Illinois General Assembly - Full Text of HB3817
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Full Text of HB3817  98th General Assembly

HB3817ham002 98TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 11/18/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3817

2    AMENDMENT NO. ______. Amend House Bill 3817 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Section 10-6 as follows:
 
6    (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
7    Sec. 10-6. Time and manner of filing. Certificates of
8nomination and nomination papers for the nomination of
9candidates for offices to be filled by electors of the entire
10State, or any district not entirely within a county, or for
11congressional, state legislative or judicial offices, shall be
12presented to the principal office of the State Board of
13Elections not more than 141 nor less than 134 days previous to
14the day of election for which the candidates are nominated. The
15State Board of Elections shall endorse the certificates of
16nomination or nomination papers, as the case may be, and the

 

 

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1date and hour of presentment to it. Except as otherwise
2provided in this section, all other certificates for the
3nomination of candidates shall be filed with the county clerk
4of the respective counties not more than 141 but at least 134
5days previous to the day of such election. Certificates of
6nomination and nomination papers for the nomination of
7candidates for school district offices to be filled at
8consolidated elections shall be filed with the county clerk or
9county board of election commissioners of the county election
10authority in which the principal office of the school district
11is located not more than 113 nor less than 106 days before the
12consolidated election. Certificates of nomination and
13nomination papers for the nomination of candidates for the
14other offices of political subdivisions to be filled at regular
15elections other than the general election shall be filed with
16the local election official of such subdivision:
17        (1) (Blank);
18        (2) not more than 113 nor less than 106 days prior to
19    the consolidated election; or
20        (3) not more than 113 nor less than 106 days prior to
21    the general primary in the case of municipal offices to be
22    filled at the general primary election; or
23        (4) not more than 99 nor less than 92 days before the
24    consolidated primary in the case of municipal offices to be
25    elected on a nonpartisan basis pursuant to law (including
26    without limitation, those municipal offices subject to

 

 

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1    Articles 4 and 5 of the Municipal Code); or
2        (5) not more than 113 nor less than 106 days before the
3    municipal primary in even numbered years for such
4    nonpartisan municipal offices where annual elections are
5    provided; or
6        (6) in the case of petitions for the office of
7    multi-township assessor, such petitions shall be filed
8    with the election authority not more than 113 nor less than
9    106 days before the consolidated election.
10    However, where a political subdivision's boundaries are
11co-extensive with or are entirely within the jurisdiction of a
12municipal board of election commissioners, the certificates of
13nomination and nomination papers for candidates for such
14political subdivision offices shall be filed in the office of
15such Board.
16(Source: P.A. 98-691, eff. 7-1-14.)
 
17    Section 10. The School Code is amended by changing Section
189-10 as follows:
 
19    (105 ILCS 5/9-10)  (from Ch. 122, par. 9-10)
20    Sec. 9-10. Candidates for office - Nominating petitions.
21Candidates for the office of school director shall be nominated
22by petition signed by at least 25 voters or 5% of the voters,
23whichever is less, residing within the district and filed with
24the county clerk or the county board of election commissioners,

 

 

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1as the case may be, of the county in which the principal office
2of the school district is located.
3    Nominations for members of boards of education, including
4non-high school boards of education shall be made by a petition
5signed by at least 50 voters or 10% of the voters, whichever is
6less, residing within the district and shall be filed with the
7county clerk or the county board of election commissioners, as
8the case may be, of the county in which the principal office of
9the school district is located. In addition to the requirements
10of the general election law, the form of such petitions shall
11be substantially as follows:
12
NOMINATING PETITIONS
13
(LEAVE OUT THE INAPPLICABLE PART.)
14    To the (County Clerk or County Board of Election
15Commissioners) .... of .... County:
16    We the undersigned, being (.... or more) (or 10% or more)
17(or 5% or more) of the voters residing within said district,
18hereby petition that .... who resides at .... in the (city or
19village) of .... in Township .... (or who resides outside any
20city, village or incorporated town and in Township ....) in
21said district shall be a candidate for the office of .... of
22the board of education (or board of directors) (full term)
23(vacancy) to be voted for at the election to be held on (insert
24date).
25    Name: .................. Address: ...................
 

