Full Text of HB1416 97th General Assembly
HB1416 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1416 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/7-10 | from Ch. 46, par. 7-10 | 10 ILCS 5/8-8 | from Ch. 46, par. 8-8 | 10 ILCS 5/10-5 | from Ch. 46, par. 10-5 | 10 ILCS 5/25-2 | from Ch. 46, par. 25-2 | 10 ILCS 5/29-10 | from Ch. 46, par. 29-10 | 730 ILCS 5/5-5-5 | from Ch. 38, par. 1005-5-5 |
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Amends the Election Code and the Unified Code of Corrections. Provides that a person is ineligible as a candidate for elective office and may not seek reelection to office if he or she has been convicted of a felony under the laws of this State, another state, the United States, or a foreign country. Provides that a person convicted of a felony under the laws of another country is ineligible as a candidate for office and is ineligible to seek reelection to office only if the felony under that country's laws is substantially similar to a felony violation in this country and if that country's judicial system affords a criminal defendant guarantees of due process similar to those afforded to a criminal defendant in the United States. Applies to persons who seek elective office or reelection to office after the effective date of the amendatory Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elective office.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 7-10, 8-8, 10-5, 25-2, and 29-10 as follows:
| 6 | | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| 7 | | Sec. 7-10. Form of petition for nomination. The name of no | 8 | | candidate for
nomination, or State central committeeman, or | 9 | | township committeeman, or
precinct committeeman, or ward | 10 | | committeeman or candidate for delegate or
alternate delegate to | 11 | | national nominating conventions, shall be printed
upon the | 12 | | primary ballot unless a petition for nomination has been filed | 13 | | in
his behalf as provided in this Article in substantially the | 14 | | following form:
| 15 | | We, the undersigned, members of and affiliated with the | 16 | | .... party
and qualified primary electors of the .... party, in | 17 | | the .... of ....,
in the county of .... and State of Illinois, | 18 | | do hereby petition that
the following named person or persons | 19 | | shall be a candidate or candidates
of the .... party for the | 20 | | nomination for (or in case of committeemen for
election to) the | 21 | | office or offices hereinafter specified, to be voted
for at the | 22 | | primary election to be held on (insert date).
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| 1 | | John Jones |
Governor |
Belvidere, Ill. |
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2 | | Jane James | Lieutenant Governor | Peoria, Ill. |
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3 | | Thomas Smith |
Attorney General |
Oakland, Ill. |
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4 | | Name.................. Address.......................
| 5 | | State of Illinois)
| 6 | | ) ss.
| 7 | | County of........)
| 8 | | I, ...., do hereby certify
that I reside at No. .... | 9 | | street, in the .... of ...., county of ....,
and State of | 10 | | ....., that I am 18 years of age or older, that
I am a citizen | 11 | | of the United States, and that the signatures on this sheet
| 12 | | were signed
in my presence, and are genuine, and that to the | 13 | | best of my knowledge
and belief the persons so signing were at | 14 | | the time of signing the
petitions qualified voters of the .... | 15 | | party, and that their respective
residences are correctly | 16 | | stated, as above set forth.
| 17 | | .........................
| 18 | | Subscribed and sworn to before me on (insert date).
| 19 | | .........................
| 20 | | Each sheet of the petition other than the statement of | 21 | | candidacy and
candidate's statement shall be of uniform size | 22 | | and shall contain above
the space for signatures an appropriate | 23 | | heading giving the information
as to name of candidate or |
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| 1 | | candidates, in whose behalf such petition is
signed; the | 2 | | office, the political party represented and place of
residence; | 3 | | and the heading of each sheet shall be the same.
| 4 | | Such petition shall be signed by qualified primary electors | 5 | | residing
in the political division for which the nomination is | 6 | | sought in their
own proper persons only and opposite the | 7 | | signature of each signer, his
residence address shall be | 8 | | written or printed. The residence address
required to be | 9 | | written or printed opposite each qualified primary elector's
| 10 | | name shall include the street address or rural route number of | 11 | | the signer,
as the case may be, as well as the signer's county, | 12 | | and city, village or
town, and state.
