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Full Text of SB3496  98th General Assembly

SB3496 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3496

 

Introduced 2/14/2014, by Sen. Dave Syverson

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/Art. 7 heading new
5 ILCS 430/7-5 new
5 ILCS 430/50-5
10 ILCS 5/7-10  from Ch. 46, par. 7-10
10 ILCS 5/8-8  from Ch. 46, par. 8-8
10 ILCS 5/10-5  from Ch. 46, par. 10-5
10 ILCS 5/10-8  from Ch. 46, par. 10-8

    Amends the State Officials and Employees Ethics Act. Requires each public official who, on or after the effective date of the amendatory Act, is elected or appointed to office to complete an 8-hour continuing education program established by Econ Illinois-Illinois Council on Economic Education and approved by the Illinois Community College Board within 2 years after the date he or she is first elected or appointed and every 2 years thereafter for as long as he or she remains a public official. Authorizes a fine to be levied against a public official who fails to timely complete the continuing education requirement. Prohibits a public official from being elected or appointed to public office if he or she fails to timely pay the fine and complete the required continuing education.


LRB098 19686 OMW 55515 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3496LRB098 19686 OMW 55515 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by adding Article 7 and Section 7-5 and changing
6Section 50-5 as follows:
 
7    (5 ILCS 430/Art. 7 heading new)
8
ARTICLE 7. CONTINUING EDUCATION FOR PUBLIC OFFICIALS

 
9    (5 ILCS 430/7-5 new)
10    Sec. 7-5. Continuing education for public officials.
11    (a) Each public official who, on or after the effective
12date of this amendatory Act of the 98th General Assembly, is
13elected or appointed to office must complete at his or her own
14expense the 8-hour continuing education program established
15under subsection (b) of this Section within 2 years after the
16date he or she is first elected or appointed and every 2 years
17thereafter for as long as he or she remains a public official.
18However, a public official who is elected or appointed to more
19than one public office must complete the 8-hour continuing
20education program established under subsection (b) of this
21Section only once every 2 years.
22    (b) Econ Illinois-Illinois Council on Economic Education,

 

 

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1located at Northern Illinois University, shall establish, and
2the Illinois Community College Board shall approve, an 8-hour
3continuing education program for public officials. The
4continuing education program curriculum shall consist of
5courses focusing on economic theories and the interaction
6between economic theory and governmental policy, including,
7but not limited to, the impact of government policy on
8individuals and businesses.
9    (c) A public official who fails to timely complete the
10continuing education program required under this Section is
11subject to the penalties specified in subsection (e) of Section
1250-5 of this Act, and if that official does not timely pay the
13fine levied under that Section and complete the continuing
14education program, then he or she may not subsequently be
15elected or appointed to public office.
16    (d) For the purposes of this subsection (d), "public
17official" means the Governor, a member of the General Assembly,
18and any of the corporate authorities of a county or
19municipality.
 
20    (5 ILCS 430/50-5)
21    Sec. 50-5. Penalties.
22    (a) A person is guilty of a Class A misdemeanor if that
23person intentionally violates any provision of Section 5-15,
245-30, 5-40, or 5-45 or Article 15.
25    (a-1) An ethics commission may levy an administrative fine

 

 

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1for a violation of Section 5-45 of this Act of up to 3 times the
2total annual compensation that would have been obtained in
3violation of Section 5-45.
4    (b) A person who intentionally violates any provision of
5Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
6offense subject to a fine of at least $1,001 and up to $5,000.
7    (c) A person who intentionally violates any provision of
8Article 10 is guilty of a business offense and subject to a
9fine of at least $1,001 and up to $5,000.
10    (d) Any person who intentionally makes a false report
11alleging a violation of any provision of this Act to an ethics
12commission, an inspector general, the State Police, a State's
13Attorney, the Attorney General, or any other law enforcement
14official is guilty of a Class A misdemeanor.
15    (e) An ethics commission may levy an administrative fine of
16up to $5,000 against any person who violates this Act, who
17intentionally obstructs or interferes with an investigation
18conducted under this Act by an inspector general, or who
19intentionally makes a false, frivolous, or bad faith
20allegation. A person who violates Section 7-5 and is not
21subject to the jurisdiction of an ethics commission is guilty
22of a business offense and is subject to a fine of up to $5,000.
23    (f) In addition to any other penalty that may apply,
24whether criminal or civil, a State employee who intentionally
25violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
265-45, or 5-50, Article 10, Article 15, or Section 20-90 or

 

 

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125-90 is subject to discipline or discharge by the appropriate
2ultimate jurisdictional authority.
3(Source: P.A. 96-555, eff. 8-18-09.)
 
