97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3184

 

Introduced 2/24/2011, by Rep. Deborah Mell

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/5-10
10 ILCS 5/7-10  from Ch. 46, par. 7-10
10 ILCS 5/7-12  from Ch. 46, par. 7-12
10 ILCS 5/7-60  from Ch. 46, par. 7-60
10 ILCS 5/7-61  from Ch. 46, par. 7-61
10 ILCS 5/8-8  from Ch. 46, par. 8-8
10 ILCS 5/8-17.1  from Ch. 46, par. 8-17.1
10 ILCS 5/10-5  from Ch. 46, par. 10-5
10 ILCS 5/10-11  from Ch. 46, par. 10-11
10 ILCS 5/22-1  from Ch. 46, par. 22-1
10 ILCS 5/22-7  from Ch. 46, par. 22-7
10 ILCS 5/22-17  from Ch. 46, par. 22-17

    Amends the State Officials and Employees Ethics Act. Requires each candidate for election to the General Assembly to file, at the time of filing petitions for nomination, a certificate of having completed within the previous 12-month period an ethics and campaign finance training program designated by the Joint Committee on Legislative Support Services. Amends the Election Code to make conforming changes. Effective immediately.


LRB097 06424 JDS 46506 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3184LRB097 06424 JDS 46506 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 5-10 as follows:
 
6    (5 ILCS 430/5-10)
7    Sec. 5-10. Ethics training.
8    (a) Each officer, member, and employee must complete, at
9least annually beginning in 2004, an ethics training program
10conducted by the appropriate State agency. Each ultimate
11jurisdictional authority must implement an ethics training
12program for its officers, members, and employees. These ethics
13training programs shall be overseen by the appropriate Ethics
14Commission and Inspector General appointed pursuant to this Act
15in consultation with the Office of the Attorney General.
16    (a-5) Each candidate for election to the General Assembly
17must, at the time of filing petitions for nomination, also file
18a certificate of having completed within the previous 12-month
19period an ethics and campaign finance training program
20designated by the Joint Committee on Legislative Support
21Services.
22    (b) Each ultimate jurisdictional authority subject to the
23Executive Ethics Commission shall submit to the Executive

 

 

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1Ethics Commission, at least annually, or more frequently as
2required by that Commission, an annual report that summarizes
3ethics training that was completed during the previous year,
4and lays out the plan for the ethics training programs in the
5coming year.
6    (c) Each Inspector General shall set standards and
7determine the hours and frequency of training necessary for
8each position or category of positions. A person who fills a
9vacancy in an elective or appointed position that requires
10training and a person employed in a position that requires
11training must complete his or her initial ethics training
12within 30 days after commencement of his or her office or
13employment.
14    (d) Upon completion of the ethics training program, each
15officer, member, and employee must certify in writing that the
16person has completed the training program. Each officer,
17member, and employee must provide to his or her ethics officer
18a signed copy of the certification by the deadline for
19completion of the ethics training program.
20    (e) The ethics training provided under this Act by the
21Secretary of State may be expanded to satisfy the requirement
22of Section 4.5 of the Lobbyist Registration Act.
23(Source: P.A. 96-555, eff. 8-18-09.)
 
24    Section 10. The Election Code is amended by changing
25Sections 7-10, 7-12, 7-60, 7-61, 8-8, 8-17.1, 10-5, 10-11,

 

 

 

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122-1, 22-7, and 22-17 as follows:
 
2    (10 ILCS 5/7-10)  (from Ch. 46, par. 7-10)
3    Sec. 7-10. Form of petition for nomination. The name of no
4candidate for nomination, or State central committeeman, or
5township committeeman, or precinct committeeman, or ward
6committeeman or candidate for delegate or alternate delegate to
7national nominating conventions, shall be printed upon the
8primary ballot unless a petition for nomination has been filed
9in his behalf as provided in this Article in substantially the
10following form:
11    We, the undersigned, members of and affiliated with the
12.... party and qualified primary electors of the .... party, in
13the .... of ...., in the county of .... and State of Illinois,
14do hereby petition that the following named person or persons
15shall be a candidate or candidates of the .... party for the
16nomination for (or in case of committeemen for election to) the
17office or offices hereinafter specified, to be voted for at the
18primary election to be held on (insert date).
19    NameOfficeAddress
20John JonesGovernorBelvidere, Ill.
21Jane James Lieutenant Governor Peoria, Ill.
22Thomas SmithAttorney GeneralOakland, Ill.
23Name..................         Address.......................
 

 

 

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1State of Illinois)
2                 ) ss.
3County of........)
4    I, ...., do hereby certify that I reside at No. ....
5street, in the .... of ...., county of ...., and State of
6....., that I am 18 years of age or older, that I am a citizen
7of the United States, and that the signatures on this sheet
8were signed in my presence, and are genuine, and that to the
9best of my knowledge and belief the persons so signing were at
10the time of signing the petitions qualified voters of the ....
11party, and that their respective residences are correctly
12stated, as above set forth.
13
.........................
14    Subscribed and sworn to before me on (insert date).
15
.........................

 
16    Each sheet of the petition other than the statement of
17candidacy and candidate's statement shall be of uniform size
18and shall contain above the space for signatures an appropriate
19heading giving the information as to name of candidate or
20candidates, in whose behalf such petition is signed; the
21office, the political party represented and place of residence;
22and the heading of each sheet shall be the same.
23    Such petition shall be signed by qualified primary electors
24residing in the political division for which the nomination is
25sought in their own proper persons only and opposite the

 

 

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1signature of each signer, his residence address shall be
2written or printed. The residence address required to be
3written or printed opposite each qualified primary elector's
4name shall include the street address or rural route number of
5the signer, as the case may be, as well as the signer's county,
6and city, village or town, and state. However the county or
7city, village or town, and state of residence of the electors
8may be printed on the petition forms where all of the electors
9signing the petition reside in the same county or city, village
10or town, and state. Standard abbreviations may be used in
11writing the residence address, including street number, if any.
12At the bottom of each sheet of such petition shall be added a
13circulator statement signed by a person 18 years of age or
14older who is a citizen of the United States, stating the street
15address or rural route number, as the case may be, as well as
16the county, city, village or town, and state; and certifying
17that the signatures on that sheet of the petition were signed
18in his or her presence and certifying that the signatures are
19genuine; and either (1) indicating the dates on which that
20sheet was circulated, or (2) indicating the first and last
21dates on which the sheet was circulated, or (3) certifying that
22none of the signatures on the sheet were signed more than 90
23days preceding the last day for the filing of the petition and
24certifying that to the best of his or her knowledge and belief
25the persons so signing were at the time of signing the
26petitions qualified voters of the political party for which a

 

 

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1nomination is sought. Such statement shall be sworn to before
2some officer authorized to administer oaths in this State.
3    No petition sheet shall be circulated more than 90 days
4preceding the last day provided in Section 7-12 for the filing
5of such petition.
6    The person circulating the petition, or the candidate on
7whose behalf the petition is circulated, may strike any
8signature from the petition, provided that:
9        (1) the person striking the signature shall initial the
10    petition at the place where the signature is struck; and
11        (2) the person striking the signature shall sign a
12    certification listing the page number and line number of
13    each signature struck from the petition. Such
14    certification shall be filed as a part of the petition.
15    Such sheets before being filed shall be neatly fastened
16together in book form, by placing the sheets in a pile and
17fastening them together at one edge in a secure and suitable
18manner, and the sheets shall then be numbered consecutively.
19The sheets shall not be fastened by pasting them together end
20to end, so as to form a continuous strip or roll. All petition
21sheets which are filed with the proper local election
22officials, election authorities or the State Board of Elections
23shall be the original sheets which have been signed by the
24voters and by the circulator thereof, and not photocopies or
25duplicates of such sheets. Each petition must include as a part
26thereof, a statement of candidacy for each of the candidates

 

 

 

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1filing, or in whose behalf the petition is filed. This
2statement shall set out the address of such candidate, the
3office for which he is a candidate, shall state that the
4candidate is a qualified primary voter of the party to which
5the petition relates and is qualified for the office specified
6(in the case of a candidate for State's Attorney it shall state
7that the candidate is at the time of filing such statement a
8licensed attorney-at-law of this State), shall state that he
9has filed (or will file before the close of the petition filing
10period) a statement of economic interests as required by the
11Illinois Governmental Ethics Act, shall state that he or she
12has filed a certificate of ethics and campaign finance training
13if required to do so by the State Officials and Employees
14Ethics Act, shall request that the candidate's name be placed
15upon the official ballot, and shall be subscribed and sworn to
16by such candidate before some officer authorized to take
17acknowledgment of deeds in the State and shall be in
18substantially the following form:
19
Statement of Candidacy
20NameAddressOfficeDistrictParty
21John Jones102 Main St.GovernorStatewideRepublican
22Belvidere,
23Illinois
24State of Illinois)
25                 ) ss.