However the county or | 13 | | city, village or town, and state of residence of
the electors | 14 | | may be printed on the petition forms where all of the
electors | 15 | | signing the petition reside in the same county or city, village
| 16 | | or town, and state. Standard abbreviations may be used in | 17 | | writing the
residence address, including street number, if any. | 18 | | At the bottom of
each sheet of such petition shall be added a | 19 | | circulator statement signed by
a person 18 years of age or | 20 | | older who is a citizen of the United States,
stating the street | 21 | | address or rural route number, as the case may be, as well
as | 22 | | the county, city, village or town, and state;
and certifying | 23 | | that the signatures on that sheet of the petition were signed | 24 | | in
his or her presence and certifying that the signatures are | 25 | | genuine; and
either (1) indicating the dates on which that | 26 | | sheet was circulated, or (2)
indicating the first and last |
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| 1 | | dates on which the sheet was circulated, or (3)
certifying that | 2 | | none of the signatures on the sheet were signed more than 90
| 3 | | days preceding the last day for the filing of the petition and | 4 | | certifying that
to the best of his or her knowledge and belief | 5 | | the persons so signing were at
the time of signing the | 6 | | petitions qualified voters of the political party for
which a | 7 | | nomination is sought. Such statement shall be sworn to before | 8 | | some
officer authorized to administer oaths in this State.
| 9 | | No petition sheet shall be circulated more than 90 days | 10 | | preceding the
last day provided in Section 7-12 for the filing | 11 | | of such petition.
| 12 | | The person circulating the petition, or the candidate on | 13 | | whose behalf the
petition is circulated, may strike any | 14 | | signature from the petition,
provided that:
| 15 | | (1) the person striking the signature shall initial the | 16 | | petition at
the place where the signature is struck; and
| 17 | | (2) the person striking the signature shall sign a | 18 | | certification
listing the page number and line number of | 19 | | each signature struck from
the petition. Such | 20 | | certification shall be filed as a part of the petition.
| 21 | | Such sheets before being filed shall be neatly fastened | 22 | | together in
book form, by placing the sheets in a pile and | 23 | | fastening them together
at one edge in a secure and suitable | 24 | | manner, and the sheets shall then
be numbered consecutively. | 25 | | The sheets shall not be fastened by pasting
them together end | 26 | | to end, so as to form a continuous strip or roll. All
petition |
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| 1 | | sheets which are filed with the proper local election | 2 | | officials,
election authorities or the State Board of Elections | 3 | | shall be the original
sheets which have been signed by the | 4 | | voters and by the circulator thereof,
and not photocopies or | 5 | | duplicates of such sheets. Each petition must include
as a part | 6 | | thereof, a statement of candidacy for each of the candidates | 7 | | filing,
or in whose behalf the petition is filed. This | 8 | | statement shall set out the
address of such candidate, the | 9 | | office for which he is a candidate, shall state
that the | 10 | | candidate is a qualified primary voter of the party to which | 11 | | the
petition relates and is qualified for the office specified | 12 | | (in the case of a
candidate for State's Attorney it shall state | 13 | | that the candidate is at the time
of filing such statement a | 14 | | licensed attorney-at-law of this State), shall state
that he | 15 | | has filed (or will file before the close of the petition filing | 16 | | period)
a statement of economic interests as required by the | 17 | | Illinois Governmental
Ethics Act, shall request that the | 18 | | candidate's name be placed upon the official
ballot, and shall | 19 | | be subscribed and sworn to by such candidate before some
| 20 | | officer authorized to take acknowledgment of deeds in the State | 21 | | and shall be in
substantially the following form:
| 22 | | Statement of Candidacy
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23 | | Name |
Address |
Office |
District |
Party |
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24 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
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25 | | |
Belvidere, |
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26 | | |
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 ; that I have not been convicted of a felony under | 15 | | the laws of this State, another state, the United States, or a | 16 | | foreign country; and that I
have filed (or I will file before | 17 | | the close of the petition filing period)
a statement of | 18 | | economic interests as required by the Illinois
Governmental | 19 | | Ethics Act and I hereby request that my name be printed
upon | 20 | | the official primary ballot for nomination for (or election to | 21 | | in
the case of committeemen and delegates and alternate | 22 | | delegates) such
office.
| 23 | | Signed ......................
| 24 | | Subscribed and sworn to (or affirmed) before me by ...., | 25 | | who is to me
personally known, on (insert date).
