | ||||||
26 | which was
entitled, under this Article, at the next preceding |
| |||||||
| |||||||
1 | election, to have
pollwatchers present on the day of election. | ||||||
2 | The State Board of Elections,
election authority or local | ||||||
3 | election official shall post in a conspicuous,
open and public | ||||||
4 | place, at the entrance of the office, notice of the time
and | ||||||
5 | place of such lottery. The State Board of Elections shall adopt | ||||||
6 | rules
and regulations governing the procedures for the conduct | ||||||
7 | of such lottery.
All candidates shall be certified in the order | ||||||
8 | in which their petitions
have been filed. Where candidates have | ||||||
9 | filed simultaneously, they shall be
certified in the order | ||||||
10 | determined by lot and prior to candidates who filed
for the | ||||||
11 | same office at a later time.
| ||||||
12 | (7) The State Board of Elections or the appropriate | ||||||
13 | election
authority or local election official with whom such a | ||||||
14 | petition for
nomination is filed shall notify the person for | ||||||
15 | whom a petition for
nomination has been filed of the obligation | ||||||
16 | to file statements of
organization, reports of campaign | ||||||
17 | contributions, and annual reports of
campaign contributions | ||||||
18 | and expenditures under Article 9 of this Act.
Such notice shall | ||||||
19 | be given in the manner prescribed by paragraph (7) of
Section | ||||||
20 | 9-16 of this Code.
| ||||||
21 | (8) Nomination papers filed under this Section are not | ||||||
22 | valid if the
candidate named therein fails to file a statement | ||||||
23 | of economic interests
as required by the Illinois Governmental | ||||||
24 | Ethics Act in relation to his
candidacy with the appropriate | ||||||
25 | officer by the end of the period for the
filing of nomination | ||||||
26 | papers unless he has filed a statement of economic
interests in |
| |||||||
| |||||||
1 | relation to the same governmental unit with that officer
within | ||||||
2 | a year preceding the date on which such nomination papers were
| ||||||
3 | filed. If the nomination papers of any candidate and the | ||||||
4 | statement of
economic interest of that candidate are not | ||||||
5 | required to be filed with
the same officer, the candidate must | ||||||
6 | file with the officer with whom the
nomination papers are filed | ||||||
7 | a receipt from the officer with whom the
statement of economic | ||||||
8 | interests is filed showing the date on which such
statement was | ||||||
9 | filed. Such receipt shall be so filed not later than the
last | ||||||
10 | day on which nomination papers may be filed.
| ||||||
11 | (9) Any person for whom a petition for nomination, or for | ||||||
12 | committeeman or
for delegate or alternate delegate to a | ||||||
13 | national nominating convention has
been filed may cause his | ||||||
14 | name to be withdrawn by request in writing, signed
by him and | ||||||
15 | duly acknowledged before an officer qualified to take
| ||||||
16 | acknowledgments of deeds, and filed in the principal or | ||||||
17 | permanent branch
office of the State Board of Elections or with | ||||||
18 | the appropriate election
authority or local election official, | ||||||
19 | not later than the date of
certification of candidates for the | ||||||
20 | consolidated primary or general primary
ballot. No names so | ||||||
21 | withdrawn shall be certified or printed on the
primary ballot. | ||||||
22 | If petitions for nomination have been filed for the
same person | ||||||
23 | with respect to more than one political party, his name
shall | ||||||
24 | not be certified nor printed on the primary ballot of any | ||||||
25 | party.
If petitions for nomination have been filed for the same | ||||||
26 | person for 2 or
more offices which are incompatible so that the |
| |||||||
| |||||||
1 | same person could not
serve in more than one of such offices if | ||||||
2 | elected, that person must
withdraw as a candidate for all but | ||||||
3 | one of such offices within the
5 business days following the | ||||||
4 | last day for petition filing. If he fails to
withdraw as a | ||||||
5 | candidate for all but one of such offices within such time
his | ||||||
6 | name shall not be certified, nor printed on the primary ballot, | ||||||
7 | for any
office. For the purpose of the foregoing provisions, an | ||||||
8 | office in a
political party is not incompatible with any other | ||||||
9 | office.