 

 

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1County of .......)
2    I, ...., being first duly sworn, say that I reside at ....
3Street in the city (or village) of ...., in the county of ....,
4State of Illinois; that I am a qualified voter therein and am a
5qualified primary voter of the .... party; that I am a
6candidate for nomination (for election in the case of
7committeeman and delegates and alternate delegates) to the
8office of .... to be voted upon at the primary election to be
9held on (insert date); that I am legally qualified (including
10being the holder of any license that may be an eligibility
11requirement for the office I seek the nomination for) to hold
12such office and that I have filed (or I will file before the
13close of the petition filing period) a statement of economic
14interests as required by the Illinois Governmental Ethics Act
15and a certificate of ethics and campaign finance training if
16required to do so by the State Officials and Employees Ethics
17Act, and I hereby request that my name be printed upon the
18official primary ballot for nomination for (or election to in
19the case of committeemen and delegates and alternate delegates)
20such office.
21
Signed ......................
22    Subscribed and sworn to (or affirmed) before me by ....,
23who is to me personally known, on (insert date).
24
Signed ....................
25
(Official Character)
26(Seal, if officer has one.)
 

 

 

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1    The petitions, when filed, shall not be withdrawn or added
2to, and no signatures shall be revoked except by revocation
3filed in writing with the State Board of Elections, election
4authority or local election official with whom the petition is
5required to be filed, and before the filing of such petition.
6Whoever forges the name of a signer upon any petition required
7by this Article is deemed guilty of a forgery and on conviction
8thereof shall be punished accordingly.
9    A candidate for the offices listed in this Section must
10obtain the number of signatures specified in this Section on
11his or her petition for nomination.
12    (a) Statewide office or delegate to a national nominating
13convention. If a candidate seeks to run for statewide office or
14as a delegate or alternate delegate to a national nominating
15convention elected from the State at-large, then the
16candidate's petition for nomination must contain at least 5,000
17but not more than 10,000 signatures.
18    (b) Congressional office or congressional delegate to a
19national nominating convention. If a candidate seeks to run for
20United States Congress or as a congressional delegate or
21alternate congressional delegate to a national nominating
22convention elected from a congressional district, then the
23candidate's petition for nomination must contain at least the
24number of signatures equal to 0.5% of the qualified primary
25electors of his or her party in his or her congressional

 

 

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1district. In the first primary election following a
2redistricting of congressional districts, a candidate's
3petition for nomination must contain at least 600 signatures of
4qualified primary electors of the candidate's political party
5in his or her congressional district.
6    (c) County office. If a candidate seeks to run for any
7countywide office, including but not limited to county board
8chairperson or county board member, elected on an at-large
9basis, in a county other than Cook County, then the candidate's
10petition for nomination must contain at least the number of
11signatures equal to 0.5% of the qualified electors of his or
12her party who cast votes at the last preceding general election
13in his or her county. If a candidate seeks to run for county
14board member elected from a county board district, then the
15candidate's petition for nomination must contain at least the
16number of signatures equal to 0.5% of the qualified primary
17electors of his or her party in the county board district. In
18the first primary election following a redistricting of county
19board districts or the initial establishment of county board
20districts, a candidate's petition for nomination must contain
21at least the number of signatures equal to 0.5% of the
22qualified electors of his or her party in the entire county who
23cast votes at the last preceding general election divided by
24the total number of county board districts comprising the
25county board; provided that in no event shall the number of
26signatures be less than 25.

 

 

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1    (d) County office; Cook County only.
2        (1) If a candidate seeks to run for countywide office
3    in Cook County, then the candidate's petition for
4    nomination must contain at least the number of signatures
5    equal to 0.5% of the qualified electors of his or her party
6    who cast votes at the last preceding general election in
7    Cook County.
8        (2) If a candidate seeks to run for Cook County Board
9    Commissioner, then the candidate's petition for nomination
10    must contain at least the number of signatures equal to
11    0.5% of the qualified primary electors of his or her party
12    in his or her county board district. In the first primary
13    election following a redistricting of Cook County Board of
14    Commissioners districts, a 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    in the entire county who cast votes at the last preceding
18    general election divided by the total number of county
19    board districts comprising the county board; provided that
20    in no event shall the number of signatures be less than 25.
21        (3) If a candidate seeks to run for Cook County Board
22    of Review Commissioner, which is elected from a district
23    pursuant to subsection (c) of Section 5-5 of the Property
24    Tax Code, then the candidate's petition for nomination must
25    contain at least the number of signatures equal to 0.5% of
26    the total number of registered voters in his or her board

 

 

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1    of review district in the last general election at which a
2    commissioner was regularly scheduled to be elected from
3    that board of review district. In no event shall the number
4    of signatures required be greater than the requisite number
5    for a candidate who seeks countywide office in Cook County
6    under subsection (d)(1) of this Section. In the first
7    primary election following a redistricting of Cook County
8    Board of Review districts, a candidate's petition for
9    nomination must contain at least 4,000 signatures or at
10    least the number of signatures required for a countywide
11    candidate in Cook County, whichever is less, of the
12    qualified electors of his or her party in the district.
13    (e) Municipal or township office. If a candidate seeks to
14run for municipal or township office, then the candidate's
15petition for nomination must contain at least the number of
16signatures equal to 0.5% of the qualified primary electors of
17his or her party in the municipality or township. If a
18candidate seeks to run for alderman of a municipality, then the
19candidate's petition for nomination must contain at least the
20number of signatures equal to 0.5% of the qualified primary
21electors of his or her party of the ward. In the first primary
22election following redistricting of aldermanic wards or
23trustee districts of a municipality or the initial
24establishment of wards or districts, a candidate's petition for
25nomination must contain the number of signatures equal to at
26least 0.5% of the total number of votes cast for the candidate

 

 

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1of that political party who received the highest number of
2votes in the entire municipality at the last regular election
3at which an officer was regularly scheduled to be elected from
4the entire municipality, divided by the number of wards or
5districts. In no event shall the number of signatures be less
6than 25.
7    (f) State central committeeperson. If a candidate seeks to
8run for State central committeeperson, then the candidate's
9petition for nomination must contain at least 100 signatures of
10the primary electors of his or her party of his or her
11congressional district.
12    (g) Sanitary district trustee. If a candidate seeks to run
13for trustee of a sanitary district in which trustees are not
14elected from wards, then the candidate's petition for
15nomination must contain at least the number of signatures equal
16to 0.5% of the primary electors of his or her party from the
17sanitary district. If a candidate seeks to run for trustee of a
18sanitary district in which trustees are elected from wards,
19then the candidate's petition for nomination must contain at
20least the number of signatures equal to 0.5% of the primary
21electors of his or her party in the ward of that sanitary
22district. In the first primary election following
23redistricting of sanitary districts elected from wards, a
24candidate's petition for nomination must contain at least the
25signatures of 150 qualified primary electors of his or her ward
26of that sanitary district.

