Full Text of SB1459 100th General Assembly
SB1459sam001 100TH GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 3/10/2017
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| 1 | | AMENDMENT TO SENATE BILL 1459
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1459 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Notary Public Act is amended by | 5 | | changing Sections 1-104, 3-101, 3-102, 6-101, 6-102, 6-103, | 6 | | 6-104, and 6-105 and by adding Section 6-102.5 as follows:
| 7 | | (5 ILCS 312/1-104) (from Ch. 102, par. 201-104)
| 8 | | Sec. 1-104. Notary Public and Notarization Defined. | 9 | | (a) The terms "notary public" and "notary" are used | 10 | | interchangeably to
mean any individual appointed and | 11 | | commissioned to perform notarial acts , and include electronic | 12 | | notaries public performing notarial acts, except where | 13 | | expressly provided otherwise .
| 14 | | (a-5) "Electronic notary public" means any individual | 15 | | appointed and commissioned to perform notarial acts involving | 16 | | electronic documents. |
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| 1 | | (b) "Notarization" means the performance of a notarial act.
| 2 | | (b-5) "Electronic notarization" means the performance of a | 3 | | notarial act involving electronic documents. | 4 | | (c) "Accredited immigration representative" means a | 5 | | not-for-profit organization recognized by the Board of | 6 | | Immigration Appeals under 8 C.F.R. 292.2(a) and employees of | 7 | | those organizations accredited under 8 C.F.R. 292.2(d).
| 8 | | (Source: P.A. 93-1001, eff. 8-23-04.)
| 9 | | (5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
| 10 | | Sec. 3-101. Official Seal and Signature. | 11 | | (a) Except as provided under subsection (a-5) of this | 12 | | Section, each Each notary public shall, upon receiving the | 13 | | commission from the county
clerk, obtain an official rubber | 14 | | stamp seal with which the notary shall
authenticate his | 15 | | official acts. The rubber stamp seal shall contain the
| 16 | | following information:
| 17 | | (1)
the words "Official Seal";
| 18 | | (2)
the notary's official name;
| 19 | | (3)
the words "Notary Public", "State of Illinois", and | 20 | | "My commission
expires____________(commission expiration | 21 | | date)"; and
| 22 | | (4)
a serrated or milled edge border in a rectangular | 23 | | form not more than
one inch in height by two and one-half | 24 | | inches in length surrounding the information.
| 25 | | (a-5) Each electronic notary public shall also, upon |
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| 1 | | receiving his or her commission, obtain an official electronic | 2 | | seal with which the notary shall authenticate his or her | 3 | | official acts. The electronic seal shall contain the | 4 | | information required under subsection (a) of this Section, and | 5 | | be approved for use by the Secretary of State. | 6 | | For the purposes of this Act, "electronic seal" means | 7 | | information within a notarized electronic document that | 8 | | confirms the notary's name, jurisdiction, and commission | 9 | | expiration date, and generally corresponds to information in | 10 | | notary seals used on paper documents as provided under | 11 | | subsection (a) of this Section. | 12 | | (b) At the time of the notarial act, a notary public shall | 13 | | officially sign every notary certificate and affix the rubber | 14 | | stamp seal clearly and legibly using black ink, so that it is | 15 | | capable of photographic reproduction. The illegibility of any | 16 | | of the information required by this Section does not affect the | 17 | | validity of a transaction.
| 18 | | This subsection does not apply on or after July 1, 2013.
| 19 | | (Source: P.A. 95-988, eff. 6-1-09 .)
| 20 | | (5 ILCS 312/3-102) (from Ch. 102, par. 203-102)
| 21 | | Sec. 3-102. Notarial Record; Residential Real Property | 22 | | Transactions. | 23 | | (a) This Section shall apply to every notarial act in | 24 | | Illinois involving a document of conveyance that transfers or | 25 | | purports to transfer title to residential real property located |
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| 1 | | in Cook County. If the subject of the notarial act under this | 2 | | Section is performed by way of electronic notarization, that | 3 | | document and the notarization thereof shall conform to the | 4 | | requirements of this Section as much as practicable with regard | 5 | | to electronic documents. The Secretary of State shall adopt any | 6 | | other rules necessary to the performance of electronic | 7 | | notarization under this Section. | 8 | | (b) As used in this Section, the following terms shall have | 9 | | the meanings ascribed to them: | 10 | | (1) "Document of Conveyance" shall mean a written | 11 | | instrument that transfers or purports to transfer title | 12 | | effecting a change in ownership to Residential Real | 13 | | Property, excluding: | 14 | | (i) court-ordered and court-authorized conveyances | 15 | | of Residential Real Property, including without | 16 | | limitation, quit-claim deeds executed pursuant to a | 17 | | marital settlement agreement incorporated into a | 18 | | judgment of dissolution of marriage, and transfers in | 19 | | the administration of a probate estate; | 20 | | (ii) judicial sale deeds relating to Residential | 21 | | Real Property, including without limitation, sale | 22 | | deeds issued pursuant to proceedings to foreclose a | 23 | | mortgage or execute on a levy to enforce a judgment; | 24 | | (iii) deeds transferring ownership of Residential | 25 | | Real Property to a trust where the beneficiary is also | 26 | | the grantor; |
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| 1 | | (iv) deeds from grantors to themselves that are | 2 | | intended to change the nature or type of tenancy by | 3 | | which they own Residential Real Property; | 4 | | (v) deeds from a grantor to the grantor and another | 5 | | natural person that are intended to establish a tenancy | 6 | | by which the grantor and the other natural person own | 7 | | Residential Real Property; | 8 | | (vi) deeds executed to the mortgagee in lieu of | 9 | | foreclosure of a mortgage; and | 10 | | (vii) deeds transferring ownership to a revocable | 11 | | or irrevocable grantor trust where the beneficiary | 12 | | includes the grantor. | 13 | | (2) "Financial Institution" shall mean a State or | 14 | | federally chartered bank, savings and loan association, | 15 | | savings bank, credit union, or trust company.
| 16 | | (3) "Notarial Record" shall mean the written document | 17 | | created in conformity with this Section by a notary in | 18 | | connection with Documents of Conveyance. | 19 | | (4) "Residential Real Property" shall mean a building | 20 | | or buildings located in Cook County, Illinois and | 21 | | containing one to 4 dwelling units or an individual | 22 | | residential condominium unit. | 23 | | (5) "Title Insurance Agent" shall have the meaning | 24 | | ascribed to it under the Title Insurance Act.
| 25 | | (6) "Title Insurance Company" shall have the meaning | 26 | | ascribed to it under the Title Insurance Act.
