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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||||||||||||||||||||||
5 | Sections 7-9, 7-12, 7-16, 7-43, 9-3, 9-15, 10-6.1, 19-4, 19-6, | |||||||||||||||||||||||||||||||||||||||||||||||
6 | 19A-70, 28-12, and 29B-10 as follows:
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7 | (10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
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8 | Sec. 7-9. County central committee; county and State | |||||||||||||||||||||||||||||||||||||||||||||||
9 | conventions.
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10 | (a) On the 29th day next succeeding the primary at which
| |||||||||||||||||||||||||||||||||||||||||||||||
11 | committeemen are elected, the county central committee of each | |||||||||||||||||||||||||||||||||||||||||||||||
12 | political
party shall meet within the county and proceed to
| |||||||||||||||||||||||||||||||||||||||||||||||
13 | organize by electing from its own number a chairman and either | |||||||||||||||||||||||||||||||||||||||||||||||
14 | from its
own number, or otherwise, such other officers as such | |||||||||||||||||||||||||||||||||||||||||||||||
15 | committee may deem
necessary or expedient. Such meeting of the | |||||||||||||||||||||||||||||||||||||||||||||||
16 | county central committee
shall be known as the county | |||||||||||||||||||||||||||||||||||||||||||||||
17 | convention.
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18 | The chairman of each county committee shall within 10 days | |||||||||||||||||||||||||||||||||||||||||||||||
19 | after the
organization, forward to the State Board of | |||||||||||||||||||||||||||||||||||||||||||||||
20 | Elections, the names and
post office addresses of the officers, | |||||||||||||||||||||||||||||||||||||||||||||||
21 | precinct committeemen and
representative committeemen elected | |||||||||||||||||||||||||||||||||||||||||||||||
22 | by his political party.
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23 | The county convention of each political party shall choose |
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| |||||||
1 | delegates
to the State convention of its party; but in any | ||||||
2 | county having within
its limits any city having a population of | ||||||
3 | 200,000, or over the
delegates from such city shall be chosen | ||||||
4 | by wards, the ward committeemen
from the respective wards | ||||||
5 | choosing the number of delegates to which such
ward is entitled | ||||||
6 | on the basis prescribed in paragraph (e) of this
Section such | ||||||
7 | delegates to be members of the delegation to the State
| ||||||
8 | convention from such county. In all counties containing a | ||||||
9 | population of
2,000,000 or more outside of cities having a | ||||||
10 | population of 200,000 or
more, the delegates from each of the | ||||||
11 | townships or parts of townships as
the case may be shall be | ||||||
12 | chosen by townships or parts of townships as
the case may be, | ||||||
13 | the township committeemen from the respective townships
or | ||||||
14 | parts of townships as the case may be choosing the number of
| ||||||
15 | delegates to which such townships or parts of townships as the | ||||||
16 | case may
be are entitled, on the basis prescribed in paragraph | ||||||
17 | (e) of this
Section such delegates to be members of the | ||||||
18 | delegation to the State
convention from such county.
| ||||||
19 | Each member of the State Central Committee of a political | ||||||
20 | party which
elects its members by Alternative B under paragraph | ||||||
21 | (a) of Section 7-8
shall be a delegate to the State Convention, | ||||||
22 | ex officio.
| ||||||
23 | Each member of the State Central Committee of a political | ||||||
24 | party which
elects its members by Alternative B under paragraph | ||||||
25 | (a) of Section 7-8 may
appoint 2 delegates to the State | ||||||
26 | Convention who must be residents of the
member's Congressional |
| |||||||
| |||||||
1 | District.
| ||||||
2 | (b) State conventions shall be held within 180 days after | ||||||
3 | the
general primary in the year 2000 and every 4 years | ||||||
4 | thereafter. In the year 1998, and every 4 years thereafter,
the | ||||||
5 | chairman of a State central committee may issue a call for a | ||||||
6 | State
convention within 180 days after the general primary.
| ||||||
7 | The State
convention of each political party has power to | ||||||
8 | make
nominations of candidates of its political party for the | ||||||
9 | electors of
President and Vice President of the United States, | ||||||
10 | and to adopt any party
platform, and, to the
extent determined | ||||||
11 | by the State central committee as provided in Section
7-14, to | ||||||
12 | choose and select delegates and alternate delegates at large to
| ||||||
13 | national nominating conventions. The State Central Committee | ||||||
14 | may adopt
rules to provide for and govern the procedures of the | ||||||
15 | State convention.
| ||||||
16 | (c) The chairman and secretary of each State convention | ||||||
17 | shall,
within 2 days thereafter, transmit to the State Board of | ||||||
18 | Elections of
this State a certificate setting forth the names | ||||||
19 | and addresses of all
persons nominated by such State convention | ||||||
20 | for electors of President and
Vice President of the United | ||||||
21 | States, and of any persons selected by the State
convention for
| ||||||
22 | delegates and alternate delegates at large to national | ||||||
23 | nominating
conventions; and the names of such candidates so | ||||||
24 | chosen by such State
convention for electors of President and | ||||||
25 | Vice President of the United
States, shall be caused by
the | ||||||
26 | State Board of Elections to be printed upon the official ballot |
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| |||||||
1 | at
the general election, in the manner required by law, and | ||||||
2 | shall be
certified to the various county clerks of the proper | ||||||
3 | counties in the
manner as provided in Section 7-60 of this | ||||||
4 | Article 7 for the certifying
of the names of persons nominated | ||||||
5 | by any party for State offices. If and
as long as this Act | ||||||
6 | prescribes that the names of such electors be not
printed on | ||||||
7 | the ballot, then the names of such electors shall be
certified | ||||||
8 | in such manner as may be prescribed by the parts of this Act
| ||||||
9 | applicable thereto.
| ||||||
10 | (d) Each convention may perform all other functions | ||||||
11 | inherent to such
political organization and not inconsistent | ||||||
12 | with this Article.
| ||||||
13 | (e) At least 33 days before the date of a State convention, | ||||||
14 | the chairman of the State central committee of each political
| ||||||
15 | party shall file in the principal office of the State Board of
| ||||||
16 | Elections a call for the State convention. Such call shall | ||||||
17 | state, among
other things, the time and place (designating the | ||||||
18 | building or hall) for
holding the State convention. Such call | ||||||
19 | shall be signed by the chairman
and attested by the secretary | ||||||
20 | of the committee. In such convention each
county shall be | ||||||
21 | entitled to one delegate for each 500 ballots voted by
the | ||||||
22 | primary electors of the party in such county at the most recent | ||||||
23 | general primary to be
held prior to the convention next after | ||||||
24 | the issuance of such call ; and if in such county, less
than 500 | ||||||
25 | ballots are so voted or if the number of ballots so voted is
| ||||||
26 | not exactly a multiple of 500, there shall be one delegate for |
| |||||||
| |||||||
1 | such
group which is less than 500, or for such group | ||||||
2 | representing the number
of votes over the multiple of 500, | ||||||
3 | which delegate shall have 1/500 of
one vote for each primary | ||||||
4 | vote so represented by him. The call for such
convention shall | ||||||
5 | set forth this paragraph (e) of Section 7-9 in full and
shall | ||||||
6 | direct that the number of delegates to be chosen be calculated | ||||||
7 | in
compliance herewith and that such number of delegates be | ||||||
8 | chosen.
| ||||||
9 | (f) All precinct, township and ward committeemen when | ||||||
10 | elected as
provided in this Section shall serve as though | ||||||
11 | elected at large
irrespective of any changes that may be made | ||||||
12 | in precinct, township or
ward boundaries and the voting | ||||||
13 | strength of each committeeman shall
remain as provided in this | ||||||
14 | Section for the entire time for which he is
elected.
| ||||||
15 | (g) The officers elected at any convention provided for in | ||||||
16 | this
Section shall serve until their successors are elected as | ||||||
17 | provided in
this Act.
| ||||||
18 | (h) A special meeting of any central committee may be | ||||||
19 | called by the
chairman, or by not less than 25% of the members | ||||||
20 | of such committee, by
giving 5 days notice to members of such | ||||||
21 | committee in writing designating
the time and place at which | ||||||
22 | such special meeting is to be held and the
business which it is | ||||||
23 | proposed to present at such special meeting.
