Illinois General Assembly - Full Text of SB0204
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Full Text of SB0204  94th General Assembly

SB0204sam003 94TH GENERAL ASSEMBLY

Sen. Kirk W. Dillard

Filed: 4/11/2005

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 204

2     AMENDMENT NO. ______. Amend Senate Bill 204, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Election Code is amended by changing
6 Sections 10-5 and 10-9 as follows:
 
7     (10 ILCS 5/10-5)  (from Ch. 46, par. 10-5)
8     Sec. 10-5. All petitions for nomination shall, besides
9 containing the names of candidates, specify as to each:
10     1. The office or offices to which such candidate or
11 candidates shall be nominated.
12     2. The new political party, if any, represented, expressed
13 in not more than 5 words. However, such party shall not bear
14 the same name as, nor include the name of any established
15 political party as defined in this Article. This prohibition
16 does not preclude any established political party from making
17 nominations in those cases in which it is authorized to do so.
18     3. The place of residence of any such candidate or
19 candidates with the street and number thereof, if any. In the
20 case of electors for President and Vice-President of the United
21 States, the names of candidates for President and
22 Vice-President may be added to the party name or appellation.
23     Such certificate of nomination or nomination papers in
24 addition shall include as a part thereof, the oath required by

 

 

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1 Section 7-10.1 of this Act and must include a statement of
2 candidacy for each of the candidates named therein, except
3 candidates for electors for President and Vice-President of the
4 United States. Each such statement shall set out the address of
5 such candidate, the office for which he is a candidate, shall
6 state that the candidate is qualified for the office specified
7 and has filed (or will file before the close of the petition
8 filing period) a statement of economic interests as required by
9 the Illinois Governmental Ethics Act, shall state whether
10 objections to the nomination (if for a municipal, township,
11 school district, or community college district office) shall be
12 heard by an appropriate municipal, township, or education
13 officers electoral board or by the county officers electoral
14 board, shall request that the candidate's name be placed upon
15 the official ballot and shall be subscribed and sworn to by
16 such candidate before some officer authorized to take
17 acknowledgments of deeds in this State, and may be in
18 substantially the following form:
19 State of Illinois)
20                  ) SS.
21 County of........)
22     I,...., being first duly sworn, say that I reside at....
23 street, in the city (or village) of.... in the county of....
24 State of Illinois; and that I am a qualified voter therein;
25 that I am a candidate for election to the office of.... to be
26 voted upon at the election to be held on the.... day
27 of....,.....; and that I am legally qualified to hold such
28 office; and that I have filed (or will file before the close of
29 the petition filing period) a statement of economic interests
30 as required by the Illinois Governmental Ethics Act; if I am a
31 candidate for a municipal, township, school district, or
32 community college district office, that objections to my
33 nomination shall be heard by (indicate 1 or 2) ... (1) the
34 appropriate municipal, township, or education officers

 

 

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1 electoral board or ... (2) the county officers electoral
2 board; , and that I hereby request that my name be printed upon
3 the official ballot for election to such office.
4
Signed.................
5     Subscribed and sworn to (or affirmed) before me by.... who
6 is to me personally known, this.... day of....,......
7
Signed.................
8
(Official Character)
9 (Seal, if officer has one.)
10     In addition, a new political party petition shall have
11 attached thereto a certificate stating the names and addresses
12 of the party officers authorized to fill vacancies in
13 nomination pursuant to Section 10-11.
14     Nomination papers filed under this Section are not valid if
15 the candidate named therein fails to file a statement of
16 economic interests as required by the Illinois Governmental
17 Ethics Act in relation to his candidacy with the appropriate
18 officer by the end of the period for the filing of nomination
19 papers unless he has filed a statement of economic interests in
20 relation to the same governmental unit with that officer during
21 the same calendar year as the year in which such nomination
22 papers were filed. If the nomination papers of any candidate
23 and the statement of economic interest of that candidate are
24 not required to be filed with the same officer, the candidate
25 must file with the officer with whom the nomination papers are
26 filed a receipt from the officer with whom the statement of
27 economic interests is filed showing the date on which such
28 statement was filed. Such receipt shall be so filed not later
29 than the last day on which nomination papers may be filed.
30 (Source: P.A. 84-551.)
 
31     (10 ILCS 5/10-9)  (from Ch. 46, par. 10-9)
32     Sec. 10-9. The following electoral boards are designated
33 for the purpose of hearing and passing upon the objector's

 

 