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| 1 | | (c) A notary appointed and commissioned as a notary in | 2 | | Illinois shall, in addition to compliance with other provisions | 3 | | of this Act, create a Notarial Record of each notarial act | 4 | | performed in connection with a Document of Conveyance. The | 5 | | Notarial Record shall contain: | 6 | | (1) The date of the notarial act; | 7 | | (2) The type, title, or a description of the Document | 8 | | of Conveyance being notarized, and the property index | 9 | | number ("PIN") used to identify the Residential Real | 10 | | Property for assessment or taxation purposes and the common | 11 | | street address for the Residential Real Property that is | 12 | | the subject of the Document of Conveyance; | 13 | | (3) The signature, printed name, and residence street | 14 | | address of each person whose signature is the subject of | 15 | | the notarial act and a certification by the person that the | 16 | | property is Residential Real Property as defined in this | 17 | | Section, which states "The undersigned grantor hereby | 18 | | certifies that the real property identified in this | 19 | | Notarial Record is Residential Real Property as defined in | 20 | | the Illinois Notary Public Act". | 21 | | (4) A description of the satisfactory evidence | 22 | | reviewed by the notary to determine the identity of the | 23 | | person whose signature is the subject of the notarial act; | 24 | | (5) The date of notarization, the fee charged for the | 25 | | notarial act, the Notary's home or business phone number, | 26 | | the Notary's residence street address, the Notary's |
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| 1 | | commission expiration date, the correct legal name of the | 2 | | Notary's employer or principal, and the business street | 3 | | address of the Notary's employer or principal; and | 4 | | (6) The notary public shall require the person signing | 5 | | the Document of Conveyance (including an agent acting on | 6 | | behalf of a principal under a duly executed power of | 7 | | attorney), whose signature is the subject of the notarial | 8 | | act, to place his or her right thumbprint on the Notarial | 9 | | Record. If the right thumbprint is not available, then the | 10 | | notary shall have the party use his or her left thumb, or | 11 | | any available finger, and shall so indicate on the Notarial | 12 | | Record. If the party signing the document is physically | 13 | | unable to provide a thumbprint or fingerprint, the notary | 14 | | shall so indicate on the Notarial Record and shall also | 15 | | provide an explanation of that physical condition. The | 16 | | notary may obtain the thumbprint by any means that reliably | 17 | | captures the image of the finger in a physical or | 18 | | electronic medium. | 19 | | (d) If a notarial act under this Section is performed by a | 20 | | notary who is a principal, employee, or agent of a Title | 21 | | Insurance Company, Title Insurance Agent, Financial | 22 | | Institution, or attorney at law, the notary shall deliver the | 23 | | original Notarial Record to the notary's employer or principal | 24 | | within 14 days after the performance of the notarial act for | 25 | | retention for a period of 7 years as part of the employer's or | 26 | | principal's business records. In the event of a sale or merger |
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| 1 | | of any of the foregoing entities or persons, the successor or | 2 | | assignee of the entity or person shall assume the | 3 | | responsibility to maintain the Notarial Record for the balance | 4 | | of the 7-year business records retention period. Liquidation or | 5 | | other cessation of activities in the ordinary course of | 6 | | business by any of the foregoing entities or persons shall | 7 | | relieve the entity or person from the obligation to maintain | 8 | | Notarial Records after delivery of Notarial Records to the | 9 | | Recorder of Deeds of Cook County, Illinois. | 10 | | (e) If a notarial act is performed by a notary who is not a | 11 | | principal, employee, or agent of a Title Insurance Company, | 12 | | Title Insurance Agent, Financial Institution, or attorney at | 13 | | law, the notary shall deliver the original Notarial Record | 14 | | within 14 days after the performance of the notarial act to the | 15 | | Recorder of Deeds of Cook County, Illinois for retention for a | 16 | | period of 7 years, accompanied by a filing fee of $5. | 17 | | (f) The Notarial Record required under subsection (c) of | 18 | | this Section shall be created and maintained for each person | 19 | | whose signature is the subject of a notarial act regarding a | 20 | | Document of Conveyance and shall be in substantially the | 21 | | following form: | 22 | | NOTARIAL RECORD - RESIDENTIAL REAL PROPERTY TRANSACTIONS
| 23 | | Date Notarized:
| 24 | | Fee: $
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| 1 | | The undersigned grantor hereby certifies that the real property | 2 | | identified in this Notarial Record is Residential Real Property | 3 | | as defined in the Illinois Notary Public Act. | 4 | | Grantor's (Signer's) Printed Name:
| 5 | | Grantor's (Signer's) Signature:
| 6 | | Grantor's (Signer's) Residential Street Address, City, State, | 7 | | and Zip:
| 8 | | Type or Name of Document of Conveyance:
| 9 | | PIN No. of Residential Real Property:
| 10 | | Common Street Address of Residential Real Property:
| 11 | | Thumbprint or Fingerprint:
| 12 | | Description of Means of Identification:
| 13 | | Additional Comments:
| 14 | | Name of Notary Printed:
| 15 | | Notary Phone Number:
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| 1 | | Commission Expiration Date:
| 2 | | Residential Street Address of Notary, City, State, and Zip:
| 3 | | Name of Notary's Employer or Principal:
| 4 | | Business Street Address of Notary's Employer or Principal, | 5 | | City, State, and Zip:
| 6 | | (g) No copies of the original Notarial Record may be made | 7 | | or retained by the Notary. The Notary's employer or principal | 8 | | may retain copies of the Notarial Records as part of its | 9 | | business records, subject to applicable privacy and | 10 | | confidentiality standards. | 11 | | (h) The failure of a notary to comply with the procedure | 12 | | set forth in this Section shall not affect the validity of the | 13 | | Residential Real Property transaction in connection to which | 14 | | the Document of Conveyance is executed, in the absence of | 15 | | fraud. | 16 | | (i) The Notarial Record or other medium containing the | 17 | | thumbprint or fingerprint required by subsection (c)(6) shall | 18 | | be made available or disclosed only upon receipt of a subpoena | 19 | | duly authorized by a court of competent jurisdiction. Such | 20 | | Notarial Record or other medium shall not be subject to | 21 | | disclosure under the Freedom of Information Act and shall not |
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| 1 | | be made available to any other party, other than a party in | 2 | | succession of interest to the party maintaining the Notarial | 3 | | Record or other medium pursuant to subsection (d) or (e). | 4 | | (j) In the event there is a breach in the security of a | 5 | | Notarial Record maintained pursuant to subsections (d) and (e) | 6 | | by the Recorder of Deeds of Cook County, Illinois, the Recorder | 7 | | shall notify the person identified as the "signer" in the | 8 | | Notarial Record at the signer's residential street address set | 9 | | forth in the Notarial Record. "Breach" shall mean unauthorized | 10 | | acquisition of the fingerprint data contained in the Notarial | 11 | | Record that compromises the security, confidentiality, or | 12 | | integrity of the fingerprint data maintained by the Recorder. | 13 | | The notification shall be in writing and made in the most | 14 | | expedient time possible and without unreasonable delay, | 15 | | consistent with any measures necessary to determine the scope | 16 | | of the breach and restore the reasonable security, | 17 | | confidentiality, and integrity of the Recorder's data system.
| 18 | | (k) Subsections (a) through (i) shall not apply on and | 19 | | after July 1, 2018.
| 20 | | (Source: P.A. 97-508, eff. 8-23-11; 98-29, eff. 6-21-13.)
