Full Text of SB1265 99th General Assembly
SB1265ham001 99TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 5/29/2015
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| 1 | | AMENDMENT TO SENATE BILL 1265
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1265 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 7-12 and 25-7 as follows:
| 6 | | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| 7 | | Sec. 7-12. All petitions for nomination shall be filed by | 8 | | mail or
in person as follows: | 9 | | (1) Where the nomination is to be made for a State, | 10 | | congressional, or
judicial office, or for any office a | 11 | | nomination for which is made for a
territorial division or | 12 | | district which comprises more than one county or
is partly | 13 | | in one county and partly in another county or counties, | 14 | | then,
except as otherwise provided in this Section, such | 15 | | petition for nomination
shall be filed in the principal | 16 | | office of the State Board of Elections not
more than 113 |
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| 1 | | and not less than 106 days prior to the date of the | 2 | | primary,
but, in the case of petitions for nomination to | 3 | | fill a vacancy by special
election in the office of | 4 | | representative in Congress from this State, such
petition | 5 | | for nomination shall be filed in the principal office of | 6 | | the State
Board of Elections not more than 85 57 days and | 7 | | not less than 82 50 days prior to
the date of the primary.
| 8 | | Where a vacancy occurs in the office of Supreme, | 9 | | Appellate or Circuit
Court Judge within the 3-week period | 10 | | preceding the 106th day before a
general primary election, | 11 | | petitions for nomination for the office in which
the | 12 | | vacancy has occurred shall be filed in the principal office | 13 | | of the
State Board of Elections not more than 92 nor less | 14 | | than 85 days prior to
the date of the general primary | 15 | | election.
| 16 | | Where the nomination is to be made for delegates or | 17 | | alternate
delegates to a national nominating convention, | 18 | | then such petition for
nomination shall be filed in the | 19 | | principal office of the State Board of
Elections not more | 20 | | than 113 and not less than 106 days prior to the date of
| 21 | | the primary; provided, however, that if the rules or | 22 | | policies of a national
political party conflict with such | 23 | | requirements for filing petitions for
nomination for | 24 | | delegates or alternate delegates to a national nominating
| 25 | | convention, the chairman of the State central committee of | 26 | | such national
political party shall notify the Board in |
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| 1 | | writing, citing by reference the
rules or policies of the | 2 | | national political party in conflict, and in such
case the | 3 | | Board shall direct such petitions to be filed in accordance | 4 | | with the delegate selection plan adopted by the state | 5 | | central committee of such national political party.
| 6 | | (2) Where the nomination is to be made for a county | 7 | | office or trustee
of a sanitary district then such petition | 8 | | shall be filed in the office
of the county clerk not more | 9 | | than 113 nor less than 106 days prior to the
date of the | 10 | | primary.
| 11 | | (3) Where the nomination is to be made for a municipal | 12 | | or township
office, such petitions for nomination shall be | 13 | | filed in the office of
the local election official, not | 14 | | more than 99 nor less than 92 days
prior to the date of the | 15 | | primary; provided, where a municipality's or
township's | 16 | | boundaries are coextensive with or are entirely within the
| 17 | | jurisdiction of a municipal board of election | 18 | | commissioners, the petitions
shall be filed in the office | 19 | | of such board; and provided, that petitions
for the office | 20 | | of multi-township assessor shall be filed with the election
| 21 | | authority.
| 22 | | (4) The petitions of candidates for State central | 23 | | committeeman shall
be filed in the principal office of the | 24 | | State Board of Elections not
more than 113 nor less than | 25 | | 106 days prior to the date of the primary.
| 26 | | (5) Petitions of candidates for precinct, township or |
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| 1 | | ward
committeemen shall be filed in the office of the | 2 | | county clerk not more
than 113 nor less than 106 days prior | 3 | | to the date of the primary.
| 4 | | (6) The State Board of Elections and the various | 5 | | election authorities
and local election officials with | 6 | | whom such petitions for nominations
are filed shall specify | 7 | | the place where filings shall be made and upon
receipt | 8 | | shall endorse thereon the day and hour on which each | 9 | | petition
was filed. All petitions filed by persons waiting | 10 | | in line as of 8:00
a.m. on the first day for filing, or as | 11 | | of the normal opening hour of
the office involved on such | 12 | | day, shall be deemed filed as of 8:00 a.m.