4    Section 10. The Election Code is amended by changing
5Sections 7-10, 8-8, 10-5, and 10-8 as follows:
 
6    (10 ILCS 5/7-10)  (from Ch. 46, par. 7-10)
7    Sec. 7-10. Form of petition for nomination. The name of no
8candidate for nomination, or State central committeeman, or
9township committeeman, or precinct committeeman, or ward
10committeeman or candidate for delegate or alternate delegate to
11national nominating conventions, shall be printed upon the
12primary ballot unless a petition for nomination has been filed
13in his behalf as provided in this Article in substantially the
14following form:
15    We, the undersigned, members of and affiliated with the
16.... party and qualified primary electors of the .... party, in
17the .... of ...., in the county of .... and State of Illinois,
18do hereby petition that the following named person or persons
19shall be a candidate or candidates of the .... party for the
20nomination for (or in case of committeemen for election to) the
21office or offices hereinafter specified, to be voted for at the
22primary election to be held on (insert date).
23    NameOfficeAddress
24John JonesGovernorBelvidere, Ill.

 

 

 

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1Jane James Lieutenant Governor Peoria, Ill.
2Thomas SmithAttorney GeneralOakland, Ill.
3Name..................         Address.......................
 
4State of Illinois)
5                 ) ss.
6County of........)
7    I, ...., do hereby certify that I reside at No. ....
8street, in the .... of ...., county of ...., and State of
9....., that I am 18 years of age or older, that I am a citizen
10of the United States, and that the signatures on this sheet
11were signed in my presence, and are genuine, and that to the
12best of my knowledge and belief the persons so signing were at
13the time of signing the petitions qualified voters of the ....
14party, and that their respective residences are correctly
15stated, as above set forth.
16
.........................
17    Subscribed and sworn to before me on (insert date).
18
.........................

 
19    Each sheet of the petition other than the statement of
20candidacy and candidate's statement shall be of uniform size
21and shall contain above the space for signatures an appropriate
22heading giving the information as to name of candidate or
23candidates, in whose behalf such petition is signed; the

 

 

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1office, the political party represented and place of residence;
2and the heading of each sheet shall be the same.
3    Such petition shall be signed by qualified primary electors
4residing in the political division for which the nomination is
5sought in their own proper persons only and opposite the
6signature of each signer, his residence address shall be
7written or printed. The residence address required to be
8written or printed opposite each qualified primary elector's
9name shall include the street address or rural route number of
10the signer, as the case may be, as well as the signer's county,
11and city, village or town, and state. However the county or
12city, village or town, and state of residence of the electors
13may be printed on the petition forms where all of the electors
14signing the petition reside in the same county or city, village
15or town, and state. Standard abbreviations may be used in
16writing the residence address, including street number, if any.
17At the bottom of each sheet of such petition shall be added a
18circulator statement signed by a person 18 years of age or
19older who is a citizen of the United States, stating the street
20address or rural route number, as the case may be, as well as
21the county, city, village or town, and state; and certifying
22that the signatures on that sheet of the petition were signed
23in his or her presence and certifying that the signatures are
24genuine; and either (1) indicating the dates on which that
25sheet was circulated, or (2) indicating the first and last
26dates on which the sheet was circulated, or (3) certifying that

 

 

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1none of the signatures on the sheet were signed more than 90
2days preceding the last day for the filing of the petition and
3certifying that to the best of his or her knowledge and belief
4the persons so signing were at the time of signing the
5petitions qualified voters of the political party for which a
6nomination is sought. Such statement shall be sworn to before
7some officer authorized to administer oaths in this State.
8    No petition sheet shall be circulated more than 90 days
9preceding the last day provided in Section 7-12 for the filing
10of such petition.
11    The person circulating the petition, or the candidate on
12whose behalf the petition is circulated, may strike any
13signature from the petition, provided that:
14        (1) the person striking the signature shall initial the
15    petition at the place where the signature is struck; and
16        (2) the person striking the signature shall sign a
17    certification listing the page number and line number of
18    each signature struck from the petition. Such
19    certification shall be filed as a part of the petition.
20    Such sheets before being filed shall be neatly fastened
21together in book form, by placing the sheets in a pile and
22fastening them together at one edge in a secure and suitable
23manner, and the sheets shall then be numbered consecutively.
24The sheets shall not be fastened by pasting them together end
25to end, so as to form a continuous strip or roll. All petition
26sheets which are filed with the proper local election