| 21 | | (5 ILCS 312/6-101) (from Ch. 102, par. 206-101)
| 22 | | Sec. 6-101. Definitions. | 23 | | (a) "Notarial act" means any act that a notary public of | 24 | | this State is
authorized to perform and includes taking an | 25 | | acknowledgment, administering
an oath or affirmation, taking a |
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| 1 | | verification upon oath or affirmation, and
witnessing or | 2 | | attesting a signature.
| 3 | | (a-5) "Electronic notarial act" means any act that a notary | 4 | | public of this State may perform under subsection (a) of this | 5 | | Section that involves electronic documents. | 6 | | (a-7) "Electronic signature" means an electronic sound, | 7 | | symbol, or process attached to or logically associated with an | 8 | | electronic document and executed or adopted by a person with | 9 | | the intent to sign the document. | 10 | | (a-9) "Electronic notarial certificate" means the portion | 11 | | of a notarized electronic document that is completed by the | 12 | | notary public, bears the notary's electronic signature, title, | 13 | | commission expiration date, and other required information | 14 | | concerning the date and place of the electronic notarization, | 15 | | and states the facts attested to or certified by the notary in | 16 | | a particular notarization. | 17 | | (b) "Acknowledgment" means a declaration by a person that | 18 | | the person
has executed an instrument for the purposes stated | 19 | | therein and, if the
instrument is executed in a representative | 20 | | capacity, that the person signed
the instrument with proper | 21 | | authority and executed it as the act of the
person or entity | 22 | | represented and identified therein.
| 23 | | (c) "Verification upon oath or affirmation" means a | 24 | | declaration that a
statement is true made by a person upon oath | 25 | | or affirmation.
| 26 | | (d) "In a representative capacity" means:
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| 1 | | (1) for and on behalf of a corporation, partnership, | 2 | | trust, or other
entity, as an authorized officer, agent, | 3 | | partner, trustee, or other representative;
| 4 | | (2) as a public officer, personal representative, | 5 | | guardian, or other
representative, in the capacity recited | 6 | | in the instrument;
| 7 | | (3) as an attorney in fact for a principal; or
| 8 | | (4) in any other capacity as an authorized | 9 | | representative of another.
| 10 | | (Source: P.A. 84-322 .)
| 11 | | (5 ILCS 312/6-102) (from Ch. 102, par. 206-102)
| 12 | | Sec. 6-102. Notarial Acts. | 13 | | (a) In taking an acknowledgment, the notary public must | 14 | | determine,
either from personal knowledge or from satisfactory | 15 | | evidence, that the
person appearing before the notary and | 16 | | making the acknowledgment is the
person whose true signature is | 17 | | on the instrument.
| 18 | | (b) In taking a verification upon oath or affirmation, the | 19 | | notary
public must determine, either from personal knowledge or | 20 | | from satisfactory
evidence, that the person appearing before | 21 | | the notary and making the
verification is the person whose true | 22 | | signature is on the statement verified.
| 23 | | (c) In witnessing or attesting a signature, the notary | 24 | | public must
determine, either from personal knowledge or from | 25 | | satisfactory evidence,
that the signature is that of the person |
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| 1 | | appearing before the notary and named therein.
| 2 | | (d) A notary public has satisfactory evidence that a person | 3 | | is the
person whose true signature is on a document if that | 4 | | person:
| 5 | | (1) is personally known to the notary;
| 6 | | (2) is identified upon the oath or affirmation of a | 7 | | credible witness
personally known to the notary; or
| 8 | | (3) is identified on the basis of identification | 9 | | documents. Identification documents are documents that are | 10 | | valid at the time of the notarial act, issued by a state | 11 | | agency, federal government agency, or consulate, and | 12 | | bearing the photographic image of the individual's face and | 13 | | signature of the individual.
| 14 | | (e) The provisions of this Section do not apply to | 15 | | electronic notarial acts as provided under Section 6-102.5. | 16 | | (Source: P.A. 97-397, eff. 1-1-12; 98-29, eff. 6-21-13.)
| 17 | | (5 ILCS 312/6-102.5 new) | 18 | | Sec. 6-102.5. Electronic Notarial Acts and Notarization. | 19 | | (a) The Secretary of State shall develop standards for | 20 | | electronic notarial acts and notarization, and the Department | 21 | | of Innovation and Technology shall provide assistance to the | 22 | | Secretary relating to the equipment, security, and | 23 | | technological aspects of the electronic notarization | 24 | | standards. | 25 | | (b) In addition to the requirements of Section 2-102, an |
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| 1 | | applicant to become an electronic notary public shall submit a | 2 | | registration form established by the Secretary for registering | 3 | | and being commissioned as an electronic notary public, which | 4 | | shall include: | 5 | | 1. the applicant's full legal and official notary | 6 | | names; | 7 | | 2. a general description of the technology or | 8 | | technologies the registrant will use to create an | 9 | | electronic signature in performing official acts; | 10 | | 3. certification of compliance with electronic notary | 11 | | standards developed under subsection (a); | 12 | | 4. the electronic mail address of the registrant; and | 13 | | 5. any other information the Secretary may deem | 14 | | necessary. | 15 | | (c) The registration form provided under this Section shall | 16 | | (i) be signed by the applicant using the electronic signature | 17 | | described in the form; (ii) include any decrypting | 18 | | instructions, codes, keys, or software that allow the | 19 | | registration to be read; and (iii) be transmitted | 20 | | electronically to the Secretary. | 21 | | (d) Upon being commissioned as an electronic notary public, | 22 | | a person may perform the notarial acts specified under | 23 | | subsection (a) of Section 6-101. In the case of an electronic | 24 | | notarization, satisfactory evidence of identity of the person | 25 | | for whom the notarial act is being performed may be based upon | 26 | | video and audio conference technology that permits the notary |
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| 1 | | to communicate with and identify that person at the time of the | 2 | | notarial act, provided that such identification is confirmed by | 3 | | (i) personal knowledge; (ii) an antecedent in-person identity | 4 | | proofing process; or (iii) any other form of confirmation as | 5 | | may be required by the Secretary.
| 6 | | (5 ILCS 312/6-103) (from Ch. 102, par. 206-103)
| 7 | | Sec. 6-103. Certificate of Notarial Acts. | 8 | | (a) A notarial act must be evidenced by a certificate | 9 | | signed and dated
by the notary public. The certificate must | 10 | | include identification of the
jurisdiction in which the | 11 | | notarial act is performed and the official seal of office.
| 12 | | (a-5) An electronic notarial act must be evidenced by an | 13 | | electronic notarial certificate with an electronic signature | 14 | | and dated by the electronic notary public. The certificate must | 15 | | include identification of the jurisdiction in which the | 16 | | notarial act is performed and the official electronic seal of | 17 | | office. | 18 | | (b) A certificate of a notarial act or an electronic | 19 | | notarial certificate is sufficient if it meets the
requirements | 20 | | of subsections subsection (a) or (a-5) and it:
| 21 | | (1) is in the short form set forth in Section 6-105;
| 22 | | (2) is in a form otherwise prescribed by the law of | 23 | | this State; or
| 24 | | (3) sets forth the actions of the notary public and | 25 | | those are
sufficient to meet the requirements of the |
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| 1 | | designated notarial act.