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| 1 | | Signed ....................
| 2 | | (Official Character)
| 3 | | (Seal, if officer has one.)
| 4 | | The petitions, when filed, shall not be withdrawn or added | 5 | | to, and no
signatures shall be revoked except by revocation | 6 | | filed in writing with
the State Board of Elections, election | 7 | | authority or local election
official with whom the petition is | 8 | | required to be filed, and before the
filing of such petition. | 9 | | Whoever forges the name of a signer upon any
petition required | 10 | | by this Article is deemed guilty of a forgery and on
conviction | 11 | | thereof shall be punished accordingly.
| 12 | | A candidate for the offices listed in this Section must | 13 | | obtain the number
of signatures specified in this Section on | 14 | | his or her petition for nomination.
| 15 | | (a) Statewide office or delegate to a national nominating | 16 | | convention. If a
candidate seeks to run for statewide office or | 17 | | as a delegate or alternate
delegate to a national nominating | 18 | | convention elected from the State at-large,
then the | 19 | | candidate's petition for nomination must contain at least 5,000 | 20 | | but
not more than 10,000 signatures.
| 21 | | (b) Congressional office or congressional delegate to a | 22 | | national nominating
convention. If a candidate seeks to run for | 23 | | United States Congress or as a
congressional delegate or | 24 | | alternate congressional delegate to a national
nominating | 25 | | convention elected from a congressional district, then the
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| 1 | | candidate's petition for nomination must contain at least the | 2 | | number of
signatures equal to 0.5% of the qualified primary | 3 | | electors of his or her party
in his or her congressional | 4 | | district. In the first primary election following a
| 5 | | redistricting of congressional districts, a candidate's | 6 | | petition for nomination
must contain at least 600 signatures of | 7 | | qualified primary electors of the
candidate's political party | 8 | | in his or her congressional district.
| 9 | | (c) County office. If a candidate seeks to run for any | 10 | | countywide office,
including but not limited to county board | 11 | | chairperson or county board
member, elected on an at-large | 12 | | basis, in a county other than Cook County,
then the candidate's | 13 | | petition for nomination must contain at least the number
of | 14 | | signatures equal to 0.5% of the qualified electors of his or | 15 | | her party who
cast votes at the last preceding general election | 16 | | in his or her county. If a
candidate
seeks to run for county | 17 | | board member elected from a county board district, then
the | 18 | | candidate's petition for nomination must contain at least the | 19 | | number of
signatures equal to 0.5% of the qualified primary | 20 | | electors of his or her party
in the
county board district. In | 21 | | the first primary election following a redistricting
of county | 22 | | board districts or the initial establishment of county board
| 23 | | districts, a candidate's petition for nomination must contain | 24 | | at least the
number of signatures equal to 0.5% of the | 25 | | qualified electors of his or her
party
in the entire county who | 26 | | cast votes at the last preceding general election
divided by |
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| 1 | | the
total number of county board districts comprising the | 2 | | county board; provided
that
in no event shall the number of | 3 | | signatures be less than 25.
| 4 | | (d) County office; Cook County only.
| 5 | | (1) If a candidate seeks to run for countywide office | 6 | | in Cook County,
then the candidate's petition for | 7 | | nomination must contain at least the number
of signatures | 8 | | equal to 0.5% of the qualified electors of his or her party | 9 | | who
cast votes at the last preceding general election in | 10 | | Cook County.
| 11 | | (2) If a candidate seeks to run for Cook County Board | 12 | | Commissioner,
then the candidate's petition for nomination | 13 | | must contain at least the number
of signatures equal to | 14 | | 0.5% of
the qualified primary electors of his or her party | 15 | | in his or her county board
district. In the first primary | 16 | | election following a redistricting of Cook
County Board of | 17 | | Commissioners districts, a candidate's petition for
| 18 | | nomination must contain at least the number of signatures | 19 | | equal to 0.5% of
the qualified electors of his or her party | 20 | | in the entire county who cast votes
at the last
preceding | 21 | | general election divided by the total number of county | 22 | | board
districts comprising the county board; provided that | 23 | | in no event shall the
number of signatures be less than 25.
