Full Text of SB0145 101st General Assembly
SB0145sam001 101ST GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 2/19/2019
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| 1 | | AMENDMENT TO SENATE BILL 145
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 145 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 7-11 and 21-1 as follows:
| 6 | | (10 ILCS 5/7-11) (from Ch. 46, par. 7-11)
| 7 | | Sec. 7-11.
Any candidate for President of the United States | 8 | | may have his name
printed upon the primary ballot of his | 9 | | political party by (1) filing in the
office of the State Board | 10 | | of Elections not more than 113 and not less
than 106 days prior | 11 | | to the date of the general primary, in any year in which a
| 12 | | Presidential election is to be held, a petition signed by not | 13 | | less than
3000 or more than 5000 primary electors, members of | 14 | | and affiliated with the
party of which he is a candidate and | 15 | | (2) filing in the office of the Secretary of State a copy of | 16 | | the candidate's income tax returns for the 5 previous years , |
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| 1 | | and no candidate for President of the
United States, who fails | 2 | | to comply with the provisions of this Article
shall have his | 3 | | name printed upon any primary ballot: Provided, however,
that | 4 | | if the rules or policies of a national political
party conflict | 5 | | with such requirements for filing petitions for President of
| 6 | | the United States in a presidential preference primary, the | 7 | | Chair of the
State central committee of such national political | 8 | | party shall notify the
State Board of Elections in writing, | 9 | | citing by reference the rules or
policies of the national | 10 | | political party in conflict, and in such case the
Board shall | 11 | | direct such petitions to be filed in accordance with the | 12 | | delegate selection plan adopted by the state central committee | 13 | | of such national political party. Provided, further, unless | 14 | | rules
or policies of a national political party otherwise | 15 | | provide, the
vote for President of the United States, as herein | 16 | | provided for, shall be
for the sole purpose of securing an | 17 | | expression of the sentiment and will of
the party voters with | 18 | | respect to candidates for nomination for said office,
and the | 19 | | vote of the state at large shall be taken and considered as
| 20 | | advisory to the delegates and alternates at large to the | 21 | | national
conventions of respective political parties; and the | 22 | | vote of the respective
congressional districts shall be taken | 23 | | and considered as advisory to the
delegates and alternates of | 24 | | said congressional districts to the national
conventions of the | 25 | | respective political parties.
| 26 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
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| 1 | | (10 ILCS 5/21-1) (from Ch. 46, par. 21-1)
| 2 | | Sec. 21-1.
Choosing and election of electors of President | 3 | | and
Vice-President of the United States shall be in the | 4 | | following manner:
| 5 | | (a) In each year in which a President and Vice-President of | 6 | | the United
States are chosen, each political party or group in | 7 | | this State shall choose
by its State Convention or State | 8 | | central committee electors of President and Vice-President of | 9 | | the
United States and such State Convention or State central | 10 | | committee of such party or group shall also
choose electors at | 11 | | large, if any are to be appointed for this State and
such State | 12 | | Convention or State central committee of such party or group | 13 | | shall by its chair and
secretary certify the total list of such | 14 | | electors together with electors at
large so chosen to the State | 15 | | Board of Elections.
| 16 | | The filing of such certificate with the Board, of such | 17 | | choosing of
electors shall be deemed and taken to be the | 18 | | choosing and selection of the
electors of this State, if such | 19 | | party or group is successful at the polls
as herein provided in | 20 | | choosing their candidates for President and
Vice-President of | 21 | | the United States.
| 22 | | (b) The names of the candidates of the several political | 23 | | parties or
groups for electors of President and Vice-President | 24 | | shall not be printed on
the official ballot to be voted in the | 25 | | election to be held on the day in
this Act above named. In lieu |
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| 1 | | of the names of the candidates for such
electors of President | 2 | | and Vice-President, immediately under the appellation
of party | 3 | | name of a party or group in the column of its candidates on the
| 4 | | official ballot, to be voted at said election first above named | 5 | | in
subsection (1) of Section 2A-1.2 and Section 2A-2, there | 6 | | shall be printed
within a bracket the name of the candidate for
| 7 | | President and the name of the candidate for Vice-President of | 8 | | such party or
group with a square to the left of such bracket. | 9 | | Each voter in this State
from the several lists or sets of | 10 | | electors so chosen and selected by the
said respective | 11 | | political parties or groups, may choose and elect one of
such | 12 | | lists or sets of electors by placing a cross in the square to | 13 | | the left
of the bracket aforesaid of one of such parties or | 14 | | groups. Placing a cross
within the square before the bracket | 15 | | enclosing the names of President and
Vice-President shall not | 16 | | be deemed and taken as a direct vote for such
candidates for | 17 | | President and Vice-President, or either of them, but shall
only | 18 | | be deemed and taken to be a vote for the entire list or set of
| 19 | | electors chosen by that political party or group so certified | 20 | | to the State
Board of Elections as herein provided. Voting by | 21 | | means of placing a cross
in the appropriate place preceding the | 22 | | appellation or title of the
particular political party or | 23 | | group, shall not be deemed or taken as a
direct vote for the | 24 | | candidates for President and Vice-President, or either
of them, | 25 | | but instead to the Presidential vote, as a vote for the entire
| 26 | | list or set of electors chosen by that political party or group |
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| 1 | | so
certified to the State Board of Elections as herein | 2 | | provided.
