Full Text of HB5280 94th General Assembly
HB5280 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5280
Introduced 01/25/06, by Rep. Mike Boland SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-43 |
from Ch. 46, par. 7-43 |
10 ILCS 5/7-44 |
from Ch. 46, par. 7-44 |
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Amends the Election Code to eliminate the requirement that a voter declare
party affiliation when voting at a primary election. Provides that the voter
shall receive the primary ballot of each of the established political parties
nominating candidates for office at the primary election, but may cast a ballot
of only one political party, except in certain cases involving statewide
political parties and political parties established only within a political
subdivision. Effective January 1, 2007.
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A BILL FOR
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HB5280 |
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LRB094 15854 JAM 51074 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 7-43 and 7-44
as follows:
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| (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
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| Sec. 7-43. Every person having resided in this State 6 | 8 |
| months and
in the precinct 30 days next preceding any primary | 9 |
| therein who shall be
a citizen of the United States of the age | 10 |
| of 18 or more
years, shall be
entitled to vote at such primary.
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| The following regulations shall be applicable to | 12 |
| primaries:
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| No person shall be entitled to vote at a primary:
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| (a) Unless he declares his party affiliations as required | 15 |
| by this
Article.
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| (b) Who shall have signed the petition for nomination of a | 17 |
| candidate
of any party with which he does not affiliate, when | 18 |
| such candidate is to
be voted for at the primary.
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| (a)
(c) Who shall have signed the nominating papers of an
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| independent
candidate for any office for which office | 21 |
| candidates for nomination are
to be voted for at such primary.
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| (b)
(c.5) If that person has participated in the town | 23 |
| political
party caucus,
under Section 45-50 of the Township | 24 |
| Code, of another political party by
signing an affidavit of | 25 |
| voters attending the caucus within 45 days before the
first day | 26 |
| of the calendar month in which the primary is held.
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| (d) If he has voted at a primary held under this Article 7 | 28 |
| of
another political party within a period of 23 calendar | 29 |
| months next
preceding the calendar month in which such primary | 30 |
| is held: Provided,
participation by a primary elector in a | 31 |
| primary of a political party
which, under the provisions of | 32 |
| Section 7-2 of this Article, is a
political party within a |
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HB5280 |
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LRB094 15854 JAM 51074 b |
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| city, village or incorporated town or town only
and entitled | 2 |
| hereunder to make nominations of candidates for city,
village | 3 |
| or incorporated town or town offices only, and for no other
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| office or offices, shall not disqualify such primary elector | 5 |
| from
participating in other primaries of his party: And, | 6 |
| provided, that no
qualified voter shall be precluded from | 7 |
| participating in the primary of
any purely city, village or | 8 |
| incorporated town or town political party
under the provisions | 9 |
| of Section 7-2 of this Article by reason of such
voter having | 10 |
| voted at the primary of another political party within a
period | 11 |
| of 23 calendar months next preceding the calendar month in | 12 |
| which
he seeks to participate is held.
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| (c)
(e) In cities, villages and incorporated towns having a | 14 |
| board of
election commissioners only voters registered as | 15 |
| provided by Article 6
of this Act shall be entitled to vote at | 16 |
| such primary.
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| (d)
(f) No person shall be entitled to vote at a primary | 18 |
| unless he
is
registered under the provisions of Articles 4, 5 | 19 |
| or 6 of this Act, when
his registration is required by any of | 20 |
| said Articles to entitle him to
vote at the election with | 21 |
| reference to which the primary is held.
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| (Source: P.A. 89-331, eff. 8-17-95.)
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| (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
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| Sec. 7-44. (a) Any person desiring to vote at a primary | 25 |
| shall state his
or her name and ,
residence and party | 26 |
| affiliation to the primary judges, one of whom shall
thereupon | 27 |
| announce the same in a distinct tone of voice, sufficiently | 28 |
| loud
to be heard by all persons in the polling place. When | 29 |
| article 4, 5 or 6
is applicable the Certificate of Registered | 30 |
| Voter therein prescribed shall
be made and signed and the | 31 |
| official poll record shall be made. If the
person desiring to | 32 |
| vote is not challenged, one of the primary judges shall
give to | 33 |
| him or her one , and only one, primary ballot of each of the
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| established political
parties nominating candidates for office | 35 |
| at the primary election, but the
voter may
cast a ballot of |
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| only one political party, except as otherwise provided in
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| subsection (b)
party with
which he declares himself affiliated , | 3 |
| on the back of which the
such
primary
judge shall endorse his | 4 |
| or her initials in such manner that they may be
seen when
the | 5 |
| primary ballot is properly folded. If the person desiring to | 6 |
| vote is
challenged he or she shall not receive a primary ballot | 7 |
| from the primary
judges
until he or she shall have established | 8 |
| his or her right to vote as
hereinafter provided in this | 9 |
| Article .
No person who refuses to state his party affiliation | 10 |
| shall be allowed to
vote at a primary.
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| (b) A person who casts a ballot of
declares his party | 12 |
| affiliation
with a
statewide established
political party and | 13 |
| requests a primary ballot of such party may nonetheless
also | 14 |
| declare his affiliation with a political party established only | 15 |
| within
a political subdivision, and may also vote in the | 16 |
| primary of a
such
local political
party established only within | 17 |
| a political subdivision on the same election
day, provided that | 18 |
| the
such voter may not vote in
both such party primaries with | 19 |
| respect to offices of the same political
subdivision. However, | 20 |
| no person casting a ballot of
declaring his
affiliation with a | 21 |
| statewide
established political party may vote in the primary | 22 |
| of any other statewide
political party on the same election | 23 |
| day.
A space shall be provided on the primary ballot indicating | 24 |
| for which
political
party the voter cast his or her votes and | 25 |
| the voter may mark the space on the
ballot of only one | 26 |
| political party indicating that party, except as otherwise
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| provided in this Section.
If the voter desires to cast his or | 28 |
| her ballot of a statewide political party
and a political party | 29 |
| established only within a political subdivision, the
voter may | 30 |
| indicate that choice by marking the space provided on the | 31 |
| ballot of
the statewide political party and by also marking the | 32 |
| space provided on the
ballot of the political party established | 33 |
| only within a political
subdivision. If the voter does not mark | 34 |
| the space on the primary ballot
indicating the political party | 35 |
| in which the voter cast his or her ballot, or
marks more than | 36 |
| one such space, the judges of election shall count only the
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| votes of the political party in which the voter cast a vote for | 2 |
| the office
nearest the top of the ballot.
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| (Source: P.A. 81-1535.)
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| Section 99. Effective date. This Act takes effect January | 5 |
| 1, 2007. |
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