| ||||||
24 | (i) Except as otherwise provided in this Act, whenever a | ||||||
25 | vacancy
exists in the office of precinct committeeman because | ||||||
26 | no one was elected
to that office or because the precinct |
| |||||||
| |||||||
1 | committeeman ceases to reside in
the precinct or for any other | ||||||
2 | reason, the chairman of the county
central committee of the | ||||||
3 | appropriate political party may fill the
vacancy in such office | ||||||
4 | by appointment of a qualified resident of the
county and the | ||||||
5 | appointed precinct committeeman shall serve as though
elected; | ||||||
6 | however, no such appointment may be made between the general
| ||||||
7 | primary election and the 30th day after the general primary | ||||||
8 | election.
| ||||||
9 | (j) If the number of Congressional Districts in the State | ||||||
10 | of Illinois
is reduced as a result of reapportionment of | ||||||
11 | Congressional Districts
following a federal decennial census, | ||||||
12 | the State Central Committeemen and
Committeewomen of a | ||||||
13 | political
party which elects its State Central
Committee by | ||||||
14 | either Alternative A or by Alternative B under paragraph (a)
of | ||||||
15 | Section 7-8 who were
previously elected shall continue to serve | ||||||
16 | as if no reapportionment had
occurred until the expiration of | ||||||
17 | their terms.
| ||||||
18 | (Source: P.A. 93-847, eff. 7-30-04.)
| ||||||
19 | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| ||||||
20 | Sec. 7-12. All petitions for nomination shall be filed by | ||||||
21 | mail or
in person as follows: | ||||||
22 | (1) Where the nomination is to be made for a State, | ||||||
23 | congressional, or
judicial office, or for any office a | ||||||
24 | nomination for which is made for a
territorial division or | ||||||
25 | district which comprises more than one county or
is partly |
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| |||||||
1 | in one county and partly in another county or counties, | ||||||
2 | then,
except as otherwise provided in this Section, such | ||||||
3 | petition for nomination
shall be filed in the principal | ||||||
4 | office of the State Board of Elections not
more than 113 | ||||||
5 | and not less than 106 days prior to the date of the | ||||||
6 | primary,
but, in the case of petitions for nomination to | ||||||
7 | fill a vacancy by special
election in the office of | ||||||
8 | representative in Congress from this State, such
petition | ||||||
9 | for nomination shall be filed in the principal office of | ||||||
10 | the State
Board of Elections not more than 57 days and not | ||||||
11 | less than 50 days prior to
the date of the primary.
| ||||||
12 | Where a vacancy occurs in the office of Supreme, | ||||||
13 | Appellate or Circuit
Court Judge within the 3-week period | ||||||
14 | preceding the 106th day before a
general primary election, | ||||||
15 | petitions for nomination for the office in which
the | ||||||
16 | vacancy has occurred shall be filed in the principal office | ||||||
17 | of the
State Board of Elections not more than 92 nor less | ||||||
18 | than 85 days prior to
the date of the general primary | ||||||
19 | election.
| ||||||
20 | Where the nomination is to be made for delegates or | ||||||
21 | alternate
delegates to a national nominating convention, | ||||||
22 | then such petition for
nomination shall be filed in the | ||||||
23 | principal office of the State Board of
Elections not more | ||||||
24 | than 113 and not less than 106 days prior to the date of
| ||||||
25 | the primary; provided, however, that if the rules or | ||||||
26 | policies of a national
political party conflict with such |
| |||||||
| |||||||
1 | requirements for filing petitions for
nomination for | ||||||
2 | delegates or alternate delegates to a national nominating
| ||||||
3 | convention, the chairman of the State central committee of | ||||||
4 | such national
political party shall notify the Board in | ||||||
5 | writing, citing by reference the
rules or policies of the | ||||||
6 | national political party in conflict, and in such
case the | ||||||
7 | Board shall direct such petitions to be filed in accordance | ||||||
8 | with the delegate selection plan adopted by the state | ||||||
9 | central committee of such national political party.
| ||||||
10 | (2) Where the nomination is to be made for a county | ||||||
11 | office or trustee
of a sanitary district then such petition | ||||||
12 | shall be filed in the office
of the county clerk not more | ||||||
13 | than 113 nor less than 106 days prior to the
date of the | ||||||
14 | primary.
| ||||||
15 | (3) Where the nomination is to be made for a municipal | ||||||
16 | or township
office, such petitions for nomination shall be | ||||||
17 | filed in the office of
the local election official, not | ||||||
18 | more than 99 nor less than 92 days
prior to the date of the | ||||||
19 | primary; provided, where a municipality's or
township's | ||||||
20 | boundaries are coextensive with or are entirely within the
| ||||||
21 | jurisdiction of a municipal board of election | ||||||
22 | commissioners, the petitions
shall be filed in the office | ||||||
23 | of such board; and provided, that petitions
for the office | ||||||
24 | of multi-township assessor shall be filed with the election
| ||||||
25 | authority.
| ||||||
26 | (4) The petitions of candidates for State central |
| |||||||
| |||||||
1 | committeeman shall
be filed in the principal office of the | ||||||
2 | State Board of Elections not
more than 113 nor less than | ||||||
3 | 106 days prior to the date of the primary.
| ||||||
4 | (5) Petitions of candidates for precinct, township or | ||||||
5 | ward
committeemen shall be filed in the office of the | ||||||
6 | county clerk not more
than 113 nor less than 106 days prior | ||||||
7 | to the date of the primary.
| ||||||
8 | (6) The State Board of Elections and the various | ||||||
9 | election authorities
and local election officials with | ||||||
10 | whom such petitions for nominations
are filed shall specify | ||||||
11 | the place where filings shall be made and upon
receipt | ||||||
12 | shall endorse thereon the day and hour on which each | ||||||
13 | petition
was filed. All petitions filed by persons waiting | ||||||
14 | in line as of 8:00
a.m. on the first day for filing, or as | ||||||
15 | of the normal opening hour of
the office involved on such | ||||||
16 | day, shall be deemed filed as of 8:00 a.m.
or the normal | ||||||
17 | opening hour, as the case may be. Petitions filed by mail
| ||||||
18 | and received after midnight of the first day for filing and | ||||||
19 | in the first
mail delivery or pickup of that day shall be | ||||||
20 | deemed as filed as of 8:00
a.m. of that day or as of the | ||||||
21 | normal opening hour of such day, as the
case may be. All | ||||||
22 | petitions received thereafter shall be deemed as filed
in | ||||||
23 | the order of actual receipt. However, 2 or more petitions | ||||||
24 | filed within the last hour of the filing deadline shall be | ||||||
25 | deemed filed simultaneously. Where 2 or more petitions are | ||||||
26 | received
simultaneously, the State Board of Elections or |
| |||||||
| |||||||
1 | the various election
authorities or local election | ||||||
2 | officials with whom such petitions are
filed shall break | ||||||
3 | ties and determine the order of filing, by means of a
| ||||||
4 | lottery or other fair and impartial method of random | ||||||
5 | selection approved
by the State Board of Elections. Such | ||||||
6 | lottery shall be conducted within
9 days following the last | ||||||
7 | day for petition filing and shall be open to the
public. | ||||||
8 | Seven days written notice of the time and place of | ||||||
9 | conducting such
random selection shall be given by the | ||||||
10 | State Board of Elections to the
chairman of the State | ||||||
11 | central committee of each established political
party, and | ||||||
12 | by each election authority or local election official, to | ||||||
13 | the
County Chairman of each established political party, | ||||||
14 | and to each
organization of citizens within the election | ||||||
15 | jurisdiction which was
entitled, under this Article, at the | ||||||
16 | next preceding election, to have
pollwatchers present on | ||||||
17 | the day of election. The State Board of Elections,
election | ||||||
18 | authority or local election official shall post in a | ||||||
19 | conspicuous,
open and public place, at the entrance of the | ||||||
20 | office, notice of the time
and place of such lottery. The | ||||||
21 | State Board of Elections shall adopt rules
and regulations | ||||||
22 | governing the procedures for the conduct of such lottery.
| ||||||
23 | All candidates shall be certified in the order in which | ||||||
24 | their petitions
have been filed. Where candidates have | ||||||
25 | filed simultaneously, they shall be
certified in the order | ||||||
26 | determined by lot and prior to candidates who filed
for the |
| |||||||
| |||||||
1 | same office at a later time.
| ||||||
2 | (7) The State Board of Elections or the appropriate | ||||||
3 | election
authority or local election official with whom | ||||||
4 | such a petition for
nomination is filed shall notify the | ||||||
5 | person for whom a petition for
nomination has been filed of | ||||||
6 | the obligation to file campaign disclosure documents | ||||||
7 | statements of
organization, reports of campaign | ||||||
8 | contributions, and annual reports of
campaign | ||||||
9 | contributions and expenditures under Article 9 of this Act | ||||||
10 | and the penalties for failure to file .