| ||||||
10 | (10) (a) Notwithstanding the provisions of any other | ||||||
11 | statute, no primary
shall be held for an established | ||||||
12 | political party in any township,
municipality, or ward | ||||||
13 | thereof, where the nomination of such
party for every | ||||||
14 | office to be voted upon by the electors of such
township, | ||||||
15 | municipality, or ward thereof, is uncontested. Whenever a
| ||||||
16 | political party's nomination of candidates is uncontested | ||||||
17 | as to one or
more, but not all, of the offices to be voted | ||||||
18 | upon by the electors of a
township, municipality, or ward | ||||||
19 | thereof, then a primary shall
be held for that party in | ||||||
20 | such township, municipality, or ward thereof;
provided | ||||||
21 | that the primary ballot shall not include those offices
| ||||||
22 | within such township, municipality, or ward thereof, for | ||||||
23 | which the
nomination is uncontested. For purposes of this | ||||||
24 | Article, the nomination
of an established political party | ||||||
25 | of a candidate for election to an office
shall be deemed to | ||||||
26 | be uncontested where not more than the number of persons
to |
| |||||||
| |||||||
1 | be nominated have timely filed valid nomination papers | ||||||
2 | seeking the
nomination of such party for election to such | ||||||
3 | office.
| ||||||
4 | (b) Notwithstanding the provisions of any other | ||||||
5 | statute, no primary
election shall be held for an | ||||||
6 | established political party for any special
primary | ||||||
7 | election called for the purpose of filling a vacancy in the | ||||||
8 | office
of representative in the United States Congress | ||||||
9 | where the nomination of
such political party for said | ||||||
10 | office is uncontested. For the purposes of
this Article, | ||||||
11 | the nomination of an established political party of a
| ||||||
12 | candidate for election to said office shall be deemed to be | ||||||
13 | uncontested
where not more than the number of persons to be | ||||||
14 | nominated have timely filed
valid nomination papers | ||||||
15 | seeking the nomination of such established party
for | ||||||
16 | election to said office. This subsection (b) shall not | ||||||
17 | apply if such
primary election is conducted on a regularly | ||||||
18 | scheduled election day.
| ||||||
19 | (c) Notwithstanding the provisions in subparagraph (a) | ||||||
20 | and (b) of this
paragraph (10), whenever a person who has | ||||||
21 | not timely filed valid nomination
papers and who intends to | ||||||
22 | become a write-in candidate for a political
party's | ||||||
23 | nomination for any office for which the nomination is | ||||||
24 | uncontested
files a written statement or notice of that | ||||||
25 | intent with the State Board of
Elections or the local | ||||||
26 | election official with whom nomination papers for
such |
| |||||||
| |||||||
1 | office are filed, a primary ballot shall be prepared and a | ||||||
2 | primary
shall be held for that office. Such statement or | ||||||
3 | notice shall be filed on
or before the date established in | ||||||
4 | this Article for certifying candidates
for the primary | ||||||
5 | ballot. Such statement or notice shall contain (i) the
name | ||||||
6 | and address of the person intending to become a write-in | ||||||
7 | candidate,
(ii) a statement that the person is a qualified | ||||||
8 | primary elector of the
political party from whom the | ||||||
9 | nomination is sought, (iii) a statement that
the person | ||||||
10 | intends to become a write-in candidate for the party's
| ||||||
11 | nomination, and (iv) the office the person is seeking as a | ||||||
12 | write-in
candidate. An election authority shall have no | ||||||
13 | duty to conduct a primary
and prepare a primary ballot for | ||||||
14 | any office for which the nomination is
uncontested unless a | ||||||
15 | statement or notice meeting the requirements of this
| ||||||
16 | Section is filed in a timely manner.