 

 

SB3496- 8 -LRB098 19686 OMW 55515 b

1officials, election authorities or the State Board of Elections
2shall be the original sheets which have been signed by the
3voters and by the circulator thereof, and not photocopies or
4duplicates of such sheets. Each petition must include as a part
5thereof, a statement of candidacy for each of the candidates
6filing, or in whose behalf the petition is filed. This
7statement shall set out the address of such candidate and , the
8office for which he is a candidate; , shall state that the
9candidate is a qualified primary voter of the party to which
10the petition relates and is qualified for the office specified
11(in the case of a candidate for State's Attorney it shall state
12that the candidate is at the time of filing such statement a
13licensed attorney-at-law of this State); , shall state that he
14has filed (or will file before the close of the petition filing
15period) a statement of economic interests as required by the
16Illinois Governmental Ethics Act; shall state that he or she is
17not barred from being elected or appointed to public office by
18subsection (c) of Section 7-5 of the State Officials and
19Employees Ethics Act; , shall request that the candidate's name
20be placed upon the official ballot; , and shall be subscribed
21and sworn to by such candidate before some officer authorized
22to take acknowledgment of deeds in the State and shall be in
23substantially the following form:
24
Statement of Candidacy
25NameAddressOfficeDistrictParty
26John Jones102 Main St.GovernorStatewideRepublican

 

 

 

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1Belvidere,
2Illinois
3State of Illinois)
4                 ) ss.
5County of .......)
6    I, ...., being first duly sworn, say that I reside at ....
7Street in the city (or village) of ...., in the county of ....,
8State of Illinois; that I am a qualified voter therein and am a
9qualified primary voter of the .... party; that I am a
10candidate for nomination (for election in the case of
11committeeman and delegates and alternate delegates) to the
12office of .... to be voted upon at the primary election to be
13held on (insert date); that I am legally qualified (including
14being the holder of any license that may be an eligibility
15requirement for the office I seek the nomination for) to hold
16such office; that I am not barred from being elected or
17appointed to public office by subsection (c) of Section 7-5 of
18the State Officials and Employees Ethics Act; and that I have
19filed (or I will file before the close of the petition filing
20period) a statement of economic interests as required by the
21Illinois Governmental Ethics Act and I hereby request that my
22name be printed upon the official primary ballot for nomination
23for (or election to in the case of committeemen and delegates
24and alternate delegates) such office.
25
Signed ......................

 

 

SB3496- 10 -LRB098 19686 OMW 55515 b

1    Subscribed and sworn to (or affirmed) before me by ....,
2who is to me personally known, on (insert date).
3
Signed ....................
4
(Official Character)
5(Seal, if officer has one.)
 
6    The petitions, when filed, shall not be withdrawn or added
7to, and no signatures shall be revoked except by revocation
8filed in writing with the State Board of Elections, election
9authority or local election official with whom the petition is
10required to be filed, and before the filing of such petition.
11Whoever forges the name of a signer upon any petition required
12by this Article is deemed guilty of a forgery and on conviction
13thereof shall be punished accordingly.
14    A candidate for the offices listed in this Section must
15obtain the number of signatures specified in this Section on
16his or her petition for nomination.
17    (a) Statewide office or delegate to a national nominating
18convention. If a candidate seeks to run for statewide office or
19as a delegate or alternate delegate to a national nominating
20convention elected from the State at-large, then the
21candidate's petition for nomination must contain at least 5,000
22but not more than 10,000 signatures.
23    (b) Congressional office or congressional delegate to a
24national nominating convention. If a candidate seeks to run for
25United States Congress or as a congressional delegate or

 

 

