Illinois General Assembly - Full Text of HB0057
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Full Text of HB0057  102nd General Assembly

HB0057 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0057

 

Introduced 1/14/2021, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-10.2  from Ch. 46, par. 7-10.2
10 ILCS 5/7-17  from Ch. 46, par. 7-17
10 ILCS 5/8-8.1  from Ch. 46, par. 8-8.1
10 ILCS 5/10-5.1  from Ch. 46, par. 10-5.1
10 ILCS 5/16-3  from Ch. 46, par. 16-3

    Amends the Election Code. Provides that the requirements to change a candidate's name do not apply to name changes resulting from a civil union to assume a spouse's surname or dissolution of a civil union or declaration of invalidity of a civil union to assume a former surname or a name change that conforms the candidate's name to his or her gender identity. Makes conforming changes throughout the Code. Effective immediately.


LRB102 02669 SMS 12672 b

 

 

A BILL FOR

 

HB0057LRB102 02669 SMS 12672 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 7-10.2, 7-17, 8-8.1, 10-5.1, and 16-3 as follows:
 
6    (10 ILCS 5/7-10.2)  (from Ch. 46, par. 7-10.2)
7    Sec. 7-10.2. In the designation of the name of a candidate
8on a petition for nomination or certificate of nomination the
9candidate's given name or names, initial or initials, a
10nickname by which the candidate is commonly known, or a
11combination thereof, may be used in addition to the
12candidate's surname. If a candidate has changed his or her
13name, whether by a statutory or common law procedure in
14Illinois or any other jurisdiction, within 3 years before the
15last day for filing the petition or certificate for that
16office, whichever is applicable, then (i) the candidate's name
17on the petition or certificate must be followed by "formerly
18known as (list all prior names during the 3-year period) until
19name changed on (list date of each such name change)" and (ii)
20the petition or certificate must be accompanied by the
21candidate's affidavit stating the candidate's previous names
22during the period specified in (i) and the date or dates each
23of those names was changed; failure to meet these requirements

 

 

HB0057- 2 -LRB102 02669 SMS 12672 b

1shall be grounds for denying certification of the candidate's
2name for the ballot or removing the candidate's name from the
3ballot, as appropriate, but these requirements do not apply to
4name changes resulting from adoption to assume an adoptive
5parent's or parents' surname, marriage or civil union to
6assume a spouse's surname, or dissolution of marriage or civil
7union or declaration of invalidity of marriage or civil union
8to assume a former surname or a name change that conforms the
9candidate's name to his or her gender identity. No other
10designation such as a political slogan, as defined by Section
117-17, title or degree, or nickname suggesting or implying
12possession of a title, degree or professional status, or
13similar information may be used in connection with the
14candidate's surname.
15(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
 
16    (10 ILCS 5/7-17)  (from Ch. 46, par. 7-17)
17    Sec. 7-17. Candidate ballot name procedures.
18    (a) Each election authority in each county shall cause to
19be printed upon the general primary ballot of each party for
20each precinct in his jurisdiction the name of each candidate
21whose petition for nomination or for committeeperson has been
22filed in the office of the county clerk, as herein provided;
23and also the name of each candidate whose name has been
24certified to his office by the State Board of Elections, and in
25the order so certified, except as hereinafter provided.

 

 

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1    It shall be the duty of the election authority to cause to
2be printed upon the consolidated primary ballot of each
3political party for each precinct in his jurisdiction the name
4of each candidate whose name has been certified to him, as
5herein provided and which is to be voted for in such precinct.
6    (b) In the designation of the name of a candidate on the
7primary ballot the candidate's given name or names, initial or
8initials, a nickname by which the candidate is commonly known,
9or a combination thereof, may be used in addition to the
10candidate's surname. If a candidate has changed his or her
11name, whether by a statutory or common law procedure in
12Illinois or any other jurisdiction, within 3 years before the
13last day for filing the petition for nomination, nomination
14papers, or certificate of nomination for that office,
15whichever is applicable, then (i) the candidate's name on the
16primary ballot must be followed by "formerly known as (list
17all prior names during the 3-year period) until name changed
18on (list date of each such name change)" and (ii) the petition,
19papers, or certificate must be accompanied by the candidate's
20affidavit stating the candidate's previous names during the
21period specified in (i) and the date or dates each of those
22names was changed; failure to meet these requirements shall be
23grounds for denying certification of the candidate's name for
24the ballot or removing the candidate's name from the ballot,
25as appropriate, but these requirements do not apply to name
26changes resulting from adoption to assume an adoptive parent's

 

 

