Full Text of SB1582 96th General Assembly
SB1582sam001 96TH GENERAL ASSEMBLY
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Sen. A. J. Wilhelmi
Filed: 3/24/2009
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| AMENDMENT TO SENATE BILL 1582
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| AMENDMENT NO. ______. Amend Senate Bill 1582 on page 1, in | 3 |
| line 5, by replacing "and 7A-1" with ", 7-12, 7A-1, and 10-7"; | 4 |
| and | 5 |
| on page 15, by inserting below line 6 the following:
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| "(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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| Sec. 7-12.
All petitions for nomination shall be filed by | 8 |
| mail or
in person as follows:
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| (1) Where the nomination is to be made for a State, | 10 |
| congressional, or
judicial office, or for any office a | 11 |
| nomination for which is made for a
territorial division or | 12 |
| district which comprises more than one county or
is partly in | 13 |
| one county and partly in another county or counties, then,
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| except as otherwise provided in this Section, such petition for | 15 |
| nomination
shall be filed in the principal office of the State | 16 |
| Board of Elections not
more than 99 and not less than 92 days |
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| prior to the date of the primary,
but, in the case of petitions | 2 |
| for nomination to fill a vacancy by special
election in the | 3 |
| office of representative in Congress from this State, such
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| petition for nomination shall be filed in the principal office | 5 |
| of the State
Board of Elections not more than 57 days and not | 6 |
| less than 50 days prior to
the date of the primary.
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| Where a vacancy occurs in the office of Supreme, Appellate | 8 |
| or Circuit
Court Judge within the 3-week period preceding the | 9 |
| 92nd day before a
general primary election, petitions for | 10 |
| nomination for the office in which
the vacancy has occurred | 11 |
| shall be filed in the principal office of the
State Board of | 12 |
| Elections not more than 78 nor less than 71 days prior to
the | 13 |
| date of the general primary election.
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| Where the nomination is to be made for delegates or | 15 |
| alternate
delegates to a national nominating convention, then | 16 |
| such petition for
nomination shall be filed in the principal | 17 |
| office of the State Board of
Elections not more than 99 and not | 18 |
| less than 92 days prior to the date of
the primary; provided, | 19 |
| however, that if the rules or policies of a national
political | 20 |
| party conflict with such requirements for filing petitions for
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| nomination for delegates or alternate delegates to a national | 22 |
| nominating
convention, the chairman of the State central | 23 |
| committee of such national
political party shall notify the | 24 |
| Board in writing, citing by reference the
rules or policies of | 25 |
| the national political party in conflict, and in such
case the | 26 |
| Board shall direct such petitions to be filed not more than 69 |
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| and
not less than 62 days prior to the date of the primary.
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| (2) Where the nomination is to be made for a county office | 3 |
| or trustee
of a sanitary district then such petition shall be | 4 |
| filed in the office
of the county clerk not more than 99 nor | 5 |
| less than 92 days prior to the
date of the primary.
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| (3) Where the nomination is to be made for a municipal or | 7 |
| township
office, such petitions for nomination shall be filed | 8 |
| in the office of
the local election official, not more than 78 | 9 |
| nor less than 71 days
prior to the date of the primary; | 10 |
| provided, where a municipality's or
township's boundaries are | 11 |
| coextensive with or are entirely within the
jurisdiction of a | 12 |
| municipal board of election commissioners, the petitions
shall | 13 |
| be filed in the office of such board; and provided, that | 14 |
| petitions
for the office of multi-township assessor shall be | 15 |
| filed with the election
authority.
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| (4) The petitions of candidates for State central | 17 |
| committeeman shall
be filed in the principal office of the | 18 |
| State Board of Elections not
more than 99 nor less than 92 days | 19 |
| prior to the date of the primary.
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| (5) Petitions of candidates for precinct, township or ward
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| committeemen shall be filed in the office of the county clerk | 22 |
| not more
than 99 nor less than 92 days prior to the date of the | 23 |
| primary.
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| (6) The State Board of Elections and the various election | 25 |
| authorities
and local election officials with whom such | 26 |
| petitions for nominations
are filed shall specify the place |
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| where filings shall be made and upon
receipt shall endorse | 2 |
| thereon the day and hour on which each petition
was filed. All | 3 |
| petitions filed by persons waiting in line as of 8:00
a.m. on | 4 |
| the first day for filing, or as of the normal opening hour of
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| the office involved on such day, shall be deemed filed as of | 6 |
| 8:00 a.m.