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1alternate congressional delegate to a national nominating
2convention elected from a congressional district, then the
3candidate's petition for nomination must contain at least the
4number of signatures equal to 0.5% of the qualified primary
5electors of his or her party in his or her congressional
6district. In the first primary election following a
7redistricting of congressional districts, a candidate's
8petition for nomination must contain at least 600 signatures of
9qualified primary electors of the candidate's political party
10in his or her congressional district.
11    (c) County office. If a candidate seeks to run for any
12countywide office, including but not limited to county board
13chairperson or county board member, elected on an at-large
14basis, in a county other than Cook County, then the candidate's
15petition for nomination must contain at least the number of
16signatures equal to 0.5% of the qualified electors of his or
17her party who cast votes at the last preceding general election
18in his or her county. If a candidate seeks to run for county
19board member elected from a county board district, then the
20candidate's petition for nomination must contain at least the
21number of signatures equal to 0.5% of the qualified primary
22electors of his or her party in the county board district. In
23the first primary election following a redistricting of county
24board districts or the initial establishment of county board
25districts, a candidate's petition for nomination must contain
26at least the number of signatures equal to 0.5% of the

 

 

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1qualified electors of his or her party in the entire county who
2cast votes at the last preceding general election divided by
3the total number of county board districts comprising the
4county board; provided that in no event shall the number of
5signatures be less than 25.
6    (d) County office; Cook County only.
7        (1) If a candidate seeks to run for countywide office
8    in Cook County, then the candidate's petition for
9    nomination must contain at least the number of signatures
10    equal to 0.5% of the qualified electors of his or her party
11    who cast votes at the last preceding general election in
12    Cook County.
13        (2) If a candidate seeks to run for Cook County Board
14    Commissioner, then the candidate's petition for nomination
15    must contain at least the number of signatures equal to
16    0.5% of the qualified primary electors of his or her party
17    in his or her county board district. In the first primary
18    election following a redistricting of Cook County Board of
19    Commissioners districts, a candidate's petition for
20    nomination must contain at least the number of signatures
21    equal to 0.5% of the qualified electors of his or her party
22    in the entire county who cast votes at the last preceding
23    general election divided by the total number of county
24    board districts comprising the county board; provided that
25    in no event shall the number of signatures be less than 25.
26        (3) If a candidate seeks to run for Cook County Board

 

 

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1    of Review Commissioner, which is elected from a district
2    pursuant to subsection (c) of Section 5-5 of the Property
3    Tax Code, then the candidate's petition for nomination must
4    contain at least the number of signatures equal to 0.5% of
5    the total number of registered voters in his or her board
6    of review district in the last general election at which a
7    commissioner was regularly scheduled to be elected from
8    that board of review district. In no event shall the number
9    of signatures required be greater than the requisite number
10    for a candidate who seeks countywide office in Cook County
11    under subsection (d)(1) of this Section. In the first
12    primary election following a redistricting of Cook County
13    Board of Review districts, a candidate's petition for
14    nomination must contain at least 4,000 signatures or at
15    least the number of signatures required for a countywide
16    candidate in Cook County, whichever is less, of the
17    qualified electors of his or her party in the district.
18    (e) Municipal or township office. If a candidate seeks to
19run for municipal or township office, then the candidate's
20petition for nomination must contain at least the number of
21signatures equal to 0.5% of the qualified primary electors of
22his or her party in the municipality or township. If a
23candidate seeks to run for alderman of a municipality, then the
24candidate's petition for nomination must contain at least the
25number of signatures equal to 0.5% of the qualified primary
26electors of his or her party of the ward. In the first primary

 

 

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1election following redistricting of aldermanic wards or
2trustee districts of a municipality or the initial
3establishment of wards or districts, a candidate's petition for
4nomination must contain the number of signatures equal to at
5least 0.5% of the total number of votes cast for the candidate
6of that political party who received the highest number of
7votes in the entire municipality at the last regular election
8at which an officer was regularly scheduled to be elected from
9the entire municipality, divided by the number of wards or
10districts. In no event shall the number of signatures be less
11than 25.
12    (f) State central committeeperson. If a candidate seeks to
13run for State central committeeperson, then the candidate's
14petition for nomination must contain at least 100 signatures of
15the primary electors of his or her party of his or her
16congressional district.
17    (g) Sanitary district trustee. If a candidate seeks to run
18for trustee of a sanitary district in which trustees are not
19elected from wards, then the candidate's petition for
20nomination must contain at least the number of signatures equal
21to 0.5% of the primary electors of his or her party from the
22sanitary district. If a candidate seeks to run for trustee of a
23sanitary district in which trustees are elected from wards,
24then the candidate's petition for nomination must contain at
25least the number of signatures equal to 0.5% of the primary
26electors of his or her party in the ward of that sanitary