Such notice shall be | ||||||
11 | given in the manner prescribed in by paragraph (7) of
| ||||||
12 | Section 9-16 of this Code.
| ||||||
13 | (8) Nomination papers filed under this Section are not | ||||||
14 | valid if the
candidate named therein fails to file a | ||||||
15 | statement of economic interests
as required by the Illinois | ||||||
16 | Governmental Ethics Act in relation to his
candidacy with | ||||||
17 | the appropriate officer by the end of the period for the
| ||||||
18 | filing of nomination papers unless he has filed a statement | ||||||
19 | of economic
interests in relation to the same governmental | ||||||
20 | unit with that officer
within a year preceding the date on | ||||||
21 | which such nomination papers were
filed. If the nomination | ||||||
22 | papers of any candidate and the statement of
economic | ||||||
23 | interest of that candidate are not required to be filed | ||||||
24 | with
the same officer, the candidate must file with the | ||||||
25 | officer with whom the
nomination papers are filed a receipt | ||||||
26 | from the officer with whom the
statement of economic |
| |||||||
| |||||||
1 | interests is filed showing the date on which such
statement | ||||||
2 | was filed. Such receipt shall be so filed not later than | ||||||
3 | the
last day on which nomination papers may be filed.
| ||||||
4 | (9) Any person for whom a petition for nomination, or | ||||||
5 | for committeeman or
for delegate or alternate delegate to a | ||||||
6 | national nominating convention has
been filed may cause his | ||||||
7 | name to be withdrawn by request in writing, signed
by him | ||||||
8 | and duly acknowledged before an officer qualified to take
| ||||||
9 | acknowledgments of deeds, and filed in the principal or | ||||||
10 | permanent branch
office of the State Board of Elections or | ||||||
11 | with the appropriate election
authority or local election | ||||||
12 | official, not later than the date of
certification of | ||||||
13 | candidates for the consolidated primary or general primary
| ||||||
14 | ballot. No names so withdrawn shall be certified or printed | ||||||
15 | on the
primary ballot. If petitions for nomination have | ||||||
16 | been filed for the
same person with respect to more than | ||||||
17 | one political party, his name
shall not be certified nor | ||||||
18 | printed on the primary ballot of any party.
If petitions | ||||||
19 | for nomination have been filed for the same person for 2 or
| ||||||
20 | more offices which are incompatible so that the same person | ||||||
21 | could not
serve in more than one of such offices if | ||||||
22 | elected, that person must
withdraw as a candidate for all | ||||||
23 | but one of such offices within the
5 business days | ||||||
24 | following the last day for petition filing. A candidate in | ||||||
25 | a judicial election may file petitions for nomination for | ||||||
26 | only one vacancy in a subcircuit and only one vacancy in a |
| |||||||
| |||||||
1 | circuit in any one filing period, and if petitions for | ||||||
2 | nomination have been filed for the same person for 2 or | ||||||
3 | more vacancies in the same circuit or subcircuit in the | ||||||
4 | same filing period, his or her name shall be certified only | ||||||
5 | for the first vacancy for which the petitions for | ||||||
6 | nomination were filed. If he fails to
withdraw as a | ||||||
7 | candidate for all but one of such offices within such time
| ||||||
8 | his name shall not be certified, nor printed on the primary | ||||||
9 | ballot, for any
office. For the purpose of the foregoing | ||||||
10 | provisions, an office in a
political party is not | ||||||
11 | incompatible with any other office.
| ||||||
12 | (10)(a) Notwithstanding the provisions of any other | ||||||
13 | statute, no primary
shall be held for an established | ||||||
14 | political party in any township,
municipality, or ward | ||||||
15 | thereof, where the nomination of such
party for every | ||||||
16 | office to be voted upon by the electors of such
township, | ||||||
17 | municipality, or ward thereof, is uncontested. Whenever a
| ||||||
18 | political party's nomination of candidates is uncontested | ||||||
19 | as to one or
more, but not all, of the offices to be voted | ||||||
20 | upon by the electors of a
township, municipality, or ward | ||||||
21 | thereof, then a primary shall
be held for that party in | ||||||
22 | such township, municipality, or ward thereof;
provided | ||||||
23 | that the primary ballot shall not include those offices
| ||||||
24 | within such township, municipality, or ward thereof, for | ||||||
25 | which the
nomination is uncontested. For purposes of this | ||||||
26 | Article, the nomination
of an established political party |
| |||||||
| |||||||
1 | of a candidate for election to an office
shall be deemed to | ||||||
2 | be uncontested where not more than the number of persons
to | ||||||
3 | be nominated have timely filed valid nomination papers | ||||||
4 | seeking the
nomination of such party for election to such | ||||||
5 | office.
| ||||||
6 | (b) Notwithstanding the provisions of any other | ||||||
7 | statute, no primary
election shall be held for an | ||||||
8 | established political party for any special
primary | ||||||
9 | election called for the purpose of filling a vacancy in the | ||||||
10 | office
of representative in the United States Congress | ||||||
11 | where the nomination of
such political party for said | ||||||
12 | office is uncontested. For the purposes of
this Article, | ||||||
13 | the nomination of an established political party of a
| ||||||
14 | candidate for election to said office shall be deemed to be | ||||||
15 | uncontested
where not more than the number of persons to be | ||||||
16 | nominated have timely filed
valid nomination papers | ||||||
17 | seeking the nomination of such established party
for | ||||||
18 | election to said office. This subsection (b) shall not | ||||||
19 | apply if such
primary election is conducted on a regularly | ||||||
20 | scheduled election day.
| ||||||
21 | (c) Notwithstanding the provisions in subparagraph (a) | ||||||
22 | and (b) of this
paragraph (10), whenever a person who has | ||||||
23 | not timely filed valid nomination
papers and who intends to | ||||||
24 | become a write-in candidate for a political
party's | ||||||
25 | nomination for any office for which the nomination is | ||||||
26 | uncontested
files a written statement or notice of that |
| |||||||
| |||||||
1 | intent with the State Board of
Elections or the local | ||||||
2 | election official with whom nomination papers for
such | ||||||
3 | office are filed, a primary ballot shall be prepared and a | ||||||
4 | primary
shall be held for that office. Such statement or | ||||||
5 | notice shall be filed on
or before the date established in | ||||||
6 | this Article for certifying candidates
for the primary | ||||||
7 | ballot. Such statement or notice shall contain (i) the
name | ||||||
8 | and address of the person intending to become a write-in | ||||||
9 | candidate,
(ii) a statement that the person is a qualified | ||||||
10 | primary elector of the
political party from whom the | ||||||
11 | nomination is sought, (iii) a statement that
the person | ||||||
12 | intends to become a write-in candidate for the party's
| ||||||
13 | nomination, and (iv) the office the person is seeking as a | ||||||
14 | write-in
candidate. An election authority shall have no | ||||||
15 | duty to conduct a primary
and prepare a primary ballot for | ||||||
16 | any office for which the nomination is
uncontested unless a | ||||||
17 | statement or notice meeting the requirements of this
| ||||||
18 | Section is filed in a timely manner.