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1or parents' surname, marriage or civil union to assume a
2spouse's surname, or dissolution of marriage or civil union or
3declaration of invalidity of marriage or civil union to assume
4a former surname or a name change that conforms the
5candidate's name to his or her gender identity. No other
6designation such as a political slogan, title, or degree, or
7nickname suggesting or implying possession of a title, degree
8or professional status, or similar information may be used in
9connection with the candidate's surname. For purposes of this
10Section, a "political slogan" is defined as any word or words
11expressing or connoting a position, opinion, or belief that
12the candidate may espouse, including but not limited to, any
13word or words conveying any meaning other than that of the
14personal identity of the candidate. A candidate may not use a
15political slogan as part of his or her name on the ballot,
16notwithstanding that the political slogan may be part of the
17candidate's name.
18    (c) The State Board of Elections, a local election
19official, or an election authority shall remove any
20candidate's name designation from a ballot that is
21inconsistent with subsection (b) of this Section. In addition,
22the State Board of Elections, a local election official, or an
23election authority shall not certify to any election authority
24any candidate name designation that is inconsistent with
25subsection (b) of this Section.
26    (d) If the State Board of Elections, a local election

 

 

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1official, or an election authority removes a candidate's name
2designation from a ballot under subsection (c) of this
3Section, then the aggrieved candidate may seek appropriate
4relief in circuit court.
5(Source: P.A. 100-1027, eff. 1-1-19.)
 
6    (10 ILCS 5/8-8.1)  (from Ch. 46, par. 8-8.1)
7    Sec. 8-8.1. In the designation of the name of a candidate
8on a petition for nomination, the candidate's given name or
9names, initial or initials, a nickname by which the candidate
10is commonly known, or a combination thereof, may be used in
11addition to the candidate's surname. If a candidate has
12changed his or her name, whether by a statutory or common law
13procedure in Illinois or any other jurisdiction, within 3
14years before the last day for filing the petition for that
15office, then (i) the candidate's name on the petition must be
16followed by "formerly known as (list all prior names during
17the 3-year period) until name changed on (list date of each
18such name change)" and (ii) the petition must be accompanied
19by the candidate's affidavit stating the candidate's previous
20names during the period specified in (i) and the date or dates
21each of those names was changed; failure to meet these
22requirements shall be grounds for denying certification of the
23candidate's name for the ballot or removing the candidate's
24name from the ballot, as appropriate, but these requirements
25do not apply to name changes resulting from adoption to assume

 

 

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1an adoptive parent's or parents' surname, marriage or civil
2union to assume a spouse's surname, or dissolution of marriage
3or civil union or declaration of invalidity of marriage or
4civil union to assume a former surname or a name change that
5conforms the candidate's name to his or her gender identity.
6No other designation such as a political slogan, title, or
7degree, or nickname suggesting or implying possession of a
8title, degree or professional status, or similar information
9may be used in connection with the candidate's surname.
10(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
 
11    (10 ILCS 5/10-5.1)  (from Ch. 46, par. 10-5.1)
12    Sec. 10-5.1. In the designation of the name of a candidate
13on a certificate of nomination or nomination papers the
14candidate's given name or names, initial or initials, a
15nickname by which the candidate is commonly known, or a
16combination thereof, may be used in addition to the
17candidate's surname. If a candidate has changed his or her
18name, whether by a statutory or common law procedure in
19Illinois or any other jurisdiction, within 3 years before the
20last day for filing the certificate of nomination or
21nomination papers for that office, whichever is applicable,
22then (i) the candidate's name on the certificate or papers
23must be followed by "formerly known as (list all prior names
24during the 3-year period) until name changed on (list date of
25each such name change)" and (ii) the certificate or paper must

 

 

HB0057- 7 -LRB102 02669 SMS 12672 b

1be accompanied by the candidate's affidavit stating the
2candidate's previous names during the period specified in (i)
3and the date or dates each of those names was changed; failure
4to meet these requirements shall be grounds for denying
5certification of the candidate's name for the ballot or
6removing the candidate's name from the ballot, as appropriate,
7but these requirements do not apply to name changes resulting
8from adoption to assume an adoptive parent's or parents'
9surname, marriage or civil union to assume a spouse's surname,
10or dissolution of marriage or civil union or declaration of
11invalidity of marriage or civil union to assume a former
12surname or a name change that conforms the candidate's name to
13his or her gender identity. No other designation such as a
14political slogan, title, or degree, or nickname suggesting or
15implying possession of a title, degree or professional status,
16or similar information may be used in connection with the
17candidate's surname.
18(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
 
19    (10 ILCS 5/16-3)  (from Ch. 46, par. 16-3)
20    Sec. 16-3. (a) The names of all candidates to be voted for
21in each election district or precinct shall be printed on one
22ballot, except as is provided in Sections 16-6.1 and 21-1.01
23of this Act and except as otherwise provided in this Act with
24respect to the odd year regular elections and the emergency
25referenda; all nominations of any political party being placed