| ||||||
17 | (11) If multiple sets of nomination papers are filed for a | ||||||
18 | candidate to
the same office, the State Board of Elections, | ||||||
19 | appropriate election
authority or local election official | ||||||
20 | where the petitions are filed shall
within 2 business days | ||||||
21 | notify the candidate of his or her multiple petition
filings | ||||||
22 | and that the candidate has 3 business days after receipt of the
| ||||||
23 | notice to notify the State Board of Elections, appropriate | ||||||
24 | election
authority or local election official that he or she | ||||||
25 | may cancel prior sets
of petitions. If the candidate notifies | ||||||
26 | the State Board of Elections,
appropriate election authority or |
| |||||||
| |||||||
1 | local election official, the last set of
petitions filed shall | ||||||
2 | be the only petitions to be considered valid by the
State Board | ||||||
3 | of Elections, election authority or local election official. If
| ||||||
4 | the candidate fails to notify the State Board of Elections, | ||||||
5 | election authority
or local
election official then only the | ||||||
6 | first set of petitions filed shall be valid
and all subsequent | ||||||
7 | petitions shall be void.
| ||||||
8 | (12) All nominating petitions shall be available for public | ||||||
9 | inspection
and shall be preserved for a period of not less than | ||||||
10 | 6 months.
| ||||||
11 | (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; | ||||||
12 | 87-1052.)
| ||||||
13 | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
| ||||||
14 | Sec. 10-9. The following electoral boards are designated | ||||||
15 | for the
purpose of hearing and passing upon the objector's | ||||||
16 | petition described in
Section 10-8.
| ||||||
17 | 1. The State Board of Elections will hear and pass upon | ||||||
18 | objections
to the nominations of candidates for State offices,
| ||||||
19 | nominations of candidates for congressional, legislative and | ||||||
20 | judicial
offices of districts, subcircuits, or circuits | ||||||
21 | situated in more than one county, nominations of candidates for | ||||||
22 | members of the Illinois Commerce Commission, nominations
of | ||||||
23 | candidates for the offices of State's attorney or regional | ||||||
24 | superintendent
of schools to be elected from more than one | ||||||
25 | county, and petitions for
proposed amendments to the |
| |||||||
| |||||||
1 | Constitution of the State of Illinois as
provided for in | ||||||
2 | Section 3 of Article XIV of the Constitution.
| ||||||
3 | 2. The county officers electoral board to hear and pass | ||||||
4 | upon
objections to the nominations of candidates for county | ||||||
5 | offices,
for congressional, legislative and judicial offices | ||||||
6 | of a district, subcircuit, or
circuit coterminous with or less | ||||||
7 | than a county, for school trustees to be
voted for by the | ||||||
8 | electors of the county or by the electors of a township of
the | ||||||
9 | county, for the office of multi-township assessor where | ||||||
10 | candidates for
such office are nominated in accordance with | ||||||
11 | this Code, and for all special
district offices, shall be | ||||||
12 | composed of the county clerk, or an assistant
designated by the | ||||||
13 | county clerk, the State's attorney of the county or
an | ||||||
14 | Assistant State's Attorney designated by the State's Attorney, | ||||||
15 | and the
clerk of the circuit court, or an assistant designated | ||||||
16 | by the clerk of
the circuit court, of the county, of whom the | ||||||
17 | county clerk or his designee
shall be the chairman, except that | ||||||
18 | in any county which has established a
county board of election | ||||||
19 | commissioners that board
shall constitute the county officers | ||||||
20 | electoral board ex-officio.
| ||||||
21 | 3. The municipal officers electoral board to hear and pass | ||||||
22 | upon
objections to the nominations of candidates for officers | ||||||
23 | of
municipalities shall be composed of the mayor or president | ||||||
24 | of the board
of trustees of the city, village or incorporated | ||||||
25 | town, and the city,
village or incorporated town clerk, and one | ||||||
26 | member of the city council
or board of trustees, that member |
| |||||||
| |||||||
1 | being designated who is eligible to
serve on the electoral | ||||||
2 | board and has served the
greatest number of years as a member | ||||||
3 | of the city council or board of
trustees, of whom the mayor or | ||||||
4 | president of the board of trustees shall
be the chairman.
| ||||||
5 | 4. The township officers electoral board to pass upon | ||||||
6 | objections to
the nominations of township officers shall be | ||||||
7 | composed of the township
supervisor, the town clerk, and that | ||||||
8 | eligible town trustee elected in the
township who has had the | ||||||
9 | longest term of continuous service as town
trustee, of whom the | ||||||
10 | township supervisor shall be the chairman.