| ||||||
19 | (11) If multiple sets of nomination papers are filed | ||||||
20 | for a candidate to
the same office, the State Board of | ||||||
21 | Elections, appropriate election
authority or local | ||||||
22 | election official where the petitions are filed shall
| ||||||
23 | within 2 business days notify the candidate of his or her | ||||||
24 | multiple petition
filings and that the candidate has 3 | ||||||
25 | business days after receipt of the
notice to notify the | ||||||
26 | State Board of Elections, appropriate election
authority |
| |||||||
| |||||||
1 | or local election official that he or she may cancel prior | ||||||
2 | sets
of petitions. If the candidate notifies the State | ||||||
3 | Board of Elections,
appropriate election authority or | ||||||
4 | local election official, the last set of
petitions filed | ||||||
5 | shall be the only petitions to be considered valid by the
| ||||||
6 | State Board of Elections, election authority or local | ||||||
7 | election official. If
the candidate fails to notify the | ||||||
8 | State Board of Elections, election authority
or local
| ||||||
9 | election official then only the first set of petitions | ||||||
10 | filed shall be valid
and all subsequent petitions shall be | ||||||
11 | void.
| ||||||
12 | (12) All nominating petitions shall be available for | ||||||
13 | public inspection
and shall be preserved for a period of | ||||||
14 | not less than 6 months.
| ||||||
15 | (Source: P.A. 96-1008, eff. 7-6-10; 97-81, eff. 7-5-11; | ||||||
16 | 97-1044, eff. 1-1-13.)
| ||||||
17 | (10 ILCS 5/7-16) (from Ch. 46, par. 7-16)
| ||||||
18 | Sec. 7-16.
Each election authority in each county
shall | ||||||
19 | prepare and cause to be printed the primary ballot of each
| ||||||
20 | political party for each precinct in the election authority's | ||||||
21 | his respective jurisdiction.
| ||||||
22 | The election authority shall, at least 45 days prior to the | ||||||
23 | date of the primary
election, have a sufficient number of | ||||||
24 | ballots printed so that such
ballots will be available for | ||||||
25 | mailing 45 days prior to the
primary election to persons who |
| |||||||
| |||||||
1 | have filed application for a ballot
under the provisions of | ||||||
2 | Article 20 of this Act.
| ||||||
3 | (Source: P.A. 80-1469.)
| ||||||
4 | (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
| ||||||
5 | Sec. 7-43. Every person having resided in this State 6 | ||||||
6 | months and
in the precinct 30 days next preceding any primary | ||||||
7 | therein who shall be
a citizen of the United States of the age | ||||||
8 | of 18 or more
years , shall be
entitled to vote at such primary.
| ||||||
9 | The following regulations shall be applicable to | ||||||
10 | primaries:
| ||||||
11 | No person shall be entitled to vote at a primary:
| ||||||
12 | (a) Unless he declares his party affiliations as | ||||||
13 | required by this
Article.
| ||||||
14 | (b) (Blank . ) .
| ||||||
15 | (c) (Blank . ) .
| ||||||
16 | (c.5) If that person has participated in the town | ||||||
17 | political party caucus,
under Section 45-50 of the | ||||||
18 | Township Code, of another political party by
signing an | ||||||
19 | affidavit of voters attending the caucus within 87 45 | ||||||
20 | days before the
first day of the calendar month in | ||||||
21 | which the primary is held.
| ||||||
22 | (d) (Blank . ) .
| ||||||
23 | (e) In cities, villages and incorporated towns having a | ||||||
24 | board of
election commissioners only voters registered as | ||||||
25 | provided by Article 6
of this Act shall be entitled to vote |
| |||||||
| |||||||
1 | at such primary.
| ||||||
2 | (f) No person shall be entitled to vote at a primary | ||||||
3 | unless he is
registered under the provisions of Articles 4, | ||||||
4 | 5 or 6 of this Act, when
his registration is required by | ||||||
5 | any of said Articles to entitle him to
vote at the election | ||||||
6 | with reference to which the primary is held.
| ||||||
7 | A person (i) who filed a statement of candidacy for a | ||||||
8 | partisan office as a qualified primary voter of an established | ||||||
9 | political party or (ii) who voted the ballot of an established | ||||||
10 | political party at a general primary election may not file a | ||||||
11 | statement of candidacy as a candidate of a different | ||||||
12 | established political party or as an independent candidate for | ||||||
13 | a partisan office to be filled at the general election | ||||||
14 | immediately following the general primary for which the person | ||||||
15 | filed the statement or voted the ballot. A person may file a | ||||||
16 | statement of candidacy for a partisan office as a qualified | ||||||
17 | primary voter of an established political party regardless of | ||||||
18 | any prior filing of candidacy for a partisan office or voting | ||||||
19 | the ballot of an established political party at any prior | ||||||
20 | election. | ||||||
21 | (Source: P.A. 97-681, eff. 3-30-12; revised 8-3-12.)
| ||||||
22 | (10 ILCS 5/9-3) (from Ch. 46, par. 9-3) | ||||||
23 | Sec. 9-3. Political committee statement of organization. | ||||||
24 | (a) Every political committee shall file with the State | ||||||
25 | Board of Elections a
statement of organization within 10 |
| |||||||
| |||||||
1 | business days of the creation of
such
committee, except any | ||||||
2 | political committee created within the 30 days before
an
| ||||||
3 | election shall file a statement of organization within 2 | ||||||
4 | business days in person, by facsimile transmission, or by | ||||||
5 | electronic mail. Any change in information previously | ||||||
6 | submitted in a statement of organization shall be reported, as | ||||||
7 | required for the original statement of organization by this | ||||||
8 | Section, within 10 days following that change. A
political | ||||||
9 | committee that acts as both a state political
committee and a | ||||||
10 | local political committee shall file a copy of each
statement | ||||||
11 | of organization with the State Board of Elections and the
| ||||||
12 | county clerk.
The Board shall impose a civil penalty of $50 per | ||||||
13 | business day upon political
committees for failing to file or | ||||||
14 | late filing of a statement of organization. Such penalties | ||||||
15 | shall not
exceed $5,000, and shall not exceed $10,000 for | ||||||
16 | statewide office political
committees.
There shall be no fine | ||||||
17 | if the statement is mailed and postmarked at least 72
hours | ||||||
18 | prior to the filing deadline.
| ||||||
19 | In addition to the civil penalties authorized by this | ||||||
20 | Section, the State
Board of Elections or any other political | ||||||
21 | committee may apply to the
circuit court for a temporary | ||||||
22 | restraining
order or a preliminary or permanent injunction | ||||||
23 | against the political committee
to cease the expenditure of | ||||||
24 | funds and to cease operations until the statement
of | ||||||
25 | organization is filed.
| ||||||
26 | For the purpose of this Section,
"statewide office" means |
| |||||||
| |||||||
1 | the Governor, Lieutenant Governor, Secretary of State,
| ||||||
2 | Attorney General, State Treasurer, and State Comptroller.
| ||||||
3 | (b) The statement of organization shall include:
| ||||||
4 | (1) the name
and address of the political committee and | ||||||
5 | the designation required by Section 9-2;
| ||||||
6 | (2) the scope, area of activity, party affiliation, and | ||||||
7 | purposes of the political
committee;
| ||||||
8 | (3) the name, address, and position of each custodian | ||||||
9 | of the
committee's books and accounts;
| ||||||
10 | (4) the name, address, and position of the committee's | ||||||
11 | principal
officers, including the chairman, treasurer, and | ||||||
12 | officers and members of
its finance committee, if any;
| ||||||
13 | (5) the name and address of any sponsoring entity;
| ||||||
14 | (6) a statement of what specific disposition of | ||||||
15 | residual fund will
be made in the event of the dissolution | ||||||
16 | or
termination of the committee;
| ||||||
17 | (7) a listing of all banks or other financial | ||||||
18 | institutions, safety
deposit boxes, and any other | ||||||
19 | repositories or custodians of funds used by
the committee; | ||||||
20 | and
| ||||||
21 | (8) the amount of funds available for campaign | ||||||
22 | expenditures as of
the filing date of the committee's | ||||||
23 | statement of organization.
