98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3568

 

Introduced 2/14/2014, by Sen. Daniel Biss

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-2  from Ch. 46, par. 7-2
10 ILCS 5/10-2  from Ch. 46, par. 10-2

    Amends the Election Code. Provides that the classification as established political parties applies to the State and any congressional district, county, township, sanitary district, and judicial office. Effective immediately.


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A BILL FOR

 

SB3568LRB098 17891 MGM 53015 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
5Sections 7-2 and 10-2 as follows:
 
6    (10 ILCS 5/7-2)  (from Ch. 46, par. 7-2)
7    Sec. 7-2. A political party, which at the general election
8for State and county officers then next preceding a primary,
9polled more than 5% 5 per cent of the entire vote cast in the
10State, is hereby declared to be a political party within the
11State, and shall nominate all State, congressional, county,
12township, sanitary district, and judicial candidates provided
13for in this Article 7 under the provisions hereof, and shall
14elect precinct, township, ward and State central committeemen
15as herein provided.
16    A political party, which at the general election for State
17and county officers then next preceding a primary, cast more
18than 5 per cent of the entire vote cast within any
19congressional district, is hereby declared to be a political
20party within the meaning of this Article, within such
21congressional district, and shall nominate its candidate for
22Representative in Congress, under the provisions hereof. A
23political party, which at the general election for State and

 

 

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1county officers then next preceding a primary, cast more than 5
2per cent of the entire vote cast in any county, is hereby
3declared to be a political party within the meaning of this
4Article, within said county, and shall nominate all county
5officers in said county under the provisions hereof, and shall
6elect precinct, township, and ward committeemen, as herein
7provided;
8    A political party, which at the municipal election for
9city, village or incorporated town officers then next preceding
10a primary, cast more than 5 per cent of the entire vote cast in
11any city or village, or incorporated town is hereby declared to
12be a political party within the meaning of this Article, within
13said city, village or incorporated town, and shall nominate all
14city, village or incorporated town officers in said city or
15village or incorporated town under the provisions hereof to the
16extent and in the cases provided in Section 7-1.
17    A political party, which at the municipal election for town
18officers then next preceding a primary, cast more than 5 per
19cent of the entire vote cast in said town, is hereby declared
20to be a political party within the meaning of this Article,
21within said town, and shall nominate all town officers in said
22town under the provisions hereof to the extent and in the cases
23provided in Section 7-1.
24    A political party, which at the municipal election in any
25other municipality or political subdivision, (except townships
26and school districts), for municipal or other officers therein

 

 

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1then next preceding a primary, cast more than 5 per cent of the
2entire vote cast in such municipality or political subdivision,
3is hereby declared to be a political party within the meaning
4of this Article, within said municipality or political
5subdivision, and shall nominate all municipal or other officers
6therein under the provisions hereof to the extent and in the
7cases provided in Section 7-1.
8    Provided, that no political organization or group shall be
9qualified as a political party hereunder, or given a place on a
10ballot, which organization or group is associated, directly or
11indirectly, with Communist, Fascist, Nazi or other un-American
12principles and engages in activities or propaganda designed to
13teach subservience to the political principles and ideals of
14foreign nations or the overthrow by violence of the established
15constitutional form of government of the United States and the
16State of Illinois.
17(Source: Laws 1943, vol. 2, p. 1.)
 
18    (10 ILCS 5/10-2)  (from Ch. 46, par. 10-2)
19    Sec. 10-2. The term "political party", as hereinafter used
20in this Article 10, shall mean any "established political
21party", as hereinafter defined and shall also mean any
22political group which shall hereafter undertake to form an
23established political party in the manner provided for in this
24Article 10: Provided, that no political organization or group
25shall be qualified as a political party hereunder, or given a

 

 