or the normal | 13 | | opening hour, as the case may be. Petitions filed by mail
| 14 | | and received after midnight of the first day for filing and | 15 | | in the first
mail delivery or pickup of that day shall be | 16 | | deemed as filed as of 8:00
a.m. of that day or as of the | 17 | | normal opening hour of such day, as the
case may be. All | 18 | | petitions received thereafter shall be deemed as filed
in | 19 | | the order of actual receipt. However, 2 or more petitions | 20 | | filed within the last hour of the filing deadline shall be | 21 | | deemed filed simultaneously. Where 2 or more petitions are | 22 | | received
simultaneously, the State Board of Elections or | 23 | | the various election
authorities or local election | 24 | | officials with whom such petitions are
filed shall break | 25 | | ties and determine the order of filing, by means of a
| 26 | | lottery or other fair and impartial method of random |
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| 1 | | selection approved
by the State Board of Elections. Such | 2 | | lottery shall be conducted within
9 days following the last | 3 | | day for petition filing and shall be open to the
public. | 4 | | Seven days written notice of the time and place of | 5 | | conducting such
random selection shall be given by the | 6 | | State Board of Elections to the
chairman of the State | 7 | | central committee of each established political
party, and | 8 | | by each election authority or local election official, to | 9 | | the
County Chairman of each established political party, | 10 | | and to each
organization of citizens within the election | 11 | | jurisdiction which was
entitled, under this Article, at the | 12 | | next preceding election, to have
pollwatchers present on | 13 | | the day of election. The State Board of Elections,
election | 14 | | authority or local election official shall post in a | 15 | | conspicuous,
open and public place, at the entrance of the | 16 | | office, notice of the time
and place of such lottery. The | 17 | | State Board of Elections shall adopt rules
and regulations | 18 | | governing the procedures for the conduct of such lottery.
| 19 | | All candidates shall be certified in the order in which | 20 | | their petitions
have been filed. Where candidates have | 21 | | filed simultaneously, they shall be
certified in the order | 22 | | determined by lot and prior to candidates who filed
for the | 23 | | same office at a later time.
| 24 | | (7) The State Board of Elections or the appropriate | 25 | | election
authority or local election official with whom | 26 | | such a petition for
nomination is filed shall notify the |
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| 1 | | person for whom a petition for
nomination has been filed of | 2 | | the obligation to file statements of
organization, reports | 3 | | of campaign contributions, and annual reports of
campaign | 4 | | contributions and expenditures under Article 9 of this Act.
| 5 | | Such notice shall be given in the manner prescribed by | 6 | | paragraph (7) of
Section 9-16 of this Code.
| 7 | | (8) Nomination papers filed under this Section are not | 8 | | valid if the
candidate named therein fails to file a | 9 | | statement of economic interests
as required by the Illinois | 10 | | Governmental Ethics Act in relation to his
candidacy with | 11 | | the appropriate officer by the end of the period for the
| 12 | | filing of nomination papers unless he has filed a statement | 13 | | of economic
interests in relation to the same governmental | 14 | | unit with that officer
within a year preceding the date on | 15 | | which such nomination papers were
filed. If the nomination | 16 | | papers of any candidate and the statement of
economic | 17 | | interest of that candidate are not required to be filed | 18 | | with
the same officer, the candidate must file with the | 19 | | officer with whom the
nomination papers are filed a receipt | 20 | | from the officer with whom the
statement of economic | 21 | | interests is filed showing the date on which such
statement | 22 | | was filed. Such receipt shall be so filed not later than | 23 | | the
last day on which nomination papers may be filed.
