Full Text of HB2870 98th General Assembly
HB2870 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2870 Introduced , by Rep. Brad E. Halbrook SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-10 | from Ch. 46, par. 7-10 |
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Amends the Election Code. Provides that petition sheets shall be neatly bound and deletes a reference to placing the sheets in a pile and fastening them together
at one edge in a secure and suitable manner. Further provides that petitions filed that are bound using paper clips, prong fasteners, tape, or any similar temporary fastening device shall be found invalid. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing Section | 5 | | 7-10 as follows:
| 6 | | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| 7 | | Sec. 7-10. Form of petition for nomination. The name of no | 8 | | candidate for
nomination, or State central committeeman, or | 9 | | township committeeman, or
precinct committeeman, or ward | 10 | | committeeman or candidate for delegate or
alternate delegate to | 11 | | national nominating conventions, shall be printed
upon the | 12 | | primary ballot unless a petition for nomination has been filed | 13 | | in
his behalf as provided in this Article in substantially the | 14 | | following form:
| 15 | | We, the undersigned, members of and affiliated with the | 16 | | .... party
and qualified primary electors of the .... party, in | 17 | | the .... of ....,
in the county of .... and State of Illinois, | 18 | | do hereby petition that
the following named person or persons | 19 | | shall be a candidate or candidates
of the .... party for the | 20 | | nomination for (or in case of committeemen for
election to) the | 21 | | office or offices hereinafter specified, to be voted
for at the | 22 | | primary election to be held on (insert date).
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| 1 | | John Jones |
Governor |
Belvidere, Ill. |
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2 | | Jane James | Lieutenant Governor | Peoria, Ill. |
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3 | | Thomas Smith |
Attorney General |
Oakland, Ill. |
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4 | | Name.................. Address.......................
| 5 | | State of Illinois)
| 6 | | ) ss.
| 7 | | County of........)
| 8 | | I, ...., do hereby certify
that I reside at No. .... | 9 | | street, in the .... of ...., county of ....,
and State of | 10 | | ....., that I am 18 years of age or older, that
I am a citizen | 11 | | of the United States, and that the signatures on this sheet
| 12 | | were signed
in my presence, and are genuine, and that to the | 13 | | best of my knowledge
and belief the persons so signing were at | 14 | | the time of signing the
petitions qualified voters of the .... | 15 | | party, and that their respective
residences are correctly | 16 | | stated, as above set forth.
| 17 | | .........................
| 18 | | Subscribed and sworn to before me on (insert date).
| 19 | | .........................
| 20 | | Each sheet of the petition other than the statement of | 21 | | candidacy and
candidate's statement shall be of uniform size | 22 | | and shall contain above
the space for signatures an appropriate | 23 | | heading giving the information
as to name of candidate or |
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| 1 | | candidates, in whose behalf such petition is
signed; the | 2 | | office, the political party represented and place of
residence; | 3 | | and the heading of each sheet shall be the same.
| 4 | | Such petition shall be signed by qualified primary electors | 5 | | residing
in the political division for which the nomination is | 6 | | sought in their
own proper persons only and opposite the | 7 | | signature of each signer, his
residence address shall be | 8 | | written or printed. The residence address
required to be | 9 | | written or printed opposite each qualified primary elector's
| 10 | | name shall include the street address or rural route number of | 11 | | the signer,
as the case may be, as well as the signer's county, | 12 | | and city, village or
town, and state.
However the county or | 13 | | city, village or town, and state of residence of
the electors | 14 | | may be printed on the petition forms where all of the
electors | 15 | | signing the petition reside in the same county or city, village
| 16 | | or town, and state. Standard abbreviations may be used in | 17 | | writing the
residence address, including street number, if any. | 18 | | At the bottom of
each sheet of such petition shall be added a | 19 | | circulator statement signed by
a person 18 years of age or | 20 | | older who is a citizen of the United States,
stating the street | 21 | | address or rural route number, as the case may be, as well
as | 22 | | the county, city, village or town, and state;
and certifying | 23 | | that the signatures on that sheet of the petition were signed | 24 | | in
his or her presence and certifying that the signatures are | 25 | | genuine; and
either (1) indicating the dates on which that | 26 | | sheet was circulated, or (2)
indicating the first and last |
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| 1 | | dates on which the sheet was circulated, or (3)
certifying that | 2 | | none of the signatures on the sheet were signed more than 90
| 3 | | days preceding the last day for the filing of the petition and | 4 | | certifying that
to the best of his or her knowledge and belief | 5 | | the persons so signing were at
the time of signing the | 6 | | petitions qualified voters of the political party for
which a | 7 | | nomination is sought. Such statement shall be sworn to before | 8 | | some
officer authorized to administer oaths in this State.
