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| | HB3817 Engrossed | | LRB098 15373 MGM 50402 b |
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1 | | AN ACT concerning elections.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Election Code is amended by changing Section |
5 | | 10-6 as follows:
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6 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
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7 | | Sec. 10-6. Time and manner of filing. Certificates
of
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8 | | nomination and nomination papers for the nomination of |
9 | | candidates for
offices to be filled by electors of the entire |
10 | | State, or any district
not entirely within a county, or for |
11 | | congressional, state legislative or
judicial offices, shall be |
12 | | presented to the principal office of the
State Board of |
13 | | Elections not more than 141 nor less than 134
days previous
to |
14 | | the day of election for which the candidates are nominated. The
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15 | | State Board of Elections shall endorse the certificates of |
16 | | nomination or
nomination papers, as the case may be, and the |
17 | | date and hour of
presentment to it. Except as otherwise |
18 | | provided in this section, all
other certificates for the |
19 | | nomination of candidates shall be filed with
the county clerk |
20 | | of the respective counties not more than 141 but at
least 134 |
21 | | days previous to the day of such election. Certificates of |
22 | | nomination and nomination papers for the nomination of |
23 | | candidates for school district offices to be filled at |
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1 | | consolidated elections shall be filed with the county clerk or |
2 | | county board of election commissioners of the county election |
3 | | authority in which the principal office of the school district |
4 | | is located not more than 113 nor less than 106 days before the |
5 | | consolidated election. Certificates
of
nomination and |
6 | | nomination papers for the nomination of candidates for
the |
7 | | other offices of political subdivisions to be filled at regular |
8 | | elections
other than the general election shall be filed with |
9 | | the local election
official of such subdivision:
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10 | | (1) (Blank);
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11 | | (2) not more than 113 nor less than 106 days prior to |
12 | | the
consolidated
election; or
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13 | | (3) not more than 113 nor less than 106 days prior to |
14 | | the general
primary in the case of municipal offices to be |
15 | | filled at the general
primary election; or
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16 | | (4) not more than 99 nor less than 92 days before the
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17 | | consolidated
primary in the case of municipal offices to be |
18 | | elected on a nonpartisan
basis pursuant to law (including |
19 | | without limitation, those municipal
offices subject to |
20 | | Articles 4 and 5 of the Municipal Code); or
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21 | | (5) not more than 113 nor less than 106 days before the |
22 | | municipal
primary in even numbered years for such |
23 | | nonpartisan municipal offices
where annual elections are |
24 | | provided; or
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25 | | (6) in the case of petitions for the office of |
26 | | multi-township assessor,
such petitions shall be filed |
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1 | | with the election authority not more than
113 nor less than |
2 | | 106 days before the consolidated election.
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3 | | However, where a political subdivision's boundaries are |
4 | | co-extensive
with or are entirely within the jurisdiction of a |
5 | | municipal board of
election commissioners, the certificates of |
6 | | nomination and nomination
papers for candidates for such |
7 | | political subdivision offices shall be filed
in the office of |
8 | | such Board.
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9 | | (Source: P.A. 98-691, eff. 7-1-14.)
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10 | | Section 10. The School Code is amended by changing Section |
11 | | 9-10 as follows:
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12 | | (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
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13 | | Sec. 9-10. Candidates for office - Nominating petitions. |
14 | | Candidates for
the office of school director shall be nominated |
15 | | by petition signed by at
least 25 voters or 5% of the voters, |
16 | | whichever is less, residing within
the district and filed with |
17 | | the county clerk or the county board of election commissioners, |
18 | | as the case may be, of the county in which the principal office |
19 | | of the school district is located.
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20 | | Nominations for members of boards of education, including |
21 | | non-high school
boards of education shall be made by a petition |
22 | | signed by at least 50 voters
or 10% of the voters, whichever is |
23 | | less, residing within the district and
shall be filed with the |
24 | | county clerk or the county board of election commissioners, as |
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1 | | the case may be, of the county in which the principal office of |
2 | | the school district is located. In addition
to the requirements |
3 | | of the general election law, the form of such petitions
shall |
4 | | be substantially as follows:
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5 | | NOMINATING PETITIONS
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6 | | (LEAVE OUT THE INAPPLICABLE PART.)
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7 | | To the (County Clerk or County Board of Election |
8 | | Commissioners) .... of .... County:
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9 | | We the undersigned, being (.... or more) (or 10% or more) |
10 | | (or 5% or more)
of the voters residing within said district, |
11 | | hereby petition that .... who
resides at .... in the (city or |
12 | | village) of .... in Township .... (or who
resides outside any |
13 | | city, village or incorporated town and in Township ....) in
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14 | | said district shall be a candidate for the office of .... of |
15 | | the board of
education (or board of directors) (full term) |
16 | | (vacancy) to be voted for at the
election to be held on (insert |
17 | | date).