| ||||||
11 | 5. The education officers electoral board to hear and pass | ||||||
12 | upon
objections to the nominations of candidates for offices in | ||||||
13 | school or
community college districts shall be composed of the | ||||||
14 | presiding officer of
the school or community college district | ||||||
15 | board, who shall be the chairman,
the secretary of the school | ||||||
16 | or community college district board and the
eligible elected | ||||||
17 | school or community college board member who has the
longest | ||||||
18 | term of continuous service as a board member.
| ||||||
19 | 6. In all cases, however, where the Congressional or | ||||||
20 | Legislative
district is wholly within the jurisdiction of a | ||||||
21 | board of election
commissioners and in all cases where the | ||||||
22 | school district or special
district is wholly within the | ||||||
23 | jurisdiction of a municipal board of
election commissioners and | ||||||
24 | in all cases where the municipality or
township is wholly or | ||||||
25 | partially within the jurisdiction of a municipal
board of | ||||||
26 | election commissioners, the board of election commissioners
|
| |||||||
| |||||||
1 | shall ex-officio constitute the electoral board.
| ||||||
2 | For special districts situated in more than one county, the | ||||||
3 | county officers
electoral board of the county in which the | ||||||
4 | principal office of the district
is located has jurisdiction to | ||||||
5 | hear and pass upon objections. For purposes
of this Section, | ||||||
6 | "special districts" means all political subdivisions other
| ||||||
7 | than counties, municipalities, townships and school and | ||||||
8 | community college
districts.
| ||||||
9 | In the event that any member of the appropriate board is a | ||||||
10 | candidate
for the office with relation to which the objector's | ||||||
11 | petition is filed,
he shall not be eligible to serve on that | ||||||
12 | board and shall not act as
a member of the board and his place | ||||||
13 | shall be filled as follows:
| ||||||
14 | a. In the county officers electoral board by the county
| ||||||
15 | treasurer, and if he or she is ineligible to serve, by the | ||||||
16 | sheriff of the
county.
| ||||||
17 | b. In the municipal officers electoral board by the | ||||||
18 | eligible
elected city council or board of trustees member | ||||||
19 | who has served the second
greatest number of years as a | ||||||
20 | city council or board of trustees member.
| ||||||
21 | c. In the township officers electoral board by the | ||||||
22 | eligible
elected town trustee who has had the second | ||||||
23 | longest term of continuous service
as a town trustee.
| ||||||
24 | d. In the education officers electoral board by the | ||||||
25 | eligible
elected school or community college district | ||||||
26 | board member who has had the
second longest term of |
| |||||||
| |||||||
1 | continuous service as a board member.
| ||||||
2 | In the event that the chairman of the electoral board is | ||||||
3 | ineligible
to act because of the fact that he is a candidate | ||||||
4 | for the office with
relation to which the objector's petition | ||||||
5 | is filed, then the substitute
chosen under the provisions of | ||||||
6 | this Section shall be the chairman; In
this case, the officer | ||||||
7 | or board with whom the objector's petition is
filed, shall | ||||||
8 | transmit the certificate of nomination or nomination papers
as | ||||||
9 | the case may be, and the objector's petition to the substitute
| ||||||
10 | chairman of the electoral board.
| ||||||
11 | When 2 or more eligible individuals, by reason of their | ||||||
12 | terms of service
on a city council or board of trustees, | ||||||
13 | township board of
trustees, or school or community college | ||||||
14 | district board, qualify to serve
on an electoral board, the one | ||||||
15 | to serve shall be chosen by lot.
| ||||||
16 | Any vacancies on an electoral board not otherwise filled | ||||||
17 | pursuant to this
Section shall be filled by public members | ||||||
18 | appointed by the Chief Judge of
the Circuit Court for the | ||||||
19 | county wherein the electoral board hearing is
being held upon | ||||||
20 | notification to the Chief Judge of such
vacancies. The Chief | ||||||
21 | Judge shall be so notified by a member of the electoral
board | ||||||
22 | or the officer or board with whom the objector's petition was | ||||||
23 | filed.