 

 

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1district. In the first primary election following
2redistricting of sanitary districts elected from wards, a
3candidate's petition for nomination must contain at least the
4signatures of 150 qualified primary electors of his or her ward
5of that sanitary district.
6    (h) Judicial office. If a candidate seeks to run for
7judicial office in a district, then the candidate's petition
8for nomination must contain the number of signatures equal to
90.4% of the number of votes cast in that district for the
10candidate for his or her political party for the office of
11Governor at the last general election at which a Governor was
12elected, but in no event less than 500 signatures. If a
13candidate seeks to run for judicial office in a circuit or
14subcircuit, then the candidate's petition for nomination must
15contain the number of signatures equal to 0.25% of the number
16of votes cast for the judicial candidate of his or her
17political party who received the highest number of votes at the
18last general election at which a judicial officer from the same
19circuit or subcircuit was regularly scheduled to be elected,
20but in no event less than 1,000 signatures in circuits and
21subcircuits located in the First Judicial District or 500
22signatures in every other Judicial District.
23    (i) Precinct, ward, and township committeeperson. If a
24candidate seeks to run for precinct committeeperson, then the
25candidate's petition for nomination must contain at least 10
26signatures of the primary electors of his or her party for the

 

 

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1precinct. If a candidate seeks to run for ward committeeperson,
2then the candidate's petition for nomination must contain no
3less than the number of signatures equal to 10% of the primary
4electors of his or her party of the ward, but no more than 16%
5of those same electors; provided that the maximum number of
6signatures may be 50 more than the minimum number, whichever is
7greater. If a candidate seeks to run for township
8committeeperson, then the candidate's petition for nomination
9must contain no less than the number of signatures equal to 5%
10of the primary electors of his or her party of the township,
11but no more than 8% of those same electors; provided that the
12maximum number of signatures may be 50 more than the minimum
13number, whichever is greater.
14    (j) State's attorney or regional superintendent of schools
15for multiple counties. If a candidate seeks to run for State's
16attorney or regional Superintendent of Schools who serves more
17than one county, then the candidate's petition for nomination
18must contain at least the number of signatures equal to 0.5% of
19the primary electors of his or her party in the territory
20comprising the counties.
21    (k) Any other office. If a candidate seeks any other
22office, then the candidate's petition for nomination must
23contain at least the number of signatures equal to 0.5% of the
24registered voters of the political subdivision, district, or
25division for which the nomination is made or 25 signatures,
26whichever is greater.

 

 

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1    For purposes of this Section the number of primary electors
2shall be determined by taking the total vote cast, in the
3applicable district, for the candidate for that political party
4who received the highest number of votes, statewide, at the
5last general election in the State at which electors for
6President of the United States were elected. For political
7subdivisions, the number of primary electors shall be
8determined by taking the total vote cast for the candidate for
9that political party who received the highest number of votes
10in the political subdivision at the last regular election at
11which an officer was regularly scheduled to be elected from
12that subdivision. For wards or districts of political
13subdivisions, the number of primary electors shall be
14determined by taking the total vote cast for the candidate for
15that political party who received the highest number of votes
16in the ward or district at the last regular election at which
17an officer was regularly scheduled to be elected from that ward
18or district.
19    A "qualified primary elector" of a party may not sign
20petitions for or be a candidate in the primary of more than one
21party.
22    The changes made to this Section of this amendatory Act of
23the 93rd General Assembly are declarative of existing law,
24except for item (3) of subsection (d).
25    Petitions of candidates for nomination for offices herein
26specified, to be filed with the same officer, may contain the

 

 

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1names of 2 or more candidates of the same political party for
2the same or different offices. In the case of the offices of
3Governor and Lieutenant Governor, a joint petition including
4one candidate for each of those offices must be filed.
5(Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
 
