Full Text of HB6000 100th General Assembly
HB6000 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB6000 Introduced , by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/7-12 | from Ch. 46, par. 7-12 | 10 ILCS 5/8-9 | from Ch. 46, par. 8-9 | 10 ILCS 5/10-6.2 | from Ch. 46, par. 10-6.2 | 10 ILCS 5/10-7 | from Ch. 46, par. 10-7 |
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Amends the Election Code. Provides that a person's name can appear on a ballot under multiple political parties for the same office if he or she has met the nominating requirements for each political party. Makes conforming changes throughout the Code.
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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 | 5 | | Sections 7-12, 8-9, 10-6.2., and 10-7 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 | 17 | | and not less than 106 days prior to the date of the | 18 | | primary,
but, in the case of petitions for nomination to | 19 | | fill a vacancy by special
election in the office of | 20 | | representative in Congress from this State, such
petition | 21 | | for nomination shall be filed in the principal office of | 22 | | the State
Board of Elections not more than 85 days and not | 23 | | less than 82 days prior to
the date of the primary.
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| 1 | | Where a vacancy occurs in the office of Supreme, | 2 | | Appellate or Circuit
Court Judge within the 3-week period | 3 | | preceding the 106th day before a
general primary election, | 4 | | petitions for nomination for the office in which
the | 5 | | vacancy has occurred shall be filed in the principal office | 6 | | of the
State Board of Elections not more than 92 nor less | 7 | | than 85 days prior to
the date of the general primary | 8 | | election.
| 9 | | Where the nomination is to be made for delegates or | 10 | | alternate
delegates to a national nominating convention, | 11 | | then such petition for
nomination shall be filed in the | 12 | | principal office of the State Board of
Elections not more | 13 | | than 113 and not less than 106 days prior to the date of
| 14 | | the primary; provided, however, that if the rules or | 15 | | policies of a national
political party conflict with such | 16 | | requirements for filing petitions for
nomination for | 17 | | delegates or alternate delegates to a national nominating
| 18 | | convention, the chair of the State central committee of | 19 | | such national
political party shall notify the Board in | 20 | | writing, citing by reference the
rules or policies of the | 21 | | national political party in conflict, and in such
case the | 22 | | Board shall direct such petitions to be filed in accordance | 23 | | with the delegate selection plan adopted by the state | 24 | | central committee of such national political party.
| 25 | | (2) Where the nomination is to be made for a county | 26 | | office or trustee
of a sanitary district then such petition |
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| 1 | | shall be filed in the office
of the county clerk not more | 2 | | than 113 nor less than 106 days prior to the
date of the | 3 | | primary.
| 4 | | (3) Where the nomination is to be made for a municipal | 5 | | or township
office, such petitions for nomination shall be | 6 | | filed in the office of
the local election official, not | 7 | | more than 99 nor less than 92 days
prior to the date of the | 8 | | primary; provided, where a municipality's or
township's | 9 | | boundaries are coextensive with or are entirely within the
| 10 | | jurisdiction of a municipal board of election | 11 | | commissioners, the petitions
shall be filed in the office | 12 | | of such board; and provided, that petitions
for the office | 13 | | of multi-township assessor shall be filed with the election
| 14 | | authority.
| 15 | | (4) The petitions of candidates for State central | 16 | | committeeperson shall
be filed in the principal office of | 17 | | the State Board of Elections not
more than 113 nor less | 18 | | than 106 days prior to the date of the primary.
| 19 | | (5) Petitions of candidates for precinct, township or | 20 | | ward committeepersons
shall be filed in the office of the | 21 | | county clerk not more
than 113 nor less than 106 days prior | 22 | | to the date of the primary.
