Full Text of SB0733 95th General Assembly
SB0733 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0733
Introduced 2/8/2007, by Sen. Michael W. Frerichs SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/10-2 |
from Ch. 46, par. 10-2 |
10 ILCS 5/10-3 |
from Ch. 46, par. 10-3 |
10 ILCS 5/10-6 |
from Ch. 46, par. 10-6 |
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Amends the Election Code. Makes the minimum nomination petition signature requirements for independent candidates the same as those for candidates of an established political party for the same office (now, larger). Makes the period for filing all independent candidate petitions the same as that for new political party candidates (now, the same as that for established political party candidates). Makes the minimum petition signature requirement for a new State political party the same as that for a State office candidate of an established political party (now, the lesser of 25,000 or 1% of the number of voters voting in the most recent general election). Makes the minimum petition signature requirement for a new local political party the same as that for an established party candidate for the local office on the slate with the highest petition signature requirement (now, 5% of the number of voters in the relevant district or political subdivision who voted in the most recent election when district or subdivision officers were elected by the district or subdivision as a unit).
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A BILL FOR
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SB0733 |
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LRB095 10702 JAM 30935 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 10-2, 10-3, and 10-6 as follows:
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| (10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
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| Sec. 10-2. The term "political party", as hereinafter used | 8 |
| in this
Article 10, shall mean any "established political | 9 |
| party", as hereinafter
defined and shall also mean any | 10 |
| political group which shall hereafter
undertake to form an | 11 |
| established political party in the manner provided
for in this | 12 |
| Article 10: Provided, that no political organization or
group | 13 |
| shall be qualified as a political party hereunder, or given a
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| place on a ballot, which organization or group is associated, | 15 |
| directly
or indirectly, with Communist, Fascist, Nazi or other | 16 |
| un-American
principles and engages in activities or propaganda | 17 |
| designed to teach
subservience to the political principles and | 18 |
| ideals of foreign nations
or the overthrow by violence of the | 19 |
| established constitutional form of
government of the United | 20 |
| States and the State of Illinois.
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| A political party which, at the last general election for | 22 |
| State and
county officers, polled for its candidate for | 23 |
| Governor more than 5% of
the entire vote cast for Governor, is |
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| hereby declared to be an
"established political party" as to | 2 |
| the State and as to any district or
political subdivision | 3 |
| thereof.
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| A political party which, at the last election in any | 5 |
| congressional
district, legislative district, county, | 6 |
| township, municipality or other
political subdivision or | 7 |
| district in the State, polled more than 5% of
the entire vote | 8 |
| cast within such territorial area or political
subdivision, as | 9 |
| the case may be, has voted as a unit for the election of
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| officers to serve the respective territorial area of such | 11 |
| district or
political subdivision, is hereby declared to be an | 12 |
| "established
political party" within the meaning of this | 13 |
| Article as to such district
or political subdivision.
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| Any group of persons hereafter desiring to form a new | 15 |
| political party
throughout the State, or in any congressional, | 16 |
| legislative or judicial
district, or in any other district or | 17 |
| in any political subdivision
(other than a municipality) not | 18 |
| entirely within a single county, shall
file with the State | 19 |
| Board of Elections a petition, as hereinafter
provided; and any | 20 |
| such group of persons hereafter desiring to form a new
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| political party within any county shall file such petition with | 22 |
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county clerk; and any such group of persons hereafter | 23 |
| desiring to form a
new political party within any municipality | 24 |
| or township or within any
district of a unit of local | 25 |
| government other than a county shall file
such petition with | 26 |
| the local election official or Board of Election
Commissioners |
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| of such municipality, township or other unit of local
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| government, as the case may be. Any such petition for the | 3 |
| formation of a
new political party throughout the State, or in | 4 |
| any such district or
political subdivision, as the case may be, | 5 |
| shall declare as concisely as
may be the intention of the | 6 |
| signers thereof to form such new political
party in the State, | 7 |
| or in such district or political subdivision; shall
state in | 8 |
| not more than 5 words the name of such new political party;
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| shall at the time of filing contain a complete list of | 10 |
| candidates of
such party for all offices to be filled in the | 11 |
| State, or such district
or political subdivision as the case | 12 |
| may be, at the next ensuing
election then to be held; and, if | 13 |
| such new political party shall be
formed for the entire State, | 14 |
| shall be signed by qualified voters at least equal in number to | 15 |
| the minimum petition signature requirement of Section 7-10 for | 16 |
| a State office candidate of an established political party
1% | 17 |
| of the number of voters
who voted at the next preceding | 18 |
| Statewide general election or 25,000
qualified voters, | 19 |
| whichever is less . If such new political party shall be
formed | 20 |
| for any district
or political subdivision less than the entire | 21 |
| State, such petition shall
be signed by qualified voters of the | 22 |
| district or political subdivision equaling in number not less | 23 |
| than the minimum petition signature requirement for an | 24 |
| established party candidate for the office on the slate with | 25 |
| the highest minimum petition signature requirement.