6    (10 ILCS 5/8-8)  (from Ch. 46, par. 8-8)
7    Sec. 8-8. Form of petition for nomination. The name of no
8candidate for nomination shall be printed upon the primary
9ballot unless a petition for nomination shall have been filed
10in his behalf as provided for in this Section. Each such
11petition shall include as a part thereof the oath required by
12Section 7-10.1 of this Act and a statement of candidacy by the
13candidate filing or in whose behalf the petition is filed. This
14statement shall set out the address of such candidate, the
15office for which he is a candidate, shall state that the
16candidate is a qualified primary voter of the party to which
17the petition relates, is qualified for the office specified, is
18not barred from being elected or appointed to public office by
19subsection (c) of Section 7-5 of the State Officials and
20Employees Ethics Act, and has filed a statement of economic
21interests as required by the Illinois Governmental Ethics Act,
22shall request that the candidate's name be placed upon the
23official ballot and shall be subscribed and sworn by such
24candidate before some officer authorized to take
25acknowledgment of deeds in this State and may be in

 

 

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1substantially the following form:
2State of Illinois)
3                 ) ss.
4County ..........)
5    I, ...., being first duly sworn, say that I reside at ....
6street in the city (or village of) .... in the county of ....
7State of Illinois; that I am a qualified voter therein and am a
8qualified primary voter of .... party; that I am a candidate
9for nomination to the office of .... to be voted upon at the
10primary election to be held on (insert date); that I am legally
11qualified to hold such office; that I am not barred from being
12elected or appointed to public office by subsection (c) of
13Section 7-5 of the State Officials and Employees Ethics Act;
14and that I have filed a statement of economic interests as
15required by the Illinois Governmental Ethics Act and I hereby
16request that my name be printed upon the official primary
17ballot for nomination for such office.
18
Signed ....................
19    Subscribed and sworn to (or affirmed) before me by ....,
20who is to me personally known, on (insert date).
21
Signed .... (Official Character)
22
(Seal if officer has one.)
23    The receipt issued by the Secretary of State indicating
24that the candidate has filed the statement of economic
25interests required by the Illinois Governmental Ethics Act must
26be filed with the petitions for nomination as provided in

 

 

SB3496- 20 -LRB098 19686 OMW 55515 b

1subsection (8) of Section 7-12 of this Code.
2    All petitions for nomination for the office of State
3Senator shall be signed by at least 1,000 but not more than
43,000 of the qualified primary electors of the candidate's
5party in his legislative district.
6    All petitions for nomination for the office of
7Representative in the General Assembly shall be signed by at
8least 500 but not more than 1,500 of the qualified primary
9electors of the candidate's party in his or her representative
10district.
11    Opposite the signature of each qualified primary elector
12who signs a petition for nomination for the office of State
13Representative or State Senator such elector's residence
14address shall be written or printed. The residence address
15required to be written or printed opposite each qualified
16primary elector's name shall include the street address or
17rural route number of the signer, as the case may be, as well
18as the signer's county and city, village or town.
19    For the purposes of this Section, the number of primary
20electors shall be determined by taking the total vote cast, in
21the applicable district, for the candidate for such political
22party who received the highest number of votes, state-wide, at
23the last general election in the State at which electors for
24President of the United States were elected.
25    A "qualified primary elector" of a party may not sign
26petitions for or be a candidate in the primary of more than one

 

 

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1party.
2    In the affidavit at the bottom of each sheet, the petition
3circulator, who shall be a person 18 years of age or older who
4is a citizen of the United States, shall state his or her
5street address or rural route number, as the case may be, as
6well as his or her county, city, village or town, and state;
7and shall certify that the signatures on that sheet of the
8petition were signed in his or her presence; and shall certify
9that the signatures are genuine; and shall certify that to the
10best of his or her knowledge and belief the persons so signing
11were at the time of signing the petition qualified primary
12voters for which the nomination is sought.
13    In the affidavit at the bottom of each petition sheet, the
14petition circulator shall either (1) indicate the dates on
15which he or she circulated that sheet, or (2) indicate the
16first and last dates on which the sheet was circulated, or (3)
17certify that none of the signatures on the sheet were signed
18more than 90 days preceding the last day for the filing of the
19petition. No petition sheet shall be circulated more than 90
20days preceding the last day provided in Section 8-9 for the
21filing of such petition.
22    All petition sheets which are filed with the State Board of
23Elections shall be the original sheets which have been signed
24by the voters and by the circulator, and not photocopies or
25duplicates of such sheets.
26    The person circulating the petition, or the candidate on

 

 

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1whose behalf the petition is circulated, may strike any
2signature from the petition, provided that:
3        (1) the person striking the signature shall initial the
4    petition at the place where the signature is struck; and
5        (2) the person striking the signature shall sign a
6    certification listing the page number and line number of
7    each signature struck from the petition. Such
8    certification shall be filed as a part of the petition.
9(Source: P.A. 97-81, eff. 7-5-11.)
 
