HB3817 EnrolledLRB098 15373 MGM 50402 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
510-6 as follows:
 
6    (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
7    Sec. 10-6. Time and manner of filing. Certificates of
8nomination and nomination papers for the nomination of
9candidates for offices to be filled by electors of the entire
10State, or any district not entirely within a county, or for
11congressional, state legislative or judicial offices, shall be
12presented to the principal office of the State Board of
13Elections not more than 141 nor less than 134 days previous to
14the day of election for which the candidates are nominated. The
15State Board of Elections shall endorse the certificates of
16nomination or nomination papers, as the case may be, and the
17date and hour of presentment to it. Except as otherwise
18provided in this section, all other certificates for the
19nomination of candidates shall be filed with the county clerk
20of the respective counties not more than 141 but at least 134
21days previous to the day of such election. Certificates of
22nomination and nomination papers for the nomination of
23candidates for school district offices to be filled at

 

 

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1consolidated elections shall be filed with the county clerk or
2county board of election commissioners of the county election
3authority in which the principal office of the school district
4is located not more than 113 nor less than 106 days before the
5consolidated election. Certificates of nomination and
6nomination papers for the nomination of candidates for the
7other offices of political subdivisions to be filled at regular
8elections other than the general election shall be filed with
9the local election official of such subdivision:
10        (1) (Blank);
11        (2) not more than 113 nor less than 106 days prior to
12    the consolidated election; or
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
16        (4) not more than 99 nor less than 92 days before the
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
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
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.
3    However, where a political subdivision's boundaries are
4co-extensive with or are entirely within the jurisdiction of a
5municipal board of election commissioners, the certificates of
6nomination and nomination papers for candidates for such
7political subdivision offices shall be filed in the office of
8such Board.
9(Source: P.A. 98-691, eff. 7-1-14.)
 
10    Section 10. The School Code is amended by changing Section
119-10 as follows:
 
12    (105 ILCS 5/9-10)  (from Ch. 122, par. 9-10)
13    Sec. 9-10. Candidates for office - Nominating petitions.
14Candidates for the office of school director shall be nominated
15by petition signed by at least 25 voters or 5% of the voters,
16whichever is less, residing within the district and filed with
17the county clerk or the county board of election commissioners,
18as the case may be, of the county in which the principal office
19of the school district is located.
20    Nominations for members of boards of education, including
21non-high school boards of education shall be made by a petition
22signed by at least 50 voters or 10% of the voters, whichever is
23less, residing within the district and shall be filed with the
24county clerk or the county board of election commissioners, as

 

 

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1the case may be, of the county in which the principal office of
2the school district is located. In addition to the requirements
3of the general election law, the form of such petitions shall
4be substantially as follows:
5
NOMINATING PETITIONS
6
(LEAVE OUT THE INAPPLICABLE PART.)
7    To the (County Clerk or County Board of Election
8Commissioners) .... of .... County:
9    We the undersigned, being (.... or more) (or 10% or more)
10(or 5% or more) of the voters residing within said district,
11hereby petition that .... who resides at .... in the (city or
12village) of .... in Township .... (or who resides outside any
13city, village or incorporated town and in Township ....) in
14said district shall be a candidate for the office of .... of
15the board of education (or board of directors) (full term)
16(vacancy) to be voted for at the election to be held on (insert
17date).
18    Name: .................. Address: ...................
 
19    In the designation of the name of a candidate on a petition
20for nomination, the candidate's given name or names, initial or
21initials, a nickname by which the candidate is commonly known,
22or a combination thereof may be used in addition to the
23candidate's surname. If a candidate has changed his or her
24name, whether by a statutory or common law procedure in
25Illinois or any other jurisdiction, within 3 years before the

 

 

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1last day for filing the petition, then (i) the candidate's name
2on the petition must be followed by "formerly known as (list
3all prior names during the 3-year period) until name changed on
4(list date of each such name change)" and (ii) the petition
5must be accompanied by the candidate's affidavit stating the
6candidate's previous names during the period specified in
7clause (i) and the date or dates each of those names was
8changed; failure to meet these requirements shall be grounds
9for denying certification of the candidate's name for the
10ballot, but these requirements do not apply to name changes
11resulting from adoption to assume an adoptive parent's or
12parents' surname, marriage to assume a spouse's surname, or
13dissolution of marriage or declaration of invalidity of
14marriage to assume a former surname. No other designation, such
15as a political slogan, as defined by Section 7-17 of the
16Election Code, title or degree, or nickname suggesting or
17implying possession of a title, degree or professional status,
18or similar information may be used in connection with the
19candidate's surname.
20    Nomination papers filed under this Section are not valid
21unless the candidate named therein files with the county clerk
22or the county board of election commissioners, as the case may
23be, of the county in which the principal office of the school
24district is located a receipt from the county clerk showing
25that the candidate has filed a statement of economic interests
26as required by the Illinois Governmental Ethics Act. Such

 

 

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1receipt shall be so filed either previously during the calendar
2year in which his nomination papers were filed or within the
3period for the filing of nomination papers in accordance with
4the general election law.
5    All petitions for the nomination of members of a board of
6education shall be filed with the county clerk or the county
7board of election commissioners, as the case may be, of the
8county in which the principal office of the school district is
9located within the time provided for by the general election
10law. The county clerk or the county board of election
11commissioners shall receive and file only those petitions which
12include a statement of candidacy, the required number of voter
13signatures, the notarized signature of the petition circulator
14and a receipt from the County Clerk showing that the candidate
15has filed a statement of economic interest on or before the
16last day to file as required by the Illinois Governmental
17Ethics Act. The county clerk or the county board of election
18commissioners may have petition forms available for issuance to
19potential candidates, and may give notice of the petition
20filing period by publication in a newspaper of general
21circulation within the school district not less than 10 days
22prior to the first day of filing. The county clerk or the
23county board of election commissioners shall make
24certification to the proper election authorities in accordance
25with the general election law.
26    The county clerk or the county board of election

 

 

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1commissioners, as the case may be, of the county in which the
2principal office of the school district is located shall notify
3the candidates for whom a petition for nomination is filed or
4the appropriate committee of the obligations under the Campaign
5Financing Act as provided in the general election law. Such
6notice shall be given on a form prescribed by the State Board
7of Elections and in accordance with the requirements of the
8general election law. The county clerk or county board of
9election commissioners shall within 7 days of filing or on the
10last day for filing, whichever is earlier, acknowledge to the
11petitioner in writing the office's acceptance of the petition.
12    A candidate for membership on the board of education or for
13office as a school director, who has petitioned for nomination
14to fill a full term and to fill a vacant term to be voted upon
15at the same election, must withdraw his or her petition for
16nomination from either the full term or the vacant term by
17written declaration.
18    In all newly organized districts the petition for the
19nomination of candidates for members of the board of education
20at the first election shall be addressed to and filed with the
21regional superintendent of schools in the manner herein
22specified for the petitions for members of a board of
23education. For such election the regional superintendent shall
24fulfill all duties otherwise assigned to the secretary of the
25board of education.
26(Source: P.A. 98-115, eff. 7-29-13.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.