| 2 | | (Source: P.A. 84-322 .)
| 3 | | (5 ILCS 312/6-104) (from Ch. 102, par. 206-104)
| 4 | | Sec. 6-104. Acts Prohibited. | 5 | | (a) A notary public shall not use any name or initial in | 6 | | signing
certificates other than that by which the notary was | 7 | | commissioned.
| 8 | | (b) A notary public shall not acknowledge any instrument in | 9 | | which the
notary's name appears as a party to the transaction.
| 10 | | (c) A notary public shall not affix his signature to a | 11 | | blank form of
affidavit or certificate of acknowledgment and | 12 | | deliver that form to another
person with intent that it be used | 13 | | as an affidavit or acknowledgment.
| 14 | | (d) A notary public shall not take the acknowledgment of or | 15 | | administer
an oath to any person whom the notary actually knows | 16 | | to have been adjudged
mentally ill by a court of competent | 17 | | jurisdiction and who has not been
restored to mental health as | 18 | | a matter of record.
| 19 | | (e) A notary public shall not take the acknowledgment of | 20 | | any person who
is blind until the notary has read the | 21 | | instrument to such person.
| 22 | | (f) A notary public shall not take the acknowledgment of | 23 | | any person who
does not speak or understand the English | 24 | | language, unless the nature and
effect of the instrument to be | 25 | | notarized is translated into a language
which the person does |
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| 1 | | understand.
| 2 | | (g) A notary public shall not change anything in a written | 3 | | instrument
after it has been signed by anyone.
| 4 | | (h) No notary public shall be authorized to prepare any | 5 | | legal
instrument, or fill in the blanks of an instrument, other | 6 | | than a notary
certificate; however, this prohibition shall not | 7 | | prohibit an attorney,
who is also a notary public, from | 8 | | performing notarial acts for any document
prepared by that | 9 | | attorney.
| 10 | | (i) If a notary public accepts or receives any money from | 11 | | any one to
whom an oath has been administered or on behalf of | 12 | | whom an acknowledgment
has been taken for the purpose of | 13 | | transmitting or forwarding such money to
another and willfully | 14 | | fails to transmit or forward such money promptly, the
notary is | 15 | | personally liable for any loss sustained because of such | 16 | | failure.
The person or persons damaged by such failure may | 17 | | bring an action to
recover damages, together with interest and | 18 | | reasonable attorney fees,
against such notary public or his | 19 | | bondsmen.
| 20 | | (j) An electronic notary public shall not take the | 21 | | acknowledgement of any person certifying nominating petitions | 22 | | for political party candidates, judicial office candidates, or | 23 | | any office subject to the provisions of the Election Code. | 24 | | (Source: P.A. 85-421 .)
| 25 | | (5 ILCS 312/6-105) (from Ch. 102, par. 206-105)
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| 1 | | Sec. 6-105. Short Forms. The following short form | 2 | | certificates of notarial acts are sufficient for
the purposes | 3 | | indicated. Such forms may be made available in electronic form | 4 | | for use in electronic notarial acts.
| 5 | | (a) For an acknowledgment in an individual capacity:
| 6 | | State of _________________
| 7 | | County of ________________
| 8 | | This instrument was acknowledged before me on | 9 | | ___________(date) by
___________________(name/s of person/s).
| 10 | | | 11 | | ____________________________
| 12 | | (Signature of Notary Public)
| 13 | | (Seal)
| 14 | | (b) For an acknowledgment in a representative capacity:
| 15 | | State of ______________________
| 16 | | County of _____________________
| 17 | | This instrument was acknowledged before me on | 18 | | _________(date) by
__________________(name/s of person/s) as
| 19 | | _________________________________(type of authority, e.g., | 20 | | officer,
trustee, etc.) of _________________________(name of | 21 | | party on behalf of whom
instrument was executed).
| 22 | | | 23 | | _______________________________
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| 1 | | (Signature of Notary Public)
| 2 | | (Seal)
| 3 | | (c) For a verification upon oath or affirmation:
| 4 | | State of _________________
| 5 | | County of_________________
| 6 | | Signed and sworn (or affirmed) to before me on | 7 | | _________(date) by
_____________________(name/s of person/s | 8 | | making statement).
| 9 | | | 10 | | _______________________________
| 11 | | (Signature of Notary Public)
| 12 | | (Seal)
| 13 | | (d) For witnessing or attesting a signature:
| 14 | | State of_________________
| 15 | | County of _______________
| 16 | | Signed or attested before me on __________(date) by
| 17 | | __________________(name/s of person/s).
| 18 | | | 19 | | _______________________________
| 20 | | (Signature of Notary Public)
| 21 | | (Seal)
| 22 | | (Source: P.A. 84-322 .)
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| 1 | | Section 10. The Election Code is amended by changing | 2 | | Sections 7-10, 8-8, and 10-4 as follows:
| 3 | | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| 4 | | Sec. 7-10. Form of petition for nomination. The name of no | 5 | | candidate for
nomination, or State central committeeman, or | 6 | | township committeeman, or
precinct committeeman, or ward | 7 | | committeeman or candidate for delegate or
alternate delegate to | 8 | | national nominating conventions, shall be printed
upon the | 9 | | primary ballot unless a petition for nomination has been filed | 10 | | in
his behalf as provided in this Article in substantially the | 11 | | following form:
| 12 | | We, the undersigned, members of and affiliated with the | 13 | | .... party
and qualified primary electors of the .... party, in | 14 | | the .... of ....,
in the county of .... and State of Illinois, | 15 | | do hereby petition that
the following named person or persons | 16 | | shall be a candidate or candidates
of the .... party for the | 17 | | nomination for (or in case of committeemen for
election to) the | 18 | | office or offices hereinafter specified, to be voted
for at the | 19 | | primary election to be held on (insert date).
|
|
20 | | Name |
Office |
Address |
|
21 | | John Jones |
Governor |
Belvidere, Ill. |
|
22 | | Jane James | Lieutenant Governor | Peoria, Ill. |
|
23 | | Thomas Smith |
Attorney General |
Oakland, Ill. |
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| 1 | | Name.................. Address.......................
| 2 | | State of Illinois)
| 3 | | ) ss.
| 4 | | County of........)
| 5 | | I, ...., do hereby certify
that I reside at No. .... | 6 | | street, in the .... of ...., county of ....,
and State of | 7 | | ....., that I am 18 years of age or older, that
I am a citizen | 8 | | of the United States, and that the signatures on this sheet
| 9 | | were signed
in my presence, and are genuine, and that to the | 10 | | best of my knowledge
and belief the persons so signing were at | 11 | | the time of signing the
petitions qualified voters of the .... | 12 | | party, and that their respective
residences are correctly | 13 | | stated, as above set forth.
| 14 | | .........................
| 15 | | Subscribed and sworn to before me on (insert date).
| 16 | | .........................
| 17 | | Each sheet of the petition other than the statement of | 18 | | candidacy and
candidate's statement shall be of uniform size | 19 | | and shall contain above
the space for signatures an appropriate | 20 | | heading giving the information
as to name of candidate or | 21 | | candidates, in whose behalf such petition is
signed; the | 22 | | office, the political party represented and place of
residence; | 23 | | and the heading of each sheet shall be the same.
| 24 | | Such petition shall be signed by qualified primary electors |
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| 1 | | residing
in the political division for which the nomination is | 2 | | sought in their
own proper persons only and opposite the | 3 | | signature of each signer, his
residence address shall be | 4 | | written or printed. The residence address
required to be | 5 | | written or printed opposite each qualified primary elector's
| 6 | | name shall include the street address or rural route number of | 7 | | the signer,
as the case may be, as well as the signer's county, | 8 | | and city, village or
town, and state.