| 24 | | (9) Any person for whom a petition for nomination, or | 25 | | for committeeman or
for delegate or alternate delegate to a | 26 | | national nominating convention has
been filed may cause his |
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| 1 | | name to be withdrawn by request in writing, signed
by him | 2 | | and duly acknowledged before an officer qualified to take
| 3 | | acknowledgments of deeds, and filed in the principal or | 4 | | permanent branch
office of the State Board of Elections or | 5 | | with the appropriate election
authority or local election | 6 | | official, not later than the date of
certification of | 7 | | candidates for the consolidated primary or general primary
| 8 | | ballot. No names so withdrawn shall be certified or printed | 9 | | on the
primary ballot. If petitions for nomination have | 10 | | been filed for the
same person with respect to more than | 11 | | one political party, his name
shall not be certified nor | 12 | | printed on the primary ballot of any party.
If petitions | 13 | | for nomination have been filed for the same person for 2 or
| 14 | | more offices which are incompatible so that the same person | 15 | | could not
serve in more than one of such offices if | 16 | | elected, that person must
withdraw as a candidate for all | 17 | | but one of such offices within the
5 business days | 18 | | following the last day for petition filing. A candidate in | 19 | | a judicial election may file petitions for nomination for | 20 | | only one vacancy in a subcircuit and only one vacancy in a | 21 | | circuit in any one filing period, and if petitions for | 22 | | nomination have been filed for the same person for 2 or | 23 | | more vacancies in the same circuit or subcircuit in the | 24 | | same filing period, his or her name shall be certified only | 25 | | for the first vacancy for which the petitions for | 26 | | nomination were filed. If he fails to
withdraw as a |
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| 1 | | candidate for all but one of such offices within such time
| 2 | | his name shall not be certified, nor printed on the primary | 3 | | ballot, for any
office. For the purpose of the foregoing | 4 | | provisions, an office in a
political party is not | 5 | | incompatible with any other office.
| 6 | | (10)(a) Notwithstanding the provisions of any other | 7 | | statute, no primary
shall be held for an established | 8 | | political party in any township,
municipality, or ward | 9 | | thereof, where the nomination of such
party for every | 10 | | office to be voted upon by the electors of such
township, | 11 | | municipality, or ward thereof, is uncontested. Whenever a
| 12 | | political party's nomination of candidates is uncontested | 13 | | as to one or
more, but not all, of the offices to be voted | 14 | | upon by the electors of a
township, municipality, or ward | 15 | | thereof, then a primary shall
be held for that party in | 16 | | such township, municipality, or ward thereof;
provided | 17 | | that the primary ballot shall not include those offices
| 18 | | within such township, municipality, or ward thereof, for | 19 | | which the
nomination is uncontested. For purposes of this | 20 | | Article, the nomination
of an established political party | 21 | | of a candidate for election to an office
shall be deemed to | 22 | | be uncontested where not more than the number of persons
to | 23 | | be nominated have timely filed valid nomination papers | 24 | | seeking the
nomination of such party for election to such | 25 | | office.
| 26 | | (b) Notwithstanding the provisions of any other |
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| 1 | | statute, no primary
election shall be held for an | 2 | | established political party for any special
primary | 3 | | election called for the purpose of filling a vacancy in the | 4 | | office
of representative in the United States Congress | 5 | | where the nomination of
such political party for said | 6 | | office is uncontested. For the purposes of
this Article, | 7 | | the nomination of an established political party of a
| 8 | | candidate for election to said office shall be deemed to be | 9 | | uncontested
where not more than the number of persons to be | 10 | | nominated have timely filed
valid nomination papers | 11 | | seeking the nomination of such established party
for | 12 | | election to said office. This subsection (b) shall not | 13 | | apply if such
primary election is conducted on a regularly | 14 | | scheduled election day.
