Full Text of HB0238 95th General Assembly
HB0238 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0238
Introduced 1/19/2007, by Rep. David Reis SYNOPSIS AS INTRODUCED: |
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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 |
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Amends the Election Code. Provides that on the first day for filing candidate petitions, the entity with which petitions are filed may not file petitions on behalf of a candidate other than himself or herself.
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A BILL FOR
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HB0238 |
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LRB095 04112 JAM 24150 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 7-12, 8-9, and 10-6.2 as follows:
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| (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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| Sec. 7-12. All petitions for nomination shall be filed by | 8 |
| mail or
in person as follows:
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| (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 in | 13 |
| one county and partly in another county or counties, then,
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| except as otherwise provided in this Section, such petition for | 15 |
| nomination
shall be filed in the principal office of the State | 16 |
| Board of Elections not
more than 99 and not less than 92 days | 17 |
| prior to the date of the primary,
but, in the case of petitions | 18 |
| for nomination to fill a vacancy by special
election in the | 19 |
| office of representative in Congress from this State, such
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| petition for nomination shall be filed in the principal office | 21 |
| of the State
Board of Elections not more than 57 days and not | 22 |
| less than 50 days prior to
the date of the primary.
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| Where a vacancy occurs in the office of Supreme, Appellate |
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| or Circuit
Court Judge within the 3-week period preceding the | 2 |
| 92nd day before a
general primary election, petitions for | 3 |
| nomination for the office in which
the vacancy has occurred | 4 |
| shall be filed in the principal office of the
State Board of | 5 |
| Elections not more than 78 nor less than 71 days prior to
the | 6 |
| date of the general primary election.
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| Where the nomination is to be made for delegates or | 8 |
| alternate
delegates to a national nominating convention, then | 9 |
| such petition for
nomination shall be filed in the principal | 10 |
| office of the State Board of
Elections not more than 99 and not | 11 |
| less than 92 days prior to the date of
the primary; provided, | 12 |
| however, that if the rules or policies of a national
political | 13 |
| party conflict with such requirements for filing petitions for
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| nomination for delegates or alternate delegates to a national | 15 |
| nominating
convention, the chairman of the State central | 16 |
| committee of such national
political party shall notify the | 17 |
| Board in writing, citing by reference the
rules or policies of | 18 |
| the national political party in conflict, and in such
case the | 19 |
| Board shall direct such petitions to be filed not more than 69 | 20 |
| and
not less than 62 days prior to the date of the primary.
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| (2) Where the nomination is to be made for a county office | 22 |
| or trustee
of a sanitary district then such petition shall be | 23 |
| filed in the office
of the county clerk not more than 99 nor | 24 |
| less than 92 days prior to the
date of the primary.
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| (3) Where the nomination is to be made for a municipal or | 26 |
| township
office, such petitions for nomination shall be filed |
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| in the office of
the local election official, not more than 78 | 2 |
| nor less than 71 days
prior to the date of the primary; | 3 |
| provided, where a municipality's or
township's boundaries are | 4 |
| coextensive with or are entirely within the
jurisdiction of a | 5 |
| municipal board of election commissioners, the petitions
shall | 6 |
| be filed in the office of such board; and provided, that | 7 |
| petitions
for the office of multi-township assessor shall be | 8 |
| filed with the election
authority.
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| (4) The petitions of candidates for State central | 10 |
| committeeman shall
be filed in the principal office of the | 11 |
| State Board of Elections not
more than 99 nor less than 92 days | 12 |
| prior to the date of the primary.
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| (5) Petitions of candidates for precinct, township or ward
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| committeemen shall be filed in the office of the county clerk | 15 |
| not more
than 99 nor less than 92 days prior to the date of the | 16 |
| primary.