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18 | | Name: .................. Address: ...................
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19 | | In the designation of the name of a candidate on a petition |
20 | | for
nomination, the candidate's given name or names, initial or |
21 | | initials, a nickname by which the candidate is commonly known, |
22 | | or a combination thereof may be used in addition to the |
23 | | candidate's surname. If a candidate has changed his or her |
24 | | name, whether by a statutory or common law procedure in |
25 | | Illinois or any other jurisdiction, within 3 years before the |
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1 | | last day for filing the petition, then (i) the candidate's name |
2 | | on the petition must be followed by "formerly known as (list |
3 | | all prior names during the 3-year period) until name changed on |
4 | | (list date of each such name change)" and (ii) the petition |
5 | | must be accompanied by the candidate's affidavit stating the |
6 | | candidate's previous names during the period specified in |
7 | | clause (i) and the date or dates each of those names was |
8 | | changed; failure to meet these requirements shall be grounds |
9 | | for denying certification of the candidate's name for the |
10 | | ballot, but these requirements do not apply to name changes |
11 | | resulting from adoption to assume an adoptive parent's or |
12 | | parents' surname, marriage to assume a spouse's surname, or |
13 | | dissolution of marriage or declaration of invalidity of |
14 | | marriage to assume a former surname. No other designation, such |
15 | | as a political slogan, as defined by Section 7-17 of the |
16 | | Election Code, title or degree, or nickname suggesting or |
17 | | implying possession of a title, degree or professional status, |
18 | | or similar information may be used in connection with the |
19 | | candidate's surname.
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20 | | Nomination papers filed under this Section are not valid |
21 | | unless the candidate
named therein files with the county clerk |
22 | | or the county board of election commissioners, as the case may |
23 | | be, of the county in which the principal office of the school |
24 | | district is located a receipt
from the county clerk showing |
25 | | that the candidate has filed a statement of
economic interests |
26 | | as required by the Illinois Governmental Ethics Act.
Such |
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1 | | receipt shall be so filed either previously during the calendar |
2 | | year
in which his nomination papers were filed or within the |
3 | | period for the filing
of nomination papers in accordance with |
4 | | the general election law.
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5 | | All petitions for the nomination of members of a board of |
6 | | education shall
be filed with the county clerk or the county |
7 | | board of election commissioners, as the case may be, of the |
8 | | county in which the principal office of the school district is |
9 | | located within the time provided for
by the general election |
10 | | law. The county clerk or the county board of election |
11 | | commissioners shall receive and file only
those petitions which |
12 | | include a statement of candidacy, the required number
of voter |
13 | | signatures, the notarized signature of the petition circulator
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14 | | and a receipt from the County Clerk showing that the candidate |
15 | | has filed
a statement of economic interest on or before the |
16 | | last day to file as required
by the Illinois Governmental |
17 | | Ethics Act. The county clerk or the county board of election |
18 | | commissioners may have petition
forms available
for issuance to |
19 | | potential candidates, and may give notice of the petition
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20 | | filing period by publication in a newspaper of general |
21 | | circulation within
the school district not less than 10 days |
22 | | prior to the first day of filing.
The county clerk or the |
23 | | county board of election commissioners shall make |
24 | | certification to the proper election authorities
in accordance |
25 | | with the general election law.
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26 | | The county clerk or the county board of election |
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1 | | commissioners, as the case may be, of the county in which the |
2 | | principal office of the school district is located shall notify |
3 | | the candidates
for whom a petition for nomination is filed or |
4 | | the appropriate committee
of the obligations under the Campaign |
5 | | Financing Act as provided in the general
election law. Such |
6 | | notice
shall be given on a form prescribed by the State Board |
7 | | of Elections and
in accordance with the requirements of the |
8 | | general election law. The county clerk or county board of |
9 | | election commissioners
shall within 7 days of filing or on the |
10 | | last day for filing, whichever is
earlier, acknowledge to the |
11 | | petitioner in writing the office's acceptance of the
petition.
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12 | | A candidate for membership on the board of education or for |
13 | | office as a
school director, who has petitioned for nomination |
14 | | to fill a full term and
to fill a vacant term to be voted upon |
15 | | at the same election, must withdraw
his or her petition for |
16 | | nomination from either the full term or the vacant
term by |
17 | | written declaration.
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18 | | In all newly organized districts the petition for the |
19 | | nomination of
candidates
for members of the board of education |
20 | | at the first election shall be addressed
to and filed with the |
21 | | regional superintendent of schools in the manner herein
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22 | | specified for the petitions for
members of a board of |
23 | | education. For such election the regional superintendent
shall |
24 | | fulfill all duties otherwise assigned to the secretary of the |
25 | | board
of education.
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26 | | (Source: P.A. 98-115, eff. 7-29-13.)
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