or the normal opening hour, as the case may be. | 7 |
| Petitions filed by mail
and received after midnight of the | 8 |
| first day for filing and in the first
mail delivery or pickup | 9 |
| of that day shall be deemed as filed as of 8:00
a.m. of that day | 10 |
| or as of the normal opening hour of such day, as the
case may | 11 |
| be. All petitions received thereafter shall be deemed as filed
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| in the order of actual receipt. Where 2 or more petitions are | 13 |
| received
simultaneously, the State Board of Elections or the | 14 |
| various election
authorities or local election officials with | 15 |
| whom such petitions are
filed shall break ties and determine | 16 |
| the order of filing, by means of a
lottery or other fair and | 17 |
| impartial method of random selection approved
by the State | 18 |
| Board of Elections. Such lottery shall be conducted within
9 | 19 |
| days following the last day for petition filing and shall be | 20 |
| open to the
public. Seven days written notice of the time and | 21 |
| place of conducting such
random selection shall be given by the | 22 |
| State Board of Elections to the
chairman of the State central | 23 |
| committee of each established political
party, and by each | 24 |
| election authority or local election official, to the
County | 25 |
| Chairman of each established political party, and to each
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| organization of citizens within the election jurisdiction |
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| which was
entitled, under this Article, at the next preceding | 2 |
| election, to have
pollwatchers present on the day of election. | 3 |
| The State Board of Elections,
election authority or local | 4 |
| election official shall post in a conspicuous,
open and public | 5 |
| place, at the entrance of the office, notice of the time
and | 6 |
| place of such lottery. The State Board of Elections shall adopt | 7 |
| rules
and regulations governing the procedures for the conduct | 8 |
| of such lottery.
All candidates shall be certified in the order | 9 |
| in which their petitions
have been filed. Where candidates have | 10 |
| filed simultaneously, they shall be
certified in the order | 11 |
| determined by lot and prior to candidates who filed
for the | 12 |
| same office at a later time.
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| (7) The State Board of Elections or the appropriate | 14 |
| election
authority or local election official with whom such a | 15 |
| petition for
nomination is filed shall notify the person for | 16 |
| whom a petition for
nomination has been filed of the obligation | 17 |
| to file statements of
organization, reports of campaign | 18 |
| contributions, and annual reports of
campaign contributions | 19 |
| and expenditures under Article 9 of this Act.
Such notice shall | 20 |
| be given in the manner prescribed by paragraph (7) of
Section | 21 |
| 9-16 of this Code.
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| (8) Nomination papers filed under this Section are not | 23 |
| valid if the
candidate named therein fails to file a statement | 24 |
| of economic interests
as required by the Illinois Governmental | 25 |
| Ethics Act in relation to his
candidacy with the appropriate | 26 |
| officer by the end of the period for the
filing of nomination |
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| papers unless he has filed a statement of economic
interests in | 2 |
| relation to the same governmental unit with that officer
within | 3 |
| a year preceding the date on which such nomination papers were
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| filed. If the nomination papers of any candidate and the | 5 |
| statement of
economic interest of that candidate are not | 6 |
| required to be filed with
the same officer, the candidate must | 7 |
| file with the officer with whom the
nomination papers are filed | 8 |
| a receipt from the officer with whom the
statement of economic | 9 |
| interests is filed showing the date on which such
statement was | 10 |
| filed. Such receipt shall be so filed not later than the
last | 11 |
| day on which nomination papers may be filed.
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| (9) Any person for whom a petition for nomination, or for | 13 |
| committeeman or
for delegate or alternate delegate to a | 14 |
| national nominating convention has
been filed may cause his | 15 |
| name to be withdrawn by request in writing, signed
by him and | 16 |
| duly acknowledged before an officer qualified to take
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| acknowledgments of deeds, and filed in the principal or | 18 |
| permanent branch
office of the State Board of Elections or with | 19 |
| the appropriate election
authority or local election official, | 20 |
| not later than the date of
certification of candidates for the | 21 |
| consolidated primary or general primary
ballot. No names so | 22 |
| withdrawn shall be certified or printed on the
primary ballot. | 23 |
| If petitions for nomination have been filed for the
same person | 24 |
| with respect to more than one political party, his name
shall | 25 |
| not be certified nor printed on the primary ballot of any | 26 |
| party.
If petitions for nomination have been filed for the same |
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| person for 2 or
more offices which are incompatible so that the | 2 |
| same person could not
serve in more than one of such offices if | 3 |
| elected, that person must
withdraw as a candidate for all but | 4 |
| one of such offices within the
5 business days following the | 5 |
| last day for petition filing. If he fails to
withdraw as a | 6 |
| candidate for all but one of such offices within such time
his | 7 |
| name shall not be certified, nor printed on the primary ballot, | 8 |
| for any
office. For the purpose of the foregoing provisions, an | 9 |
| office in a
political party is not incompatible with any other | 10 |
| office.