| 23 | | (6) The State Board of Elections and the various | 24 | | election authorities
and local election officials with | 25 | | whom such petitions for nominations
are filed shall specify | 26 | | the place where filings shall be made and upon
receipt |
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| 1 | | shall endorse thereon the day and hour on which each | 2 | | petition
was filed. All petitions filed by persons waiting | 3 | | in line as of 8:00
a.m. on the first day for filing, or as | 4 | | of the normal opening hour of
the office involved on such | 5 | | day, shall be deemed filed as of 8:00 a.m.
or the normal | 6 | | opening hour, as the case may be. Petitions filed by mail
| 7 | | and received after midnight of the first day for filing and | 8 | | in the first
mail delivery or pickup of that day shall be | 9 | | deemed as filed as of 8:00
a.m. of that day or as of the | 10 | | normal opening hour of such day, as the
case may be. All | 11 | | petitions received thereafter shall be deemed as filed
in | 12 | | the order of actual receipt. However, 2 or more petitions | 13 | | filed within the last hour of the filing deadline shall be | 14 | | deemed filed simultaneously. Where 2 or more petitions are | 15 | | received
simultaneously, the State Board of Elections or | 16 | | the various election
authorities or local election | 17 | | officials with whom such petitions are
filed shall break | 18 | | ties and determine the order of filing, by means of a
| 19 | | lottery or other fair and impartial method of random | 20 | | selection approved
by the State Board of Elections. Such | 21 | | lottery shall be conducted within
9 days following the last | 22 | | day for petition filing and shall be open to the
public. | 23 | | Seven days written notice of the time and place of | 24 | | conducting such
random selection shall be given by the | 25 | | State Board of Elections to the chair
of the State central | 26 | | committee of each established political
party, and by each |
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| 1 | | election authority or local election official, to the
| 2 | | County Chair of each established political party, and to | 3 | | each
organization of citizens within the election | 4 | | jurisdiction which was
entitled, under this Article, at the | 5 | | next preceding election, to have
pollwatchers present on | 6 | | the day of election. The State Board of Elections,
election | 7 | | authority or local election official shall post in a | 8 | | conspicuous,
open and public place, at the entrance of the | 9 | | office, notice of the time
and place of such lottery. The | 10 | | State Board of Elections shall adopt rules
and regulations | 11 | | governing the procedures for the conduct of such lottery.
| 12 | | All candidates shall be certified in the order in which | 13 | | their petitions
have been filed. Where candidates have | 14 | | filed simultaneously, they shall be
certified in the order | 15 | | determined by lot and prior to candidates who filed
for the | 16 | | same office at a later time.
| 17 | | (7) The State Board of Elections or the appropriate | 18 | | election
authority or local election official with whom | 19 | | such a petition for
nomination is filed shall notify the | 20 | | person for whom a petition for
nomination has been filed of | 21 | | the obligation to file statements of
organization, reports | 22 | | of campaign contributions, and annual reports of
campaign | 23 | | contributions and expenditures under Article 9 of this Act.
| 24 | | Such notice shall be given in the manner prescribed by | 25 | | paragraph (7) of
Section 9-16 of this Code.
| 26 | | (8) Nomination papers filed under this Section are not |
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| 1 | | valid if the
candidate named therein fails to file a | 2 | | statement of economic interests
as required by the Illinois | 3 | | Governmental Ethics Act in relation to his
candidacy with | 4 | | the appropriate officer by the end of the period for the
| 5 | | filing of nomination papers unless he has filed a statement | 6 | | of economic
interests in relation to the same governmental | 7 | | unit with that officer
within a year preceding the date on | 8 | | which such nomination papers were
filed. If the nomination | 9 | | papers of any candidate and the statement of
economic | 10 | | interest of that candidate are not required to be filed | 11 | | with
the same officer, the candidate must file with the | 12 | | officer with whom the
nomination papers are filed a receipt | 13 | | from the officer with whom the
statement of economic | 14 | | interests is filed showing the date on which such
statement | 15 | | was filed. Such receipt shall be so filed not later than | 16 | | the
last day on which nomination papers may be filed.