 

 

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1    (h) Judicial office. If a candidate seeks to run for
2judicial office in a district, then the candidate's petition
3for nomination must contain the number of signatures equal to
40.4% of the number of votes cast in that district for the
5candidate for his or her political party for the office of
6Governor at the last general election at which a Governor was
7elected, but in no event less than 500 signatures. If a
8candidate seeks to run for judicial office in a circuit or
9subcircuit, then the candidate's petition for nomination must
10contain the number of signatures equal to 0.25% of the number
11of votes cast for the judicial candidate of his or her
12political party who received the highest number of votes at the
13last general election at which a judicial officer from the same
14circuit or subcircuit was regularly scheduled to be elected,
15but in no event less than 500 signatures.
16    (i) Precinct, ward, and township committeeperson. If a
17candidate seeks to run for precinct committeeperson, then the
18candidate's petition for nomination must contain at least 10
19signatures of the primary electors of his or her party for the
20precinct. If a candidate seeks to run for ward committeeperson,
21then the candidate's petition for nomination must contain no
22less than the number of signatures equal to 10% of the primary
23electors of his or her party of the ward, but no more than 16%
24of those same electors; provided that the maximum number of
25signatures may be 50 more than the minimum number, whichever is
26greater. If a candidate seeks to run for township

 

 

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1committeeperson, then the candidate's petition for nomination
2must contain no less than the number of signatures equal to 5%
3of the primary electors of his or her party of the township,
4but no more than 8% of those same electors; provided that the
5maximum number of signatures may be 50 more than the minimum
6number, whichever is greater.
7    (j) State's attorney or regional superintendent of schools
8for multiple counties. If a candidate seeks to run for State's
9attorney or regional Superintendent of Schools who serves more
10than one county, then the candidate's petition for nomination
11must contain at least the number of signatures equal to 0.5% of
12the primary electors of his or her party in the territory
13comprising the counties.
14    (k) Any other office. If a candidate seeks any other
15office, then the candidate's petition for nomination must
16contain at least the number of signatures equal to 0.5% of the
17registered voters of the political subdivision, district, or
18division for which the nomination is made or 25 signatures,
19whichever is greater.
20    For purposes of this Section the number of primary electors
21shall be determined by taking the total vote cast, in the
22applicable district, for the candidate for that political party
23who received the highest number of votes, statewide, at the
24last general election in the State at which electors for
25President of the United States were elected. For political
26subdivisions, the number of primary electors shall be

 

 

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1determined by taking the total vote cast for the candidate for
2that political party who received the highest number of votes
3in the political subdivision at the last regular election at
4which an officer was regularly scheduled to be elected from
5that subdivision. For wards or districts of political
6subdivisions, the number of primary electors shall be
7determined by taking the total vote cast for the candidate for
8that political party who received the highest number of votes
9in the ward or district at the last regular election at which
10an officer was regularly scheduled to be elected from that ward
11or district.
12    A "qualified primary elector" of a party may not sign
13petitions for or be a candidate in the primary of more than one
14party.
15    The changes made to this Section of this amendatory Act of
16the 93rd General Assembly are declarative of existing law,
17except for item (3) of subsection (d).
18    Petitions of candidates for nomination for offices herein
19specified, to be filed with the same officer, may contain the
20names of 2 or more candidates of the same political party for
21the same or different offices. In the case of the offices of
22Governor and Lieutenant Governor, a joint petition including
23one candidate for each of those offices must be filed.
24(Source: P.A. 95-699, eff. 11-9-07; 95-916, eff. 8-26-08;
2596-1018, eff. 1-1-11.)
 

 

 

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1    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
2    Sec. 7-12. All petitions for nomination shall be filed by
3mail or in person as follows:
4        (1) Where the nomination is to be made for a State,
5    congressional, or judicial office, or for any office a
6    nomination for which is made for a territorial division or
7    district which comprises more than one county or is partly
8    in one county and partly in another county or counties,
9    then, except as otherwise provided in this Section, such
10    petition for nomination shall be filed in the principal
11    office of the State Board of Elections not more than 113
12    and not less than 106 days prior to the date of the
13    primary, but, in the case of petitions for nomination to
14    fill a vacancy by special election in the office of
15    representative in Congress from this State, such petition
16    for nomination shall be filed in the principal office of
17    the State Board of Elections not more than 57 days and not
18    less than 50 days prior to the date of the primary.
19        Where a vacancy occurs in the office of Supreme,
20    Appellate or Circuit Court Judge within the 3-week period
21    preceding the 106th day before a general primary election,
22    petitions for nomination for the office in which the
23    vacancy has occurred shall be filed in the principal office
24    of the State Board of Elections not more than 92 nor less
25    than 85 days prior to the date of the general primary
26    election.

 

 

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1        Where the nomination is to be made for delegates or
2    alternate delegates to a national nominating convention,
3    then such petition for nomination shall be filed in the
4    principal office of the State Board of Elections not more
5    than 113 and not less than 106 days prior to the date of
6    the primary; provided, however, that if the rules or
7    policies of a national political party conflict with such
8    requirements for filing petitions for nomination for
9    delegates or alternate delegates to a national nominating
10    convention, the chairman of the State central committee of
11    such national political party shall notify the Board in
12    writing, citing by reference the rules or policies of the
13    national political party in conflict, and in such case the
14    Board shall direct such petitions to be filed not more than
15    83 and not less than 76 days prior to the date of the
16    primary.
17        (2) Where the nomination is to be made for a county
18    office or trustee of a sanitary district then such petition
19    shall be filed in the office of the county clerk not more
20    than 113 nor less than 106 days prior to the date of the
21    primary.
22        (3) Where the nomination is to be made for a municipal
23    or township office, such petitions for nomination shall be
24    filed in the office of the local election official, not
25    more than 99 nor less than 92 days prior to the date of the
26    primary; provided, where a municipality's or township's

 

 

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1    boundaries are coextensive with or are entirely within the
2    jurisdiction of a municipal board of election
3    commissioners, the petitions shall be filed in the office
4    of such board; and provided, that petitions for the office
5    of multi-township assessor shall be filed with the election
6    authority.
7        (4) The petitions of candidates for State central
8    committeeman shall be filed in the principal office of the
9    State Board of Elections not more than 113 nor less than
10    106 days prior to the date of the primary.
11        (5) Petitions of candidates for precinct, township or
12    ward committeemen shall be filed in the office of the
13    county clerk not more than 113 nor less than 106 days prior
14    to the date of the primary.
15        (6) The State Board of Elections and the various
16    election authorities and local election officials with
17    whom such petitions for nominations are filed shall specify
18    the place where filings shall be made and upon receipt
19    shall endorse thereon the day and hour on which each
20    petition was filed. All petitions filed by persons waiting
21    in line as of 8:00 a.m. on the first day for filing, or as
22    of the normal opening hour of the office involved on such
23    day, shall be deemed filed as of 8:00 a.m. or the normal
24    opening hour, as the case may be. Petitions filed by mail
25    and received after midnight of the first day for filing and
26    in the first mail delivery or pickup of that day shall be

 

 

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1    deemed as filed as of 8:00 a.m. of that day or as of the
2    normal opening hour of such day, as the case may be. All
3    petitions received thereafter shall be deemed as filed in
4    the order of actual receipt. Where 2 or more petitions are
5    received simultaneously, the State Board of Elections or
6    the various election authorities or local election
7    officials with whom such petitions are filed shall break
8    ties and determine the order of filing, by means of a
9    lottery or other fair and impartial method of random
10    selection approved by the State Board of Elections. Such
11    lottery shall be conducted within 9 days following the last
12    day for petition filing and shall be open to the public.
13    Seven days written notice of the time and place of
14    conducting such random selection shall be given by the
15    State Board of Elections to the chairman of the State
16    central committee of each established political party, and
17    by each election authority or local election official, to
18    the County Chairman of each established political party,
19    and to each organization of citizens within the election
20    jurisdiction which was entitled, under this Article, at the
21    next preceding election, to have pollwatchers present on
22    the day of election. The State Board of Elections, election
23    authority or local election official shall post in a
24    conspicuous, open and public place, at the entrance of the
25    office, notice of the time and place of such lottery. The
26    State Board of Elections shall adopt rules and regulations

 

 