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1place on a ballot, which organization or group is associated,
2directly or indirectly, with Communist, Fascist, Nazi or other
3un-American principles and engages in activities or propaganda
4designed to teach subservience to the political principles and
5ideals of foreign nations or the overthrow by violence of the
6established constitutional form of government of the United
7States and the State of Illinois.
8    A political party which, at the last general election for
9State and county officers, polled for its candidate for
10Governor more than 5% of the entire vote cast for Governor, is
11hereby declared to be an "established political party" as to
12the State and any congressional district, county, township,
13sanitary district, and judicial office as to any district or
14political subdivision thereof.
15    A political party which, at the last election in any
16congressional district, legislative district, county,
17township, municipality or other political subdivision or
18district in the State, polled more than 5% of the entire vote
19cast within such territorial area or political subdivision, as
20the case may be, has voted as a unit for the election of
21officers to serve the respective territorial area of such
22district or political subdivision, is hereby declared to be an
23"established political party" within the meaning of this
24Article as to such district or political subdivision.
25    Any group of persons hereafter desiring to form a new
26political party throughout the State, or in any congressional,

 

 

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1legislative or judicial district, or in any other district or
2in any political subdivision (other than a municipality) not
3entirely within a single county, shall file with the State
4Board of Elections a petition, as hereinafter provided; and any
5such group of persons hereafter desiring to form a new
6political party within any county shall file such petition with
7the county clerk; and any such group of persons hereafter
8desiring to form a new political party within any municipality
9or township or within any district of a unit of local
10government other than a county shall file such petition with
11the local election official or Board of Election Commissioners
12of such municipality, township or other unit of local
13government, as the case may be. Any such petition for the
14formation of a new political party throughout the State, or in
15any such district or political subdivision, as the case may be,
16shall declare as concisely as may be the intention of the
17signers thereof to form such new political party in the State,
18or in such district or political subdivision; shall state in
19not more than 5 words the name of such new political party;
20shall at the time of filing contain a complete list of
21candidates of such party for all offices to be filled in the
22State, or such district or political subdivision as the case
23may be, at the next ensuing election then to be held; and, if
24such new political party shall be formed for the entire State,
25shall be signed by 1% of the number of voters who voted at the
26next preceding Statewide general election or 25,000 qualified

 

 

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1voters, whichever is less. If such new political party shall be
2formed for any district or political subdivision less than the
3entire State, such petition shall be signed by qualified voters
4equaling in number not less than 5% of the number of voters who
5voted at the next preceding regular election in such district
6or political subdivision in which such district or political
7subdivision voted as a unit for the election of officers to
8serve its respective territorial area. However, whenever the
9minimum signature requirement for a district or political
10subdivision new political party petition shall exceed the
11minimum number of signatures for State-wide new political party
12petitions at the next preceding State-wide general election,
13such State-wide petition signature requirement shall be the
14minimum for such district or political subdivision new
15political party petition.
16    For the first election following a redistricting of
17congressional districts, a petition to form a new political
18party in a congressional district shall be signed by at least
195,000 qualified voters of the congressional district. For the
20first election following a redistricting of legislative
21districts, a petition to form a new political party in a
22legislative district shall be signed by at least 3,000
23qualified voters of the legislative district. For the first
24election following a redistricting of representative
25districts, a petition to form a new political party in a
26representative district shall be signed by at least 1,500

 

 

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1qualified voters of the representative district.
2    For the first election following redistricting of county
3board districts, or of municipal wards or districts, or for the
4first election following the initial establishment of such
5districts or wards in a county or municipality, a petition to
6form a new political party in a county board district or in a
7municipal ward or district shall be signed by qualified voters
8of the district or ward equal to not less than 5% of the total
9number of votes cast at the preceding general or municipal
10election, as the case may be, for the county or municipal
11office voted on throughout the county or municipality for which
12the greatest total number of votes were cast for all
13candidates, divided by the number of districts or wards, but in
14any event not less than 25 qualified voters of the district or
15ward.
16    In the case of a petition to form a new political party
17within a political subdivision in which officers are to be
18elected from districts and at-large, such petition shall
19consist of separate components for each district from which an
20officer is to be elected. Each component shall be circulated
21only within a district of the political subdivision and signed
22only by qualified electors who are residents of such district.
23Each sheet of such petition must contain a complete list of the
24names of the candidates of the party for all offices to be
25filled in the political subdivision at large, but the sheets
26comprising each component shall also contain the names of those