5% of the
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| number of voters who voted at the next preceding regular |
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| election in
such district or political subdivision in which | 2 |
| such district or
political subdivision voted as a unit for the | 3 |
| election of officers to
serve its respective territorial area. | 4 |
| However, whenever the minimum signature
requirement for a | 5 |
| district or political subdivision new political
party petition | 6 |
| shall exceed the minimum number of signatures for State-wide
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| new political party petitions at the next preceding State-wide | 8 |
| general
election, such State-wide petition signature | 9 |
| requirement shall be the
minimum for such district or political | 10 |
| subdivision new political party petition.
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| For the first election following a redistricting of | 12 |
| congressional districts,
a petition to form a new political | 13 |
| party in a congressional district shall
be signed by at least | 14 |
| 5,000 qualified voters of the congressional district.
For the | 15 |
| first election following a redistricting of legislative | 16 |
| districts,
a petition to form a new political party in a | 17 |
| legislative district shall
be signed by at least 3,000 | 18 |
| qualified voters of the legislative district.
For the first | 19 |
| election following a redistricting of representative
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| districts, a petition to form a new political party in a | 21 |
| representative
district shall be signed by at least 1,500 | 22 |
| qualified voters of the
representative district.
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| For the first election following redistricting of county | 24 |
| board districts,
or of municipal wards or districts, or for the | 25 |
| first election following
the initial establishment of such | 26 |
| districts or wards in a county or
municipality, a petition to |
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| form a new political party in a county board
district or in a | 2 |
| municipal ward or district shall be signed by qualified
voters | 3 |
| of the district or ward equal to not less than 5% of the total
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| number of votes cast at the preceding general or municipal | 5 |
| election, as the
case may be, for the county or municipal | 6 |
| office voted on throughout the
county or municipality for which | 7 |
| the greatest total number of votes were
cast for all | 8 |
| candidates, divided by the number of districts or wards, but
in | 9 |
| any event not less than 25 qualified voters of the district or | 10 |
| ward.
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| In the case of a petition to form a new political party | 12 |
| within a political
subdivision in which officers are to be | 13 |
| elected from
districts and at-large, such petition shall | 14 |
| consist
of separate components for each district from which an | 15 |
| officer
is to be elected. Each component shall be circulated | 16 |
| only within a
district of the political subdivision and signed | 17 |
| only by qualified electors
who are residents of such district. | 18 |
| Each sheet of such petition must
contain a complete list of the | 19 |
| names of the candidates of the party for all
offices to be | 20 |
| filled in the political subdivision at large, but the sheets
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| comprising each component shall also contain the names of those | 22 |
| candidates
to be elected from the particular district. Each | 23 |
| component of the petition
for each district from which an | 24 |
| officer is to be elected must be signed by
qualified voters of | 25 |
| the district equalling in number not less than the minimum | 26 |
| petition signature requirement for an established party |
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| candidate for that office.
5% of
the number of voters who voted | 2 |
| at the next preceding regular election in
such district at | 3 |
| which an officer was elected to serve the district. The
entire | 4 |
| petition, including all components, must be signed by a total | 5 |
| of
qualified voters of the entire political subdivision | 6 |
| equalling in number
not less than the minimum petition | 7 |
| signature requirement for an established party candidate for | 8 |
| the office on the slate with the highest minimum petition | 9 |
| signature requirement.
5% of the number of voters who voted at | 10 |
| the next preceding
regular election in such political | 11 |
| subdivision at which an officer was
elected to serve the | 12 |
| political subdivision at large.
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| The filing of such petition shall constitute the political | 14 |
| group a
new political party, for the purpose only of placing | 15 |
| upon the ballot at
such next ensuing election such list or an | 16 |
| adjusted list in accordance
with Section 10-11, of party | 17 |
| candidates for offices to be voted for
throughout the State, or | 18 |
| for offices to be voted for in such district or
political | 19 |
| subdivision less than the State, as the case may be, under the
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| name of and as the candidates of such new political party.