HB3184- 21 -LRB097 06424 JDS 46506 b

1    governing the procedures for the conduct of such lottery.
2    All candidates shall be certified in the order in which
3    their petitions have been filed. Where candidates have
4    filed simultaneously, they shall be certified in the order
5    determined by lot and prior to candidates who filed for the
6    same office at a later time.
7        (7) The State Board of Elections or the appropriate
8    election authority or local election official with whom
9    such a petition for nomination is filed shall notify the
10    person for whom a petition for nomination has been filed of
11    the obligation to file statements of organization, reports
12    of campaign contributions, and annual reports of campaign
13    contributions and expenditures under Article 9 of this Act.
14    Such notice shall be given in the manner prescribed by
15    paragraph (7) of Section 9-16 of this Code.
16        (8) Nomination papers filed under this Section are not
17    valid if the candidate named therein fails to file a
18    statement of economic interests as required by the Illinois
19    Governmental Ethics Act in relation to his candidacy with
20    the appropriate officer by the end of the period for the
21    filing of nomination papers unless he has filed a statement
22    of economic interests in relation to the same governmental
23    unit with that officer within a year preceding the date on
24    which such nomination papers were filed. If the nomination
25    papers of any candidate and the statement of economic
26    interest of that candidate are not required to be filed

 

 

HB3184- 22 -LRB097 06424 JDS 46506 b

1    with the same officer, the candidate must file with the
2    officer with whom the nomination papers are filed a receipt
3    from the officer with whom the statement of economic
4    interests is filed showing the date on which such statement
5    was filed. Such receipt shall be so filed not later than
6    the last day on which nomination papers may be filed.
7        (8.5) Nomination papers filed under this Section by
8    candidates for the General Assembly are not valid if the
9    candidate named therein is required to file a certificate
10    evidencing completion of the ethics and campaign finance
11    training under the State Officials and Employees Ethics Act
12    but fails to do so by the end of the period for the filing
13    of nomination papers.
14        (9) Any person for whom a petition for nomination, or
15    for committeeman or for delegate or alternate delegate to a
16    national nominating convention has been filed may cause his
17    name to be withdrawn by request in writing, signed by him
18    and duly acknowledged before an officer qualified to take
19    acknowledgments of deeds, and filed in the principal or
20    permanent branch office of the State Board of Elections or
21    with the appropriate election authority or local election
22    official, not later than the date of certification of
23    candidates for the consolidated primary or general primary
24    ballot. No names so withdrawn shall be certified or printed
25    on the primary ballot. If petitions for nomination have
26    been filed for the same person with respect to more than

 

 

HB3184- 23 -LRB097 06424 JDS 46506 b

1    one political party, his name shall not be certified nor
2    printed on the primary ballot of any party. If petitions
3    for nomination have been filed for the same person for 2 or
4    more offices which are incompatible so that the same person
5    could not serve in more than one of such offices if
6    elected, that person must withdraw as a candidate for all
7    but one of such offices within the 5 business days
8    following the last day for petition filing. If he fails to
9    withdraw as a candidate for all but one of such offices
10    within such time his name shall not be certified, nor
11    printed on the primary ballot, for any office. For the
12    purpose of the foregoing provisions, an office in a
13    political party is not incompatible with any other office.
14        (10)(a) Notwithstanding the provisions of any other
15    statute, no primary shall be held for an established
16    political party in any township, municipality, or ward
17    thereof, where the nomination of such party for every
18    office to be voted upon by the electors of such township,
19    municipality, or ward thereof, is uncontested. Whenever a
20    political party's nomination of candidates is uncontested
21    as to one or more, but not all, of the offices to be voted
22    upon by the electors of a township, municipality, or ward
23    thereof, then a primary shall be held for that party in
24    such township, municipality, or ward thereof; provided
25    that the primary ballot shall not include those offices
26    within such township, municipality, or ward thereof, for

 

 

HB3184- 24 -LRB097 06424 JDS 46506 b

1    which the nomination is uncontested. For purposes of this
2    Article, the nomination of an established political party
3    of a candidate for election to an office shall be deemed to
4    be uncontested where not more than the number of persons to
5    be nominated have timely filed valid nomination papers
6    seeking the nomination of such party for election to such
7    office.
8        (b) Notwithstanding the provisions of any other
9    statute, no primary election shall be held for an
10    established political party for any special primary
11    election called for the purpose of filling a vacancy in the
12    office of representative in the United States Congress
13    where the nomination of such political party for said
14    office is uncontested. For the purposes of this Article,
15    the nomination of an established political party of a
16    candidate for election to said office shall be deemed to be
17    uncontested where not more than the number of persons to be
18    nominated have timely filed valid nomination papers
19    seeking the nomination of such established party for
20    election to said office. This subsection (b) shall not
21    apply if such primary election is conducted on a regularly
22    scheduled election day.
23        (c) Notwithstanding the provisions in subparagraph (a)
24    and (b) of this paragraph (10), whenever a person who has
25    not timely filed valid nomination papers and who intends to
26    become a write-in candidate for a political party's

 

 

HB3184- 25 -LRB097 06424 JDS 46506 b

1    nomination for any office for which the nomination is
2    uncontested files a written statement or notice of that
3    intent with the State Board of Elections or the local
4    election official with whom nomination papers for such
5    office are filed, a primary ballot shall be prepared and a
6    primary shall be held for that office. Such statement or
7    notice shall be filed on or before the date established in
8    this Article for certifying candidates for the primary
9    ballot. Such statement or notice shall contain (i) the name
10    and address of the person intending to become a write-in
11    candidate, (ii) a statement that the person is a qualified
12    primary elector of the political party from whom the
13    nomination is sought, (iii) a statement that the person
14    intends to become a write-in candidate for the party's
15    nomination, and (iv) the office the person is seeking as a
16    write-in candidate. An election authority shall have no
17    duty to conduct a primary and prepare a primary ballot for
18    any office for which the nomination is uncontested unless a
19    statement or notice meeting the requirements of this
20    Section is filed in a timely manner.
21        (11) If multiple sets of nomination papers are filed
22    for a candidate to the same office, the State Board of
23    Elections, appropriate election authority or local
24    election official where the petitions are filed shall
25    within 2 business days notify the candidate of his or her
26    multiple petition filings and that the candidate has 3

 

 

HB3184- 26 -LRB097 06424 JDS 46506 b

1    business days after receipt of the notice to notify the
2    State Board of Elections, appropriate election authority
3    or local election official that he or she may cancel prior
4    sets of petitions. If the candidate notifies the State
5    Board of Elections, appropriate election authority or
6    local election official, the last set of petitions filed
7    shall be the only petitions to be considered valid by the
8    State Board of Elections, election authority or local
9    election official. If the candidate fails to notify the
10    State Board of Elections, election authority or local
11    election official then only the first set of petitions
12    filed shall be valid and all subsequent petitions shall be
13    void.
14        (12) All nominating petitions shall be available for
15    public inspection and shall be preserved for a period of
16    not less than 6 months.
17(Source: P.A. 96-1008, eff. 7-6-10.)
 
18    (10 ILCS 5/7-60)  (from Ch. 46, par. 7-60)
19    Sec. 7-60. Not less than 74 days before the date of the
20general election, the State Board of Elections shall certify to
21the county clerks the names of each of the candidates who have
22been nominated as shown by the proclamation of the State Board
23of Elections as a canvassing board or who have been nominated
24to fill a vacancy in nomination and direct the election
25authority to place upon the official ballot for the general

 

 

HB3184- 27 -LRB097 06424 JDS 46506 b

1election the names of such candidates in the same manner and in
2the same order as shown upon the certification, except as
3otherwise provided in this Section.
4    Not less than 68 days before the date of the general
5election, each county clerk shall certify the names of each of
6the candidates for county offices who have been nominated as
7shown by the proclamation of the county election authority or
8who have been nominated to fill a vacancy in nomination and
9declare that the names of such candidates for the respective
10offices shall be placed upon the official ballot for the
11general election in the same manner and in the same order as
12shown upon the certification, except as otherwise provided by
13this Section. Each county clerk shall place a copy of the
14certification on file in his or her office and at the same time
15issue to the State Board of Elections a copy of such
16certification. In addition, each county clerk in whose county
17there is a board of election commissioners shall, not less than
1868 days before the date of the general election, issue to such
19board a copy of the certification that has been filed in the
20county clerk's office, together with a copy of the
21certification that has been issued to the clerk by the State
22Board of Elections, with directions to the board of election
23commissioners to place upon the official ballot for the general
24election in that election jurisdiction the names of all
25candidates that are listed on such certifications, in the same
26manner and in the same order as shown upon such certifications,