 

 

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1candidates to be elected from the particular district. Each
2component of the petition for each district from which an
3officer is to be elected must be signed by qualified voters of
4the district equalling in number not less than 5% of the number
5of voters who voted at the next preceding regular election in
6such district at which an officer was elected to serve the
7district. The entire petition, including all components, must
8be signed by a total of qualified voters of the entire
9political subdivision equalling in number not less than 5% of
10the number of voters who voted at the next preceding regular
11election in such political subdivision at which an officer was
12elected to serve the political subdivision at large.
13    The filing of such petition shall constitute the political
14group a new political party, for the purpose only of placing
15upon the ballot at such next ensuing election such list or an
16adjusted list in accordance with Section 10-11, of party
17candidates for offices to be voted for throughout the State, or
18for offices to be voted for in such district or political
19subdivision less than the State, as the case may be, under the
20name of and as the candidates of such new political party.
21    If, at such ensuing election, the new political party's
22candidate for Governor shall receive more than 5% of the entire
23votes cast for Governor, then such new political party shall
24become an "established political party" as to the State and any
25congressional district, county, township, sanitary district,
26and judicial office as to every district or political

 

 

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1subdivision thereof. If, at such ensuing election, the other
2candidates of the new political party, or any other candidate
3or candidates of the new political party shall receive more
4than 5% of all the votes cast for the office or offices for
5which they were candidates at such election, in the State, or
6in any district or political subdivision, as the case may be,
7then and in that event, such new political party shall become
8an "established political party" within the State or within
9such district or political subdivision less than the State, as
10the case may be, in which such candidate or candidates received
11more than 5% of the votes cast for the office or offices for
12which they were candidates. It shall thereafter nominate its
13candidates for public offices to be filled in the State, or
14such district or political subdivision, as the case may be,
15under the provisions of the laws regulating the nomination of
16candidates of established political parties at primary
17elections and political party conventions, as now or hereafter
18in force.
19    A political party which continues to receive for its
20candidate for Governor more than 5% of the entire vote cast for
21Governor, shall remain an "established political party" as to
22the State and any congressional district, county, township,
23sanitary district, and judicial office as to every district or
24political subdivision thereof. But if the political party's
25candidate for Governor fails to receive more than 5% of the
26entire vote cast for Governor, or if the political party does

 

 

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1not nominate a candidate for Governor, the political party
2shall remain an "established political party" within the State
3or within such district or political subdivision less than the
4State, as the case may be, only so long as, and only in those
5districts or political subdivisions in which, the candidates of
6that political party, or any candidate or candidates of that
7political party, continue to receive more than 5% of all the
8votes cast for the office or offices for which they were
9candidates at succeeding general or consolidated elections
10within the State or within any district or political
11subdivision, as the case may be.
12    Any such petition shall be filed at the same time and shall
13be subject to the same requirements and to the same provisions
14in respect to objections thereto and to any hearing or hearings
15upon such objections that are hereinafter in this Article 10
16contained in regard to the nomination of any other candidate or
17candidates by petition. If any such new political party shall
18become an "established political party" in the manner herein
19provided, the candidate or candidates of such new political
20party nominated by the petition hereinabove referred to for
21such initial election, shall have power to select any such
22party committeeman or committeemen as shall be necessary for
23the creation of a provisional party organization and
24provisional managing committee or committees for such party
25within the State, or in any district or political subdivision
26in which the new political party has become established; and

 

 

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1the party committeeman or committeemen so selected shall
2constitute a provisional party organization for the new
3political party and shall have and exercise the powers
4conferred by law upon any party committeeman or committeemen to
5manage and control the affairs of such new political party
6until the next ensuing primary election at which the new
7political party shall be entitled to nominate and elect any
8party committeeman or committeemen in the State, or in such
9district or political subdivision under any parts of this Act
10relating to the organization of political parties.
11    A candidate for whom a nomination paper has been filed as a
12partisan candidate at a primary election, and who is defeated
13for his or her nomination at the primary election, is
14ineligible for nomination as a candidate of a new political
15party for election in that general election.
16(Source: P.A. 86-875.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.