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| (6) The State Board of Elections and the various election | 18 |
| authorities
and local election officials with whom such | 19 |
| petitions for nominations
are filed shall specify the place | 20 |
| where filings shall be made and upon
receipt shall endorse | 21 |
| thereon the day and hour on which each petition
was filed. All | 22 |
| petitions filed by persons waiting in line as of 8:00
a.m. on | 23 |
| the first day for filing, or as of the normal opening hour of
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| the office involved on such day, shall be deemed filed as of | 25 |
| 8:00 a.m.
or the normal opening hour, as the case may be. On | 26 |
| the first day for filing petitions, the State Board of |
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| Elections and its employees, an election authority and its | 2 |
| employees, and a local election official and his or her | 3 |
| employees shall not file petitions with the State Board, that | 4 |
| election authority, or that local election official, | 5 |
| respectively, on behalf of a person (other than on behalf of | 6 |
| himself or herself, in the case of a county clerk or local | 7 |
| election official). Petitions filed by mail
and received after | 8 |
| midnight of the first day for filing and in the first
mail | 9 |
| delivery or pickup of that day shall be deemed as filed as of | 10 |
| 8:00
a.m. of that day or as of the normal opening hour of such | 11 |
| day, as the
case may be. All petitions received thereafter | 12 |
| shall be deemed as filed
in the order of actual receipt. Where | 13 |
| 2 or more petitions are received
simultaneously, the State | 14 |
| Board of Elections or the various election
authorities or local | 15 |
| election officials with whom such petitions are
filed shall | 16 |
| break ties and determine the order of filing, by means of a
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| lottery or other fair and impartial method of random selection | 18 |
| approved
by the State Board of Elections. Such lottery shall be | 19 |
| conducted within
9 days following the last day for petition | 20 |
| filing and shall be open to the
public. Seven days written | 21 |
| notice of the time and place of conducting such
random | 22 |
| selection shall be given by the State Board of Elections to the
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| chairman of the State central committee of each established | 24 |
| political
party, and by each election authority or local | 25 |
| election official, to the
County Chairman of each established | 26 |
| political party, and to each
organization of citizens within |
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| the election jurisdiction which was
entitled, under this | 2 |
| Article, at the next preceding election, to have
pollwatchers | 3 |
| present on the day of election. The State Board of Elections,
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| election authority or local election official shall post in a | 5 |
| conspicuous,
open and public place, at the entrance of the | 6 |
| office, notice of the time
and place of such lottery. The State | 7 |
| Board of Elections shall adopt rules
and regulations governing | 8 |
| the procedures for the conduct of such lottery.
All candidates | 9 |
| shall be certified in the order in which their petitions
have | 10 |
| been filed. Where candidates have filed simultaneously, they | 11 |
| shall be
certified in the order determined by lot and prior to | 12 |
| candidates who filed
for the same office at a later time.
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| (7) The State Board of Elections or the appropriate | 14 |
| election
authority or local election official with whom such a | 15 |
| petition for
nomination is filed shall notify the person for | 16 |
| whom a petition for
nomination has been filed of the obligation | 17 |
| to file statements of
organization, reports of campaign | 18 |
| contributions, and annual reports of
campaign contributions | 19 |
| and expenditures under Article 9 of this Act.
Such notice shall | 20 |
| be given in the manner prescribed by paragraph (7) of
Section | 21 |
| 9-16 of this Code.
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| (8) Nomination papers filed under this Section are not | 23 |
| valid if the
candidate named therein fails to file a statement | 24 |
| of economic interests
as required by the Illinois Governmental | 25 |
| Ethics Act in relation to his
candidacy with the appropriate | 26 |
| officer by the end of the period for the
filing of nomination |
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| papers unless he has filed a statement of economic
interests in | 2 |
| relation to the same governmental unit with that officer
within | 3 |
| a year preceding the date on which such nomination papers were
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| filed. If the nomination papers of any candidate and the | 5 |
| statement of
economic interest of that candidate are not | 6 |
| required to be filed with
the same officer, the candidate must | 7 |
| file with the officer with whom the
nomination papers are filed | 8 |
| a receipt from the officer with whom the
statement of economic | 9 |
| interests is filed showing the date on which such
statement was | 10 |
| filed. Such receipt shall be so filed not later than the
last | 11 |
| day on which nomination papers may be filed.
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| (9) Any person for whom a petition for nomination, or for | 13 |
| committeeman or
for delegate or alternate delegate to a | 14 |
| national nominating convention has
been filed may cause his | 15 |
| name to be withdrawn by request in writing, signed
by him and | 16 |
| duly acknowledged before an officer qualified to take
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| acknowledgments of deeds, and filed in the principal or | 18 |
| permanent branch
office of the State Board of Elections or with | 19 |
| the appropriate election
authority or local election official, | 20 |
| not later than the date of
certification of candidates for the | 21 |
| consolidated primary or general primary
ballot. No names so | 22 |
| withdrawn shall be certified or printed on the
primary ballot. | 23 |
| If petitions for nomination have been filed for the
same person | 24 |
| with respect to more than one political party, his name
shall | 25 |
| not be certified nor printed on the primary ballot of any | 26 |
| party.