| 15 | | (c) Notwithstanding the provisions in subparagraph (a) | 16 | | and (b) of this
paragraph (10), whenever a person who has | 17 | | not timely filed valid nomination
papers and who intends to | 18 | | become a write-in candidate for a political
party's | 19 | | nomination for any office for which the nomination is | 20 | | uncontested
files a written statement or notice of that | 21 | | intent with the State Board of
Elections or the local | 22 | | election official with whom nomination papers for
such | 23 | | office are filed, a primary ballot shall be prepared and a | 24 | | primary
shall be held for that office. Such statement or | 25 | | notice shall be filed on
or before the date established in | 26 | | this Article for certifying candidates
for the primary |
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| 1 | | ballot. Such statement or notice shall contain (i) the
name | 2 | | and address of the person intending to become a write-in | 3 | | candidate,
(ii) a statement that the person is a qualified | 4 | | primary elector of the
political party from whom the | 5 | | nomination is sought, (iii) a statement that
the person | 6 | | intends to become a write-in candidate for the party's
| 7 | | nomination, and (iv) the office the person is seeking as a | 8 | | write-in
candidate. An election authority shall have no | 9 | | duty to conduct a primary
and prepare a primary ballot for | 10 | | any office for which the nomination is
uncontested unless a | 11 | | statement or notice meeting the requirements of this
| 12 | | Section is filed in a timely manner.
| 13 | | (11) If multiple sets of nomination papers are filed | 14 | | for a candidate to
the same office, the State Board of | 15 | | Elections, appropriate election
authority or local | 16 | | election official where the petitions are filed shall
| 17 | | within 2 business days notify the candidate of his or her | 18 | | multiple petition
filings and that the candidate has 3 | 19 | | business days after receipt of the
notice to notify the | 20 | | State Board of Elections, appropriate election
authority | 21 | | or local election official that he or she may cancel prior | 22 | | sets
of petitions. If the candidate notifies the State | 23 | | Board of Elections,
appropriate election authority or | 24 | | local election official, the last set of
petitions filed | 25 | | shall be the only petitions to be considered valid by the
| 26 | | State Board of Elections, election authority or local |
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| 1 | | election official. If
the candidate fails to notify the | 2 | | State Board of Elections, election authority
or local
| 3 | | election official then only the first set of petitions | 4 | | filed shall be valid
and all subsequent petitions shall be | 5 | | void.
| 6 | | (12) All nominating petitions shall be available for | 7 | | public inspection
and shall be preserved for a period of | 8 | | not less than 6 months.
| 9 | | (Source: P.A. 96-1008, eff. 7-6-10; 97-81, eff. 7-5-11; | 10 | | 97-1044, eff. 1-1-13.)
| 11 | | (10 ILCS 5/25-7) (from Ch. 46, par. 25-7)
| 12 | | (Text of Section before amendment by P.A. 98-1171 )
| 13 | | Sec. 25-7.
(a) When any vacancy shall occur in the office | 14 | | of representative in congress
from this state more than 240 180 | 15 | | days before the next general election, the
Governor shall issue | 16 | | a writ of election within 5 days after the occurrence
of that | 17 | | vacancy to the county clerks of the several counties in the
| 18 | | district where the vacancy exists, appointing a day within 180 | 19 | | 115 days of issuance of the writ to hold
a special election to | 20 | | fill such vacancy.
| 21 | | (b) Notwithstanding subsection (a) of this Section or any | 22 | | other law to the contrary, a special election to fill a vacancy | 23 | | in the office of representative in congress occurring less than | 24 | | 60 days following the 2012 general election shall be held as | 25 | | provided in this subsection (b). A special primary election |
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| 1 | | shall be held on February 26, 2013, and a special election | 2 | | shall be held on April 9, 2013. | 3 | | Except as provided in this subsection (b), the provisions | 4 | | of Article 7 of this Code are applicable to petitions for the | 5 | | special primary election and special election. Petitions for | 6 | | nomination in accordance with Article 7 shall be filed in the | 7 | | principal office of the State Board of Elections not more than | 8 | | 85 54 and not less than 82 50 days prior to the date of the | 9 | | special primary election, excluding Saturday and Sunday. | 10 | | Petitions for the nomination of independent candidates and | 11 | | candidates of new political parties shall be filed in the | 12 | | principal office of the State Board of Elections not more than | 13 | | 93 68 and not less than 90 64 days prior to the date of the | 14 | | special election, excluding Saturday and Sunday. | 15 | | Except as provided in this subsection, the State Board of | 16 | | Elections shall have authority to establish, in conjunction | 17 | | with the impacted election authorities, an election calendar | 18 | | for the special election and special primary. | 19 | | If an election authority is unable to have a sufficient | 20 | | number of ballots printed so that ballots will be available for | 21 | | mailing at least 46 days prior to the special primary election | 22 | | or special election to persons who have filed an application | 23 | | for a ballot under the provisions of Article 20 of this Code, | 24 | | the election authority shall, no later than 45 days prior to | 25 | | each election, mail to each of those persons a Special Write-in | 26 | | Absentee Voter's Blank Ballot in accordance with Section |
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| 1 | | 16-5.01 of this Code. The election authority shall advise those | 2 | | persons that the names of candidates to be nominated or elected | 3 | | shall be available on the election authority's website and | 4 | | shall provide a phone number the person may call to request the | 5 | | names of the candidates for nomination or election. | 6 | | (Source: P.A. 97-1134, eff. 12-3-12.)