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| If, at such ensuing election, the new political party's | 22 |
| candidate for
Governor shall receive more than 5% of the entire | 23 |
| votes cast for
Governor, then such new political party shall | 24 |
| become an "established
political party" as to the State and as | 25 |
| to every district or political
subdivision thereof. If, at such | 26 |
| ensuing election, the other candidates
of the new political |
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| party, or any other candidate or candidates of the
new | 2 |
| political party shall receive more than 5% of all the votes | 3 |
| cast for
the office or offices for which they were candidates | 4 |
| at such election,
in the State, or in any district or political | 5 |
| subdivision, as the case
may be, then and in that event, such | 6 |
| new political party shall become an
"established political | 7 |
| party" within the State or within such district
or political | 8 |
| subdivision less than the State, as the case may be, in
which | 9 |
| such candidate or candidates received more than 5% of the votes
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| cast for the office or offices for which they were candidates. | 11 |
| It shall
thereafter nominate its candidates for public offices | 12 |
| to be filled in
the State, or such district or political | 13 |
| subdivision, as the case may
be, under the provisions of the | 14 |
| laws regulating the nomination of
candidates of established | 15 |
| political parties at primary elections and
political party | 16 |
| conventions, as now or hereafter in force.
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| A political party which continues to receive for its | 18 |
| candidate for
Governor more than 5% of the entire vote cast for | 19 |
| Governor, shall remain
an "established political party" as to | 20 |
| the State and as to every
district or political subdivision | 21 |
| thereof. But if the political party's
candidate for Governor | 22 |
| fails to receive more than 5% of the entire vote
cast for | 23 |
| Governor, or if the political party does not nominate a
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| candidate for Governor, the political party shall remain an | 25 |
| "established
political party" within the State or within such | 26 |
| district or political
subdivision less than the State, as the |
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| case may be, only so long as,
and only in those districts or | 2 |
| political subdivisions in which, the
candidates of that | 3 |
| political party, or any candidate or candidates of
that | 4 |
| political party, continue to receive more than 5% of all the | 5 |
| votes
cast for the office or offices for which they were | 6 |
| candidates at
succeeding general or consolidated elections | 7 |
| within the State or within
any district or political | 8 |
| subdivision, as the case may be.
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| Any such petition shall be filed at the same time and shall | 10 |
| be
subject to the same requirements and to the same provisions | 11 |
| in respect
to objections thereto and to any hearing or hearings | 12 |
| upon such
objections that are hereinafter in this Article 10 | 13 |
| contained in regard
to the nomination of any other candidate or | 14 |
| candidates by petition. If
any such new political party shall | 15 |
| become an "established political
party" in the manner herein | 16 |
| provided, the candidate or candidates of
such new political | 17 |
| party nominated by the petition hereinabove referred
to for | 18 |
| such initial election, shall have power to select any such | 19 |
| party
committeeman or committeemen as shall be necessary for | 20 |
| the creation of a
provisional party organization and | 21 |
| provisional managing committee or
committees for such party | 22 |
| within the State, or in any district or
political subdivision | 23 |
| in which the new political party has become
established; and | 24 |
| the party committeeman or committeemen so selected
shall | 25 |
| constitute a provisional party organization for the new | 26 |
| political
party and shall have and exercise the powers |
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| conferred by law upon any
party committeeman or committeemen to | 2 |
| manage and control the affairs of
such new political party | 3 |
| until the next ensuing primary election at
which the new | 4 |
| political party shall be entitled to nominate and elect
any | 5 |
| party committeeman or committeemen in the State, or in such | 6 |
| district
or political subdivision under any parts of this Act | 7 |
| relating to the
organization of political parties.
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| A candidate for whom a nomination paper has been filed as a | 9 |
| partisan
candidate at a primary election, and who is defeated | 10 |
| for his or her
nomination at the primary election, is | 11 |
| ineligible for nomination as a
candidate of a new political | 12 |
| party for election in that general election.
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| (Source: P.A. 86-875.)