 

 

HB3184- 28 -LRB097 06424 JDS 46506 b

1except as otherwise provided in this Section.
2    Whenever there are two or more persons nominated by the
3same political party for multiple offices for any board, the
4name of the candidate of such party receiving the highest
5number of votes in the primary election as a candidate for such
6office, as shown by the official election returns of the
7primary, shall be certified first under the name of such
8offices, and the names of the remaining candidates of such
9party for such offices shall follow in the order of the number
10of votes received by them respectively at the primary election
11as shown by the official election results.
12    No person who is shown by the final proclamation to have
13been nominated or elected at the primary as a write-in
14candidate shall have his or her name certified unless such
15person shall have filed with the certifying office or board
16within 10 days after the election authority's proclamation a
17statement of candidacy pursuant to Section 7-10, a statement
18pursuant to Section 7-10.1, a certificate of ethics and
19campaign finance if required to do so by the State Officials
20and Employees Ethics Act, and a receipt for the filing of a
21statement of economic interests in relation to the unit of
22government to which he or she has been elected or nominated.
23    Each county clerk and board of election commissioners shall
24determine by a fair and impartial method of random selection
25the order of placement of established political party
26candidates for the general election ballot. Such determination

 

 

HB3184- 29 -LRB097 06424 JDS 46506 b

1shall be made within 30 days following the canvass and
2proclamation of the results of the general primary in the
3office of the county clerk or board of election commissioners
4and shall be open to the public. Seven days written notice of
5the time and place of conducting such random selection shall be
6given, by each such election authority, to the County Chairman
7of each established political party, and to each organization
8of citizens within the election jurisdiction which was
9entitled, under this Article, at the next preceding election,
10to have pollwatchers present on the day of election. Each
11election authority shall post in a conspicuous, open and public
12place, at the entrance of the election authority office, notice
13of the time and place of such lottery. However, a board of
14election commissioners may elect to place established
15political party candidates on the general election ballot in
16the same order determined by the county clerk of the county in
17which the city under the jurisdiction of such board is located.
18    Each certification shall indicate, where applicable, the
19following:
20        (1) The political party affiliation of the candidates
21    for the respective offices;
22        (2) If there is to be more than one candidate elected
23    to an office from the State, political subdivision or
24    district;
25        (3) If the voter has the right to vote for more than
26    one candidate for an office;

 

 

HB3184- 30 -LRB097 06424 JDS 46506 b

1        (4) The term of office, if a vacancy is to be filled
2    for less than a full term or if the offices to be filled in
3    a political subdivision are for different terms.
4    The State Board of Elections or the county clerk, as the
5case may be, shall issue an amended certification whenever it
6is discovered that the original certification is in error.
7(Source: P.A. 96-1008, eff. 7-6-10.)
 
8    (10 ILCS 5/7-61)  (from Ch. 46, par. 7-61)
9    Sec. 7-61. Whenever a special election is necessary the
10provisions of this Article are applicable to the nomination of
11candidates to be voted for at such special election.
12    In cases where a primary election is required the officer
13or board or commission whose duty it is under the provisions of
14this Act relating to general elections to call an election,
15shall fix a date for the primary for the nomination of
16candidates to be voted for at such special election. Notice of
17such primary shall be given at least 15 days prior to the
18maximum time provided for the filing of petitions for such a
19primary as provided in Section 7-12.
20    Any vacancy in nomination under the provisions of this
21Article 7 occurring on or after the primary and prior to
22certification of candidates by the certifying board or officer,
23must be filled prior to the date of certification. Any vacancy
24in nomination occurring after certification but prior to 15
25days before the general election shall be filled within 8 days

 

 

HB3184- 31 -LRB097 06424 JDS 46506 b

1after the event creating the vacancy. The resolution filling
2the vacancy shall be sent by U. S. mail or personal delivery to
3the certifying officer or board within 3 days of the action by
4which the vacancy was filled; provided, if such resolution is
5sent by mail and the U. S. postmark on the envelope containing
6such resolution is dated prior to the expiration of such 3 day
7limit, the resolution shall be deemed filed within such 3 day
8limit. Failure to so transmit the resolution within the time
9specified in this Section shall authorize the certifying
10officer or board to certify the original candidate. Vacancies
11shall be filled by the officers of a local municipal or
12township political party as specified in subsection (h) of
13Section 7-8, other than a statewide political party, that is
14established only within a municipality or township and the
15managing committee (or legislative committee in case of a
16candidate for State Senator or representative committee in the
17case of a candidate for State Representative in the General
18Assembly or State central committee in the case of a candidate
19for statewide office, including but not limited to the office
20of United States Senator) of the respective political party for
21the territorial area in which such vacancy occurs.
22    The resolution to fill a vacancy in nomination shall be
23duly acknowledged before an officer qualified to take
24acknowledgements of deeds and shall include, upon its face, the
25following information:
26    (a) the name of the original nominee and the office

 

 

HB3184- 32 -LRB097 06424 JDS 46506 b

1vacated;
2    (b) the date on which the vacancy occurred;
3    (c) the name and address of the nominee selected to fill
4the vacancy and the date of selection.
5    The resolution to fill a vacancy in nomination shall be
6accompanied by a Statement of Candidacy, as prescribed in
7Section 7-10, completed by the selected nominee, a certificate
8of ethics and campaign finance training if required to do so by
9the State Officials and Employees Ethics Act, and a receipt
10indicating that such nominee has filed a statement of economic
11interests as required by the Illinois Governmental Ethics Act .
12    The provisions of Section 10-8 through 10-10.1 relating to
13objections to certificates of nomination and nomination
14papers, hearings on objections, and judicial review, shall
15apply to and govern objections to resolutions for filling a
16vacancy in nomination.
17    Any vacancy in nomination occurring 15 days or less before
18the consolidated election or the general election shall not be
19filled. In this event, the certification of the original
20candidate shall stand and his name shall appear on the official
21ballot to be voted at the general election.
22    A vacancy in nomination occurs when a candidate who has
23been nominated under the provisions of this Article 7 dies
24before the election (whether death occurs prior to, on or after
25the day of the primary), or declines the nomination; provided
26that nominations may become vacant for other reasons.

 

 

HB3184- 33 -LRB097 06424 JDS 46506 b

1    If the name of no established political party candidate was
2printed on the consolidated primary ballot for a particular
3office and if no person was nominated as a write-in candidate
4for such office, a vacancy in nomination shall be created which
5may be filled in accordance with the requirements of this
6Section. If the name of no established political party
7candidate was printed on the general primary ballot for a
8particular office and if no person was nominated as a write-in
9candidate for such office, a vacancy in nomination shall be
10filled only by a person designated by the appropriate committee
11of the political party and only if that designated person files
12nominating petitions with the number of signatures required for
13an established party candidate for that office within 75 days
14after the day of the general primary. The circulation period
15for those petitions begins on the day the appropriate committee
16designates that person. The person shall file his or her
17nominating petitions, statements of candidacy, notice of
18appointment by the appropriate committee, a certificate of
19ethics and campaign finance training if required to do so by
20the State Officials and Employees Ethics Act, and receipt of
21filing his or her statement of economic interests together.
22These documents shall be filed at the same location as provided
23in Section 7-12. The electoral boards having jurisdiction under
24Section 10-9 to hear and pass upon objections to nominating
25petitions also shall hear and pass upon objections to
26nomination petitions filed by candidates under this paragraph.