However the county or | 9 | | city, village or town, and state of residence of
the electors | 10 | | may be printed on the petition forms where all of the
electors | 11 | | signing the petition reside in the same county or city, village
| 12 | | or town, and state. Standard abbreviations may be used in | 13 | | writing the
residence address, including street number, if any. | 14 | | At the bottom of
each sheet of such petition shall be added a | 15 | | circulator statement signed by
a person 18 years of age or | 16 | | older who is a citizen of the United States,
stating the street | 17 | | address or rural route number, as the case may be, as well
as | 18 | | the county, city, village or town, and state;
and certifying | 19 | | that the signatures on that sheet of the petition were signed | 20 | | in
his or her presence and certifying that the signatures are | 21 | | genuine; and
either (1) indicating the dates on which that | 22 | | sheet was circulated, or (2)
indicating the first and last | 23 | | dates on which the sheet was circulated, or (3)
certifying that | 24 | | none of the signatures on the sheet were signed more than 90
| 25 | | days preceding the last day for the filing of the petition and | 26 | | certifying that
to the best of his or her knowledge and belief |
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| 1 | | the persons so signing were at
the time of signing the | 2 | | petitions qualified voters of the political party for
which a | 3 | | nomination is sought. Such statement shall be sworn to before | 4 | | some
officer authorized to administer oaths in this State , but | 5 | | such statement shall not be sworn to by using an electronic | 6 | | notary public as defined in Section 1-104 of the Illinois | 7 | | Notary Public Act .
| 8 | | No petition sheet shall be circulated more than 90 days | 9 | | preceding the
last day provided in Section 7-12 for the filing | 10 | | of such petition.
| 11 | | The person circulating the petition, or the candidate on | 12 | | whose behalf the
petition is circulated, may strike any | 13 | | signature from the petition,
provided that:
| 14 | | (1) the person striking the signature shall initial the | 15 | | petition at
the place where the signature is struck; and
| 16 | | (2) the person striking the signature shall sign a | 17 | | certification
listing the page number and line number of | 18 | | each signature struck from
the petition. Such | 19 | | certification shall be filed as a part of the petition.
| 20 | | Such sheets before being filed shall be neatly fastened | 21 | | together in
book form, by placing the sheets in a pile and | 22 | | fastening them together
at one edge in a secure and suitable | 23 | | manner, and the sheets shall then
be numbered consecutively. | 24 | | The sheets shall not be fastened by pasting
them together end | 25 | | to end, so as to form a continuous strip or roll. All
petition | 26 | | sheets which are filed with the proper local election |
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| 1 | | officials,
election authorities or the State Board of Elections | 2 | | shall be the original
sheets which have been signed by the | 3 | | voters and by the circulator thereof,
and not photocopies or | 4 | | duplicates of such sheets. Each petition must include
as a part | 5 | | thereof, a statement of candidacy for each of the candidates | 6 | | filing,
or in whose behalf the petition is filed. This | 7 | | statement shall set out the
address of such candidate, the | 8 | | office for which he is a candidate, shall state
that the | 9 | | candidate is a qualified primary voter of the party to which | 10 | | the
petition relates and is qualified for the office specified | 11 | | (in the case of a
candidate for State's Attorney it shall state | 12 | | that the candidate is at the time
of filing such statement a | 13 | | licensed attorney-at-law of this State), shall state
that he | 14 | | has filed (or will file before the close of the petition filing | 15 | | period)
a statement of economic interests as required by the | 16 | | Illinois Governmental
Ethics Act, shall request that the | 17 | | candidate's name be placed upon the official
ballot, and shall | 18 | | be subscribed and sworn to by such candidate before some
| 19 | | officer authorized to take acknowledgment of deeds in the State | 20 | | and shall be in
substantially the following form:
| 21 | | Statement of Candidacy
|
|
22 | | Name |
Address |
Office |
District |
Party |
|
23 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
|
24 | | |
Belvidere, |
|
|
|
|
25 | | |
Illinois |
|
|
|
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| 1 | | State of Illinois)
| 2 | | ) ss.
| 3 | | County of .......)
| 4 | | I, ...., being first duly sworn, say that I reside at .... | 5 | | Street in the city
(or village) of ...., in the county of ...., | 6 | | State of Illinois; that I
am a qualified voter therein and am a | 7 | | qualified primary voter of the ....
party; that I am a | 8 | | candidate for nomination (for election in the case of
| 9 | | committeeman and delegates and alternate delegates) to the | 10 | | office of ....
to be voted upon at the primary election to be | 11 | | held on (insert date); that I am
legally qualified (including
| 12 | | being the holder of any license that may be an eligibility | 13 | | requirement
for the office I seek the nomination for) to hold | 14 | | such office and that I
have filed (or I will file before the | 15 | | close of the petition filing period)
a statement of economic | 16 | | interests as required by the Illinois
Governmental Ethics Act | 17 | | and I hereby request that my name be printed
upon the official | 18 | | primary ballot for nomination for (or election to in
the case | 19 | | of committeemen and delegates and alternate delegates) such
| 20 | | office.
| 21 | | Signed ......................
| 22 | | Subscribed and sworn to (or affirmed) before me by ...., | 23 | | who is to me
personally known, on (insert date).
| 24 | | Signed ....................
| 25 | | (Official Character)
| 26 | | (Seal, if officer has one.)
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| 1 | | The petitions, when filed, shall not be withdrawn or added | 2 | | to, and no
signatures shall be revoked except by revocation | 3 | | filed in writing with
the State Board of Elections, election | 4 | | authority or local election
official with whom the petition is | 5 | | required to be filed, and before the
filing of such petition. | 6 | | Whoever forges the name of a signer upon any
petition required | 7 | | by this Article is deemed guilty of a forgery and on
conviction | 8 | | thereof shall be punished accordingly.
| 9 | | A candidate for the offices listed in this Section must | 10 | | obtain the number
of signatures specified in this Section on | 11 | | his or her petition for nomination.
| 12 | | (a) Statewide office or delegate to a national nominating | 13 | | convention. If a
candidate seeks to run for statewide office or | 14 | | as a delegate or alternate
delegate to a national nominating | 15 | | convention elected from the State at-large,
then the | 16 | | candidate's petition for nomination must contain at least 5,000 | 17 | | but
not more than 10,000 signatures.