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| (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
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| Sec. 10-3. Nomination of independent candidates (not | 16 |
| candidates of
any political party), for any office to be filled | 17 |
| by the voters of the
State at large may also be made by | 18 |
| nomination papers signed in the
aggregate for each candidate by | 19 |
| qualified voters at least equal in number to the minimum | 20 |
| petition signature requirement of Section 7-10 for a State | 21 |
| office candidate of an established political party
1% of the | 22 |
| number of voters who voted in
the next preceding Statewide | 23 |
| general election or 25,000 qualified voters
of the State, | 24 |
| whichever is less . Nominations of independent candidates
for | 25 |
| public office within any district or political subdivision less |
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| than
the State, may be made by nomination papers signed in the | 2 |
| aggregate for
each candidate by qualified voters of such | 3 |
| district, or political
subdivision, equaling not less than the | 4 |
| minimum petition signature requirement for an established | 5 |
| party candidate for that office.
5%, nor more than 8% (or 50 | 6 |
| more
than the minimum, whichever is greater) of the number of | 7 |
| persons, who
voted at the next preceding regular election in | 8 |
| such district or
political subdivision in which such district | 9 |
| or political subdivision
voted as a unit for the election of | 10 |
| officers to serve its respective
territorial area, except that | 11 |
| independent candidates for the General
Assembly shall require | 12 |
| not less than 10%, nor more than 16% of the
number of persons | 13 |
| who voted at the next preceding general election in
such | 14 |
| district or political subdivision in which such district or
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| political subdivision voted as a unit for the election of | 16 |
| officers to
serve its respective territorial area. However, | 17 |
| whenever the minimum
signature requirement for an independent | 18 |
| candidate petition for a
district or political subdivision | 19 |
| office shall exceed the minimum number
of signatures for an | 20 |
| independent candidate petition for an office to be
filled by | 21 |
| the voters of the State at large at the next preceding
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| State-wide general election, such State-wide petition | 23 |
| signature
requirement shall be the minimum for an independent | 24 |
| candidate petition
for such district or political subdivision | 25 |
| office. For the first
election following a redistricting of | 26 |
| congressional districts,
nomination papers for an independent |
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| candidate for congressman shall be
signed by at least 5,000 | 2 |
| qualified voters of the congressional district.
For the first | 3 |
| election following a redistricting of legislative
districts, | 4 |
| nomination papers for an independent candidate for State
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| Senator in the General Assembly shall be signed by at
least | 6 |
| 3,000 qualified voters of the legislative district. For the | 7 |
| first
election following a redistricting of representative | 8 |
| districts, nomination
papers for an independent candidate for | 9 |
| State Representative in the General
Assembly shall be signed by | 10 |
| at least 1,500 qualified voters of the
representative district. | 11 |
| For the first election following redistricting of
county board | 12 |
| districts, or of municipal wards or districts, or for the
first | 13 |
| election following the initial establishment of such districts | 14 |
| or
wards in a county or municipality, nomination papers
for an | 15 |
| independent candidate for county board member, or for alderman | 16 |
| or
trustee of such municipality, shall be signed by qualified | 17 |
| voters of the
district or ward equal to not less than 5% nor | 18 |
| more than 8% (or 50 more
than the minimum, whichever is | 19 |
| greater) of the total number of votes cast
at the preceding | 20 |
| general or general municipal election, as the case
may be, for | 21 |
| the county or municipal office voted on throughout such county
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| or municipality for which the greatest total number of votes | 23 |
| were cast for
all candidates, divided by the number of | 24 |
| districts or wards, but in any
event not less than 25 qualified | 25 |
| voters of the district or ward. Each voter
signing a nomination | 26 |
| paper shall add to his signature his place of
residence, and |
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| each voter may subscribe to one nomination for such
office to | 2 |
| be filled, and no more: Provided that the name of any
candidate | 3 |
| whose name may appear in any other place upon the ballot shall
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| not be so added by petition for the same office.
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| The person circulating the petition, or the candidate on | 6 |
| whose behalf
the petition is circulated, may strike any | 7 |
| signature from the petition,
provided that;
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| (1) the person striking the signature shall initial the | 9 |
| petition at
the place where the signature is struck; and
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| (2) the person striking the signature shall sign a | 11 |
| certification
listing the page number and line number of | 12 |
| each signature struck from
the petition. Such | 13 |
| certification shall be filed as a part of the
petition.
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| (3) the persons striking signatures from the petition | 15 |
| shall each
sign an additional certificate specifying the | 16 |
| number of certification
pages listing stricken signatures | 17 |
| which are attached to the petition and
the page numbers | 18 |
| indicated on such certifications. The certificate
shall be | 19 |
| filed as a part of the petition, shall be numbered, and | 20 |
| shall
be attached immediately following the last page of | 21 |
| voters' signatures
and before the certifications of | 22 |
| stricken signatures.