| ||||||
24 | For purposes of this Section, a "sponsoring entity" is (i) | ||||||
25 | any person,
organization, corporation, or association that | ||||||
26 | contributes
at least 33% of the total funding of the political |
| |||||||
| |||||||
1 | committee or (ii) any person
or other entity that is registered | ||||||
2 | or is required to register under the
Lobbyist Registration Act | ||||||
3 | and contributes at least 33% of the total funding of
the | ||||||
4 | political committee.
| ||||||
5 | (c) Each statement of organization required to be
filed in | ||||||
6 | accordance with this Section shall be verified, dated, and | ||||||
7 | signed
by either the treasurer of the political committee | ||||||
8 | making the statement or
the candidate on whose behalf the | ||||||
9 | statement is made and shall contain
substantially the following | ||||||
10 | verification: | ||||||
11 | "VERIFICATION: | ||||||
12 | I declare that this statement of organization (including | ||||||
13 | any
accompanying schedules and statements) has been examined by | ||||||
14 | me and, to the
best of my knowledge and belief, is a true, | ||||||
15 | correct, and complete statement
of organization as required by | ||||||
16 | Article 9 of the Election Code. I understand
that willfully | ||||||
17 | filing a false or incomplete statement is
subject to a civil | ||||||
18 | penalty of at least $1,001 and up to $5,000. | ||||||
19 | ................ ..........................................
| ||||||
20 | (date of filing) (signature of person making the statement)". | ||||||
21 | (d) The statement of organization for a ballot initiative | ||||||
22 | committee also shall include a verification signed by the | ||||||
23 | chairperson of the committee that (i) the committee is formed | ||||||
24 | for the purpose of supporting or opposing a question of public | ||||||
25 | policy, (ii) all contributions and expenditures of the | ||||||
26 | committee will be used for the purpose described in the |
| |||||||
| |||||||
1 | statement of organization, (iii) the committee may accept | ||||||
2 | unlimited contributions from any source, provided that the | ||||||
3 | ballot initiative committee does not make contributions or | ||||||
4 | expenditures in support of or opposition to a candidate or | ||||||
5 | candidates for nomination for election, election, or | ||||||
6 | retention, and (iv) failure to abide by these requirements | ||||||
7 | shall deem the committee in violation of this Article. | ||||||
8 | (d-5) The statement of organization for an independent | ||||||
9 | expenditure committee also shall include a verification signed | ||||||
10 | by the chairperson of the committee that (i) the committee is | ||||||
11 | formed for the exclusive purpose of making independent | ||||||
12 | expenditures, (ii) all contributions and expenditures of the | ||||||
13 | committee will be used for the purpose described in the | ||||||
14 | statement of organization, (iii) the committee may accept | ||||||
15 | unlimited contributions from any source, provided that the | ||||||
16 | independent expenditure committee does not make contributions | ||||||
17 | to any candidate political committee, political party | ||||||
18 | committee, or political action committee, and (iv) failure to | ||||||
19 | abide by these requirements shall deem the committee in | ||||||
20 | violation of this Article. | ||||||
21 | (e) For purposes of implementing the changes made by this | ||||||
22 | amendatory Act of the 96th General Assembly, every political | ||||||
23 | committee in existence on the effective date of this amendatory | ||||||
24 | Act of the 96th General Assembly shall file the statement | ||||||
25 | required by this Section with the Board by December 31, 2010. | ||||||
26 | (Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/9-15) (from Ch. 46, par. 9-15) | ||||||
2 | Sec. 9-15. It shall be the duty of the Board- | ||||||
3 | (1) to develop prescribed forms for filing statements | ||||||
4 | of organization and required reports; | ||||||
5 | (2) to prepare, publish, and furnish to the appropriate | ||||||
6 | persons a manual of instructions setting forth recommended
| ||||||
7 | uniform methods of bookkeeping and reporting under this | ||||||
8 | Article; | ||||||
9 | (3) to prescribe suitable rules and regulations to | ||||||
10 | carry out the
provisions of this Article. Such rules and | ||||||
11 | regulations shall be published
and made available to the | ||||||
12 | public; | ||||||
13 | (4) to send by first class mail, after the general | ||||||
14 | primary election in
even numbered years, to the chairman of | ||||||
15 | each regularly constituted
State central committee, county | ||||||
16 | central committee and, in counties with a
population of | ||||||
17 | more than 3,000,000, to the committeemen of each township | ||||||
18 | and
ward organization of each political party notice of | ||||||
19 | their obligations under
this Article, along with a form for | ||||||
20 | filing the statement of organization; | ||||||
21 | (5) to promptly make all reports and statements filed | ||||||
22 | under this Article available for public inspection and | ||||||
23 | copying no later than 2 business days after their receipt | ||||||
24 | and to permit copying of any such report or statement at | ||||||
25 | the expense of the person requesting the copy; |
| |||||||
| |||||||
1 | (6) to develop a filing, coding, and cross-indexing | ||||||
2 | system consistent with the purposes of this Article; | ||||||
3 | (7) to compile and maintain a list of all statements or | ||||||
4 | parts of statements pertaining to each candidate; | ||||||
5 | (8) to prepare and publish such reports as the Board | ||||||
6 | may deem appropriate; | ||||||
7 | (9) to annually notify each political committee that | ||||||
8 | has filed a statement of organization with the Board of the | ||||||
9 | filing dates for each quarterly report, provided that such | ||||||
10 | notification shall be made by first-class mail unless the | ||||||
11 | political committee opts to receive notification | ||||||
12 | electronically via email; and | ||||||
13 | (10) to promptly send, by first class mail directed | ||||||
14 | only to the officers of a political committee, and by first | ||||||
15 | class certified mail to the address of the political | ||||||
16 | committee, written notice of any fine or penalty assessed | ||||||
17 | or imposed against the political committee under this | ||||||
18 | Article. | ||||||
19 | (Source: P.A. 96-1263, eff. 1-1-11; 97-766, eff. 7-6-12.)
| ||||||
20 | (10 ILCS 5/10-6.1) (from Ch. 46, par. 10-6.1)
| ||||||
21 | Sec. 10-6.1.
The board or clerk with whom a certificate of | ||||||
22 | nomination or
nomination papers are filed shall notify the | ||||||
23 | person for whom such papers
are filed of the obligation to file | ||||||
24 | campaign disclosure documents statements of organization, | ||||||
25 | reports
of campaign contributions, and annual reports of |
| |||||||
| |||||||
1 | campaign contributions
and expenditures under Article 9 of this | ||||||
2 | Act and the penalties for failure to file . Such notice shall be | ||||||
3 | given
in the manner prescribed in by paragraph (7) of Section | ||||||
4 | 9-16 of this Code.
| ||||||
5 | (Source: P.A. 81-1189.)
| ||||||
6 | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| ||||||
7 | Sec. 19-4. Mailing or delivery of ballots - Time.) | ||||||
8 | Immediately upon
the receipt of such application either by | ||||||
9 | mail, not more than 40 days
nor less than 5 days prior to such | ||||||
10 | election, or by personal delivery not
more than 40 days nor | ||||||
11 | less than one day prior to such election, at the
office of such | ||||||
12 | election authority, it shall be the duty of such election
| ||||||
13 | authority to examine the records to ascertain whether or not | ||||||
14 | such
applicant is lawfully entitled to vote as
requested, | ||||||
15 | including a verification of the applicant's signature by | ||||||
16 | comparison with the signature on the official registration | ||||||
17 | record card, and if found so to be entitled to vote, to post | ||||||
18 | within one business day thereafter
the name, street address,
| ||||||
19 | ward and precinct number or township and district number, as | ||||||
20 | the case may be,
of such applicant given on a list, the pages | ||||||
21 | of which are to be numbered
consecutively to be kept by such | ||||||
22 | election authority for such purpose in a
conspicuous, open and | ||||||
23 | public place accessible to the public at the entrance of
the | ||||||
24 | office of such election authority, and in such a manner that | ||||||
25 | such list may
be viewed without necessity of requesting |
| |||||||
| |||||||
1 | permission therefor. Within one
day after posting the name and | ||||||
2 | other information of an applicant for
an absentee ballot, the | ||||||
3 | election authority shall transmit that name and other
posted | ||||||
4 | information to the State Board of Elections, which shall | ||||||
5 | maintain those
names and other information in an electronic | ||||||
6 | format on its website, arranged by
county and accessible to | ||||||
7 | State and local political committees. Within 2
business days | ||||||
8 | after posting a name and other information on the list within
| ||||||
9 | its
office, the election authority shall mail,
postage prepaid, | ||||||
10 | or deliver in person in such office an official ballot
or | ||||||
11 | ballots if more than one are to be voted at said election. Mail | ||||||
12 | delivery
of Temporarily Absent Student ballot applications | ||||||
13 | pursuant to Section
19-12.3 shall be by nonforwardable mail. | ||||||
14 | However,
for the consolidated election, absentee ballots for | ||||||
15 | certain precincts may
be delivered to applicants not less than | ||||||
16 | 25 days before the election if
so much time is required to have | ||||||
17 | prepared and printed the ballots containing
the names of | ||||||
18 | persons nominated for offices at the consolidated primary.