| 18 | | (b) Congressional office or congressional delegate to a | 19 | | national nominating
convention. If a candidate seeks to run for | 20 | | United States Congress or as a
congressional delegate or | 21 | | alternate congressional delegate to a national
nominating | 22 | | convention elected from a congressional district, 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
in his or her congressional |
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| 1 | | district. In the first primary election following a
| 2 | | redistricting of congressional districts, a candidate's | 3 | | petition for nomination
must contain at least 600 signatures of | 4 | | qualified primary electors of the
candidate's political party | 5 | | in his or her congressional district.
| 6 | | (c) County office. If a candidate seeks to run for any | 7 | | countywide office,
including but not limited to county board | 8 | | chairperson or county board
member, elected on an at-large | 9 | | basis, in a county other than Cook County,
then the candidate's | 10 | | petition for nomination must contain at least the number
of | 11 | | signatures equal to 0.5% of the qualified electors of his or | 12 | | her party who
cast votes at the last preceding general election | 13 | | in his or her county. If a
candidate
seeks to run for county | 14 | | board member elected from a county board district, then
the | 15 | | candidate's petition for nomination must contain at least the | 16 | | number of
signatures equal to 0.5% of the qualified primary | 17 | | electors of his or her party
in the
county board district. In | 18 | | the first primary election following a redistricting
of county | 19 | | board districts or the initial establishment of county board
| 20 | | districts, a candidate's petition for nomination must contain | 21 | | at least the
number of signatures equal to 0.5% of the | 22 | | qualified electors of his or her
party
in the entire county who | 23 | | cast votes at the last preceding general election
divided by | 24 | | the
total number of county board districts comprising the | 25 | | county board; provided
that
in no event shall the number of | 26 | | signatures be less than 25.
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| 1 | | (d) County office; Cook County only.
| 2 | | (1) If a candidate seeks to run for countywide office | 3 | | in Cook County,
then the candidate's petition for | 4 | | nomination must contain at least the number
of signatures | 5 | | equal to 0.5% of the qualified electors of his or her party | 6 | | who
cast votes at the last preceding general election in | 7 | | Cook County.
| 8 | | (2) If a candidate seeks to run for Cook County Board | 9 | | Commissioner,
then the candidate's petition for nomination | 10 | | must contain at least the number
of signatures equal to | 11 | | 0.5% of
the qualified primary electors of his or her party | 12 | | in his or her county board
district. In the first primary | 13 | | election following a redistricting of Cook
County Board of | 14 | | Commissioners districts, a candidate's petition for
| 15 | | nomination must contain at least the number of signatures | 16 | | equal to 0.5% of
the qualified electors of his or her party | 17 | | in the entire county who cast votes
at the last
preceding | 18 | | general election divided by the total number of county | 19 | | board
districts comprising the county board; provided that | 20 | | in no event shall the
number of signatures be less than 25.
| 21 | | (3) If a candidate seeks to run for Cook County Board | 22 | | of Review
Commissioner, which is elected from a district | 23 | | pursuant to subsection (c)
of Section 5-5 of the Property | 24 | | Tax Code, then the candidate's petition for
nomination must | 25 | | contain at least the number of signatures equal to 0.5% of
| 26 | | the total number of registered voters in his or her board |
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| 1 | | of
review district in the last general election at which a | 2 | | commissioner was
regularly scheduled to be elected from | 3 | | that board of review district. In no
event shall the number | 4 | | of signatures required be greater than the requisite
number | 5 | | for a candidate who seeks countywide office in Cook County
| 6 | | under subsection (d)(1) of this Section. In the first | 7 | | primary election
following a redistricting of Cook County | 8 | | Board of Review districts, a
candidate's petition for | 9 | | nomination must contain at least 4,000 signatures
or at | 10 | | least the number of signatures required for a countywide | 11 | | candidate in
Cook County, whichever is less,
of the | 12 | | qualified electors of his or her party in the district.
| 13 | | (e) Municipal or township office. If a candidate seeks to | 14 | | run for municipal
or township office, then the candidate's | 15 | | petition for nomination must contain
at least the number of | 16 | | signatures equal to 0.5% of the qualified primary
electors of | 17 | | his or her party in the municipality or township. If a | 18 | | candidate
seeks to run for alderman of a municipality, 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 of the ward. In the first
primary | 22 | | election following redistricting of aldermanic wards or | 23 | | trustee
districts of a municipality or the initial | 24 | | establishment of wards or districts,
a candidate's petition for | 25 | | nomination must contain the number of signatures
equal to at | 26 | | least 0.5% of the total number of votes cast for the candidate |
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| 1 | | of
that political party who received the highest number of | 2 | | votes in the entire
municipality at the last regular election | 3 | | at which an officer was regularly
scheduled to be elected from
| 4 | | the entire municipality, divided by the number of wards or | 5 | | districts. In no
event shall the number of signatures be less | 6 | | than 25.
| 7 | | (f) State central committeeperson. If a candidate seeks to | 8 | | run for State
central committeeperson, then the candidate's | 9 | | petition for nomination must
contain at least 100 signatures of | 10 | | the primary electors of his or her party of
his or
her | 11 | | congressional district.
| 12 | | (g) Sanitary district trustee. If a candidate seeks to run | 13 | | for trustee of a
sanitary district in which trustees are not | 14 | | elected from wards, then the
candidate's petition for | 15 | | nomination must contain at least the number of
signatures equal | 16 | | to 0.5% of the primary electors of his or her party from the
| 17 | | sanitary district. If a candidate seeks to run for trustee
of a | 18 | | sanitary district in which trustees are elected from wards, | 19 | | then the
candidate's petition for
nomination must contain at | 20 | | least the number of signatures equal to 0.5% of the
primary | 21 | | electors of his or her party in the ward of that sanitary | 22 | | district. In
the
first primary election following | 23 | | redistricting of sanitary districts elected
from wards, a | 24 | | candidate's petition for nomination must contain at least the
| 25 | | signatures of 150 qualified primary electors of his or her ward | 26 | | of that
sanitary district.
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| 1 | | (h) Judicial office. If a candidate seeks to run for | 2 | | judicial office in a district, then the candidate's petition | 3 | | for nomination must contain the number of signatures equal to | 4 | | 0.4% of the number of votes cast in that district for the | 5 | | candidate for his or her political party for the office of | 6 | | Governor at the last general election at which a Governor was | 7 | | elected, but in no event less than 500 signatures. If a | 8 | | candidate seeks to run for judicial office in a
circuit or | 9 | | subcircuit, then the candidate's petition for nomination
must | 10 | | contain the number of signatures equal to 0.25% of the number | 11 | | of votes
cast for the judicial candidate of his or her | 12 | | political party who received the
highest number of votes
at the | 13 | | last general election at which a judicial
officer from the same | 14 | | circuit or subcircuit was regularly scheduled
to be elected, | 15 | | but in no event less than 1,000 signatures in circuits and | 16 | | subcircuits located in the First Judicial District or 500 | 17 | | signatures in every other Judicial District.