10    (10 ILCS 5/10-5)  (from Ch. 46, par. 10-5)
11    Sec. 10-5. All petitions for nomination shall, besides
12containing the names of candidates, specify as to each:
13    1. The office or offices to which such candidate or
14candidates shall be nominated.
15    2. The new political party, if any, represented, expressed
16in not more than 5 words. However, such party shall not bear
17the same name as, nor include the name of any established
18political party as defined in this Article. This prohibition
19does not preclude any established political party from making
20nominations in those cases in which it is authorized to do so.
21    3. The place of residence of any such candidate or
22candidates with the street and number thereof, if any. In the
23case of electors for President and Vice-President of the United
24States, the names of candidates for President and
25Vice-President may be added to the party name or appellation.

 

 

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1    Such certificate of nomination or nomination papers in
2addition shall include as a part thereof, the oath required by
3Section 7-10.1 of this Act and must include a statement of
4candidacy for each of the candidates named therein, except
5candidates for electors for President and Vice-President of the
6United States. Each such statement shall set out the address of
7such candidate, the office for which he is a candidate, shall
8state that the candidate is qualified for the office specified,
9is not barred from being elected or appointed to public office
10by subsection (c) of Section 7-5 of the State Officials and
11Employees Ethics Act, and has filed (or will file before the
12close of the petition filing period) a statement of economic
13interests as required by the Illinois Governmental Ethics Act,
14shall request that the candidate's name be placed upon the
15official ballot and shall be subscribed and sworn to by such
16candidate before some officer authorized to take
17acknowledgments of deeds in this State, and may be in
18substantially the following form:
19State of Illinois)
20                 ) SS.
21County of........)
22    I,...., being first duly sworn, say that I reside at....
23street, in the city (or village) of.... in the county of....
24State of Illinois; and that I am a qualified voter therein;
25that I am a candidate for election to the office of.... to be
26voted upon at the election to be held on the.... day

 

 

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1of....,.....; and that I am legally qualified to hold such
2office; that I am not barred from being elected or appointed to
3public office by subsection (c) of Section 7-5 of the State
4Officials and Employees Ethics Act; and that I have filed (or
5will file before the close of the petition filing period) a
6statement of economic interests as required by the Illinois
7Governmental Ethics Act, and I hereby request that my name be
8printed upon the official ballot for election to such office.
9
Signed.................
10    Subscribed and sworn to (or affirmed) before me by.... who
11is to me personally known, this.... day of....,......
12
Signed.................
13
(Official Character)
14(Seal, if officer has one.)
15    In addition, a new political party petition shall have
16attached thereto a certificate stating the names and addresses
17of the party officers authorized to fill vacancies in
18nomination pursuant to Section 10-11.
19    Nomination papers filed under this Section are not valid if
20the candidate named therein fails to file a statement of
21economic interests as required by the Illinois Governmental
22Ethics Act in relation to his candidacy with the appropriate
23officer by the end of the period for the filing of nomination
24papers unless he has filed a statement of economic interests in
25relation to the same governmental unit with that officer during
26the same calendar year as the year in which such nomination

 

 

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1papers were filed. If the nomination papers of any candidate
2and the statement of economic interest of that candidate are
3not required to be filed with the same officer, the candidate
4must file with the officer with whom the nomination papers are
5filed a receipt from the officer with whom the statement of
6economic interests is filed showing the date on which such
7statement was filed. Such receipt shall be so filed not later
8than the last day on which nomination papers may be filed.
9(Source: P.A. 84-551.)
 