| 17 | | (9) Any person for whom a petition for nomination, or | 18 | | for committeeperson or
for delegate or alternate delegate | 19 | | to a national nominating convention has
been filed may | 20 | | cause his name to be withdrawn by request in writing, | 21 | | signed
by him and duly acknowledged before an officer | 22 | | qualified to take
acknowledgments of deeds, and filed in | 23 | | the principal or permanent branch
office of the State Board | 24 | | of Elections or with the appropriate election
authority or | 25 | | local election official, not later than the date of
| 26 | | certification of candidates for the consolidated primary |
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| 1 | | or general primary
ballot. No names so withdrawn shall be | 2 | | certified or printed on the
primary ballot. If petitions | 3 | | for nomination have been filed for the
same person with | 4 | | respect to more than one political party, his or her name | 5 | | shall be certified for each political party meeting its | 6 | | respective nominating requirements and his or her name | 7 | | shall be printed on the primary ballot as the candidate for | 8 | | each such party his name
shall not be certified nor printed | 9 | | on the primary ballot of any party.
If petitions for | 10 | | nomination have been filed for the same person for 2 or
| 11 | | more offices which are incompatible so that the same person | 12 | | could not
serve in more than one of such offices if | 13 | | elected, that person must
withdraw as a candidate for all | 14 | | but one of such offices within the
5 business days | 15 | | following the last day for petition filing . A candidate in | 16 | | a judicial election may file petitions for nomination for | 17 | | only one vacancy in a subcircuit and only one vacancy in a | 18 | | circuit in any one filing period, and if petitions for | 19 | | nomination have been filed for the same person for 2 or | 20 | | more vacancies in the same circuit or subcircuit in the | 21 | | same filing period, his or her name shall be certified only | 22 | | for the first vacancy for which the petitions for | 23 | | nomination were filed. If he fails to
withdraw as a | 24 | | candidate for all but one of such offices within such time
| 25 | | his name shall not be certified, nor printed on the primary | 26 | | ballot, for any
office. For the purpose of the foregoing |
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| 1 | | provisions, an office in a
political party is not | 2 | | incompatible with any other office.
| 3 | | (10)(a) Notwithstanding the provisions of any other | 4 | | statute, no primary
shall be held for an established | 5 | | political party in any township,
municipality, or ward | 6 | | thereof, where the nomination of such
party for every | 7 | | office to be voted upon by the electors of such
township, | 8 | | municipality, or ward thereof, is uncontested. Whenever a
| 9 | | political party's nomination of candidates is uncontested | 10 | | as to one or
more, but not all, of the offices to be voted | 11 | | upon by the electors of a
township, municipality, or ward | 12 | | thereof, then a primary shall
be held for that party in | 13 | | such township, municipality, or ward thereof;
provided | 14 | | that the primary ballot shall not include those offices
| 15 | | within such township, municipality, or ward thereof, for | 16 | | which the
nomination is uncontested. For purposes of this | 17 | | Article, the nomination
of an established political party | 18 | | of a candidate for election to an office
shall be deemed to | 19 | | be uncontested where not more than the number of persons
to | 20 | | be nominated have timely filed valid nomination papers | 21 | | seeking the
nomination of such party for election to such | 22 | | office.
| 23 | | (b) Notwithstanding the provisions of any other | 24 | | statute, no primary
election shall be held for an | 25 | | established political party for any special
primary | 26 | | election called for the purpose of filling a vacancy in the |
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| 1 | | office
of representative in the United States Congress | 2 | | where the nomination of
such political party for said | 3 | | office is uncontested. For the purposes of
this Article, | 4 | | the nomination of an established political party of a
| 5 | | candidate for election to said office shall be deemed to be | 6 | | uncontested
where not more than the number of persons to be | 7 | | nominated have timely filed
valid nomination papers | 8 | | seeking the nomination of such established party
for | 9 | | election to said office. This subsection (b) shall not | 10 | | apply if such
primary election is conducted on a regularly | 11 | | scheduled election day.