 

 

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1    In the designation of the name of a candidate on a petition
2for nomination, the candidate's given name or names, initial or
3initials, a nickname by which the candidate is commonly known,
4or a combination thereof may be used in addition to the
5candidate's surname. If a candidate has changed his or her
6name, whether by a statutory or common law procedure in
7Illinois or any other jurisdiction, within 3 years before the
8last day for filing the petition, then (i) the candidate's name
9on the petition must be followed by "formerly known as (list
10all prior names during the 3-year period) until name changed on
11(list date of each such name change)" and (ii) the petition
12must be accompanied by the candidate's affidavit stating the
13candidate's previous names during the period specified in
14clause (i) and the date or dates each of those names was
15changed; failure to meet these requirements shall be grounds
16for denying certification of the candidate's name for the
17ballot, but these requirements do not apply to name changes
18resulting from adoption to assume an adoptive parent's or
19parents' surname, marriage to assume a spouse's surname, or
20dissolution of marriage or declaration of invalidity of
21marriage to assume a former surname. No other designation, such
22as a political slogan, as defined by Section 7-17 of the
23Election Code, title or degree, or nickname suggesting or
24implying possession of a title, degree or professional status,
25or similar information may be used in connection with the
26candidate's surname.

 

 

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1    Nomination papers filed under this Section are not valid
2unless the candidate named therein files with the county clerk
3or the county board of election commissioners, as the case may
4be, of the county in which the principal office of the school
5district is located a receipt from the county clerk showing
6that the candidate has filed a statement of economic interests
7as required by the Illinois Governmental Ethics Act. Such
8receipt shall be so filed either previously during the calendar
9year in which his nomination papers were filed or within the
10period for the filing of nomination papers in accordance with
11the general election law.
12    All petitions for the nomination of members of a board of
13education shall be filed with the county clerk or the county
14board of election commissioners, as the case may be, of the
15county in which the principal office of the school district is
16located within the time provided for by the general election
17law. The county clerk or the county board of election
18commissioners shall receive and file only those petitions which
19include a statement of candidacy, the required number of voter
20signatures, the notarized signature of the petition circulator
21and a receipt from the County Clerk showing that the candidate
22has filed a statement of economic interest on or before the
23last day to file as required by the Illinois Governmental
24Ethics Act. The county clerk or the county board of election
25commissioners may have petition forms available for issuance to
26potential candidates, and may give notice of the petition

 

 

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1filing period by publication in a newspaper of general
2circulation within the school district not less than 10 days
3prior to the first day of filing. The county clerk or the
4county board of election commissioners shall make
5certification to the proper election authorities in accordance
6with the general election law.
7    The county clerk or the county board of election
8commissioners, as the case may be, of the county in which the
9principal office of the school district is located shall notify
10the candidates for whom a petition for nomination is filed or
11the appropriate committee of the obligations under the Campaign
12Financing Act as provided in the general election law. Such
13notice shall be given on a form prescribed by the State Board
14of Elections and in accordance with the requirements of the
15general election law. The county clerk or county board of
16election commissioners shall within 7 days of filing or on the
17last day for filing, whichever is earlier, acknowledge to the
18petitioner in writing the office's acceptance of the petition.
19    A candidate for membership on the board of education or for
20office as a school director, who has petitioned for nomination
21to fill a full term and to fill a vacant term to be voted upon
22at the same election, must withdraw his or her petition for
23nomination from either the full term or the vacant term by
24written declaration.
25    In all newly organized districts the petition for the
26nomination of candidates for members of the board of education

 

 

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1at the first election shall be addressed to and filed with the
2regional superintendent of schools in the manner herein
3specified for the petitions for members of a board of
4education. For such election the regional superintendent shall
5fulfill all duties otherwise assigned to the secretary of the
6board of education.
7(Source: P.A. 98-115, eff. 7-29-13.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".