 

 

HB3184- 34 -LRB097 06424 JDS 46506 b

1    A candidate for whom a nomination paper has been filed as a
2partisan candidate at a primary election, and who is defeated
3for his or her nomination at such primary election, is
4ineligible to be listed on the ballot at that general or
5consolidated election as a candidate of another political
6party.
7    A candidate seeking election to an office for which
8candidates of political parties are nominated by caucus who is
9a participant in the caucus and who is defeated for his or her
10nomination at such caucus, is ineligible to be listed on the
11ballot at that general or consolidated election as a candidate
12of another political party.
13    In the proceedings to nominate a candidate to fill a
14vacancy or to fill a vacancy in the nomination, each precinct,
15township, ward, county or congressional district, as the case
16may be, shall through its representative on such central or
17managing committee, be entitled to one vote for each ballot
18voted in such precinct, township, ward, county or congressional
19district, as the case may be, by the primary electors of its
20party at the primary election immediately preceding the meeting
21at which such vacancy is to be filled.
22    For purposes of this Section, the words "certify" and
23"certification" shall refer to the act of officially declaring
24the names of candidates entitled to be printed upon the
25official ballot at an election and directing election
26authorities to place the names of such candidates upon the

 

 

HB3184- 35 -LRB097 06424 JDS 46506 b

1official ballot. "Certifying officers or board" shall refer to
2the local election official, election authority or the State
3Board of Elections, as the case may be, with whom nomination
4papers, including certificates of nomination and resolutions
5to fill vacancies in nomination, are filed and whose duty it is
6to "certify" candidates.
7(Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
 
8    (10 ILCS 5/8-8)  (from Ch. 46, par. 8-8)
9    Sec. 8-8. Form of petition for nomination. The name of no
10candidate for nomination shall be printed upon the primary
11ballot unless a petition for nomination shall have been filed
12in his behalf as provided for in this Section. Each such
13petition shall include as a part thereof the oath required by
14Section 7-10.1 of this Act and a statement of candidacy by the
15candidate filing or in whose behalf the petition is filed. This
16statement shall set out the address of such candidate, the
17office for which he is a candidate, shall state that the
18candidate is a qualified primary voter of the party to which
19the petition relates, is qualified for the office specified and
20has filed a statement of economic interests as required by the
21Illinois Governmental Ethics Act and a certificate of ethics
22and campaign finance training if required to do so by the State
23Officials and Employees Ethics Act, shall request that the
24candidate's name be placed upon the official ballot, and shall
25be subscribed and sworn by such candidate before some officer

 

 

HB3184- 36 -LRB097 06424 JDS 46506 b

1authorized to take acknowledgment of deeds in this State and
2may be in substantially the following form:
3State of Illinois)
4                 ) ss.
5County ..........)
6    I, ...., being first duly sworn, say that I reside at ....
7street in the city (or village of) .... in the county of ....
8State of Illinois; that I am a qualified voter therein and am a
9qualified primary voter of .... party; that I am a candidate
10for nomination to the office of .... to be voted upon at the
11primary election to be held on (insert date); that I am legally
12qualified to hold such office and that I have filed a statement
13of economic interests as required by the Illinois Governmental
14Ethics Act and a certificate of ethics and campaign finance
15training if required to do so by the State Officials and
16Employees Ethics Act, and I hereby request that my name be
17printed upon the official primary ballot for nomination for
18such office.
19
Signed ....................
20    Subscribed and sworn to (or affirmed) before me by ....,
21who is to me personally known, on (insert date).
22
Signed .... (Official Character)
23
(Seal if officer has one.)
24    The receipt issued by the Secretary of State indicating
25that the candidate has filed the statement of economic
26interests required by the Illinois Governmental Ethics Act must

 

 

HB3184- 37 -LRB097 06424 JDS 46506 b

1be filed with the petitions for nomination as provided in
2subsection (8) of Section 7-12 of this Code. The certificate of
3ethics and campaign finance training, if required under the
4State Officials and Employees Ethics Act, must be filed with
5the petitions for nomination as provided in subsection (8.5) of
6Section 7-12 of this Code.
7    All petitions for nomination for the office of State
8Senator shall be signed by 1% or 1,000 , whichever is greater,
9of the qualified primary electors of the candidate's party in
10his legislative district, except that for the first primary
11following a redistricting of legislative districts, such
12petitions shall be signed by at least 1,000 qualified primary
13electors of the candidate's party in his legislative district.
14    All petitions for nomination for the office of
15Representative in the General Assembly shall be signed by at
16least 1% or 500 , whichever is greater, of the qualified
17primary electors of the candidate's party in his or her
18representative district, except that for the first primary
19following a redistricting of representative districts such
20petitions shall be signed by at least 500 qualified primary
21electors of the candidate's party in his or her representative
22district.
23    Opposite the signature of each qualified primary elector
24who signs a petition for nomination for the office of State
25Representative or State Senator such elector's residence
26address shall be written or printed. The residence address

 

 

HB3184- 38 -LRB097 06424 JDS 46506 b

1required to be written or printed opposite each qualified
2primary elector's name shall include the street address or
3rural route number of the signer, as the case may be, as well
4as the signer's county and city, village or town.
5    For the purposes of this Section, the number of primary
6electors shall be determined by taking the total vote cast, in
7the applicable district, for the candidate for such political
8party who received the highest number of votes, state-wide, at
9the last general election in the State at which electors for
10President of the United States were elected.
11    A "qualified primary elector" of a party may not sign
12petitions for or be a candidate in the primary of more than one
13party.
14    In the affidavit at the bottom of each sheet, the petition
15circulator, who shall be a person 18 years of age or older who
16is a citizen of the United States, shall state his or her
17street address or rural route number, as the case may be, as
18well as his or her county, city, village or town, and state;
19and shall certify that the signatures on that sheet of the
20petition were signed in his or her presence; and shall certify
21that the signatures are genuine; and shall certify that to the
22best of his or her knowledge and belief the persons so signing
23were at the time of signing the petition qualified primary
24voters for which the nomination is sought.
25    In the affidavit at the bottom of each petition sheet, the
26petition circulator shall either (1) indicate the dates on

 

 

HB3184- 39 -LRB097 06424 JDS 46506 b

1which he or she circulated that sheet, or (2) indicate the
2first and last dates on which the sheet was circulated, or (3)
3certify that none of the signatures on the sheet were signed
4more than 90 days preceding the last day for the filing of the
5petition. No petition sheet shall be circulated more than 90
6days preceding the last day provided in Section 8-9 for the
7filing of such petition.
8    All petition sheets which are filed with the State Board of
9Elections shall be the original sheets which have been signed
10by the voters and by the circulator, and not photocopies or
11duplicates of such sheets.
12    The person circulating the petition, or the candidate on
13whose behalf the petition is circulated, may strike any
14signature from the petition, provided that:
15        (1) the person striking the signature shall initial the
16    petition at the place where the signature is struck; and
17        (2) the person striking the signature shall sign a
18    certification listing the page number and line number of
19    each signature struck from the petition. Such
20    certification shall be filed as a part of the petition.
21(Source: P.A. 94-645, eff. 8-22-05.)
 
22    (10 ILCS 5/8-17.1)  (from Ch. 46, par. 8-17.1)
23    Sec. 8-17.1. Whenever a vacancy in the office of State
24Senator is to be filled by election pursuant to Article IV,
25Section 2(d) of the Constitution and Section 25-6 of this Code,

 

 

HB3184- 40 -LRB097 06424 JDS 46506 b

1nominations shall be made and any vacancy in nomination shall
2be filled pursuant to this Section:
3        (1) If the vacancy in office occurs before the first
4    date provided in Section 8-9 for filing nomination papers
5    for the primary in the next even-numbered year following
6    the commencement of the term, the nominations for the
7    election for filling such vacancy shall be made as
8    otherwise provided in Article 8.
9        (2) If the vacancy in office occurs during the time
10    provided in Section 8-9 for filing nomination papers for
11    the office of State Senator for the primary in the next
12    even-numbered year following commencement of the term of
13    office in which such vacancy occurs, the time for filing
14    nomination papers for such office for the primary shall be
15    not more than 105 days and not less than 99 days prior to
16    the date of the primary election.
17        (3) If the vacancy in office occurs after the last day
18    provided in Section 8-9 for filing nomination papers for
19    the office of State Senator, a vacancy in nomination shall
20    be deemed to have occurred and the legislative committee of
21    each established political party shall nominate, by
22    resolution, a candidate to fill such vacancy in nomination
23    for the election to such office at such general election.
24    In the proceedings to fill the vacancy in nomination the
25    voting strength of the members of the legislative committee
26    shall be as provided in Section 8-6. The name of the

