Full Text of HB1038 95th General Assembly
HB1038 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1038
Introduced 2/8/2007, by Rep. Mike Boland SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/10-3 |
from Ch. 46, par. 10-3 |
10 ILCS 5/10-6 |
from Ch. 46, par. 10-6 |
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Amends the Election Code. Makes the minimum nomination petition signature requirements for independent candidates for offices of a district or political subdivision, including legislative offices, the same as those for new political party candidates (now, larger). Makes the period for filing independent candidate nomination petitions the same as that for new political party candidates (now, the same as that for established political party candidates).
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A BILL FOR
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HB1038 |
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LRB095 05041 JAM 25109 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 10-3 and 10-6 as follows:
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| (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
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| Sec. 10-3. Nomination of independent candidates (not | 8 |
| candidates of
any political party), for any office to be filled | 9 |
| by the voters of the
State at large may also be made by | 10 |
| nomination papers signed in the
aggregate for each candidate by | 11 |
| 1% of the number of voters who voted in
the next preceding | 12 |
| Statewide general election or 25,000 qualified voters
of the | 13 |
| State, whichever is less. Nominations of independent | 14 |
| candidates
for public office within any district or political | 15 |
| subdivision less than
the State, may be made by nomination | 16 |
| papers signed in the aggregate for
each candidate by qualified | 17 |
| voters of such district, or political
subdivision, equaling not | 18 |
| less than 5%, nor more than 5%
8% (or 50 more
than the minimum, | 19 |
| whichever is greater) of the number of persons, who
voted at | 20 |
| the next preceding regular election in such district or
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| political subdivision in which such district or political | 22 |
| subdivision
voted as a unit for the election of officers to | 23 |
| serve its respective
territorial area , except that independent |
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HB1038 |
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LRB095 05041 JAM 25109 b |
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| candidates for the General
Assembly shall require not less than | 2 |
| 10%, nor more than 16% of the
number of persons who voted at | 3 |
| the next preceding general election in
such district or | 4 |
| political subdivision in which such district or
political | 5 |
| subdivision voted as a unit for the election of officers to
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| serve its respective territorial area . However, whenever the | 7 |
| minimum
signature requirement for an independent candidate | 8 |
| petition for a
district or political subdivision office shall | 9 |
| exceed the minimum number
of signatures for an independent | 10 |
| candidate petition for an office to be
filled by the voters of | 11 |
| the State at large at the next preceding
State-wide general | 12 |
| election, such State-wide petition signature
requirement shall | 13 |
| be the minimum for an independent candidate petition
for such | 14 |
| district or political subdivision office. For the first
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| election following a redistricting of congressional districts,
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| nomination papers for an independent candidate for congressman | 17 |
| shall be
signed by at least 5,000 qualified voters of the | 18 |
| congressional district.
For the first election following a | 19 |
| redistricting of legislative
districts, nomination papers for | 20 |
| an independent candidate for State
Senator in the General | 21 |
| Assembly shall be signed by at
least 3,000 qualified voters of | 22 |
| the legislative district. For the first
election following a | 23 |
| redistricting of representative districts, nomination
papers | 24 |
| for an independent candidate for State Representative in the | 25 |
| General
Assembly shall be signed by at least 1,500 qualified | 26 |
| voters of the
representative district. For the first election |
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HB1038 |
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LRB095 05041 JAM 25109 b |
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| following redistricting of
county board districts, or of | 2 |
| municipal wards or districts, or for the
first election | 3 |
| following the initial establishment of such districts or
wards | 4 |
| in a county or municipality, nomination papers
for an | 5 |
| independent candidate for county board member, or for alderman | 6 |
| or
trustee of such municipality, shall be signed by qualified | 7 |
| voters of the
district or ward equal to not less than 5% nor | 8 |
| more than 8% (or 50 more
than the minimum, whichever is | 9 |
| greater) of the total number of votes cast
at the preceding | 10 |
| general or general municipal election, as the case
may be, for | 11 |
| the county or municipal office voted on throughout such county
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| or municipality for which the greatest total number of votes | 13 |
| were cast for
all candidates, divided by the number of | 14 |
| districts or wards, but in any
event not less than 25 qualified | 15 |
| voters of the district or ward. Each voter
signing a nomination | 16 |
| paper shall add to his signature his place of
residence, and | 17 |
| each voter may subscribe to one nomination for such
office to | 18 |
| be filled, and no more: Provided that the name of any
candidate | 19 |
| whose name may appear in any other place upon the ballot shall
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| not be so added by petition for the same office.
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| The person circulating the petition, or the candidate on | 22 |
| whose behalf
the petition is circulated, may strike any | 23 |
| signature from the petition,
provided that;
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| (1) the person striking the signature shall initial the | 25 |
| petition at
the place where the signature is struck; and
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| (2) the person striking the signature shall sign a |
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HB1038 |
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LRB095 05041 JAM 25109 b |
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| certification
listing the page number and line number of | 2 |
| each signature struck from
the petition. Such | 3 |
| certification shall be filed as a part of the
petition.