| 9 | | No petition sheet shall be circulated more than 90 days | 10 | | preceding the
last day provided in Section 7-12 for the filing | 11 | | of such petition.
| 12 | | The person circulating the petition, or the candidate on | 13 | | whose behalf the
petition is circulated, may strike any | 14 | | signature from the petition,
provided that:
| 15 | | (1) the person striking the signature shall initial the | 16 | | petition at
the place where the signature is struck; and
| 17 | | (2) the person striking the signature shall sign a | 18 | | certification
listing the page number and line number of | 19 | | each signature struck from
the petition. Such | 20 | | certification shall be filed as a part of the petition.
| 21 | | Such sheets before being filed shall be neatly bound | 22 | | fastened together in
book form , by placing the sheets in a pile | 23 | | and fastening them together
at one edge in a secure and | 24 | | suitable manner, and the sheets shall then
be numbered | 25 | | consecutively. Petitions filed that are bound using paper | 26 | | clips, prong fasteners, tape, or any similar temporary |
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| 1 | | fastening device shall be found invalid. The sheets shall not | 2 | | be fastened by pasting
them together end to end, so as to form | 3 | | a continuous strip or roll. All
petition sheets which are filed | 4 | | with the proper local election officials,
election authorities | 5 | | or the State Board of Elections shall be the original
sheets | 6 | | which have been signed by the voters and by the circulator | 7 | | thereof,
and not photocopies or duplicates of such sheets. Each | 8 | | petition must include
as a part thereof, a statement of | 9 | | candidacy for each of the candidates filing,
or in whose behalf | 10 | | the petition is filed. This statement shall set out the
address | 11 | | of such candidate, the office for which he is a candidate, | 12 | | shall state
that the candidate is a qualified primary voter of | 13 | | the party to which the
petition relates and is qualified for | 14 | | the office specified (in the case of a
candidate for State's | 15 | | Attorney it shall state that the candidate is at the time
of | 16 | | filing such statement a licensed attorney-at-law of this | 17 | | State), shall state
that he has filed (or will file before the | 18 | | close of the petition filing period)
a statement of economic | 19 | | interests as required by the Illinois Governmental
Ethics Act, | 20 | | shall request that the candidate's name be placed upon the | 21 | | official
ballot, and shall be subscribed and sworn to by such | 22 | | candidate before some
officer authorized to take | 23 | | acknowledgment of deeds in the State and shall be in
| 24 | | substantially the following form:
| 25 | | Statement of Candidacy
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26 | | Name |
Address |
Office |
District |
Party |
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| 1 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
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2 | | |
Belvidere, |
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3 | | |
Illinois |
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4 | | State of Illinois)
| 5 | | ) ss.
| 6 | | County of .......)
| 7 | | I, ...., being first duly sworn, say that I reside at .... | 8 | | Street in the city
(or village) of ...., in the county of ...., | 9 | | State of Illinois; that I
am a qualified voter therein and am a | 10 | | qualified primary voter of the ....
party; that I am a | 11 | | candidate for nomination (for election in the case of
| 12 | | committeeman and delegates and alternate delegates) to the | 13 | | office of ....
to be voted upon at the primary election to be | 14 | | held on (insert date); that I am
legally qualified (including
| 15 | | being the holder of any license that may be an eligibility | 16 | | requirement
for the office I seek the nomination for) to hold | 17 | | such office and that I
have filed (or I will file before the | 18 | | close of the petition filing period)
a statement of economic | 19 | | interests as required by the Illinois
Governmental Ethics Act | 20 | | and I hereby request that my name be printed
upon the official | 21 | | primary ballot for nomination for (or election to in
the case | 22 | | of committeemen and delegates and alternate delegates) such
| 23 | | office.