The | ||||||
19 | election authority shall enclose with each absentee ballot or
| ||||||
20 | application written instructions on how voting assistance | ||||||
21 | shall be provided
pursuant to Section 17-14 and a document, | ||||||
22 | written and approved by the State
Board of Elections,
| ||||||
23 | enumerating
the circumstances under which a person is | ||||||
24 | authorized to vote by absentee
ballot pursuant to this Article; | ||||||
25 | such document shall also include a
statement informing the | ||||||
26 | applicant that if he or she falsifies or is
solicited by |
| |||||||
| |||||||
1 | another to falsify his or her
eligibility to cast an absentee | ||||||
2 | ballot, such applicant or other is subject
to
penalties | ||||||
3 | pursuant to Section 29-10 and Section 29-20 of the Election | ||||||
4 | Code.
Each election authority shall maintain a list of the | ||||||
5 | name, street address,
ward and
precinct, or township and | ||||||
6 | district number, as the case may be, of all
applicants who have | ||||||
7 | returned absentee ballots to such authority, and the name of | ||||||
8 | such absent voter shall be added to such list
within one | ||||||
9 | business day from receipt of such ballot.
If the absentee | ||||||
10 | ballot envelope indicates that the voter was assisted in
| ||||||
11 | casting the ballot, the name of the person so assisting shall | ||||||
12 | be included on
the list. The list, the pages of which are to be | ||||||
13 | numbered consecutively,
shall be kept by each election | ||||||
14 | authority in a conspicuous, open, and public
place accessible | ||||||
15 | to the public at the entrance of the office of the election
| ||||||
16 | authority and in a manner that the list may be viewed without | ||||||
17 | necessity of
requesting permission for viewing.
| ||||||
18 | Each election authority shall maintain a list for each | ||||||
19 | election
of the
voters to whom it has issued absentee ballots. | ||||||
20 | The list shall be
maintained for each precinct within the | ||||||
21 | jurisdiction of the election
authority. Prior to the opening of | ||||||
22 | the polls on election day, the
election authority shall deliver | ||||||
23 | to the judges of election in each
precinct the list of | ||||||
24 | registered voters in that precinct to whom absentee
ballots | ||||||
25 | have been issued by mail.
| ||||||
26 | Each election authority shall maintain a list for each |
| |||||||
| |||||||
1 | election of
voters to whom it has issued temporarily absent | ||||||
2 | student ballots. The list
shall be maintained for each election | ||||||
3 | jurisdiction within which such voters
temporarily abide. | ||||||
4 | Immediately after the close of the period during which
| ||||||
5 | application may be made by mail for absentee ballots, each | ||||||
6 | election
authority shall mail to each other election authority | ||||||
7 | within the State a
certified list of all such voters | ||||||
8 | temporarily abiding within the
jurisdiction of the other | ||||||
9 | election authority.
| ||||||
10 | In the event that the return address of an
application for | ||||||
11 | ballot by a physically incapacitated elector
is that of a | ||||||
12 | facility licensed or certified under the Nursing Home Care
Act, | ||||||
13 | the Specialized Mental Health Rehabilitation Act, or the ID/DD | ||||||
14 | Community Care Act, within the jurisdiction of the election | ||||||
15 | authority, and the applicant
is a registered voter in the | ||||||
16 | precinct in which such facility is located,
the ballots shall | ||||||
17 | be prepared and transmitted to a responsible judge of
election | ||||||
18 | no later than 9 a.m. on the Friday, Saturday, Sunday or Monday | ||||||
19 | immediately
preceding the election as designated by the | ||||||
20 | election authority under
Section 19-12.2. Such judge shall | ||||||
21 | deliver in person on the designated day
the ballot to the | ||||||
22 | applicant on the premises of the facility from which
| ||||||
23 | application was made. The election authority shall by mail | ||||||
24 | notify the
applicant in such facility that the ballot will be | ||||||
25 | delivered by a judge of
election on the designated day.
| ||||||
26 | All applications for absentee ballots shall be available at |
| |||||||
| |||||||
1 | the office
of the election authority for public inspection upon | ||||||
2 | request from the
time of receipt thereof by the election | ||||||
3 | authority until 30 days after the
election, except during the | ||||||
4 | time such applications are kept in the
office of the election | ||||||
5 | authority pursuant to Section 19-7, and except during
the time | ||||||
6 | such applications are in the possession of the judges of | ||||||
7 | election.
| ||||||
8 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
9 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
10 | (10 ILCS 5/19-6) (from Ch. 46, par. 19-6)
| ||||||
11 | Sec. 19-6.
Such absent voter shall make and subscribe to | ||||||
12 | the
certifications provided for in the application and on the | ||||||
13 | return
envelope for the ballot, and such ballot or ballots | ||||||
14 | shall be folded by
such voter in the manner required to be | ||||||
15 | folded before depositing the
same in the ballot box, and be | ||||||
16 | deposited in such envelope and the
envelope securely sealed. | ||||||
17 | Except as provided in Section 19-12.2, the The voter shall then | ||||||
18 | endorse his certificate
upon the back of the envelope and the | ||||||
19 | envelope shall be mailed in person by
such voter, postage | ||||||
20 | prepaid, to the election authority issuing the ballot or,
if | ||||||
21 | more convenient, it may be delivered in person, by either the | ||||||
22 | voter or
by a spouse, parent, child, brother or sister of the | ||||||
23 | voter, or by a company
licensed as a motor carrier of property | ||||||
24 | by the Illinois Commerce Commission
under the Illinois | ||||||
25 | Commercial Transportation Law,
which is engaged in the business |
| |||||||
| |||||||
1 | of making deliveries.
It shall be unlawful for any person not | ||||||
2 | the voter, his or her spouse,
parent, child, brother, or | ||||||
3 | sister,
or a representative of a company engaged in the | ||||||
4 | business of making
deliveries to the election authority
to take | ||||||
5 | the ballot and ballot envelope of a
voter for deposit into the | ||||||
6 | mail unless the ballot has been issued pursuant to
application | ||||||
7 | by a physically incapacitated elector under Section
3-3 or a | ||||||
8 | hospitalized voter under Section 19-13, in which case any
| ||||||
9 | employee or person under the direction of the facility in which | ||||||
10 | the elector or
voter is located may deposit the ballot and | ||||||
11 | ballot envelope into the mail.
If an absentee
voter gives his | ||||||
12 | ballot and ballot envelope to a spouse, parent, child,
brother | ||||||
13 | or sister of the voter or to a company which is engaged in the
| ||||||
14 | business of making deliveries for delivery to the election | ||||||
15 | authority, the
voter shall give an authorization form to the | ||||||
16 | person making the delivery.