 

 

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1under the party appellation or title of such party as
2designated in the certificates of nomination or petitions. The
3names of all independent candidates shall be printed upon the
4ballot in a column or columns under the heading "independent"
5arranged under the names or titles of the respective offices
6for which such independent candidates shall have been
7nominated and so far as practicable, the name or names of any
8independent candidate or candidates for any office shall be
9printed upon the ballot opposite the name or names of any
10candidate or candidates for the same office contained in any
11party column or columns upon said ballot. The ballot shall
12contain no other names, except that in cases of electors for
13President and Vice-President of the United States, the names
14of the candidates for President and Vice-President may be
15added to the party designation and words calculated to aid the
16voter in his choice of candidates may be added, such as "Vote
17for one," "Vote for not more than three." If no candidate or
18candidates file for an office and if no person or persons file
19a declaration as a write-in candidate for that office, then
20below the title of that office the election authority instead
21shall print "No Candidate". When an electronic voting system
22is used which utilizes a ballot label booklet, the candidates
23and questions shall appear on the pages of such booklet in the
24order provided by this Code; and, in any case where candidates
25for an office appear on a page which does not contain the name
26of any candidate for another office, and where less than 50% of

 

 

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1the page is utilized, the name of no candidate shall be printed
2on the lowest 25% of such page. On the back or outside of the
3ballot, so as to appear when folded, shall be printed the words
4"Official Ballot", followed by the designation of the polling
5place for which the ballot is prepared, the date of the
6election and a facsimile of the signature of the election
7authority who has caused the ballots to be printed. The
8ballots shall be of plain white paper, through which the
9printing or writing cannot be read. However, ballots for use
10at the nonpartisan and consolidated elections may be printed
11on different color paper, except blue paper, whenever
12necessary or desirable to facilitate distinguishing between
13ballots for different political subdivisions. In the case of
14nonpartisan elections for officers of a political subdivision,
15unless the statute or an ordinance adopted pursuant to Article
16VII of the Constitution providing the form of government
17therefor requires otherwise, the column listing such
18nonpartisan candidates shall be printed with no appellation or
19circle at its head. The party appellation or title, or the word
20"independent" at the head of any column provided for
21independent candidates, shall be printed in letters not less
22than one-fourth of an inch in height and a circle one-half inch
23in diameter shall be printed at the beginning of the line in
24which such appellation or title is printed, provided, however,
25that no such circle shall be printed at the head of any column
26or columns provided for such independent candidates. The names

 

 

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1of candidates shall be printed in letters not less than
2one-eighth nor more than one-fourth of an inch in height, and
3at the beginning of each line in which a name of a candidate is
4printed a square shall be printed, the sides of which shall be
5not less than one-fourth of an inch in length. However, the
6names of the candidates for Governor and Lieutenant Governor
7on the same ticket shall be printed within a bracket and a
8single square shall be printed in front of the bracket. The
9list of candidates of the several parties and any such list of
10independent candidates shall be placed in separate columns on
11the ballot in such order as the election authorities charged
12with the printing of the ballots shall decide; provided, that
13the names of the candidates of the several political parties,
14certified by the State Board of Elections to the several
15county clerks shall be printed by the county clerk of the
16proper county on the official ballot in the order certified by
17the State Board of Elections. Any county clerk refusing,
18neglecting or failing to print on the official ballot the
19names of candidates of the several political parties in the
20order certified by the State Board of Elections, and any
21county clerk who prints or causes to be printed upon the
22official ballot the name of a candidate, for an office to be
23filled by the Electors of the entire State, whose name has not
24been duly certified to him upon a certificate signed by the
25State Board of Elections shall be guilty of a Class C
26misdemeanor.

 

 

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1    (b) When an electronic voting system is used which
2utilizes a ballot card, on the inside flap of each ballot card
3envelope there shall be printed a form for write-in voting
4which shall be substantially as follows:
5
WRITE-IN VOTES
6    (See card of instructions for specific information.
7Duplicate form below by hand for additional write-in votes.)  
8     _____________________________  
9     Title of Office
10(   )  ____________________________  
11     Name of Candidate
12    Write-in lines equal to the number of candidates for which
13a voter may vote shall be printed for an office only if one or
14more persons filed declarations of intent to be write-in
15candidates or qualify to file declarations to be write-in
16candidates under Sections 17-16.1 and 18-9.1 when the
17certification of ballot contains the words "OBJECTION
18PENDING".
19    (c) When an electronic voting system is used which uses a
20ballot sheet, the instructions to voters on the ballot sheet
21shall refer the voter to the card of instructions for specific
22information on write-in voting. Below each office appearing on
23such ballot sheet there shall be a provision for the casting of
24a write-in vote. Write-in lines equal to the number of
25candidates for which a voter may vote shall be printed for an
26office only if one or more persons filed declarations of