| 12 | | (c) Notwithstanding the provisions in subparagraph (a) | 13 | | and (b) of this
paragraph (10), whenever a person who has | 14 | | not timely filed valid nomination
papers and who intends to | 15 | | become a write-in candidate for a political
party's | 16 | | nomination for any office for which the nomination is | 17 | | uncontested
files a written statement or notice of that | 18 | | intent with the State Board of
Elections or the local | 19 | | election official with whom nomination papers for
such | 20 | | office are filed, a primary ballot shall be prepared and a | 21 | | primary
shall be held for that office. Such statement or | 22 | | notice shall be filed on
or before the date established in | 23 | | this Article for certifying candidates
for the primary | 24 | | ballot. Such statement or notice shall contain (i) the
name | 25 | | and address of the person intending to become a write-in | 26 | | candidate,
(ii) a statement that the person is a qualified |
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| 1 | | primary elector of the
political party from whom the | 2 | | nomination is sought, (iii) a statement that
the person | 3 | | intends to become a write-in candidate for the party's
| 4 | | nomination, and (iv) the office the person is seeking as a | 5 | | write-in
candidate. An election authority shall have no | 6 | | duty to conduct a primary
and prepare a primary ballot for | 7 | | any office for which the nomination is
uncontested unless a | 8 | | statement or notice meeting the requirements of this
| 9 | | Section is filed in a timely manner.
| 10 | | (11) Except as otherwise provided in this paragraph, if | 11 | | If multiple sets of nomination papers are filed for a | 12 | | candidate to
the same office, the State Board of Elections, | 13 | | appropriate election
authority or local election official | 14 | | where the petitions are filed shall
within 2 business days | 15 | | notify the candidate of his or her multiple petition
| 16 | | filings and that the candidate has 3 business days after | 17 | | receipt of the
notice to notify the State Board of | 18 | | Elections, appropriate election
authority or local | 19 | | election official that he or she may cancel prior sets
of | 20 | | petitions. If the candidate notifies the State Board of | 21 | | Elections,
appropriate election authority or local | 22 | | election official, the last set of
petitions filed shall be | 23 | | the only petitions to be considered valid by the
State | 24 | | Board of Elections, election authority or local election | 25 | | official. If
the candidate fails to notify the State Board | 26 | | of Elections, election authority
or local
election |
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| 1 | | official then only the first set of petitions filed shall | 2 | | be valid
and all subsequent petitions shall be void. | 3 | | However, if multiple sets of nomination papers are filed | 4 | | for a candidate to
the same office, each by a different | 5 | | political party, then each set of petitions filed shall be | 6 | | valid.
| 7 | | (12) All nominating petitions shall be available for | 8 | | public inspection
and shall be preserved for a period of | 9 | | not less than 6 months.
| 10 | | (Source: P.A. 99-221, eff. 7-31-15; 100-1027, eff. 1-1-19 .)
| 11 | | (10 ILCS 5/8-9) (from Ch. 46, par. 8-9)
| 12 | | Sec. 8-9.
All petitions for nomination shall be filed by | 13 | | mail or in
person as follows:
| 14 | | (1) Where the nomination is made for a legislative | 15 | | office, such
petition for nomination shall be filed in the | 16 | | principal office of the
State Board of Elections not more | 17 | | than 113 and not less than 106 days
prior to the date of | 18 | | the primary.
| 19 | | (2) The State Board of Elections shall, upon receipt of | 20 | | each
petition, endorse thereon the day and hour on which it | 21 | | was filed.