| 24 | | Signed ......................
| 25 | | Subscribed and sworn to (or affirmed) before me by ...., |
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| 1 | | who is to me
personally known, on (insert date).
| 2 | | Signed ....................
| 3 | | (Official Character)
| 4 | | (Seal, if officer has one.)
| 5 | | The petitions, when filed, shall not be withdrawn or added | 6 | | to, and no
signatures shall be revoked except by revocation | 7 | | filed in writing with
the State Board of Elections, election | 8 | | authority or local election
official with whom the petition is | 9 | | required to be filed, and before the
filing of such petition. | 10 | | Whoever forges the name of a signer upon any
petition required | 11 | | by this Article is deemed guilty of a forgery and on
conviction | 12 | | thereof shall be punished accordingly.
| 13 | | A candidate for the offices listed in this Section must | 14 | | obtain the number
of signatures specified in this Section on | 15 | | his or her petition for nomination.
| 16 | | (a) Statewide office or delegate to a national nominating | 17 | | convention. If a
candidate seeks to run for statewide office or | 18 | | as a delegate or alternate
delegate to a national nominating | 19 | | convention elected from the State at-large,
then the | 20 | | candidate's petition for nomination must contain at least 5,000 | 21 | | but
not more than 10,000 signatures.
| 22 | | (b) Congressional office or congressional delegate to a | 23 | | national nominating
convention. If a candidate seeks to run for | 24 | | United States Congress or as a
congressional delegate or | 25 | | alternate congressional delegate to a national
nominating |
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| 1 | | convention elected from a congressional district, then the
| 2 | | candidate's petition for nomination must contain at least the | 3 | | number of
signatures equal to 0.5% of the qualified primary | 4 | | electors of his or her party
in his or her congressional | 5 | | district. In the first primary election following a
| 6 | | redistricting of congressional districts, a candidate's | 7 | | petition for nomination
must contain at least 600 signatures of | 8 | | qualified primary electors of the
candidate's political party | 9 | | in his or her congressional district.
| 10 | | (c) County office. If a candidate seeks to run for any | 11 | | countywide office,
including but not limited to county board | 12 | | chairperson or county board
member, elected on an at-large | 13 | | basis, in a county other than Cook County,
then the candidate's | 14 | | petition for nomination must contain at least the number
of | 15 | | signatures equal to 0.5% of the qualified electors of his or | 16 | | her party who
cast votes at the last preceding general election | 17 | | in his or her county. If a
candidate
seeks to run for county | 18 | | board member elected from a county board district, then
the | 19 | | candidate's petition for nomination must contain at least the | 20 | | number of
signatures equal to 0.5% of the qualified primary | 21 | | electors of his or her party
in the
county board district. In | 22 | | the first primary election following a redistricting
of county | 23 | | board districts or the initial establishment of county board
| 24 | | districts, a candidate's petition for nomination must contain | 25 | | at least the
number of signatures equal to 0.5% of the | 26 | | qualified electors of his or her
party
in the entire county who |
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| 1 | | cast votes at the last preceding general election
divided by | 2 | | the
total number of county board districts comprising the | 3 | | county board; provided
that
in no event shall the number of | 4 | | signatures be less than 25.
| 5 | | (d) County office; Cook County only.
| 6 | | (1) If a candidate seeks to run for countywide office | 7 | | in Cook County,
then the candidate's petition for | 8 | | nomination must contain at least the number
of signatures | 9 | | equal to 0.5% of the qualified electors of his or her party | 10 | | who
cast votes at the last preceding general election in | 11 | | Cook County.