 

 

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1intent to be write-in candidates or qualify to file
2declarations to be write-in candidates under Sections 17-16.1
3and 18-9.1 when the certification of ballot contains the words
4"OBJECTION PENDING".
5    (d) When such electronic system is used, there shall be
6printed on the back of each ballot card, each ballot card
7envelope, and the first page of the ballot label when a ballot
8label is used, the words "Official Ballot," followed by the
9number of the precinct or other precinct identification, which
10may be stamped, in lieu thereof and, as applicable, the number
11and name of the township, ward or other election district for
12which the ballot card, ballot card envelope, and ballot label
13are prepared, the date of the election and a facsimile of the
14signature of the election authority who has caused the ballots
15to be printed. The back of the ballot card shall also include a
16method of identifying the ballot configuration such as a
17listing of the political subdivisions and districts for which
18votes may be cast on that ballot, or a number code identifying
19the ballot configuration or color coded ballots, except that
20where there is only one ballot configuration in a precinct,
21the precinct identification, and any applicable ward
22identification, shall be sufficient. Ballot card envelopes
23used in punch card systems shall be of paper through which no
24writing or punches may be discerned and shall be of sufficient
25length to enclose all voting positions. However, the election
26authority may provide ballot card envelopes on which no

 

 

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1precinct number or township, ward or other election district
2designation, or election date are preprinted, if space and a
3preprinted form are provided below the space provided for the
4names of write-in candidates where such information may be
5entered by the judges of election. Whenever an election
6authority utilizes ballot card envelopes on which the election
7date and precinct is not preprinted, a judge of election shall
8mark such information for the particular precinct and election
9on the envelope in ink before tallying and counting any
10write-in vote written thereon. If some method of insuring
11ballot secrecy other than an envelope is used, such
12information must be provided on the ballot itself.
13    (e) In the designation of the name of a candidate on the
14ballot, the candidate's given name or names, initial or
15initials, a nickname by which the candidate is commonly known,
16or a combination thereof, may be used in addition to the
17candidate's surname. If a candidate has changed his or her
18name, whether by a statutory or common law procedure in
19Illinois or any other jurisdiction, within 3 years before the
20last day for filing the petition for nomination, nomination
21papers, or certificate of nomination for that office,
22whichever is applicable, then (i) the candidate's name on the
23ballot must be followed by "formerly known as (list all prior
24names during the 3-year period) until name changed on (list
25date of each such name change)" and (ii) the petition, papers,
26or certificate must be accompanied by the candidate's

 

 

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1affidavit stating the candidate's previous names during the
2period specified in (i) and the date or dates each of those
3names was changed; failure to meet these requirements shall be
4grounds for denying certification of the candidate's name for
5the ballot or removing the candidate's name from the ballot,
6as appropriate, but these requirements do not apply to name
7changes resulting from adoption to assume an adoptive parent's
8or parents' surname, marriage or civil union to assume a
9spouse's surname, or dissolution of marriage or civil union or
10declaration of invalidity of marriage or civil union to assume
11a former surname or a name change that conforms the
12candidate's name to his or her gender identity. No other
13designation such as a political slogan, title, or degree or
14nickname suggesting or implying possession of a title, degree
15or professional status, or similar information may be used in
16connection with the candidate's surname. For purposes of this
17Section, a "political slogan" is defined as any word or words
18expressing or connoting a position, opinion, or belief that
19the candidate may espouse, including but not limited to, any
20word or words conveying any meaning other than that of the
21personal identity of the candidate. A candidate may not use a
22political slogan as part of his or her name on the ballot,
23notwithstanding that the political slogan may be part of the
24candidate's name.
25    (f) The State Board of Elections, a local election
26official, or an election authority shall remove any

 

 

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1candidate's name designation from a ballot that is
2inconsistent with subsection (e) of this Section. In addition,
3the State Board of Elections, a local election official, or an
4election authority shall not certify to any election authority
5any candidate name designation that is inconsistent with
6subsection (e) of this Section.
7    (g) If the State Board of Elections, a local election
8official, or an election authority removes a candidate's name
9designation from a ballot under subsection (f) of this
10Section, then the aggrieved candidate may seek appropriate
11relief in circuit court.
12    Where voting machines or electronic voting systems are
13used, the provisions of this Section may be modified as
14required or authorized by Article 24 or Article 24A, whichever
15is applicable.
16    Nothing in this Section shall prohibit election
17authorities from using or reusing ballot card envelopes which
18were printed before the effective date of this amendatory Act
19of 1985.
20(Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07;
2195-862, eff. 8-19-08.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.