If petitions for nomination have been filed for the same |
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| person for 2 or
more offices which are incompatible so that the | 2 |
| same person could not
serve in more than one of such offices if | 3 |
| elected, that person must
withdraw as a candidate for all but | 4 |
| one of such offices within the
5 business days following the | 5 |
| last day for petition filing. If he fails to
withdraw as a | 6 |
| candidate for all but one of such offices within such time
his | 7 |
| name shall not be certified, nor printed on the primary ballot, | 8 |
| for any
office. For the purpose of the foregoing provisions, an | 9 |
| office in a
political party is not incompatible with any other | 10 |
| office.
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| (10) (a) Notwithstanding the provisions of any other | 12 |
| statute, no primary
shall be held for an established | 13 |
| political party in any township,
municipality, or ward | 14 |
| thereof, where the nomination of such
party for every | 15 |
| office to be voted upon by the electors of such
township, | 16 |
| municipality, or ward thereof, is uncontested. Whenever a
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| political party's nomination of candidates is uncontested | 18 |
| as to one or
more, but not all, of the offices to be voted | 19 |
| upon by the electors of a
township, municipality, or ward | 20 |
| thereof, then a primary shall
be held for that party in | 21 |
| such township, municipality, or ward thereof;
provided | 22 |
| that the primary ballot shall not include those offices
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| within such township, municipality, or ward thereof, for | 24 |
| which the
nomination is uncontested. For purposes of this | 25 |
| Article, the nomination
of an established political party | 26 |
| of a candidate for election to an office
shall be deemed to |
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| be uncontested where not more than the number of persons
to | 2 |
| be nominated have timely filed valid nomination papers | 3 |
| seeking the
nomination of such party for election to such | 4 |
| office.
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| (b) Notwithstanding the provisions of any other | 6 |
| statute, no primary
election shall be held for an | 7 |
| established political party for any special
primary | 8 |
| election called for the purpose of filling a vacancy in the | 9 |
| office
of representative in the United States Congress | 10 |
| where the nomination of
such political party for said | 11 |
| office is uncontested. For the purposes of
this Article, | 12 |
| the nomination of an established political party of a
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| candidate for election to said office shall be deemed to be | 14 |
| uncontested
where not more than the number of persons to be | 15 |
| nominated have timely filed
valid nomination papers | 16 |
| seeking the nomination of such established party
for | 17 |
| election to said office. This subsection (b) shall not | 18 |
| apply if such
primary election is conducted on a regularly | 19 |
| scheduled election day.
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| (c) Notwithstanding the provisions in subparagraph (a) | 21 |
| and (b) of this
paragraph (10), whenever a person who has | 22 |
| not timely filed valid nomination
papers and who intends to | 23 |
| become a write-in candidate for a political
party's | 24 |
| nomination for any office for which the nomination is | 25 |
| uncontested
files a written statement or notice of that | 26 |
| intent with the State Board of
Elections or the local |
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| election official with whom nomination papers for
such | 2 |
| office are filed, a primary ballot shall be prepared and a | 3 |
| primary
shall be held for that office. Such statement or | 4 |
| notice shall be filed on
or before the date established in | 5 |
| this Article for certifying candidates
for the primary | 6 |
| ballot. Such statement or notice shall contain (i) the
name | 7 |
| and address of the person intending to become a write-in | 8 |
| candidate,
(ii) a statement that the person is a qualified | 9 |
| primary elector of the
political party from whom the | 10 |
| nomination is sought, (iii) a statement that
the person | 11 |
| intends to become a write-in candidate for the party's
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| nomination, and (iv) the office the person is seeking as a | 13 |
| write-in
candidate. An election authority shall have no | 14 |
| duty to conduct a primary
and prepare a primary ballot for | 15 |
| any office for which the nomination is
uncontested unless a | 16 |
| statement or notice meeting the requirements of this
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| Section is filed in a timely manner.