| 18 | | (i) Precinct, ward, and township committeeperson. If a | 19 | | candidate seeks to
run for precinct committeeperson, then the | 20 | | candidate's petition for nomination
must contain at least 10 | 21 | | signatures of the primary electors of his or her
party for the | 22 | | precinct. If a candidate seeks to run for ward committeeperson,
| 23 | | then the candidate's petition for nomination must contain no | 24 | | less than the
number of signatures equal to 10% of the primary | 25 | | electors of his or her party
of the ward, but no more than 16% | 26 | | of those same electors; provided that the
maximum number of |
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| 1 | | signatures may be 50 more than the minimum number, whichever
is | 2 | | greater. If a candidate seeks to run for township | 3 | | committeeperson, then the
candidate's petition for nomination | 4 | | must contain no less than the number of
signatures equal to 5% | 5 | | of the primary electors of his or her party of the
township, | 6 | | but no more than 8% of those same electors;
provided that the | 7 | | maximum number of signatures may be 50 more than the
minimum | 8 | | number, whichever is greater.
| 9 | | (j) State's attorney or regional superintendent of schools | 10 | | for multiple
counties. If
a candidate seeks to run for State's | 11 | | attorney or regional Superintendent of
Schools who serves more | 12 | | than one county, then the candidate's petition for
nomination | 13 | | must contain at least the number of signatures equal to 0.5% of | 14 | | the
primary electors of his or her party in the territory | 15 | | comprising the counties.
| 16 | | (k) Any other office. If a candidate seeks any other | 17 | | office, then the
candidate's petition for nomination must | 18 | | contain at least the number of
signatures equal to 0.5% of the | 19 | | registered voters of the political subdivision,
district, or | 20 | | division for which the nomination is made or 25 signatures,
| 21 | | whichever is greater.
| 22 | | For purposes of this Section the number of primary electors | 23 | | shall be
determined by taking the total vote cast, in the | 24 | | applicable district, for the
candidate for that political party | 25 | | who received the highest number of votes,
statewide, at the | 26 | | last general election in the State at which electors for
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| 1 | | President of the United States were elected. For political | 2 | | subdivisions, the
number of primary electors shall be | 3 | | determined by taking the total vote
cast for the candidate for | 4 | | that political party who received the highest number
of votes | 5 | | in the political subdivision at the last regular election at | 6 | | which an
officer was regularly scheduled to be elected from | 7 | | that subdivision. For wards
or districts of political | 8 | | subdivisions, the number of primary electors shall be
| 9 | | determined by taking the total vote cast for the candidate for | 10 | | that political
party who received the highest number of votes | 11 | | in the ward or district at the
last regular election at which | 12 | | an officer was regularly scheduled to be elected
from that ward | 13 | | or district.
| 14 | | A "qualified primary elector" of a party may not
sign | 15 | | petitions for or be a candidate in the primary of more than
one | 16 | | party.
| 17 | | The changes made to this Section of this amendatory Act of | 18 | | the 93rd General
Assembly are declarative of existing law, | 19 | | except for item (3) of subsection
(d).
| 20 | | Petitions of candidates for nomination for offices herein | 21 | | specified,
to be filed with the same officer, may contain the | 22 | | names of 2 or more
candidates of the same political party for | 23 | | the same or different
offices. In the case of the offices of | 24 | | Governor and Lieutenant Governor, a joint petition including | 25 | | one candidate for each of those offices must be filed.
| 26 | | (Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
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| 1 | | (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
| 2 | | Sec. 8-8. Form of petition for nomination. The name of no | 3 | | candidate for nomination shall be printed
upon the primary | 4 | | ballot unless a petition for nomination shall have been
filed | 5 | | in his behalf as provided for in this Section. Each such | 6 | | petition
shall include as a part thereof the oath required by | 7 | | Section 7-10.1 of
this Act and a statement of candidacy by the | 8 | | candidate filing or in
whose behalf the petition is filed. This | 9 | | statement shall set out the
address of such candidate, the | 10 | | office for which he is a candidate, shall
state that the | 11 | | candidate is a qualified primary voter of the party to
which | 12 | | the petition relates, is qualified for the office specified and
| 13 | | has filed a statement of economic interests as required by the | 14 | | Illinois
Governmental Ethics Act, shall request that the | 15 | | candidate's name be
placed upon the official ballot and shall | 16 | | be subscribed and sworn by
such candidate before some officer | 17 | | authorized to take acknowledgment of
deeds in this State and | 18 | | may be in substantially the following form:
| 19 | | State of Illinois)
| 20 | | ) ss.
| 21 | | County ..........)
| 22 | | I, ...., being first duly sworn, say that I reside at .... | 23 | | street in
the city (or village of) .... in the county of .... | 24 | | State of Illinois;
that I am a qualified voter therein and am a | 25 | | qualified primary voter of
.... party; that I am a candidate |
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| 1 | | for nomination to the office of ....
to be voted upon at the | 2 | | primary election to be held on (insert date);
that I am legally | 3 | | qualified to hold such office and
that I have filed a statement | 4 | | of economic interests as required by the
Illinois Governmental | 5 | | Ethics Act and I hereby request that my name be
printed upon | 6 | | the official primary ballot for nomination for such office.
| 7 | | Signed ....................
| 8 | | Subscribed and sworn to (or affirmed) before me by ...., | 9 | | who is to me
personally known, on (insert date).
| 10 | | Signed .... (Official Character)
| 11 | | (Seal if officer has one.)
| 12 | | The receipt issued by the Secretary of State indicating | 13 | | that the candidate has filed the statement of economic | 14 | | interests required by the Illinois Governmental Ethics Act must | 15 | | be filed with the petitions for nomination as provided in | 16 | | subsection (8) of Section 7-12 of this Code.
| 17 | | All petitions for nomination for the office of State | 18 | | Senator shall be signed
by at least 1,000 but not more than | 19 | | 3,000 of the qualified primary electors of
the candidate's | 20 | | party in his legislative district.
| 21 | | All petitions for nomination for the office of | 22 | | Representative in the General
Assembly shall be signed by at | 23 | | least 500 but not more than 1,500 of
the qualified primary | 24 | | electors of the candidate's party in his or her
representative | 25 | | district.
| 26 | | Opposite the signature of each qualified primary elector |
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| 1 | | who signs a
petition for nomination for the office of State | 2 | | Representative or State
Senator such elector's residence | 3 | | address shall be written or printed. The
residence address | 4 | | required to be written or printed opposite each qualified
| 5 | | primary elector's name shall include the street address or | 6 | | rural route
number of the signer, as the case may be, as well | 7 | | as the signer's county
and city, village or town.
| 8 | | For the purposes of this Section, the number of primary | 9 | | electors shall
be determined by taking the total vote cast, in | 10 | | the applicable district,
for the candidate for such political | 11 | | party who received the highest number
of votes, state-wide, at | 12 | | the last general election in the State at which
electors for | 13 | | President of the United States were elected.
| 14 | | A "qualified primary elector" of a party may not sign | 15 | | petitions for or be a
candidate in the primary of more than one | 16 | | party.