| 12 | | (2) If a candidate seeks to run for Cook County Board | 13 | | Commissioner,
then the candidate's petition for nomination | 14 | | must contain at least the number
of signatures equal to | 15 | | 0.5% of
the qualified primary electors of his or her party | 16 | | in his or her county board
district. In the first primary | 17 | | election following a redistricting of Cook
County Board of | 18 | | Commissioners districts, a candidate's petition for
| 19 | | nomination must contain at least the number of signatures | 20 | | equal to 0.5% of
the qualified electors of his or her party | 21 | | in the entire county who cast votes
at the last
preceding | 22 | | general election divided by the total number of county | 23 | | board
districts comprising the county board; provided that | 24 | | in no event shall the
number of signatures be less than 25.
| 25 | | (3) If a candidate seeks to run for Cook County Board | 26 | | of Review
Commissioner, which is elected from a district |
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| 1 | | pursuant to subsection (c)
of Section 5-5 of the Property | 2 | | Tax Code, then the candidate's petition for
nomination must | 3 | | contain at least the number of signatures equal to 0.5% of
| 4 | | the total number of registered voters in his or her board | 5 | | of
review district in the last general election at which a | 6 | | commissioner was
regularly scheduled to be elected from | 7 | | that board of review district. In no
event shall the number | 8 | | of signatures required be greater than the requisite
number | 9 | | for a candidate who seeks countywide office in Cook County
| 10 | | under subsection (d)(1) of this Section. In the first | 11 | | primary election
following a redistricting of Cook County | 12 | | Board of Review districts, a
candidate's petition for | 13 | | nomination must contain at least 4,000 signatures
or at | 14 | | least the number of signatures required for a countywide | 15 | | candidate in
Cook County, whichever is less,
of the | 16 | | qualified electors of his or her party in the district.
| 17 | | (e) Municipal or township office. If a candidate seeks to | 18 | | run for municipal
or township office, then the candidate's | 19 | | petition for nomination must contain
at least the number of | 20 | | signatures equal to 0.5% of the qualified primary
electors of | 21 | | his or her party in the municipality or township. If a | 22 | | candidate
seeks to run for alderman of a municipality, then the | 23 | | candidate's petition for
nomination must contain at least the | 24 | | number of signatures equal to 0.5% of the
qualified primary | 25 | | electors of his or her party of the ward. In the first
primary | 26 | | election following redistricting of aldermanic wards or |
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| 1 | | trustee
districts of a municipality or the initial | 2 | | establishment of wards or districts,
a candidate's petition for | 3 | | nomination must contain the number of signatures
equal to at | 4 | | least 0.5% of the total number of votes cast for the candidate | 5 | | of
that political party who received the highest number of | 6 | | votes in the entire
municipality at the last regular election | 7 | | at which an officer was regularly
scheduled to be elected from
| 8 | | the entire municipality, divided by the number of wards or | 9 | | districts. In no
event shall the number of signatures be less | 10 | | than 25.
| 11 | | (f) State central committeeperson. If a candidate seeks to | 12 | | run for State
central committeeperson, then the candidate's | 13 | | petition for nomination must
contain at least 100 signatures of | 14 | | the primary electors of his or her party of
his or
her | 15 | | congressional district.
| 16 | | (g) Sanitary district trustee. If a candidate seeks to run | 17 | | for trustee of a
sanitary district in which trustees are not | 18 | | elected from wards, then the
candidate's petition for | 19 | | nomination must contain at least the number of
signatures equal | 20 | | to 0.5% of the primary electors of his or her party from the
| 21 | | sanitary district. If a candidate seeks to run for trustee
of a | 22 | | sanitary district in which trustees are elected from wards, | 23 | | then the
candidate's petition for
nomination must contain at | 24 | | least the number of signatures equal to 0.5% of the
primary | 25 | | electors of his or her party in the ward of that sanitary | 26 | | district. In
the
first primary election following |
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| 1 | | redistricting of sanitary districts elected
from wards, a | 2 | | candidate's petition for nomination must contain at least the
| 3 | | signatures of 150 qualified primary electors of his or her ward | 4 | | of that
sanitary district.