 

 

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1    candidate so nominated shall not appear on the ballot at
2    the general primary election. Such vacancy in nomination
3    shall be filled prior to the date of certification of
4    candidates for the general election.
5        (4) The resolution to fill the vacancy shall be duly
6    acknowledged before an officer qualified to take
7    acknowledgments of deeds and shall include, upon its face,
8    the following information: ;
9            (a) the names of the original nominee and the
10        office vacated;
11            (b) the date on which the vacancy occurred;
12            (c) the name and address of the nominee selected to
13        fill the vacancy and the date of selection.
14        The resolution to fill the vacancy shall be accompanied
15    by a Statement of Candidacy, as prescribed in Section 7-10,
16    completed by the selected nominee, a certificate of ethics
17    and campaign finance training if required to do so by the
18    State Officials and Employees Ethics Act, and a receipt
19    indicating that such nominee has filed a statement of
20    economic interests as required by the Illinois
21    Governmental Ethics Act.
22    The provisions of Sections 10-8 through 10-10.1 relating to
23objections to nomination papers, hearings on objections and
24judicial review, shall also apply to and govern objections to
25nomination papers and resolutions for filling vacancies in
26nomination filed pursuant to this Section.

 

 

HB3184- 42 -LRB097 06424 JDS 46506 b

1    Unless otherwise specified herein, the nomination and
2election provided for in this Section shall be governed by this
3Code.
4(Source: P.A. 96-1008, eff. 7-6-10; revised 9-16-10.)
 
5    (10 ILCS 5/10-5)  (from Ch. 46, par. 10-5)
6    Sec. 10-5. All petitions for nomination shall, besides
7containing the names of candidates, specify as to each:
8    1. The office or offices to which such candidate or
9candidates shall be nominated.
10    2. The new political party, if any, represented, expressed
11in not more than 5 words. However, such party shall not bear
12the same name as, nor include the name of any established
13political party as defined in this Article. This prohibition
14does not preclude any established political party from making
15nominations in those cases in which it is authorized to do so.
16    3. The place of residence of any such candidate or
17candidates with the street and number thereof, if any. In the
18case of electors for President and Vice-President of the United
19States, the names of candidates for President and
20Vice-President may be added to the party name or appellation.
21    Such certificate of nomination or nomination papers in
22addition shall include as a part thereof, the oath required by
23Section 7-10.1 of this Act and must include a statement of
24candidacy for each of the candidates named therein, except
25candidates for electors for President and Vice-President of the

 

 

HB3184- 43 -LRB097 06424 JDS 46506 b

1United States. Each such statement shall set out the address of
2such candidate, the office for which he is a candidate, shall
3state that the candidate is qualified for the office specified
4and has filed (or will file before the close of the petition
5filing period) a statement of economic interests as required by
6the Illinois Governmental Ethics Act and a certificate of
7ethics and campaign finance training if required to do so by
8the State Officials and Employees Ethics Act, shall request
9that the candidate's name be placed upon the official ballot
10and shall be subscribed and sworn to by such candidate before
11some officer authorized to take acknowledgments of deeds in
12this State, and may be in substantially the following form:
13State of Illinois)
14                 ) SS.
15County of........)
16    I,...., being first duly sworn, say that I reside at....
17street, in the city (or village) of.... in the county of....
18State of Illinois; and that I am a qualified voter therein;
19that I am a candidate for election to the office of.... to be
20voted upon at the election to be held on the.... day
21of....,.....; and that I am legally qualified to hold such
22office and that I have filed (or will file before the close of
23the petition filing period) a statement of economic interests
24as required by the Illinois Governmental Ethics Act and a
25certificate of ethics and campaign finance training if required
26to do so by the State Officials and Employees Ethics Act, and I

 

 

HB3184- 44 -LRB097 06424 JDS 46506 b

1hereby request that my name be printed upon the official ballot
2for election to such office.
3
Signed.................
4    Subscribed and sworn to (or affirmed) before me by.... who
5is to me personally known, this.... day of....,......
6
Signed.................
7
(Official Character)
8(Seal, if officer has one.)
9    In addition, a new political party petition shall have
10attached thereto a certificate stating the names and addresses
11of the party officers authorized to fill vacancies in
12nomination pursuant to Section 10-11.
13    Nomination papers filed under this Section are not valid if
14the candidate named therein fails to file a statement of
15economic interests as required by the Illinois Governmental
16Ethics Act in relation to his candidacy with the appropriate
17officer by the end of the period for the filing of nomination
18papers unless he has filed a statement of economic interests in
19relation to the same governmental unit with that officer during
20the same calendar year as the year in which such nomination
21papers were filed. If the nomination papers of any candidate
22and the statement of economic interest of that candidate are
23not required to be filed with the same officer, the candidate
24must file with the officer with whom the nomination papers are
25filed a receipt from the officer with whom the statement of
26economic interests is filed showing the date on which such

 

 

HB3184- 45 -LRB097 06424 JDS 46506 b

1statement was filed. Such receipt shall be so filed not later
2than the last day on which nomination papers may be filed.
3    Nomination papers filed under this Section are not valid if
4the candidate for the General Assembly named therein fails to
5file a certificate evidencing completion of the ethics and
6campaign finance training with the appropriate officer by the
7end of the period for the filing of nomination papers, if
8required to do so by the State Officials and Employees Ethics
9Act.
10(Source: P.A. 84-551.)
 
11    (10 ILCS 5/10-11)  (from Ch. 46, par. 10-11)
12    Sec. 10-11. Any vacancy in the nomination of a new
13political party candidate occurring prior to the date of
14certification of candidates for the ballot by the certifying
15board or officer must be filled prior to the date of
16certification. The resolution to fill such vacancy shall be
17sent by U.S. mail or personal delivery to the certifying
18officer or board within 3 days of the action by which the
19vacancy was filled; provided, if such resolution is sent by
20mail and the U.S. postmark on the envelope containing such
21resolution is dated prior to the expiration of such 3 day
22limit, the notice or resolution shall be deemed filed within
23such 3 day limit. Failure to so transmit the notice or
24resolution within the time specified in this Section shall
25authorize the certifying officer or board to certify the

 

 

HB3184- 46 -LRB097 06424 JDS 46506 b

1original candidate. Vacancies shall be filled by the new
2political party officers.
3    Any vacancy in nomination occurring after certification
4but prior to 15 days before a regular election shall be filled
5by the new political party officers within 8 days after the
6event creating the vacancy in the manner heretofore prescribed.
7    The resolution to fill a vacancy in nomination shall be
8duly acknowledged before an officer qualified to take
9acknowledgements of deeds and shall include, upon its face, the
10following information:
11    (a) the name of the original nominee and the office
12vacated;
13    (b) the date on which the vacancy occurred;
14    (c) the name and address of the nominee selected to fill
15the vacancy and the date of selection.
16    The resolution to fill a vacancy in nomination shall be
17accompanied by a Statement of Candidacy, as prescribed in
18Section 10-5, completed by the selected nominee and a receipt
19indicating that such nominee has filed a statement of economic
20interests as required by the Illinois Governmental Ethics Act
21and a certificate of ethics and campaign finance training if
22required to so by the State Officials and Employees Ethics Act.
23    The provisions of Sections 10-8 through 10-10.1 relating to
24objections to certificates of nomination and nomination
25papers, hearings on objections, and judicial review, shall
26apply to and govern objections to resolutions for filling a

 

 

HB3184- 47 -LRB097 06424 JDS 46506 b

1vacancy in nomination.
2    Any vacancy in nomination occurring 15 days or less before
3a regular election shall not be filled. In this event the
4certification of the original candidate shall stand and his
5name shall appear on the official ballot to be voted at the
6election.
7    A vacancy in nomination occurs when a candidate who has
8been nominated under the provisions of Section 10-2 dies before
9the election, or declines the nomination; provided that
10nomination may become vacant for other reasons.
11    However, the provisions of this Section shall not apply to
12any vacancy in nomination for a municipal office for which the
13Municipal Code, as now or hereafter amended, provides a
14different method for filling such vacancy, and the applicable
15provision of the Municipal Code shall govern in such cases.
16    Any vacancy in a nomination by caucus of an established
17political party for a township or municipal office shall be
18filled in accordance with Section 7-61 of this Code.
19    For purposes of this Section, the words "certify" and
20"certification" shall refer to the act of officially declaring
21the names of candidates entitled to be printed upon the
22official ballot at an election and directing election
23authorities to place the names of such candidates upon the
24official ballot. "Certifying officers or board" shall refer to
25the local election official, election authority or the State
26Board of Elections, as the case may be, with whom nomination

 

 

HB3184- 48 -LRB097 06424 JDS 46506 b

1papers, certificates of nomination papers and resolutions to
2fill vacancies in nomination are filed and whose duty it is to
3"certify" candidates.
4(Source: P.A. 84-757.)
 