In the event that none of the individuals designated by | ||||||
24 | this Section to
serve on the electoral board are eligible, the | ||||||
25 | chairman of an electoral
board shall be designated by the Chief | ||||||
26 | Judge.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
2 | (10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
| ||||||
3 | Sec. 22-1. Abstracts of votes. Within 21 days after the
| ||||||
4 | close of the
election at which candidates for offices | ||||||
5 | hereinafter named in this Section are
voted upon, the election | ||||||
6 | authorities of the respective counties shall open the returns | ||||||
7 | and make abstracts of
the votes on a separate sheet for each of | ||||||
8 | the following:
| ||||||
9 | A. For Governor and Lieutenant Governor;
| ||||||
10 | B. For State officers;
| ||||||
11 | C. For presidential electors;
| ||||||
12 | D. For United States Senators and Representatives to | ||||||
13 | Congress;
| ||||||
14 | E. For judges of the Supreme Court;
| ||||||
15 | F. For judges of the Appellate Court;
| ||||||
16 | G. For judges of the circuit court;
| ||||||
17 | H. For Senators and Representatives to the General | ||||||
18 | Assembly;
| ||||||
19 | I. For State's Attorneys elected from 2 or more counties;
| ||||||
20 | J. For amendments to the Constitution, and for other | ||||||
21 | propositions
submitted to the electors of the entire State;
| ||||||
22 | K. For county officers and for propositions submitted to | ||||||
23 | the
electors of the county only;
| ||||||
24 | L. For Regional Superintendent of Schools;
| ||||||
25 | M. For trustees of Sanitary Districts; and
|
| |||||||
| |||||||
1 | N. For Trustee of a Regional Board of School Trustees ; and .
| ||||||
2 | O. For members of the Illinois Commerce Commission.
| ||||||
3 | Each sheet shall report the returns by precinct or ward. | ||||||
4 | Multiple originals of each of the sheets shall be prepared | ||||||
5 | and one of
each shall be turned over to the chairman of the | ||||||
6 | county central
committee of each of the then existing | ||||||
7 | established political parties, as
defined in Section 10-2, or | ||||||
8 | his duly authorized representative
immediately after the | ||||||
9 | completion of the entries on the sheets and before
the totals | ||||||
10 | have been compiled.
| ||||||
11 | The foregoing abstracts shall be preserved by the election | ||||||
12 | authority in its office.
| ||||||
13 | Whenever any county clerk is unable to canvass the vote,
| ||||||
14 | the deputy county clerk or a designee of the county clerk shall | ||||||
15 | serve in his or her place.
| ||||||
16 | The powers and duties of the election authority canvassing | ||||||
17 | the votes are limited to
those specified in this Section.
| ||||||
18 | No person who is shown by the election authority's
| ||||||
19 | canvassing board's proclamation to have been elected at the | ||||||
20 | consolidated election or general election as a write-in | ||||||
21 | candidate shall take office unless that person has first filed | ||||||
22 | with the certifying office or board a statement of candidacy | ||||||
23 | pursuant to Section 7-10 or Section 10-5, a statement pursuant | ||||||
24 | to Section 7-10.1, and a receipt for filing a statement of | ||||||
25 | economic interests in relation to the unit of government to | ||||||
26 | which he or she has been elected. For officers elected at the |
| |||||||
| |||||||
1 | consolidated election, the certifying officer shall notify the | ||||||
2 | election authority of the receipt of those documents, and the | ||||||
3 | county clerk shall issue the certification of election under | ||||||
4 | the provisions of Section 22-18. | ||||||
5 | (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05; | ||||||
6 | 94-647, eff. 1-1-06; revised 10-4-05.)