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| (3) the persons striking signatures from the petition | 5 |
| shall each
sign an additional certificate specifying the | 6 |
| number of certification
pages listing stricken signatures | 7 |
| which are attached to the petition and
the page numbers | 8 |
| indicated on such certifications. The certificate
shall be | 9 |
| filed as a part of the petition, shall be numbered, and | 10 |
| shall
be attached immediately following the last page of | 11 |
| voters' signatures
and before the certifications of | 12 |
| stricken signatures.
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| (4) all of the foregoing requirements shall be | 14 |
| necessary to effect a
valid striking of any signature. The | 15 |
| provisions of this Section
authorizing the striking of | 16 |
| signatures shall not impose any criminal
liability on any | 17 |
| person so authorized for signatures which may be
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| fraudulent.
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| In the case of the offices of Governor and Lieutenant | 20 |
| Governor a
joint petition including one candidate for each of | 21 |
| those offices must be
filed.
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| Every petition for nomination of an independent candidate | 23 |
| for any
office for which candidates of established political | 24 |
| parties are
nominated at the general primary shall be filed | 25 |
| within
the time designated in Section 7-12 of this Act in | 26 |
| regard to nomination at
the general primary of any other |
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| candidate for such office.
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| A candidate for whom a nomination paper has been filed as a | 3 |
| partisan
candidate at a primary election, and who is defeated | 4 |
| for his or her
nomination at the primary election, is | 5 |
| ineligible to be placed on the
ballot as an independent | 6 |
| candidate for election in that general or
consolidated | 7 |
| election.
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| A candidate seeking election to an office for which | 9 |
| candidates of
political parties are nominated by caucus who is | 10 |
| a participant in the
caucus and who is defeated for his or
her | 11 |
| nomination at such caucus, is ineligible to be listed on the | 12 |
| ballot at
that general or consolidated election as an | 13 |
| independent candidate.
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| (Source: P.A. 86-867; 86-875; 86-1028; 86-1348.)
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| (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
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| Sec. 10-6. Time and manner of filing. Certificates
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| as provided in Section
10-3, certificates of
nomination and | 18 |
| nomination papers for the nomination of candidates for
offices | 19 |
| to be filled by electors of the entire State, or any district
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| not entirely within a county, or for congressional, state | 21 |
| legislative or
judicial offices, shall be presented to the | 22 |
| principal office of the
State Board of Elections not more than | 23 |
| 141 nor less than 134
days previous
to the day of election for | 24 |
| which the candidates are nominated. The
State Board of | 25 |
| Elections shall endorse the certificates of nomination or
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| nomination papers, as the case may be, and the date and hour of
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| presentment to it. Except as otherwise provided in this | 3 |
| section, all
other certificates for the nomination of | 4 |
| candidates shall be filed with
the county clerk of the | 5 |
| respective counties not more than 141 but at
least 134 days | 6 |
| previous to the day of such election. Certificates
of
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| nomination and nomination papers for the nomination of | 8 |
| candidates for
the offices of political subdivisions to be | 9 |
| filled at regular elections
other than the general election | 10 |
| shall be filed with the local election
official of such | 11 |
| subdivision:
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| (1) (Blank);
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| (2) not more than 78 nor less than 71 days prior to the
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| consolidated
election; or
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| (3) not more than 78 nor less than 71 days prior to the | 16 |
| general
primary in the case of municipal offices to be | 17 |
| filled at the general
primary election; or
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| (4) not more than 78 nor less than 71 days before the
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| consolidated
primary in the case of municipal offices to be | 20 |
| elected on a nonpartisan
basis pursuant to law (including | 21 |
| without limitation, those municipal
offices subject to | 22 |
| Articles 4 and 5 of the Municipal Code); or
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| (5) not more than 78 nor less than 71 days before the | 24 |
| municipal
primary in even numbered years for such | 25 |
| nonpartisan municipal offices
where annual elections are | 26 |
| provided; or
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| (6) in the case of petitions for the office of | 2 |
| multi-township assessor,
such petitions shall be filed | 3 |
| with the election authority not more than
78 nor less than | 4 |
| 71 days before the consolidated election.
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| However, where a political subdivision's boundaries are | 6 |
| co-extensive
with or are entirely within the jurisdiction of a | 7 |
| municipal board of
election commissioners, the certificates of | 8 |
| nomination and nomination
papers for candidates for such | 9 |
| political subdivision offices shall be filed
in the office of | 10 |
| such Board.
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| (Source: P.A. 90-358, eff. 1-1-98; 91-317, eff. 7-29-99.)
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