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| (11) If multiple sets of nomination papers are filed for a | 19 |
| candidate to
the same office, the State Board of Elections, | 20 |
| appropriate election
authority or local election official | 21 |
| where the petitions are filed shall
within 2 business days | 22 |
| notify the candidate of his or her multiple petition
filings | 23 |
| and that the candidate has 3 business days after receipt of the
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| notice to notify the State Board of Elections, appropriate | 25 |
| election
authority or local election official that he or she | 26 |
| may cancel prior sets
of petitions. If the candidate notifies |
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| the State Board of Elections,
appropriate election authority or | 2 |
| local election official, the last set of
petitions filed shall | 3 |
| be the only petitions to be considered valid by the
State Board | 4 |
| of Elections, election authority or local election official. If
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| the candidate fails to notify the State Board of Elections, | 6 |
| election authority
or local
election official then only the | 7 |
| first set of petitions filed shall be valid
and all subsequent | 8 |
| petitions shall be void.
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| (12) All nominating petitions shall be available for public | 10 |
| inspection
and shall be preserved for a period of not less than | 11 |
| 6 months.
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| (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; | 13 |
| 87-1052.)
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| (10 ILCS 5/8-9) (from Ch. 46, par. 8-9)
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| Sec. 8-9. All petitions for nomination shall be filed by | 16 |
| mail or in
person as follows:
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| (1) Where the nomination is made for a legislative office, | 18 |
| such
petition for nomination shall be filed in the principal | 19 |
| office of the
State Board of Elections not more than 99 and not | 20 |
| less than 92 days
prior to the date of the primary. On the | 21 |
| first day for filing petitions, the State Board of Elections | 22 |
| and its employees shall not file petitions with the State Board | 23 |
| of Elections on behalf of another person.
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| (2) The State Board of Elections shall, upon receipt of | 25 |
| each
petition, endorse thereon the day and hour on which it was |
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| filed.
Petitions filed by mail and received after midnight on | 2 |
| the first day for
filing and in the first mail delivery or | 3 |
| pickup of that day, shall be deemed
as filed as of 8:00 a.m. of | 4 |
| that day or as of the normal opening hour of
such day as the | 5 |
| case may be, and all petitions received thereafter shall be
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| deemed as filed in the order of actual receipt. Where 2 or more | 7 |
| petitions
are received simultaneously, the State Board of | 8 |
| Elections shall break ties
and determine the order of filing, | 9 |
| by means of a lottery as provided in
Section 7-12 of this Code.
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| (3) Any person for whom a petition for nomination has been | 11 |
| filed,
may cause his name to be withdrawn by a request in | 12 |
| writing, signed by
him, duly acknowledged before an officer | 13 |
| qualified to take
acknowledgments of deeds, and filed in the | 14 |
| principal or permanent branch
office of the State Board of | 15 |
| Elections not later than the date of
certification of | 16 |
| candidates for the general primary ballot, and no names so
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| withdrawn shall be certified by the State Board
of Elections to | 18 |
| the county clerk, or printed on the primary ballot. If
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| petitions for nomination have been filed for the same person | 20 |
| with
respect to more than one political party, his name shall | 21 |
| not be
certified nor printed on the primary ballot of any | 22 |
| party. If petitions
for nomination have been filed for the same | 23 |
| person for 2 or more offices
which are incompatible so that the | 24 |
| same person could not serve in more
than one of such offices if | 25 |
| elected, that person must withdraw as a
candidate for all but | 26 |
| one of such offices within the 5 business days following
the |
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| last day for petition filing. If he fails to withdraw as a | 2 |
| candidate for
all but one of such offices within such time, his | 3 |
| name shall not be
certified, nor printed on the primary ballot, | 4 |
| for any office. For the
purpose of the foregoing provisions, an | 5 |
| office in a political party is
not incompatible with any other | 6 |
| office.
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| (4) If multiple sets of nomination papers are filed for a | 8 |
| candidate to
the same office, the State Board of Elections | 9 |
| shall within 2 business days
notify the candidate of his or her | 10 |
| multiple petition filings and that the
candidate has 3 business | 11 |
| days after receipt of the notice to notify the
State Board of | 12 |
| Elections that he or she may cancel prior sets of petitions.
If | 13 |
| the candidate notifies the State Board of Elections the last | 14 |
| set of
petitions filed shall be the only petitions to be | 15 |
| considered valid by the State
Board of Elections. If the | 16 |
| candidate fails to notify the State Board then
only the first | 17 |
| set of petitions filed shall be valid and all subsequent
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| petitions shall be void.
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| (Source: P.A. 86-875; 87-1052.)