| ||||||
7 | (10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
| ||||||
8 | Sec. 22-7. Canvass of votes; declaration and proclamation | ||||||
9 | of result. The State Board of Elections, shall proceed within | ||||||
10 | 31 days
after the election,
and sooner if all the returns are | ||||||
11 | received, to canvass the votes given
for United States Senators | ||||||
12 | and Representatives to Congress, State
executive officers, | ||||||
13 | members of the Illinois Commerce Commission, judges of the | ||||||
14 | Supreme Court, judges of the Appellate
Court, judges of the | ||||||
15 | Circuit Court, Senators, Representatives to the
General | ||||||
16 | Assembly, State's Attorneys and Regional Superintendents of | ||||||
17 | Schools
elected from 2 or more counties, respectively, and the | ||||||
18 | persons
having the highest number of votes for the respective | ||||||
19 | offices shall be
declared duly elected, but if it appears that | ||||||
20 | more than the number of
persons to be elected have the highest | ||||||
21 | and an equal number of votes for
the same office, the electoral | ||||||
22 | board shall decide by lot which of such
persons shall be | ||||||
23 | elected; and to each person duly elected, the Governor
shall | ||||||
24 | give a certificate of election or commission, as the case may
| ||||||
25 | require, and shall cause proclamation to be made of the result |
| |||||||
| |||||||
1 | of the
canvass, and they shall at the same time and in the same | ||||||
2 | manner, canvass
the vote cast upon amendments to the | ||||||
3 | Constitution, and upon other
propositions submitted to the | ||||||
4 | electors of the entire State; and the
Governor shall cause to | ||||||
5 | be made such proclamation of the result of the
canvass as the | ||||||
6 | statutes elsewhere provide. The State Board of Elections
shall | ||||||
7 | transmit to the State Comptroller a list of the persons elected | ||||||
8 | to
the various offices. The State Board of Elections shall also | ||||||
9 | transmit to
the Supreme Court the names of persons elected to | ||||||
10 | judgeships in
adversary elections and the names of judges who | ||||||
11 | fail to win retention in
office.
| ||||||
12 | No person who is shown by the canvassing board's | ||||||
13 | proclamation to have been elected at the consolidated election | ||||||
14 | or general election as a write-in candidate shall take office | ||||||
15 | unless that person has first filed with the certifying office | ||||||
16 | or board a statement of candidacy pursuant to Section 7-10 or | ||||||
17 | Section 10-5, a statement pursuant to Section 7-10.1, and a | ||||||
18 | receipt for filing a statement of economic interests in | ||||||
19 | relation to the unit of government to which he or she has been | ||||||
20 | elected. For officers elected at the consolidated election, the | ||||||
21 | certifying officer shall notify the election authority of the | ||||||
22 | receipt of those documents, and the county clerk shall issue | ||||||
23 | the certification of election under the provisions of Section | ||||||
24 | 22-18.
| ||||||
25 | (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
|
| |||||||
| |||||||
1 | Section 10. The Public Utilities Act is amended by changing | ||||||
2 | Sections 2-101 and 2-102 and adding Section 2-101.5 as follows:
| ||||||
3 | (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101)
| ||||||
4 | Sec. 2-101. Commerce Commission created. There is created | ||||||
5 | an Illinois
Commerce Commission consisting of 7
5 members | ||||||
6 | elected as provided in Section
2-101.5
not more than 3 of whom | ||||||
7 | shall be
members of the same political
party at the time of | ||||||
8 | appointment . The Governor shall fill a vacancy by
appointment
| ||||||
9 | appoint the members
of such Commission by and with the advice | ||||||
10 | and consent of the Senate. In
case of a vacancy in such office | ||||||
11 | during the recess of the Senate the Governor
shall make a | ||||||
12 | temporary appointment until the next meeting of the Senate,
| ||||||
13 | when he shall nominate some person to fill such office; and any
| ||||||
14 | person so nominated who is confirmed by the Senate, shall hold | ||||||
15 | his office
during the remainder of the term and until his | ||||||
16 | successor shall be elected
appointed
and qualified. If 28 or | ||||||
17 | fewer months remain on the vacating member's term,
the person | ||||||
18 | appointed to fill the vacancy shall serve for the remainder of | ||||||
19 | the
term. If more than 28 months remain on the vacating | ||||||
20 | member's term, the person
appointed to fill the vacancy shall | ||||||
21 | serve until the second Monday in January
after the next general | ||||||
22 | election; at that next general election a person
shall be | ||||||
23 | elected to fill the remainder of the vacating member's term.
| ||||||
24 | Each member of the Commission shall hold office for a term
of 5 | ||||||
25 | years from the second
third Monday in January of the year in |
| |||||||
| |||||||
1 | which his
predecessor's term expires for a term as provided in | ||||||
2 | Section 2-101.5 .
