Full Text of HB6217 96th General Assembly
HB6217 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6217
Introduced 2/11/2010, by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/3.1-20-45 |
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65 ILCS 5/3.1-25-20 |
from Ch. 24, par. 3.1-25-20 |
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Amends the Illinois Municipal Code. In provisions concerning nonpartisan primary elections, provides that an office is uncontested if not more than twice the number of persons (now, not more than 4 persons) to be nominated for each office have timely filed valid nominating papers. In provisions concerning write-in candidates, provides that a primary ballot must be prepared if a write-in candidate increases the number of candidates that have filed to more than twice the number of persons to be nominated for the office.
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A BILL FOR
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HB6217 |
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LRB096 16484 RLJ 31754 b |
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| AN ACT concerning local government.
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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 Illinois Municipal Code is amended by | 5 |
| changing Sections 3.1-20-45 and 3.1-25-20 as follows:
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| (65 ILCS 5/3.1-20-45)
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| Sec. 3.1-20-45. Nonpartisan primary elections; uncontested | 8 |
| office. A city
incorporated under this Code that elects | 9 |
| municipal officers at nonpartisan
primary and
general | 10 |
| elections shall conduct the elections as provided in the | 11 |
| Election Code,
except that
no office for which nomination is | 12 |
| uncontested shall be included on the primary
ballot and
no | 13 |
| primary shall be held for that office. For the purposes of this | 14 |
| Section, an
office is
uncontested if not more than twice the | 15 |
| number of when not more than 4
persons to be nominated for each
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| office
have timely filed valid nominating papers seeking | 17 |
| nomination for the election
to that
office.
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| Notwithstanding the preceding paragraph, when a person (i) | 19 |
| who has not timely
filed valid nomination papers and (ii) who | 20 |
| intends to become a write-in
candidate for
nomination for any | 21 |
| office for which nomination is uncontested files a written
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| statement
or notice of that intent with the proper election | 23 |
| official with whom the
nomination papers
for that office are |
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HB6217 |
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LRB096 16484 RLJ 31754 b |
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| filed, if the write-in candidate increases the number of | 2 |
| candidates that have filed to more than twice the number of | 3 |
| persons to be nominated for the office becomes the fifth | 4 |
| candidate filed , a primary ballot must be prepared and a | 5 |
| primary must
be held for
the office. The statement or notice | 6 |
| must be filed on or before the 61st day
before the consolidated | 7 |
| primary election.
The statement
must
contain (i) the name and | 8 |
| address of the person intending to become a write-in
candidate,
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| (ii) a statement that the person intends to become a write-in | 10 |
| candidate, and
(iii) the office
the person is seeking as a | 11 |
| write-in candidate. An election authority has no
duty to
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| conduct a primary election or prepare a primary ballot unless a | 13 |
| statement
meeting the
requirements of this paragraph is filed | 14 |
| in a timely manner.
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| (Source: P.A. 95-699, eff. 11-9-07.)
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| (65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
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| Sec. 3.1-25-20. Primary election. A village incorporated | 18 |
| under this Code shall
nominate and elect candidates for | 19 |
| president and trustees in nonpartisan
primary and general | 20 |
| elections as provided in Sections 3.1-25-20 through
3.1-25-55
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| until the electors of the village vote to require the partisan | 22 |
| election of
the president and trustees at a referendum in the | 23 |
| manner provided in
Section 3.1-25-65 after January 1, 1992.
The
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| provisions of Sections 3.1-25-20 through 3.1-25-55 shall
apply | 25 |
| to all villages incorporated under this Code that have operated
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HB6217 |
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LRB096 16484 RLJ 31754 b |
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| under those Sections without the adoption of those provisions | 2 |
| by the
referendum provided in Section 3.1-25-60 as well as | 3 |
| those villages that have
adopted those provisions by the | 4 |
| referendum provided in Section 3.1-25-60
until
the electors of | 5 |
| those villages vote to require the partisan election of the
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| president and trustees in the manner provided in Section | 7 |
| 3.1-25-65.
Villages that have nominated and elected candidates | 8 |
| for president and
trustees in partisan elections prior to | 9 |
| January 1, 1992, may continue to
hold partisan elections | 10 |
| without conducting a referendum in the manner
provided in | 11 |
| Section 3.1-25-65.
All
candidates for nomination to be voted | 12 |
| for at all general municipal elections
at which a president or | 13 |
| trustees, or both, are to be elected under this
Article shall | 14 |
| be nominated from the village at large by a primary election.
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| Notwithstanding any other provision of law, no primary | 16 |
| shall be held in any
village when the nomination for every | 17 |
| office to be voted upon by the electors
of the village is | 18 |
| uncontested. If the nomination of candidates is uncontested
as | 19 |
| to one or more, but not all, of the offices to be voted upon by | 20 |
| the electors
of the village, then a primary must be held in the | 21 |
| village, provided that the
primary ballot shall not include | 22 |
| those offices in the village for which the
nomination is | 23 |
| uncontested. For the purposes of this Section, an office is
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| uncontested when not more than twice the number of persons to | 25 |
| be nominated to the
office have timely filed valid nominating | 26 |
| papers seeking nomination for
election to that office.
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HB6217 |
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LRB096 16484 RLJ 31754 b |
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| Notwithstanding the preceding paragraph, when a person (i) | 2 |
| who has not timely
filed valid nomination papers and (ii) who | 3 |
| intends to become a write-in
candidate for nomination for any | 4 |
| office for which nomination is uncontested
files a written | 5 |
| statement or notice of that intent with the proper election
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| official with whom the nomination papers for that office are | 7 |
| filed, if the write-in candidate increases the number of | 8 |
| candidates that have filed to more than twice the number of | 9 |
| persons to be nominated for the office, a primary
ballot must | 10 |
| be prepared and a primary must be held for the office. The
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| statement or notice must be filed on or before the 61st day | 12 |
| before the
consolidated primary election. The statement
must | 13 |
| contain (i) the name and address of the person intending to | 14 |
| become a
write-in candidate, (ii) a statement that the person | 15 |
| intends to become a
write-in candidate, and (iii) the office | 16 |
| the person is seeking as a write-in
candidate. An election | 17 |
| authority has no duty to conduct a primary election or
prepare | 18 |
| a primary ballot unless a statement meeting the requirements of | 19 |
| this
paragraph is filed in a timely manner.
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| Only the names of those persons nominated in the manner | 21 |
| prescribed in
Sections 3.1-25-20 through 3.1-25-65 shall be | 22 |
| placed on
the ballot at the general municipal election.
The | 23 |
| village clerk shall certify the offices to be filled and the | 24 |
| candidates
for those offices to the proper election authority
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| as provided in the general election law. A primary for those | 26 |
| offices, if
required, shall be held in accordance with
the |
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HB6217 |
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LRB096 16484 RLJ 31754 b |
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| general election law.
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| (Source: P.A. 91-57, eff. 6-30-99.)
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