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| (4) all of the foregoing requirements shall be | 24 |
| necessary to effect a
valid striking of any signature. The | 25 |
| provisions of this Section
authorizing the striking of | 26 |
| signatures shall not impose any criminal
liability on any |
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| person so authorized for signatures which may be
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| fraudulent.
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| In the case of the offices of Governor and Lieutenant | 4 |
| Governor a
joint petition including one candidate for each of | 5 |
| those offices must be
filed.
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| Every petition for nomination of an independent candidate | 7 |
| for any
office for which candidates of established political | 8 |
| parties are
nominated at the general primary shall be filed | 9 |
| within
the time designated in Section 7-12 of this Act in | 10 |
| regard to nomination at
the general primary of any other | 11 |
| candidate for such office.
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| A candidate for whom a nomination paper has been filed as a | 13 |
| partisan
candidate at a primary election, and who is defeated | 14 |
| for his or her
nomination at the primary election, is | 15 |
| ineligible to be placed on the
ballot as an independent | 16 |
| candidate for election in that general or
consolidated | 17 |
| election.
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| A candidate seeking election to an office for which | 19 |
| candidates of
political parties are nominated by caucus who is | 20 |
| a participant in the
caucus and who is defeated for his or
her | 21 |
| nomination at such caucus, is ineligible to be listed on the | 22 |
| ballot at
that general or consolidated election as an | 23 |
| independent candidate.
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| (Source: P.A. 86-867; 86-875; 86-1028; 86-1348.)
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| (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
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| Sec. 10-6. Time and manner of filing. Certificates
Except | 2 |
| as provided in Section
10-3, certificates of
nomination and | 3 |
| nomination papers for the nomination of candidates for
offices | 4 |
| to be filled by electors of the entire State, or any district
| 5 |
| not entirely within a county, or for congressional, state | 6 |
| legislative or
judicial offices, shall be presented to the | 7 |
| principal office of the
State Board of Elections not more than | 8 |
| 141 nor less than 134
days previous
to the day of election for | 9 |
| which the candidates are nominated. The
State Board of | 10 |
| Elections shall endorse the certificates of nomination or
| 11 |
| nomination papers, as the case may be, and the date and hour of
| 12 |
| presentment to it. Except as otherwise provided in this | 13 |
| section, all
other certificates for the nomination of | 14 |
| candidates shall be filed with
the county clerk of the | 15 |
| respective counties not more than 141 but at
least 134 days | 16 |
| previous to the day of such election. Certificates
of
| 17 |
| nomination and nomination papers for the nomination of | 18 |
| candidates for
the offices of political subdivisions to be | 19 |
| filled at regular elections
other than the general election | 20 |
| shall be filed with the local election
official of such | 21 |
| subdivision:
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| (1) (Blank);
| 23 |
| (2) not more than 78 nor less than 71 days prior to the
| 24 |
| consolidated
election; or
| 25 |
| (3) not more than 78 nor less than 71 days prior to the | 26 |
| general
primary in the case of municipal offices to be |
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| filled at the general
primary election; or
| 2 |
| (4) not more than 78 nor less than 71 days before the
| 3 |
| consolidated
primary in the case of municipal offices to be | 4 |
| elected on a nonpartisan
basis pursuant to law (including | 5 |
| without limitation, those municipal
offices subject to | 6 |
| Articles 4 and 5 of the Municipal Code); or
| 7 |
| (5) not more than 78 nor less than 71 days before the | 8 |
| municipal
primary in even numbered years for such | 9 |
| nonpartisan municipal offices
where annual elections are | 10 |
| provided; or
| 11 |
| (6) in the case of petitions for the office of | 12 |
| multi-township assessor,
such petitions shall be filed | 13 |
| with the election authority not more than
78 nor less than | 14 |
| 71 days before the consolidated election.
| 15 |
| However, where a political subdivision's boundaries are | 16 |
| co-extensive
with or are entirely within the jurisdiction of a | 17 |
| municipal board of
election commissioners, the certificates of | 18 |
| nomination and nomination
papers for candidates for such | 19 |
| political subdivision offices shall be filed
in the office of | 20 |
| such Board.
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| (Source: P.A. 90-358, eff. 1-1-98; 91-317, eff. 7-29-99.)
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