Petitions filed by mail and received after | 22 | | midnight on the first day for
filing and in the first mail | 23 | | delivery or pickup of that day, shall be deemed
as filed as | 24 | | of 8:00 a.m. of that day or as of the normal opening hour | 25 | | of
such day as the case may be, and all petitions received |
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| 1 | | thereafter shall be
deemed as filed in the order of actual | 2 | | receipt. However, 2 or more petitions filed within the last | 3 | | hour of the filing deadline shall be deemed to have been | 4 | | filed simultaneously. Where 2 or more petitions
are | 5 | | received simultaneously, the State Board of Elections | 6 | | shall break ties
and determine the order of filing, by | 7 | | means of a lottery as provided in
Section 7-12 of this | 8 | | Code.
| 9 | | (3) Any person for whom a petition for nomination has | 10 | | been filed,
may cause his name to be withdrawn by a request | 11 | | in writing, signed by
him, duly acknowledged before an | 12 | | officer qualified to take
acknowledgments of deeds, and | 13 | | filed in the principal or permanent branch
office of the | 14 | | State Board of Elections not later than the date of
| 15 | | certification of candidates for the general primary | 16 | | ballot, and no names so
withdrawn shall be certified by the | 17 | | State Board
of Elections to the county clerk, or printed on | 18 | | the primary ballot. If
petitions for nomination have been | 19 | | filed for the same person with
respect to more than one | 20 | | political party, his or her name shall be certified for | 21 | | each political party meeting its respective nominating | 22 | | requirements and his or her name shall be printed on the | 23 | | primary ballot as the candidate for each such party his | 24 | | name shall not be
certified nor printed on the primary | 25 | | ballot of any party . If petitions
for nomination have been | 26 | | filed for the same person for 2 or more offices
which are |
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| 1 | | incompatible so that the same person could not serve in | 2 | | more
than one of such offices if elected, that person must | 3 | | withdraw as a
candidate for all but one of such offices | 4 | | within the 5 business days following
the last day for | 5 | | petition filing. If he fails to withdraw as a candidate for
| 6 | | all but one of such offices within such time, his name | 7 | | shall not be
certified, nor printed on the primary ballot, | 8 | | for any office. For the
purpose of the foregoing | 9 | | provisions, an office in a political party is
not | 10 | | incompatible with any other office.
| 11 | | (4) Except as otherwise provided in this paragraph, if | 12 | | If multiple sets of nomination papers are filed for a | 13 | | candidate to
the same office, the State Board of Elections | 14 | | shall within 2 business days
notify the candidate of his or | 15 | | her multiple petition filings and that the
candidate has 3 | 16 | | business days after receipt of the notice to notify the
| 17 | | State Board of Elections that he or she may cancel prior | 18 | | sets of petitions.
If the candidate notifies the State | 19 | | Board of Elections the last set of
petitions filed shall be | 20 | | the only petitions to be considered valid by the State
| 21 | | Board of Elections. If the candidate fails to notify the | 22 | | State Board then
only the first set of petitions filed | 23 | | shall be valid and all subsequent
petitions shall be void. | 24 | | However, if multiple sets of nomination papers are filed | 25 | | for a candidate to
the same office, each by a different | 26 | | political party, then each set of petitions filed shall be |
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| 1 | | valid.
| 2 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 3 | | (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
| 4 | | Sec. 10-6.2.
The State Board of Elections, the election | 5 | | authority or
the local election official with whom petitions | 6 | | for nomination are filed
pursuant to this Article 10 shall | 7 | | specify the place where filings shall
be made and upon receipt | 8 | | shall endorse thereon the day and the hour at
which each | 9 | | petition was filed. Except as provided by Article 9 of The
| 10 | | School Code, all petitions filed by persons waiting
in line as | 11 | | of 8:00 a.m. on the first day for filing, or as of the normal
| 12 | | opening hour of the office involved on such day, shall be | 13 | | deemed filed
as of 8:00 a.m. or the normal opening hour, as the | 14 | | case may be.