| ||||||
3 | Notwithstanding any provision of this Section to the | ||||||
4 | contrary, the term of
office of each member of the Commission | ||||||
5 | is terminated on the effective date of
this amendatory Act of | ||||||
6 | 1995, but the incumbent members
shall continue to exercise all | ||||||
7 | of the powers and be subject to all of the
duties of members of | ||||||
8 | the Commission until their respective successors are
appointed | ||||||
9 | and qualified. Of the members initially appointed under the
| ||||||
10 | provisions of this amendatory Act of 1995, one member shall be | ||||||
11 | appointed for a
term of office which shall expire on the third | ||||||
12 | Monday of January, 1997; 2
members shall be appointed for terms | ||||||
13 | of office which shall expire on the third
Monday of January, | ||||||
14 | 1998; one member shall be appointed for a term of office
which | ||||||
15 | shall expire on the third Monday of January, 1999; and one | ||||||
16 | member shall
be appointed for a term of office which shall | ||||||
17 | expire on the third Monday of
January, 2000. Each respective | ||||||
18 | successor shall be appointed for a term of
5 years from the | ||||||
19 | third Monday of January of the year in which his
predecessor's | ||||||
20 | term expires in accordance with the provisions of the first
| ||||||
21 | paragraph of this Section.
| ||||||
22 | Each member shall serve until his successor is elected
| ||||||
23 | appointed and qualified ,
except that if the Senate refuses to | ||||||
24 | consent to the appointment of any
member, such office shall be | ||||||
25 | deemed vacant, and within 2 weeks of the date
the Senate | ||||||
26 | refuses to consent to the reappointment of any member, such
|
| |||||||
| |||||||
1 | member shall vacate such office. The Governor shall from time | ||||||
2 | to time
designate the member of the Commission who shall be its | ||||||
3 | chairman .
One member of the Commission shall be elected by the | ||||||
4 | members to serve as
Chairperson for a term of 2 years. The | ||||||
5 | election for chairperson shall be held on the
second Monday in | ||||||
6 | the January following the general election after the members
| ||||||
7 | elected at that general election have assumed office.
| ||||||
8 | Consistent with the provisions of this Act, the Chairman shall | ||||||
9 | be the chief
executive officer of the Commission for the | ||||||
10 | purpose of ensuring that the
Commission's policies are properly | ||||||
11 | executed.
| ||||||
12 | If there is no vacancy on the Commission, 4 members of the | ||||||
13 | Commission shall
constitute a quorum to transact business; | ||||||
14 | otherwise, a majority of the
Commission shall constitute a | ||||||
15 | quorum to transact business,
and no vacancy shall impair the | ||||||
16 | right of the remaining
commissioners to
exercise all of the | ||||||
17 | powers of the Commission. Every finding,
order, or
decision | ||||||
18 | approved by a majority of the members of the Commission shall | ||||||
19 | be
deemed to be the finding, order, or decision of the | ||||||
20 | Commission. The terms of all members incumbent on the effective | ||||||
21 | date of this amendatory
Act of the 95th General Assembly,
and | ||||||
22 | all members appointed to fill a vacancy existing on the | ||||||
23 | Commission on
or after the effective date of this amendatory | ||||||
24 | Act of the 95th General Assembly,
however, those members shall | ||||||
25 | remain in office
until
their successors
are elected and | ||||||
26 | qualified.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-22, eff. 6-30-01.)
| ||||||
2 | (220 ILCS 5/2-101.5 new)
| ||||||
3 | Sec. 2-101.5. Election of members of the Commission.
| ||||||
4 | (a) There shall be 7 members elected to serve on the | ||||||
5 | Commission and shall be elected according to Judicial Districts | ||||||
6 | of Illinois. Three members shall be elected from the First | ||||||
7 | Judicial District and one member shall be elected from each of | ||||||
8 | the remaining 4 judicial districts.
| ||||||
9 | (b) The members of the Commission elected in 2008 shall | ||||||
10 | serve
4-year terms.