10    (10 ILCS 5/10-8)  (from Ch. 46, par. 10-8)
11    Sec. 10-8. Certificates of nomination and nomination
12papers, and petitions to submit public questions to a
13referendum, being filed as required by this Code, and being in
14apparent conformity with the provisions of this Act, shall be
15deemed to be valid unless objection thereto is duly made in
16writing within 5 business days after the last day for filing
17the certificate of nomination or nomination papers or petition
18for a public question, with the following exceptions:
19        A. In the case of petitions to amend Article IV of the
20    Constitution of the State of Illinois, there shall be a
21    period of 35 business days after the last day for the
22    filing of such petitions in which objections can be filed.
23        B. In the case of petitions for advisory questions of
24    public policy to be submitted to the voters of the entire
25    State, there shall be a period of 35 business days after

 

 

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1    the last day for the filing of such petitions in which
2    objections can be filed.
3    Notwithstanding any other provision of law to the contrary,
4the electoral board designated in Section 10-9 for the purpose
5of hearing and passing upon objector's petitions shall
6independently verify that no candidate under its jurisdiction
7is barred from being elected or appointed under subsection (c)
8of Section 7-5 of the State Officials and Employees Ethics Act.
9If the electoral board finds that a candidate is barred from
10being elected or appointed under subsection (c) of Section 7-5
11of the State Officials and Employees Ethics Act, then that
12candidate shall be removed from the ballot regardless of
13whether or not an objection has been filed. Such a finding by
14the electoral board is subject to judicial review as provided
15in Section 10-10.1.
16    Any legal voter of the political subdivision or district in
17which the candidate or public question is to be voted on, or
18any legal voter in the State in the case of a proposed
19amendment to Article IV of the Constitution or an advisory
20public question to be submitted to the voters of the entire
21State, having objections to any certificate of nomination or
22nomination papers or petitions filed, shall file an objector's
23petition together with a copy thereof in the principal office
24or the permanent branch office of the State Board of Elections,
25or in the office of the election authority or local election
26official with whom the certificate of nomination, nomination

 

 

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1papers or petitions are on file. In the case of nomination
2papers or certificates of nomination, the State Board of
3Elections, election authority or local election official shall
4note the day and hour upon which such objector's petition is
5filed, and shall, not later than 12:00 noon on the second
6business day after receipt of the petition, transmit by
7registered mail or receipted personal delivery the certificate
8of nomination or nomination papers and the original objector's
9petition to the chairman of the proper electoral board
10designated in Section 10-9 hereof, or his authorized agent, and
11shall transmit a copy by registered mail or receipted personal
12delivery of the objector's petition, to the candidate whose
13certificate of nomination or nomination papers are objected to,
14addressed to the place of residence designated in said
15certificate of nomination or nomination papers. In the case of
16objections to a petition for a proposed amendment to Article IV
17of the Constitution or for an advisory public question to be
18submitted to the voters of the entire State, the State Board of
19Elections shall note the day and hour upon which such
20objector's petition is filed and shall transmit a copy of the
21objector's petition by registered mail or receipted personal
22delivery to the person designated on a certificate attached to
23the petition as the principal proponent of such proposed
24amendment or public question, or as the proponents' attorney,
25for the purpose of receiving notice of objections. In the case
26of objections to a petition for a public question, to be

 

 

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1submitted to the voters of a political subdivision, or district
2thereof, the election authority or local election official with
3whom such petition is filed shall note the day and hour upon
4which such objector's petition was filed, and shall, not later
5than 12:00 noon on the second business day after receipt of the
6petition, transmit by registered mail or receipted personal
7delivery the petition for the public question and the original
8objector's petition to the chairman of the proper electoral
9board designated in Section 10-9 hereof, or his authorized
10agent, and shall transmit a copy by registered mail or
11receipted personal delivery, of the objector's petition to the
12person designated on a certificate attached to the petition as
13the principal proponent of the public question, or as the
14proponent's attorney, for the purposes of receiving notice of
15objections.
16    The objector's petition shall give the objector's name and
17residence address, and shall state fully the nature of the
18objections to the certificate of nomination or nomination
19papers or petitions in question, and shall state the interest
20of the objector and shall state what relief is requested of the
21electoral board.
22    The provisions of this Section and of Sections 10-9, 10-10
23and 10-10.1 shall also apply to and govern objections to
24petitions for nomination filed under Article 7 or Article 8,
25except as otherwise provided in Section 7-13 for cases to which
26it is applicable, and also apply to and govern petitions for

 

 

SB3496- 29 -LRB098 19686 OMW 55515 b

1the submission of public questions under Article 28.
2(Source: P.A. 86-1348.)