| 17 | | In the affidavit at the bottom of each sheet, the petition | 18 | | circulator,
who shall be a person 18 years of age or older who | 19 | | is a citizen of the United
States, shall state his or her | 20 | | street address or rural route
number, as the
case may be, as | 21 | | well as his or her county, city, village or
town, and state; | 22 | | and
shall certify that the signatures on that sheet of the | 23 | | petition were signed in
his or her presence; and shall certify | 24 | | that the signatures are genuine; and
shall certify
that to the | 25 | | best of his or her knowledge and belief the persons so signing | 26 | | were
at the time of signing the petition qualified primary |
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| 1 | | voters for which the
nomination is sought. Such statement shall | 2 | | be sworn to before some officer authorized to administer oaths | 3 | | in this State, but such statement shall not be sworn to by | 4 | | using an electronic notary public as defined in Section 1-104 | 5 | | of the Illinois Notary Public Act.
| 6 | | In the affidavit at the bottom of each petition sheet, the | 7 | | petition
circulator shall either (1) indicate the dates on | 8 | | which he or she
circulated that sheet, or (2) indicate the | 9 | | first and last dates on which
the sheet was circulated, or (3) | 10 | | certify that none of the signatures on the
sheet were signed | 11 | | more than 90 days preceding the last day for the filing
of the | 12 | | petition. No petition sheet shall be circulated more than 90 | 13 | | days
preceding the last day provided in Section 8-9 for the | 14 | | filing of such petition.
| 15 | | All petition sheets which are filed with the State Board of | 16 | | Elections shall
be the original sheets which have been signed | 17 | | by the voters and by the
circulator, and not photocopies or | 18 | | duplicates of such sheets.
| 19 | | The person circulating the petition, or the candidate on | 20 | | whose behalf
the petition is circulated, may strike any | 21 | | signature from the petition,
provided that:
| 22 | | (1) the person striking the signature shall initial the | 23 | | petition at
the place where the signature is struck; and
| 24 | | (2) the person striking the signature shall sign a | 25 | | certification
listing the page number and line number of | 26 | | each signature struck from
the petition. Such |
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| 1 | | certification shall be filed as a part of the petition.
| 2 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 3 | | (10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
| 4 | | Sec. 10-4. Form of petition for nomination. All petitions | 5 | | for nomination
under this Article 10 for
candidates for public | 6 | | office in this State, shall in addition to other
requirements | 7 | | provided by law, be as follows: Such petitions shall
consist of | 8 | | sheets of uniform size and each sheet shall contain, above
the | 9 | | space for signature, an appropriate heading, giving the | 10 | | information
as to name of candidate or candidates in whose | 11 | | behalf such petition is
signed; the office; the party; place of | 12 | | residence; and such other
information or wording as required to | 13 | | make same valid, and the heading
of each sheet shall be the | 14 | | same. Such petition shall be signed by the
qualified voters in | 15 | | their own proper persons only, and opposite the
signature of | 16 | | each signer his residence address shall be written or
printed. | 17 | | The residence address required to be written or printed
| 18 | | opposite each qualified primary elector's name shall include | 19 | | the street
address or rural route number of the signer, as the | 20 | | case may be, as well as
the signer's county, and city, village | 21 | | or town, and state. However,
the county or city, village or
| 22 | | town, and state of residence of such electors may be printed on | 23 | | the
petition forms where all of the electors signing the | 24 | | petition
reside in the same county or city, village or town, | 25 | | and state. Standard
abbreviations may be used in writing the |
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| 1 | | residence address, including
street number, if any. No | 2 | | signature shall be valid or be counted in
considering the | 3 | | validity or sufficiency of such petition unless the
| 4 | | requirements of this Section are complied with. At the bottom | 5 | | of each
sheet of such petition shall be added a circulator's | 6 | | statement, signed by a
person 18
years of age or older who is a | 7 | | citizen of the United States; stating the street address or | 8 | | rural route
number, as the case may be, as well as the county,
| 9 | | city,
village or town, and state; certifying that the | 10 | | signatures on that sheet of
the petition
were signed in his or | 11 | | her presence; certifying that the signatures are
genuine;
and | 12 | | either (1) indicating the dates on which that sheet was | 13 | | circulated, or (2)
indicating the first and last dates on which | 14 | | the sheet was circulated, or (3)
certifying that none of the | 15 | | signatures on the sheet were signed more than 90
days preceding | 16 | | the last day for the filing of the petition; and
certifying
| 17 | | that to the best of his knowledge and belief the persons so | 18 | | signing were at the
time of signing the petition duly | 19 | | registered voters under Articles 4, 5 or 6 of
the Code of the | 20 | | political subdivision or district for which the candidate or
| 21 | | candidates shall be nominated, and certifying that their | 22 | | respective residences
are correctly stated therein. Such | 23 | | statement shall be sworn to before some
officer authorized to | 24 | | administer oaths in this State , but such statement shall not be | 25 | | sworn to by using an electronic notary public as defined in | 26 | | Section 1-104 of the Illinois Notary Public Act . No petition |
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| 1 | | sheet shall
be circulated more than 90 days preceding the last | 2 | | day provided in Section 10-6
for the filing of such petition. | 3 | | Such sheets, before being presented to the
electoral board or | 4 | | filed with the proper officer of the electoral district or
| 5 | | division of the state or municipality, as the case may be, | 6 | | shall be neatly
fastened together in book form, by placing the | 7 | | sheets in a pile and fastening
them together at one edge in a | 8 | | secure and suitable manner, and the sheets shall
then be | 9 | | numbered consecutively. The sheets shall not be fastened by | 10 | | pasting
them together end to end, so as to form a continuous | 11 | | strip or roll. All
petition sheets which are filed with the | 12 | | proper local election officials,
election authorities or the | 13 | | State Board of Elections shall be the original
sheets which | 14 | | have been signed by the voters and by the circulator, and not
| 15 | | photocopies or duplicates of such sheets. A petition, when | 16 | | presented or
filed, shall not be withdrawn, altered, or added | 17 | | to, and no signature shall be
revoked except by revocation in | 18 | | writing presented or filed with the officers or
officer with | 19 | | whom the petition is required to be presented or filed, and | 20 | | before
the presentment or filing of such petition. Whoever | 21 | | forges any name of a
signer upon any petition shall be deemed | 22 | | guilty of a forgery, and on conviction
thereof, shall be | 23 | | punished accordingly. The word "petition" or "petition for
| 24 | | nomination", as used herein, shall mean what is sometimes known | 25 | | as nomination
papers, in distinction to what is known as a | 26 | | certificate of nomination. The
words "political division for |
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| 1 | | which the candidate is nominated", or its
equivalent, shall | 2 | | mean the largest political division in which all qualified
| 3 | | voters may vote upon such candidate or candidates, as the state | 4 | | in the case of
state officers; the township in the case of | 5 | | township officers et cetera.
Provided, further, that no person | 6 | | shall circulate or certify petitions for
candidates of more | 7 | | than one political party, or for an independent candidate or
| 8 | | candidates in addition to one political party, to be voted upon | 9 | | at the next
primary or general election, or for such candidates | 10 | | and parties with respect to
the same political subdivision at | 11 | | the next consolidated election.
| 12 | | (Source: P.A. 98-756, eff. 7-16-14.)".
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