Petitions filed by mail and received after | 15 | | midnight of the first day for
filing and in the first mail | 16 | | delivery or pickup of that day shall be
deemed filed as of 8:00 | 17 | | a.m. of that day or as of the normal opening
hour of such day, | 18 | | as the case may be. All petitions received thereafter
shall be | 19 | | deemed filed in the order of actual receipt. However, 2 or more | 20 | | petitions filed within the last hour of the filing deadline | 21 | | shall be deemed filed simultaneously. Where 2 or more
petitions | 22 | | are received simultaneously, the State Board of Elections, the
| 23 | | election authority or the local election official with whom | 24 | | such
petitions are filed shall break ties and determine the | 25 | | order of filing
by means of a lottery or other fair and |
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| 1 | | impartial method of random
selection approved by the State | 2 | | Board of Elections. Such lottery shall
be conducted within 9 | 3 | | days following the last day for petition filing and shall
be | 4 | | open to the public. Seven days written notice of the time and | 5 | | place of
conducting such random selection shall be given, by | 6 | | the State Board of
Elections, the election authority, or local | 7 | | election official, to the Chair
of each political party, and to | 8 | | each organization of citizens within the
election jurisdiction | 9 | | which was entitled, under this Code, at the next
preceding | 10 | | election, to have pollwatchers present on the day of election. | 11 | | The
State Board of Elections, the election authority or local | 12 | | election official
shall post in a conspicuous, open and public | 13 | | place, at the entrance of the
office, notice of the time and | 14 | | place of such lottery. The State Board of
Elections shall adopt | 15 | | rules and regulations governing the procedures for
the conduct | 16 | | of such lottery. All candidates shall be
certified in the order | 17 | | in which their petitions have been filed and in the
manner | 18 | | prescribed by Section 10-14 and 10-15 of this Article. Where
| 19 | | candidates have filed simultaneously, they shall be certified | 20 | | in the order
determined by lot and prior to candidates who | 21 | | filed for the same office or
offices at a later time. | 22 | | Certificates of nomination filed within the
period prescribed | 23 | | in Section 10-6(2) for candidates nominated by caucus for
| 24 | | township or municipal offices shall be subject to the ballot | 25 | | placement
lottery for established political parties prescribed | 26 | | in Section 7-60 of
this Code.
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| 1 | | Except as otherwise provided in this paragraph, if If | 2 | | multiple sets of nomination papers are filed for a candidate to
| 3 | | the same office, the State Board of Elections, appropriate | 4 | | election
authority or local election official where the | 5 | | petitions are filed shall
within 2 business days notify the | 6 | | candidate of his or her multiple petition
filings and that the | 7 | | candidate has 3 business days after receipt of the notice
to | 8 | | notify the State Board of Elections, appropriate election | 9 | | authority or local
election official that he or she may cancel | 10 | | prior sets of petitions. If the
candidate notifies the State | 11 | | Board of Elections, appropriate election authority
or local | 12 | | election official, the last set of petitions filed shall be the | 13 | | only
petitions to be considered valid by the State Board of | 14 | | Elections, election
authority or local election official. If | 15 | | the candidate fails to notify the
State Board of Elections, | 16 | | appropriate election authority or local election
official then | 17 | | only the first set of petitions filed shall be valid and all
| 18 | | subsequent petitions shall be void. However, if multiple sets | 19 | | of nomination papers are filed for a candidate to
the same | 20 | | office, each by a different political party, then each set of | 21 | | petitions filed shall be valid.
| 22 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 23 | | (10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
| 24 | | Sec. 10-7.