| 3 | | (b-5) Notwithstanding the provisions of subsection (b) of | 4 | | this Section, no candidate for President or Vice President of | 5 | | the United States shall appear on the official ballot for the | 6 | | general election if that candidate has not released his or her | 7 | | income tax returns for the 5 tax years immediately preceding | 8 | | the year of the general election. The Secretary of State shall | 9 | | certify to the State Board that the income tax returns have | 10 | | been filed in accordance with this subsection (b-5) and shall | 11 | | post the income tax returns on the Secretary of State's | 12 | | website. The Secretary of State shall redact the social | 13 | | security number, address, and telephone number of any | 14 | | individual in an income tax return submitted under this | 15 | | subsection (b-5).The Secretary of State may adopt rules for the | 16 | | implementation of this subsection (b-5). | 17 | | If a candidate for President or Vice President has not | 18 | | filed his or her income tax return with the Internal Revenue | 19 | | Service for the tax year immediately preceding the year of the | 20 | | general election by the time electors have been chosen under | 21 | | subsection (a), then the candidate must submit his or her | 22 | | income tax return to the Secretary of State within 5 days after | 23 | | he or she files the income tax return with the Internal Revenue | 24 | | Service. | 25 | | As used in this subsection (b-5), "income tax return" a tax | 26 | | or information return, declaration of estimated tax, or claim |
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| 1 | | for refund required by, or provided for or permitted under, the | 2 | | Internal Revenue Code and that is filed on behalf of or, with | 3 | | respect to any person, and any amendment or supplement thereto, | 4 | | including supporting schedules, attachments, or lists that are | 5 | | supplemental to, or part of, the return so filed. | 6 | | As used in this subsection (b-5), "released his or her | 7 | | income tax returns" means that the income tax returns for the 5 | 8 | | tax years immediately preceding the year of the general | 9 | | election are filed by the candidates for President and Vice | 10 | | President of the United States with the Secretary of State | 11 | | before the filing deadline for the office. The candidates shall | 12 | | file the income tax returns when filing a statement of economic | 13 | | interests. | 14 | | (c) Such certification by the respective political parties | 15 | | or groups in
this State of electors of President and | 16 | | Vice-President shall be made to the
State Board of Elections | 17 | | within 2 days after such State convention or meeting of the | 18 | | State central committee in which the electors were chosen.
| 19 | | (d) Should more than one certificate of choice and | 20 | | selection of electors
of the same political party or group be | 21 | | filed by contesting conventions or
contesting groups, it shall | 22 | | be the duty of the State Board of Elections
within 10 days | 23 | | after the adjournment of the last of such conventions to
meet | 24 | | and determine which set of nominees for electors of such party | 25 | | or
group was chosen and selected by the authorized convention | 26 | | of such party or
group. The Board, after notice to the chair |
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| 1 | | and secretaries or managers
of the conventions or groups and | 2 | | after a hearing shall determine which set
of electors was so | 3 | | chosen by the authorized convention and shall so
announce and | 4 | | publish the fact, and such decision shall be final and the set
| 5 | | of electors so determined upon by the electoral board to be so | 6 | | chosen shall
be the list or set of electors to be deemed | 7 | | elected if that party shall be
successful at the polls, as | 8 | | herein provided.
| 9 | | (e) Should a vacancy occur in the choice of an elector in a
| 10 | | congressional district, such vacancy may be filled by the | 11 | | executive
committee of the party or group for such | 12 | | congressional district, to be
certified by such committee to | 13 | | the State Board of Elections. Should a
vacancy occur in the | 14 | | office of elector at large, such vacancy shall be
filled by the | 15 | | State committee of such political party or group, and
certified | 16 | | by it to the State Board of Elections.
| 17 | | (Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19 .)".
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