| 7 | | (Text of Section after amendment by P.A. 98-1171 )
| 8 | | Sec. 25-7.
(a) When any vacancy shall occur in the office | 9 | | of representative in congress
from this state more than 240 180 | 10 | | days before the next general election, the
Governor shall issue | 11 | | a writ of election within 5 days after the occurrence
of that | 12 | | vacancy to the county clerks of the several counties in the
| 13 | | district where the vacancy exists, appointing a day within 180 | 14 | | 115 days of issuance of the writ to hold
a special election to | 15 | | fill such vacancy.
| 16 | | (b) Notwithstanding subsection (a) of this Section or any | 17 | | other law to the contrary, a special election to fill a vacancy | 18 | | in the office of representative in congress occurring less than | 19 | | 60 days following the 2012 general election shall be held as | 20 | | provided in this subsection (b). A special primary election | 21 | | shall be held on February 26, 2013, and a special election | 22 | | shall be held on April 9, 2013. | 23 | | Except as provided in this subsection (b), the provisions | 24 | | of Article 7 of this Code are applicable to petitions for the | 25 | | special primary election and special election. Petitions for |
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| 1 | | nomination in accordance with Article 7 shall be filed in the | 2 | | principal office of the State Board of Elections not more than | 3 | | 85 54 and not less than 82 50 days prior to the date of the | 4 | | special primary election, excluding Saturday and Sunday. | 5 | | Petitions for the nomination of independent candidates and | 6 | | candidates of new political parties shall be filed in the | 7 | | principal office of the State Board of Elections not more than | 8 | | 93 68 and not less than 90 64 days prior to the date of the | 9 | | special election, excluding Saturday and Sunday. | 10 | | Except as provided in this subsection, the State Board of | 11 | | Elections shall have authority to establish, in conjunction | 12 | | with the impacted election authorities, an election calendar | 13 | | for the special election and special primary. | 14 | | If an election authority is unable to have a sufficient | 15 | | number of ballots printed so that ballots will be available for | 16 | | mailing at least 46 days prior to the special primary election | 17 | | or special election to persons who have filed an application | 18 | | for a ballot under the provisions of Article 20 of this Code, | 19 | | the election authority shall, no later than 45 days prior to | 20 | | each election, mail to each of those persons a Special Write-in | 21 | | Vote by Mail Voter's Blank Ballot in accordance with Section | 22 | | 16-5.01 of this Code. The election authority shall advise those | 23 | | persons that the names of candidates to be nominated or elected | 24 | | shall be available on the election authority's website and | 25 | | shall provide a phone number the person may call to request the | 26 | | names of the candidates for nomination or election. |
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| 1 | | (Source: P.A. 97-1134, eff. 12-3-12; 98-1171, eff. 6-1-15.)
| 2 | | Section 95. No acceleration or delay. Where this Act makes | 3 | | changes in a statute that is represented in this Act by text | 4 | | that is not yet or no longer in effect (for example, a Section | 5 | | represented by multiple versions), the use of that text does | 6 | | not accelerate or delay the taking effect of (i) the changes | 7 | | made by this Act or (ii) provisions derived from any other | 8 | | Public Act.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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