The person making the delivery | ||||||
17 | shall present the authorization to the
election authority. The | ||||||
18 | authorization shall be in substantially the following
form:
| ||||||
19 | I ............ (absentee voter) authorize ............... | ||||||
20 | to take my ballot
to the office of the election authority.
| ||||||
21 | ....................... ........................
| ||||||
22 | Date Signature of voter
| ||||||
23 | ....................... ........................
| ||||||
24 | Hour Address
|
| |||||||
| |||||||
1 | ....................... ........................
| ||||||
2 | Date Signature of Authorized
| ||||||
3 | Individual
| ||||||
4 | ....................... ........................
| ||||||
5 | Hour Relationship (if any)
| ||||||
6 | (Source: P.A. 89-653, eff. 8-14-96 .)
| ||||||
7 | (10 ILCS 5/19A-70)
| ||||||
8 | Sec. 19A-70. Advertising or campaigning in proximity of | ||||||
9 | polling place;
penalty. During the period prescribed in Section | ||||||
10 | 19A-15 for early voting by
personal appearance, no advertising | ||||||
11 | pertaining to any candidate or proposition
to be voted on may | ||||||
12 | be displayed in or within 100 feet of any polling place used
by | ||||||
13 | voters under this Article. No person may engage in | ||||||
14 | electioneering in or
within 100 feet of any polling place used | ||||||
15 | by voters under this Article. The provisions of Section 17-29 | ||||||
16 | with respect to establishment of a campaign free zone , | ||||||
17 | including, but not limited to, the provisions for placement of | ||||||
18 | signage on public property beyond the campaign free zone, apply | ||||||
19 | to polling places under this Article.
| ||||||
20 | Any person who violates this Section may be punished for | ||||||
21 | contempt of court.
| ||||||
22 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
23 | (10 ILCS 5/28-12) (from Ch. 46, par. 28-12)
|
| |||||||
| |||||||
1 | Sec. 28-12.
Upon receipt of the certificates of the | ||||||
2 | election authorities
showing the results of the sample | ||||||
3 | signature verification, the Board shall:
| ||||||
4 | 1. Based on the sample, calculate the ratio of invalid | ||||||
5 | or valid signatures
in each election jurisdiction.
| ||||||
6 | 2. Apply the ratio of invalid to valid signatures in an | ||||||
7 | election
jurisdiction sample to the total number of | ||||||
8 | petition signatures submitted
from that election | ||||||
9 | jurisdiction.
| ||||||
10 | 3. Compute the degree of multiple signature | ||||||
11 | contamination in each election
jurisdiction sample.
| ||||||
12 | 4. Adjust for multiple signature contamination and the | ||||||
13 | invalid signatures,
project the total number of valid | ||||||
14 | petition signatures submitted from each
election | ||||||
15 | jurisdiction.
| ||||||
16 | 5. Aggregate the total number of projected valid | ||||||
17 | signatures from each
election jurisdiction and project the | ||||||
18 | total number of valid signatures on
the petition statewide.
| ||||||
19 | If such statewide projection establishes a total number of | ||||||
20 | valid petition
signatures not greater than 95.0% of the minimum | ||||||
21 | number of signatures required
to qualify the proposed statewide | ||||||
22 | advisory
public question for the ballot, the petition shall be | ||||||
23 | presumed invalid;
provided that, prior to the last day for | ||||||
24 | ballot certification for the general
election, the Board shall | ||||||
25 | conduct a hearing for the purpose of allowing
the proponents to | ||||||
26 | present competent evidence or an additional sample to
rebut the |
| |||||||
| |||||||
1 | presumption of
invalidity. At the conclusion of such hearing, | ||||||
2 | and after the resolution of any specific objection filed | ||||||
3 | pursuant to Section 10-8 of this Code, the Board shall issue a
| ||||||
4 | final order declaring the petition to be valid or invalid and | ||||||
5 | shall, in
accordance with its order, certify or not certify the | ||||||
6 | proposition for the ballot.
| ||||||
7 | If such statewide projection establishes a total number of | ||||||
8 | valid petition
signatures greater than 95.0% of the minimum | ||||||
9 | number of signatures required
to qualify the proposed | ||||||
10 | Constitutional amendment or statewide advisory
public question | ||||||
11 | for the ballot, the results of the sample shall be considered
| ||||||
12 | inconclusive and, if no specific objections to the petition are | ||||||
13 | filed pursuant
to Section 10-8 of this Code, the Board shall | ||||||
14 | issue a final order declaring
the petition to be valid and | ||||||
15 | shall certify the proposition for the ballot.
| ||||||
16 | In either event, the Board shall append to its final order | ||||||
17 | the detailed
results of the sample from each election | ||||||
18 | jurisdiction which shall include:
(a) specific page and line | ||||||
19 | numbers of signatures actually verified or determined
to be | ||||||
20 | invalid by the respective election authorities, and (b) the | ||||||
21 | calculations
and projections performed by the Board for each | ||||||
22 | election jurisdiction.
| ||||||
23 | (Source: P.A. 97-81, eff. 7-5-11.)
| ||||||
24 | (10 ILCS 5/29B-10) (from Ch. 46, par. 29B-10; formerly Ch. | ||||||
25 | 46, par. 1103)
|
| |||||||
| |||||||
1 | Sec. 29B-10. Code of Fair Campaign Practices. At the time a
| ||||||
2 | political committee, as defined in Article 9, files its
| ||||||
3 | statements of organization, the State Board of Elections , in | ||||||
4 | the case of a
state political committee or a political | ||||||
5 | committee acting as both a state
political committee and a | ||||||
6 | local political committee, or the county clerk,
in the case of | ||||||
7 | a local political committee, shall give the political
committee | ||||||
8 | a blank form of the Code of Fair Campaign Practices and a copy | ||||||
9 | of
the provisions of this Article. The State Board of Elections | ||||||
10 | or county clerk
shall inform each political committee that | ||||||
11 | subscription to the Code is
voluntary. The text of the Code | ||||||
12 | shall read as follows:
| ||||||
13 | CODE OF FAIR CAMPAIGN PRACTICES
| ||||||
14 | There are basic principles of decency, honesty, and fair | ||||||
15 | play that every
candidate for public office in the State of | ||||||
16 | Illinois has a moral obligation
to observe and uphold, in order | ||||||
17 | that, after vigorously contested but fairly
conducted | ||||||
18 | campaigns, our citizens may exercise their constitutional | ||||||
19 | right
to a free and untrammeled choice and the will of the | ||||||
20 | people may be fully
and clearly expressed on the issues.
| ||||||
21 | THEREFORE:
| ||||||
22 | (1) I will conduct my campaign openly and publicly, and | ||||||
23 | limit attacks on
my opponent to legitimate challenges to his | ||||||
24 | record.
| ||||||
25 | (2) I will not use or permit the use of character | ||||||
26 | defamation, whispering
campaigns, libel, slander, or |
| |||||||
| |||||||
1 | scurrilous attacks on any candidate or his
personal or family | ||||||
2 | life.
| ||||||
3 | (3) I will not use or permit any appeal to negative | ||||||
4 | prejudice based on
race, sex, sexual orientation, religion or | ||||||
5 | national origin.
| ||||||
6 | (4) I will not use campaign material of any sort that | ||||||
7 | misrepresents,
distorts, or otherwise falsifies the facts, nor | ||||||
8 | will I use
malicious or unfounded accusations that aim at | ||||||
9 | creating or exploiting
doubts, without justification, as to the | ||||||
10 | personal integrity or patriotism
of my opposition.
| ||||||
11 | (5) I will not undertake or condone any dishonest or | ||||||
12 | unethical practice
that tends to corrupt or undermine our | ||||||
13 | American system of free elections
or that hampers or prevents | ||||||
14 | the full and free expression of the will of
the voters.
| ||||||
15 | (6) I will defend and uphold the right of every qualified | ||||||
16 | American voter
to full and equal participation in the electoral | ||||||
17 | process.
| ||||||
18 | (7) I will immediately and publicly repudiate methods and | ||||||
19 | tactics that
may come from others that I have pledged not to | ||||||
20 | use or condone. I shall
take firm action against any | ||||||
21 | subordinate who violates any provision of this
Code or the laws | ||||||
22 | governing elections.