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1 petition described in Section 10-8.
2     1. The State Board of Elections will hear and pass upon
3 objections to the nominations of candidates for State offices,
4 nominations of candidates for congressional, legislative and
5 judicial offices of districts or circuits situated in more than
6 one county, nominations of candidates for the offices of
7 State's attorney or regional superintendent of schools to be
8 elected from more than one county, and petitions for proposed
9 amendments to the Constitution of the State of Illinois as
10 provided for in Section 3 of Article XIV of the Constitution.
11     2. The county officers electoral board to hear and pass
12 upon objections to the nominations of candidates for county
13 offices, for congressional, legislative and judicial offices
14 of a district or circuit coterminous with or less than a
15 county, for school trustees to be voted for by the electors of
16 the county or by the electors of a township of the county, for
17 the office of multi-township assessor where candidates for such
18 office are nominated in accordance with this Code, and for all
19 special district offices, shall be composed of the county
20 clerk, or an assistant designated by the county clerk, the
21 State's attorney of the county or an Assistant State's Attorney
22 designated by the State's Attorney, and the clerk of the
23 circuit court, or an assistant designated by the clerk of the
24 circuit court, of the county, of whom the county clerk or his
25 designee shall be the chairman, except that in any county which
26 has established a county board of election commissioners that
27 board shall constitute the county officers electoral board
28 ex-officio. The county officers electoral board shall also hear
29 and pass upon objector's petitions to the nomination of a
30 candidate for municipal, township, school district, or
31 community college district office if the candidate so indicated
32 in his or her statement of candidacy.
33     3. Except as provided in paragraph 2, the The municipal
34 officers electoral board to hear and pass upon objections to

 

 

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1 the nominations of candidates for officers of municipalities
2 shall be composed of the mayor or president of the board of
3 trustees of the city, village or incorporated town, and the
4 city, village or incorporated town clerk, and one member of the
5 city council or board of trustees, that member being designated
6 who is eligible to serve on the electoral board and has served
7 the greatest number of years as a member of the city council or
8 board of trustees, of whom the mayor or president of the board
9 of trustees shall be the chairman.
10     4. Except as provided in paragraph 2, the The township
11 officers electoral board to pass upon objections to the
12 nominations of township officers shall be composed of the
13 township supervisor, the town clerk, and that eligible town
14 trustee elected in the township who has had the longest term of
15 continuous service as town trustee, of whom the township
16 supervisor shall be the chairman.
17     5. Except as provided in paragraph 2, the The education
18 officers electoral board to hear and pass upon objections to
19 the nominations of candidates for offices in school or
20 community college districts shall be composed of the presiding
21 officer of the school or community college district board, who
22 shall be the chairman, the secretary of the school or community
23 college district board and the eligible elected school or
24 community college board member who has the longest term of
25 continuous service as a board member.
26     6. In all cases, however, where the Congressional or
27 Legislative district is wholly within the jurisdiction of a
28 board of election commissioners and in all cases where the
29 school district or special district is wholly within the
30 jurisdiction of a municipal board of election commissioners and
31 in all cases where the municipality or township is wholly or
32 partially within the jurisdiction of a municipal board of
33 election commissioners, the board of election commissioners
34 shall ex-officio constitute the electoral board.

 

 

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1     For special districts situated in more than one county, the
2 county officers electoral board of the county in which the
3 principal office of the district is located has jurisdiction to
4 hear and pass upon objections. For purposes of this Section,
5 "special districts" means all political subdivisions other
6 than counties, municipalities, townships and school and
7 community college districts.
8     In the event that any member of the appropriate board is a
9 candidate for the office with relation to which the objector's
10 petition is filed, he shall not be eligible to serve on that
11 board and shall not act as a member of the board and his place
12 shall be filled as follows:
13         a. In the county officers electoral board by the county
14     treasurer, and if he or she is ineligible to serve, by the
15     sheriff of the county.
16         b. In the municipal officers electoral board by the
17     eligible elected city council or board of trustees member
18     who has served the second greatest number of years as a
19     city council or board of trustees member.
20         c. In the township officers electoral board by the
21     eligible elected town trustee who has had the second
22     longest term of continuous service as a town trustee.
23         d. In the education officers electoral board by the
24     eligible elected school or community college district
25     board member who has had the second longest term of
26     continuous service as a board member.
27     In the event that the chairman of the electoral board is
28 ineligible to act because of the fact that he is a candidate
29 for the office with relation to which the objector's petition
30 is filed, then the substitute chosen under the provisions of
31 this Section shall be the chairman; In this case, the officer
32 or board with whom the objector's petition is filed, shall
33 transmit the certificate of nomination or nomination papers as
34 the case may be, and the objector's petition to the substitute

 

 

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1 chairman of the electoral board.
2     When 2 or more eligible individuals, by reason of their
3 terms of service on a city council or board of trustees,
4 township board of trustees, or school or community college
5 district board, qualify to serve on an electoral board, the one
6 to serve shall be chosen by lot.
7     Any vacancies on an electoral board not otherwise filled
8 pursuant to this Section shall be filled by public members
9 appointed by the Chief Judge of the Circuit Court for the
10 county wherein the electoral board hearing is being held upon
11 notification to the Chief Judge of such vacancies. The Chief
12 Judge shall be so notified by a member of the electoral board
13 or the officer or board with whom the objector's petition was
14 filed. In the event that none of the individuals designated by
15 this Section to serve on the electoral board are eligible, the
16 chairman of an electoral board shall be designated by the Chief
17 Judge.
18 (Source: P.A. 87-570.)".