Within 120 days before the general election | ||||||
11 | held in
2012, the members shall meet and publicly by lot | ||||||
12 | determine which members
shall be the first group and which | ||||||
13 | members shall be the second group. The
members or their | ||||||
14 | successors from the first group shall be elected for
successive | ||||||
15 | terms of 4 years, 4 years, and
2 years and members and their | ||||||
16 | successors from the second group shall be
elected for | ||||||
17 | successive terms of 2 years, 4 years, and 4 years.
| ||||||
18 | (c) To be eligible to serve as a member of the Commission, | ||||||
19 | a person must
be a United States citizen, at least 21 years | ||||||
20 | old, and for the 2 years
preceding his or her election or | ||||||
21 | appointment a resident of the district he or
she is to
| ||||||
22 | represent.
| ||||||
23 | (220 ILCS 5/2-102) (from Ch. 111 2/3, par. 2-102)
| ||||||
24 | Sec. 2-102. Commissioners and officers; prohibited |
| |||||||
| |||||||
1 | activities.
| ||||||
2 | (a) Each
commissioner and each person appointed to office | ||||||
3 | by
the Commission shall before entering upon the duties of his | ||||||
4 | office take and
subscribe the constitutional oath of office.
| ||||||
5 | Before entering upon the duties of his office each | ||||||
6 | commissioner shall
give bond, with security to be approved by | ||||||
7 | the Governor, in the sum of
$20,000, conditioned for the | ||||||
8 | faithful performance of his duty as such
commissioner. Every | ||||||
9 | person appointed or employed by the
Commission, may, in the | ||||||
10 | discretion of the Commission, before entering
upon the duties | ||||||
11 | of his office, be required to give bond for the faithful
| ||||||
12 | discharge of his duties, in such sum as the Commission may | ||||||
13 | designate,
which bond shall be approved by the Commission.
| ||||||
14 | All bonds required to be filed pursuant to this section | ||||||
15 | shall be
filed in the office of the Secretary of State.
| ||||||
16 | (b) No person in the employ of or holding any official | ||||||
17 | relation to any
corporation or person subject in whole or in | ||||||
18 | part to regulation by the
Commission, and no person holding | ||||||
19 | stock or bonds in any such
corporation, or who is in any other | ||||||
20 | manner pecuniarily interested
therein, directly or indirectly, | ||||||
21 | shall be appointed to or hold the
office of commissioner or be | ||||||
22 | appointed or employed by the
Commission; and if any such person | ||||||
23 | shall voluntarily become so
interested his office or employment | ||||||
24 | shall ipso facto become vacant. If
any person become so | ||||||
25 | interested otherwise than voluntarily he shall
within a | ||||||
26 | reasonable time divest himself of such interest, and if he
|
| |||||||
| |||||||
1 | fails to do so his office or employment shall become vacant.
| ||||||
2 | No commissioner or person appointed or employed by the
| ||||||
3 | Commission shall solicit or accept any gift, gratuity, | ||||||
4 | emolument or
employment from any person or corporation subject | ||||||
5 | to the supervision of
the Commission, or from any officer, | ||||||
6 | agent or employee thereof; nor
solicit, request from or | ||||||
7 | recommend, directly or indirectly, to any such
person or | ||||||
8 | corporation, or to any officer, agent or employee thereof the
| ||||||
9 | appointment of any person to any place or position. Every such
| ||||||
10 | corporation and person, and every officer, agent or employee | ||||||
11 | thereof, is
hereby forbidden to offer to any commissioner or to | ||||||
12 | any
person appointed or employed by the Commission any gift, | ||||||
13 | gratuity,
emolument or employment. If any commissioner or any | ||||||
14 | person
appointed or employed by the Commission shall violate | ||||||
15 | any provisions of
this paragraph he shall be removed from the | ||||||
16 | office or employment held by
him. Every person violating the | ||||||
17 | provisions of this paragraph shall be
guilty of a Class A | ||||||
18 | misdemeanor.
| ||||||
19 | (c) Each commissioner shall devote his entire time to
the | ||||||
20 | duties of his office, and shall hold no other office or | ||||||
21 | position of
profit, or engage in any other business, employment | ||||||
22 | or vocation.
| ||||||
23 | (Source: P.A. 84-617.)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law. |