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| (10) (a) Notwithstanding the provisions of any other | 12 |
| statute, no primary
shall be held for an established | 13 |
| political party in any township,
municipality, or ward | 14 |
| thereof, where the nomination of such
party for every | 15 |
| office to be voted upon by the electors of such
township, | 16 |
| municipality, or ward thereof, is uncontested. Whenever a
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| political party's nomination of candidates is uncontested | 18 |
| as to one or
more, but not all, of the offices to be voted | 19 |
| upon by the electors of a
township, municipality, or ward | 20 |
| thereof, then a primary shall
be held for that party in | 21 |
| such township, municipality, or ward thereof;
provided | 22 |
| that the primary ballot shall not include those offices
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| within such township, municipality, or ward thereof, for | 24 |
| which the
nomination is uncontested. For purposes of this | 25 |
| Article, the nomination
of an established political party | 26 |
| of a candidate for election to an office
shall be deemed to |
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| be uncontested where not more than the number of persons
to | 2 |
| be nominated have timely filed valid nomination papers | 3 |
| seeking the
nomination of such party for election to such | 4 |
| office.
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| (b) Notwithstanding the provisions of any other | 6 |
| statute, no primary
election shall be held for an | 7 |
| established political party for any special
primary | 8 |
| election called for the purpose of filling a vacancy in the | 9 |
| office
of representative in the United States Congress | 10 |
| where the nomination of
such political party for said | 11 |
| office is uncontested. For the purposes of
this Article, | 12 |
| the nomination of an established political party of a
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| candidate for election to said office shall be deemed to be | 14 |
| uncontested
where not more than the number of persons to be | 15 |
| nominated have timely filed
valid nomination papers | 16 |
| seeking the nomination of such established party
for | 17 |
| election to said office. This subsection (b) shall not | 18 |
| apply if such
primary election is conducted on a regularly | 19 |
| scheduled election day.
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| (c) Notwithstanding the provisions in subparagraph (a) | 21 |
| and (b) of this
paragraph (10), whenever a person who has | 22 |
| not timely filed valid nomination
papers and who intends to | 23 |
| become a write-in candidate for a political
party's | 24 |
| nomination for any office for which the nomination is | 25 |
| uncontested
files a written statement or notice of that | 26 |
| intent with the State Board of
Elections or the local |
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| election official with whom nomination papers for
such | 2 |
| office are filed, a primary ballot shall be prepared and a | 3 |
| primary
shall be held for that office. Such statement or | 4 |
| notice shall be filed on
or before the date established in | 5 |
| this Article for certifying candidates
for the primary | 6 |
| ballot. Such statement or notice shall contain (i) the
name | 7 |
| and address of the person intending to become a write-in | 8 |
| candidate,
(ii) a statement that the person is a qualified | 9 |
| primary elector of the
political party from whom the | 10 |
| nomination is sought, (iii) a statement that
the person | 11 |
| intends to become a write-in candidate for the party's
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| nomination, and (iv) the office the person is seeking as a | 13 |
| write-in
candidate. An election authority shall have no | 14 |
| duty to conduct a primary
and prepare a primary ballot for | 15 |
| any office for which the nomination is
uncontested unless a | 16 |
| statement or notice meeting the requirements of this
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| Section is filed in a timely manner.
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| (11) If multiple sets of nomination papers are filed for a | 19 |
| candidate to
the same office, the State Board of Elections, | 20 |
| appropriate election
authority or local election official | 21 |
| where the petitions are filed shall
within 2 business days | 22 |
| notify the candidate of his or her multiple petition
filings | 23 |
| and that the candidate has 3 business days after receipt of the
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| notice to notify the State Board of Elections, appropriate | 25 |
| election
authority or local election official that he or she | 26 |
| may cancel prior sets
of petitions. If the candidate notifies |
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| the State Board of Elections,
appropriate election authority or | 2 |
| local election official, the last set of
petitions filed shall | 3 |
| be the only petitions to be considered valid by the
State Board | 4 |
| of Elections, election authority or local election official. If
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| the candidate fails to notify the State Board of Elections, | 6 |
| election authority
or local
election official then only the | 7 |
| first set of petitions filed shall be valid
and all subsequent | 8 |
| petitions shall be void.
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| (12) All nominating petitions shall be available for public | 10 |
| inspection
and shall be preserved for a period of not less than | 11 |
| 6 months. No listing of candidates may include the residence | 12 |
| address of a candidate for judicial office. Following the date | 13 |
| of the primary election for which the petition was filed, the | 14 |
| State Board of Elections shall remove the address of a judicial | 15 |
| candidate from any original petition before its inspection and | 16 |
| from any copy of the petition before its receipt by the | 17 |
| individual who ordered the copy.