Any person whose name has been presented as a | 25 | | candidate, including nonpartisan and independent candidates,
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| 1 | | may cause his name to be withdrawn from any such nomination by | 2 | | his
request in writing, signed by him and duly acknowledged | 3 | | before an
officer qualified to take acknowledgment of deeds, | 4 | | and presented to the
principal office or permanent branch | 5 | | office of the Board, the election
authority, or the local | 6 | | election official, as the case may be, not later
than the date | 7 | | for certification of candidates for the ballot. No name so
| 8 | | withdrawn shall be printed upon the ballots under the party | 9 | | appellation or
title from which the candidate has withdrawn his | 10 | | name. If such a request for withdrawal is received after the | 11 | | date for certification of the candidates for the ballot, then | 12 | | the votes cast for the withdrawn candidate are invalid and | 13 | | shall not be reported by the election authority. If the name of | 14 | | the
same person has been presented as a candidate for 2 or more | 15 | | offices which
are incompatible so that the same person could | 16 | | not serve in more than one
of such offices if elected, that | 17 | | person must withdraw as a candidate for
all but one of such | 18 | | offices within the 5 business days following the last
day for | 19 | | petition filing. If he fails to withdraw as a candidate for all
| 20 | | but one of such offices within such time, his name shall not be | 21 | | certified,
nor printed on the ballot, for any office. However, | 22 | | nothing in this section
shall be construed as precluding a | 23 | | judge who is seeking retention in office
from also being a | 24 | | candidate for another judicial office. Except as
otherwise | 25 | | herein provided, in case the certificate of nomination or
| 26 | | petition as provided for in this Article shall contain or |
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| 1 | | exhibit the name
of any candidate for any office upon more than | 2 | | one of said certificates or
petitions (for the same office), | 3 | | then and in that case the Board or
election authority or local | 4 | | election official, as the case may be, shall
permit the name of | 5 | | said candidate to appear or be printed or placed upon said | 6 | | ballot under each political party appellation or group | 7 | | appearing on each certificate of nomination or petition | 8 | | immediately notify said candidate of said fact and that his | 9 | | name appears
unlawfully upon more than one of said certificates | 10 | | or petitions and that
within 3 days from the receipt of said | 11 | | notification, said candidate must
elect as to which of said | 12 | | political party appellations or groups he desires
his name to | 13 | | appear and remain under upon said ballot, and if said candidate
| 14 | | refuses, fails or neglects to make such election, then and in | 15 | | that case the
Board or election authority or local election | 16 | | official, as the case may be,
shall permit the name of said | 17 | | candidate to appear or be printed or placed
upon said ballot | 18 | | only under the political party appellation or group
appearing | 19 | | on the certificate of nomination or petition, as the case may | 20 | | be,
first filed, and shall strike or cause to be stricken the | 21 | | name of said
candidate from all certificates of nomination and | 22 | | petitions
filed after the first such certificate of nomination | 23 | | or petition .
| 24 | | Whenever the name of a candidate for an office is withdrawn | 25 | | from a new
political party petition, it shall constitute a | 26 | | vacancy in nomination for
that office which may be filled in |
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| 1 | | accordance with Section 10-11 of this
Article; provided, that | 2 | | if the names of all candidates for all offices on
a new | 3 | | political party petition are withdrawn or such petition is | 4 | | declared
invalid by an electoral board or upon judicial review, | 5 | | no vacancies in
nomination for those offices shall exist and | 6 | | the filing of any notice or
resolution purporting to fill | 7 | | vacancies in nomination shall have no legal effect.
| 8 | | Whenever the name of an independent candidate for an office | 9 | | is withdrawn
or an independent candidate's petition is declared | 10 | | invalid by an electoral
board or upon judicial review, no | 11 | | vacancy in nomination for that office
shall exist and the | 12 | | filing of any notice or resolution purporting to fill
a vacancy | 13 | | in nomination shall have no legal effect.
| 14 | | All certificates of nomination and nomination papers when | 15 | | presented or
filed shall be open, under proper regulation, to | 16 | | public inspection, and the
State Board of Elections and the | 17 | | several election authorities and local
election officials | 18 | | having charge of nomination papers shall preserve the
same in | 19 | | their respective offices not less than 6 months.
| 20 | | (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15 .)
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