5    (10 ILCS 5/22-1)   (from Ch. 46, par. 22-1)
6    Sec. 22-1. Abstracts of votes. Within 21 days after the
7close of the election at which candidates for offices
8hereinafter named in this Section are voted upon, the election
9authorities of the respective counties shall open the returns
10and make abstracts of the votes on a separate sheet for each of
11the following:
12        A. For Governor and Lieutenant Governor;
13        B. For State officers;
14        C. For presidential electors;
15        D. For United States Senators and Representatives to
16    Congress;
17        E. For judges of the Supreme Court;
18        F. For judges of the Appellate Court;
19        G. For judges of the circuit court;
20        H. For Senators and Representatives to the General
21    Assembly;
22        I. For State's Attorneys elected from 2 or more
23    counties;
24        J. For amendments to the Constitution, and for other
25    propositions submitted to the electors of the entire State;

 

 

HB3184- 49 -LRB097 06424 JDS 46506 b

1        K. For county officers and for propositions submitted
2    to the electors of the county only;
3        L. For Regional Superintendent of Schools;
4        M. For trustees of Sanitary Districts; and
5        N. For Trustee of a Regional Board of School Trustees.
6    Each sheet shall report the returns by precinct or ward.
7    Multiple originals of each of the sheets shall be prepared
8and one of each shall be turned over to the chairman of the
9county central committee of each of the then existing
10established political parties, as defined in Section 10-2, or
11his duly authorized representative immediately after the
12completion of the entries on the sheets and before the totals
13have been compiled.
14    The foregoing abstracts shall be preserved by the election
15authority in its office.
16    Whenever any county clerk is unable to canvass the vote,
17the deputy county clerk or a designee of the county clerk shall
18serve in his or her place.
19    The powers and duties of the election authority canvassing
20the votes are limited to those specified in this Section.
21    No person who is shown by the election authority's
22proclamation to have been elected at the consolidated election
23or general election as a write-in candidate shall take office
24unless that person has first filed with the certifying office
25or board a statement of candidacy pursuant to Section 7-10 or
26Section 10-5, a statement pursuant to Section 7-10.1, a

 

 

HB3184- 50 -LRB097 06424 JDS 46506 b

1certificate of ethics and campaign finance training if required
2to do so by the State Officials and Employees Ethics Act, and a
3receipt for filing a statement of economic interests in
4relation to the unit of government to which he or she has been
5elected. For officers elected at the consolidated election, the
6certifying officer shall notify the election authority of the
7receipt of those documents, and the county clerk shall issue
8the certification of election under the provisions of Section
922-18.
10(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06;
1195-331, eff. 8-21-07.)
 
12    (10 ILCS 5/22-7)   (from Ch. 46, par. 22-7)
13    Sec. 22-7. Canvass of votes; declaration and proclamation
14of result. The State Board of Elections, shall proceed within
1531 days after the election, and sooner if all the returns are
16received, to canvass the votes given for United States Senators
17and Representatives to Congress, State executive officers,
18judges of the Supreme Court, judges of the Appellate Court,
19judges of the Circuit Court, Senators, Representatives to the
20General Assembly, State's Attorneys and Regional
21Superintendents of Schools elected from 2 or more counties,
22respectively, and the persons having the highest number of
23votes for the respective offices shall be declared duly
24elected, but if it appears that more than the number of persons
25to be elected have the highest and an equal number of votes for

 

 

HB3184- 51 -LRB097 06424 JDS 46506 b

1the same office, the electoral board shall decide by lot which
2of such persons shall be elected; and to each person duly
3elected, the Governor shall give a certificate of election or
4commission, as the case may require, and shall cause
5proclamation to be made of the result of the canvass, and they
6shall at the same time and in the same manner, canvass the vote
7cast upon amendments to the Constitution, and upon other
8propositions submitted to the electors of the entire State; and
9the Governor shall cause to be made such proclamation of the
10result of the canvass as the statutes elsewhere provide. The
11State Board of Elections shall transmit to the State
12Comptroller a list of the persons elected to the various
13offices. The State Board of Elections shall also transmit to
14the Supreme Court the names of persons elected to judgeships in
15adversary elections and the names of judges who fail to win
16retention in office.
17    No person who is shown by the canvassing board's
18proclamation to have been elected at the consolidated election
19or general election as a write-in candidate shall take office
20unless that person has first filed with the certifying office
21or board a statement of candidacy pursuant to Section 7-10 or
22Section 10-5, a statement pursuant to Section 7-10.1, a
23certificate of ethics and campaign finance training if required
24to do so by the State Officials and Employees Ethics Act, and a
25receipt for filing a statement of economic interests in
26relation to the unit of government to which he or she has been

 

 

HB3184- 52 -LRB097 06424 JDS 46506 b

1elected. For officers elected at the consolidated election, the
2certifying officer shall notify the election authority of the
3receipt of those documents, and the county clerk shall issue
4the certification of election under the provisions of Section
522-18.
6(Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
 
7    (10 ILCS 5/22-17)   (from Ch. 46, par. 22-17)
8    Sec. 22-17. (a) Except as provided in subsection (b), the
9canvass of votes cast at the consolidated election shall be
10conducted by the election authority within 21 days after the
11close of such elections.
12    (b) The board of election commissioners as provided in
13Section 22-8 shall canvass the votes cast at the consolidated
14election for offices of any political subdivision entirely
15within the jurisdiction of a municipal board of election
16commissioners.
17    (c) The canvass of votes cast upon any public questions
18submitted to the voters of any political subdivision, or any
19precinct or combination of precincts within a political
20subdivision, at any regular election or at any emergency
21referendum election, including votes cast by voters outside of
22the political subdivision where the question is for annexation
23thereto, shall be canvassed by the same election authority as
24for the canvass of votes of the officers of such political
25subdivision. However, referenda conducted throughout a county

 

 

HB3184- 53 -LRB097 06424 JDS 46506 b

1and referenda of sanitary districts whose officers are elected
2at general elections shall be canvassed by the county clerk.
3The votes cast on a public question for the formation of a
4political subdivision shall be canvassed by the relevant
5election authority and filed with the circuit court that
6ordered the question submitted.
7    (c-5) No person who is shown by the election authority's
8proclamation to have been elected at the consolidated election
9or general election as a write-in candidate shall take office
10unless that person has first filed with the certifying office
11or board a statement of candidacy pursuant to Section 7-10 or
12Section 10-5, a statement pursuant to Section 7-10.1, a
13certificate of ethics and campaign finance training if required
14to do so by the State Officials and Employees Ethics Act, and a
15receipt for filing a statement of economic interests in
16relation to the unit of government to which he or she has been
17elected. For officers elected at the consolidated election, the
18certifying officer shall notify the election authority of the
19receipt of those documents, and the county clerk shall issue
20the certification of election under the provisions of Section
2122-18.
22    (d) The canvass of votes for offices of political
23subdivisions cast at special elections to fill vacancies held
24on the day of any regular election shall be conducted by the
25election authority which is responsible for canvassing the
26votes at the regularly scheduled election for such office.

 

 

HB3184- 54 -LRB097 06424 JDS 46506 b

1    (e) Abstracts of votes prepared pursuant to canvasses under
2this Section shall report returns by precinct or ward.
3(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06;
495-331, eff. 8-21-07.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.