| ||||||
23 | I, the undersigned, candidate for election to public office | ||||||
24 | in the State
of Illinois or chairman of a political committee | ||||||
25 | in support of or
opposition to a question of public policy, | ||||||
26 | hereby voluntarily endorse,
subscribe to, and solemnly pledge |
| |||||||
| |||||||
1 | myself to conduct my campaign
in accordance with the above | ||||||
2 | principles and practices.
| ||||||
3 | ______________ _______________________________
| ||||||
4 | Date Signature
| ||||||
5 | (Source: P.A. 86-873; 87-1052.)
| ||||||
6 | Section 10. The Township Code is amended by changing | ||||||
7 | Sections 45-20 and 45-35 as follows:
| ||||||
8 | (60 ILCS 1/45-20)
| ||||||
9 | Sec. 45-20. Caucus result; filing nomination papers; | ||||||
10 | certifying candidates.
| ||||||
11 | (a) The township central committee shall canvass and | ||||||
12 | declare the result of
the caucus.
| ||||||
13 | (b) The chairman of the township central committee shall, | ||||||
14 | not more than 113
nor less than 106 days before the township | ||||||
15 | election, file nomination papers as
provided in this Section. | ||||||
16 | The nomination papers shall consist of (i) a
certification by | ||||||
17 | the chairman of the names of all candidates for office in the
| ||||||
18 | township nominated at the caucus and (ii) a statement of | ||||||
19 | candidacy by each
candidate in the form prescribed in the | ||||||
20 | general election law. The nomination
papers shall be filed in | ||||||
21 | the office of the township clerk, except that if the
township | ||||||
22 | is entirely within the corporate limits of a city, village, or
| ||||||
23 | incorporated town under the jurisdiction of a board of election | ||||||
24 | commissioners,
the nomination papers shall be filed in the |
| |||||||
| |||||||
1 | office of the board of election
commissioners instead of the | ||||||
2 | township clerk.
| ||||||
3 | (c) The township clerk shall certify the candidates so | ||||||
4 | nominated to the
proper election authorities not less than 68 | ||||||
5 | 61 days before the township election.
The election shall be | ||||||
6 | conducted in accordance with the general election law.
| ||||||
7 | (Source: P.A. 97-81, eff. 7-5-11.)
| ||||||
8 | (60 ILCS 1/45-35)
| ||||||
9 | Sec. 45-35. Notice to candidates to file reports. The | ||||||
10 | township clerk or
board of election commissioners, as the case | ||||||
11 | may be, shall notify the person
for whom such nomination papers | ||||||
12 | are filed of the obligation to file campaign disclosure | ||||||
13 | documents statements
of organization, reports of campaign | ||||||
14 | contributions, and annual reports of
campaign contributions | ||||||
15 | and expenditures in the manner prescribed by the general
| ||||||
16 | election law.
| ||||||
17 | (Source: P.A. 85-694; 88-62.)
| ||||||
18 | Section 15. The Fox Waterway Agency Act is amended by | ||||||
19 | changing Section 5 as follows:
| ||||||
20 | (615 ILCS 90/5) (from Ch. 19, par. 1205)
| ||||||
21 | Sec. 5. The Agency shall be governed by a Board of | ||||||
22 | Directors, which
shall consist of 6 directors and one chairman | ||||||
23 | elected pursuant to this Section.
|
| |||||||
| |||||||
1 | Three directors shall be elected from within the territory | ||||||
2 | of each
member county. Any resident
of a member county and the | ||||||
3 | territory of the Agency, at least 18 years
of age, may become a | ||||||
4 | candidate for
election as a director by filing a nominating | ||||||
5 | petition
with the State Board of Elections containing the | ||||||
6 | verified
signatures of at least 200 of the registered
voters of | ||||||
7 | such county who reside within the territory of the Agency.
Such | ||||||
8 | petition shall be filed not more than 113 78 nor
less than 106 | ||||||
9 | 71 days prior to the date of election.
| ||||||
10 | The chairman shall be elected at large from the territory | ||||||
11 | of the Agency.
Any person eligible to become a candidate for | ||||||
12 | election as director may become
a candidate for election as | ||||||
13 | chairman by filing a nominating petition with
the State Board | ||||||
14 | of Elections containing the
verified signatures of at least 200 | ||||||
15 | of the
registered voters of each member county who reside | ||||||
16 | within the territory
of the Agency. Such petition shall be | ||||||
17 | filed
not more than 113 78 nor less than 106 71 days prior to | ||||||
18 | the date of the election.
| ||||||
19 | Within
7 days after each consolidated election at which the | ||||||
20 | chairman is
elected, the county clerk of each member county | ||||||
21 | shall transmit the returns
for the election to the office of | ||||||
22 | chairman
to the
State Board of Elections.
The State Board of | ||||||
23 | Elections shall immediately canvass the returns
and proclaim | ||||||
24 | the results thereof and shall issue a certificate of election
| ||||||
25 | to the person so elected.
| ||||||
26 | Beginning in 1985, the directors and chairman shall be |
| |||||||
| |||||||
1 | elected at the
consolidated election and shall serve from the | ||||||
2 | third Monday in May
following their respective elections until | ||||||
3 | their respective successors are
elected and qualified. The term | ||||||
4 | of office of a director shall be for 4
years, except that of | ||||||
5 | the directors elected at the consolidated election of
1985, 3 | ||||||
6 | shall serve until the first Monday in May 1987 and 3
shall | ||||||
7 | serve until the first Monday in May 1989. The term of office
of | ||||||
8 | a chairman shall be 4 years.
| ||||||
9 | At least 90 days before the consolidated election of 1985 | ||||||
10 | the State Board
of Elections shall meet to determine by lot | ||||||
11 | which 3 director positions
shall be elected for terms to expire | ||||||
12 | on the first Monday in May 1987 and
which 3 director positions | ||||||
13 | shall be elected for terms to expire on the
first Monday in May | ||||||
14 | 1989. At least one director position from each member
county | ||||||
15 | shall be elected for a term to expire on the first Monday in | ||||||
16 | May 1987.
| ||||||
17 | The county clerks of the member counties shall provide | ||||||
18 | notice of each
election for chairman and director
in the manner | ||||||
19 | prescribed in Article 12 of The Election Code, with the
notice | ||||||
20 | of the elections to be held at the consolidated election of | ||||||
21 | 1985 to
include a statement as to whether the director is to be | ||||||
22 | elected for a term of
2 years or for a term of 4 years.
| ||||||
23 | A chairman shall be elected at the consolidated election of | ||||||
24 | 1985 and at
each consolidated election every 4 years | ||||||
25 | thereafter. Six directors shall be
elected at the consolidated | ||||||
26 | election of 1985. At the consolidated election
of 1987, and at |
| |||||||
| |||||||
1 | each consolidated election every 4 years thereafter,
directors | ||||||
2 | shall be elected from the constituencies of the directors who
| ||||||
3 | were elected at the consolidated election of 1985 and whose | ||||||
4 | terms expired on
the first Monday in May 1987. At the | ||||||
5 | consolidated election of 1989, and at
each consolidated | ||||||
6 | election every 4 years thereafter, directors shall be
elected | ||||||
7 | from the constituencies of the directors who were elected at | ||||||
8 | the
consolidated election of 1985 and whose terms expired on | ||||||
9 | the first Monday in May 1989.
| ||||||
10 | Vacancies in the office of director or chairman shall be | ||||||
11 | filled by the
remaining members of the Board, who shall appoint | ||||||
12 | to fill the vacated
office for the remainder of the term of | ||||||
13 | such office an individual who would
be eligible for election to | ||||||
14 | such office.
If, however, a vacancy occurs in the office of | ||||||
15 | chairman or director
with at least 28 months remaining in the | ||||||
16 | term of such office, the office
shall be filled for the | ||||||
17 | remainder of the term at the next consolidated
election. Until | ||||||
18 | the office is filled by election, the remaining members of
the | ||||||
19 | Board shall appoint a qualified person to the office in the | ||||||
20 | manner provided
in this Section.
| ||||||
21 | (Source: P.A. 93-847, eff. 7-30-04.)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|