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| (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; | 19 |
| 87-1052.)"; and
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| on page 16, by inserting below line 18 the following: | 21 |
| " No listing of candidates may include the residence address | 22 |
| of a candidate for judicial office. Following the date of the | 23 |
| general election for which the declaration of candidacy was | 24 |
| filed, the State Board of Elections or Secretary of State shall |
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| remove the address of a judicial candidate from any original | 2 |
| declaration before its inspection and from any copy of the | 3 |
| declaration before its receipt by the individual who ordered | 4 |
| the copy. "; and | 5 |
| on page 16, by inserting below line 19 the following:
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| "(10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
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| Sec. 10-7.
Any person whose name has been presented as a | 8 |
| candidate
may cause his name to be withdrawn from any such | 9 |
| nomination by his
request in writing, signed by him and duly | 10 |
| acknowledged before an
officer qualified to take | 11 |
| acknowledgment of deeds, and presented to the
principal office | 12 |
| or permanent branch office of the Board, the election
| 13 |
| authority, or the local election official, as the case may be, | 14 |
| not later
than the date for certification of candidates for the | 15 |
| ballot. No name so
withdrawn shall be printed upon the ballots | 16 |
| under the party appellation or
title from which the candidate | 17 |
| has withdrawn his name. If the name of the
same person has been | 18 |
| presented as a candidate for 2 or more offices which
are | 19 |
| incompatible so that the same person could not serve in more | 20 |
| than one
of such offices if elected, that person must withdraw | 21 |
| as a candidate for
all but one of such offices within the 5 | 22 |
| business days following the last
day for petition filing. If he | 23 |
| fails to withdraw as a candidate for all
but one of such | 24 |
| offices within such time, his name shall not be certified,
nor |
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| printed on the ballot, for any office. However, nothing in this | 2 |
| section
shall be construed as precluding a judge who is seeking | 3 |
| retention in office
from also being a candidate for another | 4 |
| judicial office. Except as
otherwise herein provided, in case | 5 |
| the certificate of nomination or
petition as provided for in | 6 |
| this Article shall contain or exhibit the name
of any candidate | 7 |
| for any office upon more than one of said certificates or
| 8 |
| petitions (for the same office), then and in that case the | 9 |
| Board or
election authority or local election official, as the | 10 |
| case may be, shall
immediately notify said candidate of said | 11 |
| fact and that his name appears
unlawfully upon more than one of | 12 |
| said certificates or petitions and that
within 3 days from the | 13 |
| receipt of said notification, said candidate must
elect as to | 14 |
| which of said political party appellations or groups he desires
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| his name to appear and remain under upon said ballot, and if | 16 |
| said candidate
refuses, fails or neglects to make such | 17 |
| election, then and in that case the
Board or election authority | 18 |
| or local election official, as the case may be,
shall permit | 19 |
| the name of said candidate to appear or be printed or placed
| 20 |
| upon said ballot only under the political party appellation or | 21 |
| group
appearing on the certificate of nomination or petition, | 22 |
| as the case may be,
first filed, and shall strike or cause to | 23 |
| be stricken the name of said
candidate from all certificates of | 24 |
| nomination and petitions
filed after the first such certificate | 25 |
| of nomination or petition.
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| Whenever the name of a candidate for an office is withdrawn |
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| from a new
political party petition, it shall constitute a | 2 |
| vacancy in nomination for
that office which may be filled in | 3 |
| accordance with Section 10-11 of this
Article; provided, that | 4 |
| if the names of all candidates for all offices on
a new | 5 |
| political party petition are withdrawn or such petition is | 6 |
| declared
invalid by an electoral board or upon judicial review, | 7 |
| no vacancies in
nomination for those offices shall exist and | 8 |
| the filing of any notice or
resolution purporting to fill | 9 |
| vacancies in nomination shall have no legal effect.
| 10 |
| Whenever the name of an independent candidate for an office | 11 |
| is withdrawn
or an independent candidate's petition is declared | 12 |
| invalid by an electoral
board or upon judicial review, no | 13 |
| vacancy in nomination for that office
shall exist and the | 14 |
| filing of any notice or resolution purporting to fill
a vacancy | 15 |
| in nomination shall have no legal effect.
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| All certificates of nomination and nomination papers when | 17 |
| presented or
filed shall be open, under proper regulation, to | 18 |
| public inspection, and the
State Board of Elections and the | 19 |
| several election authorities and local
election officials | 20 |
| having charge of nomination papers shall preserve the
same in | 21 |
| their respective offices not less than 6 months. No listing of | 22 |
| candidates may include the residence address of a candidate for | 23 |
| judicial office. Following the date of the primary election for | 24 |
| which the petition was filed, the State Board of Elections | 25 |
| shall remove the address of a judicial candidate from any | 26 |
| original petition before its inspection and from any copy of |
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| the petition before its receipt by the individual who ordered | 2 |
| the copy.
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| (Source: P.A. 86-875.)".
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