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| (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
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| Sec. 10-6.2. The State Board of Elections, the election | 22 |
| authority or
the local election official with whom petitions | 23 |
| for nomination are filed
pursuant to this Article 10 shall | 24 |
| specify the place where filings shall
be made and upon receipt | 25 |
| shall endorse thereon the day and the hour at
which each |
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| petition was filed. Except as provided by Article 9 of The
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| School Code, all petitions filed by persons waiting
in line as | 3 |
| of 8:00 a.m. on the first day for filing, or as of the normal
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| opening hour of the office involved on such day, shall be | 5 |
| deemed filed
as of 8:00 a.m. or the normal opening hour, as the | 6 |
| case may be.
On the first day for filing petitions, the State | 7 |
| Board of Elections and its employees, an election authority and | 8 |
| its employees, and a local election official and his or her | 9 |
| employees shall not file petitions with the State Board, that | 10 |
| election authority, or that local election official, | 11 |
| respectively, on behalf of a person (other than on behalf of | 12 |
| himself or herself, in the case of a county clerk or local | 13 |
| election official). Petitions filed by mail and received after | 14 |
| midnight of the first day for
filing and in the first mail | 15 |
| delivery or pickup of that day shall be
deemed filed as of 8:00 | 16 |
| a.m. of that day or as of the normal opening
hour of such day, | 17 |
| as the case may be. All petitions received thereafter
shall be | 18 |
| deemed filed in the order of actual receipt. Where 2 or more
| 19 |
| petitions are received simultaneously, the State Board of | 20 |
| Elections, the
election authority or the local election | 21 |
| official with whom such
petitions are filed shall break ties | 22 |
| and determine the order of filing
by means of a lottery or | 23 |
| other fair and impartial method of random
selection approved by | 24 |
| the State Board of Elections. Such lottery shall
be conducted | 25 |
| within 9 days following the last day for petition filing and | 26 |
| shall
be open to the public. Seven days written notice of the |
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| time and place of
conducting such random selection shall be | 2 |
| given, by the State Board of
Elections, the election authority, | 3 |
| or local election official, to the Chairman
of each political | 4 |
| party, and to each organization of citizens within the
election | 5 |
| jurisdiction which was entitled, under this Code, at the next
| 6 |
| preceding election, to have pollwatchers present on the day of | 7 |
| election. The
State Board of Elections, the election authority | 8 |
| or local election official
shall post in a conspicuous, open | 9 |
| and public place, at the entrance of the
office, notice of the | 10 |
| time and place of such lottery. The State Board of
Elections | 11 |
| shall adopt rules and regulations governing the procedures for
| 12 |
| the conduct of such lottery. All candidates shall be
certified | 13 |
| in the order in which their petitions have been filed and in | 14 |
| the
manner prescribed by Section 10-14 and 10-15 of this | 15 |
| Article. Where
candidates have filed simultaneously, they | 16 |
| shall be certified in the order
determined by lot and prior to | 17 |
| candidates who filed for the same office or
offices at a later | 18 |
| time. Certificates of nomination filed within the
period | 19 |
| prescribed in Section 10-6(2) for candidates nominated by | 20 |
| caucus for
township or municipal offices shall be subject to | 21 |
| the ballot placement
lottery for established political parties | 22 |
| prescribed in Section 7-60 of
this Code.
| 23 |
| If multiple sets of nomination papers are filed for a | 24 |
| candidate to
the same office, the State Board of Elections, | 25 |
| appropriate election
authority or local election official | 26 |
| where the petitions are filed shall
within 2 business days |
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| notify the candidate of his or her multiple petition
filings | 2 |
| and that the candidate has 3 business days after receipt of the | 3 |
| notice
to notify the State Board of Elections, appropriate | 4 |
| election authority or local
election official that he or she | 5 |
| may cancel prior sets of petitions. If the
candidate notifies | 6 |
| the State Board of Elections, appropriate election authority
or | 7 |
| local election official, the last set of petitions filed shall | 8 |
| be the only
petitions to be considered valid by the State Board | 9 |
| of Elections, election
authority or local election official. If | 10 |
| the candidate fails to notify the
State Board of Elections, | 11 |
| appropriate election authority or local election
official then | 12 |
| only the first set of petitions filed shall be valid and all
| 13 |
| subsequent petitions shall be void.
| 14 |
| (Source: P.A. 91-357, eff. 7-29-99.)
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