| 5 | | (h) Judicial office. If a candidate seeks to run for | 6 | | judicial office in a district, then the candidate's petition | 7 | | for nomination must contain the number of signatures equal to | 8 | | 0.4% of the number of votes cast in that district for the | 9 | | candidate for his or her political party for the office of | 10 | | Governor at the last general election at which a Governor was | 11 | | elected, but in no event less than 500 signatures. If a | 12 | | candidate seeks to run for judicial office in a
circuit or | 13 | | subcircuit, then the candidate's petition for nomination
must | 14 | | contain the number of signatures equal to 0.25% of the number | 15 | | of votes
cast for the judicial candidate of his or her | 16 | | political party who received the
highest number of votes
at the | 17 | | last general election at which a judicial
officer from the same | 18 | | circuit or subcircuit was regularly scheduled
to be elected, | 19 | | but in no event less than 1,000 signatures in circuits and | 20 | | subcircuits located in the First Judicial District or 500 | 21 | | signatures in every other Judicial District.
| 22 | | (i) Precinct, ward, and township committeeperson. If a | 23 | | candidate seeks to
run for precinct committeeperson, then the | 24 | | candidate's petition for nomination
must contain at least 10 | 25 | | signatures of the primary electors of his or her
party for the | 26 | | precinct. If a candidate seeks to run for ward committeeperson,
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| 1 | | then the candidate's petition for nomination must contain no | 2 | | less than the
number of signatures equal to 10% of the primary | 3 | | electors of his or her party
of the ward, but no more than 16% | 4 | | of those same electors; provided that the
maximum number of | 5 | | signatures may be 50 more than the minimum number, whichever
is | 6 | | greater. If a candidate seeks to run for township | 7 | | committeeperson, then the
candidate's petition for nomination | 8 | | must contain no less than the number of
signatures equal to 5% | 9 | | of the primary electors of his or her party of the
township, | 10 | | but no more than 8% of those same electors;
provided that the | 11 | | maximum number of signatures may be 50 more than the
minimum | 12 | | number, whichever is greater.
| 13 | | (j) State's attorney or regional superintendent of schools | 14 | | for multiple
counties. If
a candidate seeks to run for State's | 15 | | attorney or regional Superintendent of
Schools who serves more | 16 | | than one county, then the candidate's petition for
nomination | 17 | | must contain at least the number of signatures equal to 0.5% of | 18 | | the
primary electors of his or her party in the territory | 19 | | comprising the counties.
| 20 | | (k) Any other office. If a candidate seeks any other | 21 | | office, then the
candidate's petition for nomination must | 22 | | contain at least the number of
signatures equal to 0.5% of the | 23 | | registered voters of the political subdivision,
district, or | 24 | | division for which the nomination is made or 25 signatures,
| 25 | | whichever is greater.
| 26 | | For purposes of this Section the number of primary electors |
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| 1 | | shall be
determined by taking the total vote cast, in the | 2 | | applicable district, for the
candidate for that political party | 3 | | who received the highest number of votes,
statewide, at the | 4 | | last general election in the State at which electors for
| 5 | | President of the United States were elected. For political | 6 | | subdivisions, the
number of primary electors shall be | 7 | | determined by taking the total vote
cast for the candidate for | 8 | | that political party who received the highest number
of votes | 9 | | in the political subdivision at the last regular election at | 10 | | which an
officer was regularly scheduled to be elected from | 11 | | that subdivision. For wards
or districts of political | 12 | | subdivisions, the number of primary electors shall be
| 13 | | determined by taking the total vote cast for the candidate for | 14 | | that political
party who received the highest number of votes | 15 | | in the ward or district at the
last regular election at which | 16 | | an officer was regularly scheduled to be elected
from that ward | 17 | | or district.
| 18 | | A "qualified primary elector" of a party may not
sign | 19 | | petitions for or be a candidate in the primary of more than
one | 20 | | party.
| 21 | | The changes made to this Section of this amendatory Act of | 22 | | the 93rd General
Assembly are declarative of existing law, | 23 | | except for item (3) of subsection
(d).
| 24 | | Petitions of candidates for nomination for offices herein | 25 | | specified,
to be filed with the same officer, may contain the | 26 | | names of 2 or more
candidates of the same political party for |
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| 1 | | the same or different
offices. In the case of the offices of | 2 | | Governor and Lieutenant Governor, a joint petition including | 3 | | one candidate for each of those offices must be filed.
| 4 | | (Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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