| 24 | | (3) If a candidate seeks to run for Cook County Board | 25 | | of Review
Commissioner, which is elected from a district | 26 | | pursuant to subsection (c)
of Section 5-5 of the Property |
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| 1 | | Tax Code, then the candidate's petition for
nomination must | 2 | | contain at least the number of signatures equal to 0.5% of
| 3 | | the total number of registered voters in his or her board | 4 | | of
review district in the last general election at which a | 5 | | commissioner was
regularly scheduled to be elected from | 6 | | that board of review district. In no
event shall the number | 7 | | of signatures required be greater than the requisite
number | 8 | | for a candidate who seeks countywide office in Cook County
| 9 | | under subsection (d)(1) of this Section. In the first | 10 | | primary election
following a redistricting of Cook County | 11 | | Board of Review districts, a
candidate's petition for | 12 | | nomination must contain at least 4,000 signatures
or at | 13 | | least the number of signatures required for a countywide | 14 | | candidate in
Cook County, whichever is less,
of the | 15 | | qualified electors of his or her party in the district.
| 16 | | (e) Municipal or township office. If a candidate seeks to | 17 | | run for municipal
or township office, then the candidate's | 18 | | petition for nomination must contain
at least the number of | 19 | | signatures equal to 0.5% of the qualified primary
electors of | 20 | | his or her party in the municipality or township. If a | 21 | | candidate
seeks to run for alderman of a municipality, then the | 22 | | candidate's petition for
nomination must contain at least the | 23 | | number of signatures equal to 0.5% of the
qualified primary | 24 | | electors of his or her party of the ward. In the first
primary | 25 | | election following redistricting of aldermanic wards or | 26 | | trustee
districts of a municipality or the initial |
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| 1 | | establishment of wards or districts,
a candidate's petition for | 2 | | nomination must contain the number of signatures
equal to at | 3 | | least 0.5% of the total number of votes cast for the candidate | 4 | | of
that political party who received the highest number of | 5 | | votes in the entire
municipality at the last regular election | 6 | | at which an officer was regularly
scheduled to be elected from
| 7 | | the entire municipality, divided by the number of wards or | 8 | | districts. In no
event shall the number of signatures be less | 9 | | than 25.
| 10 | | (f) State central committeeperson. If a candidate seeks to | 11 | | run for State
central committeeperson, then the candidate's | 12 | | petition for nomination must
contain at least 100 signatures of | 13 | | the primary electors of his or her party of
his or
her | 14 | | congressional district.
| 15 | | (g) Sanitary district trustee. If a candidate seeks to run | 16 | | for trustee of a
sanitary district in which trustees are not | 17 | | elected from wards, then the
candidate's petition for | 18 | | nomination must contain at least the number of
signatures equal | 19 | | to 0.5% of the primary electors of his or her party from the
| 20 | | sanitary district. If a candidate seeks to run for trustee
of a | 21 | | sanitary district in which trustees are elected from wards, | 22 | | then the
candidate's petition for
nomination must contain at | 23 | | least the number of signatures equal to 0.5% of the
primary | 24 | | electors of his or her party in the ward of that sanitary | 25 | | district. In
the
first primary election following | 26 | | redistricting of sanitary districts elected
from wards, a |
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| 1 | | candidate's petition for nomination must contain at least the
| 2 | | signatures of 150 qualified primary electors of his or her ward | 3 | | of that
sanitary district.
| 4 | | (h) Judicial office. If a candidate seeks to run for | 5 | | judicial office in a district, then the candidate's petition | 6 | | for nomination must contain the number of signatures equal to | 7 | | 0.4% of the number of votes cast in that district for the | 8 | | candidate for his or her political party for the office of | 9 | | Governor at the last general election at which a Governor was | 10 | | elected, but in no event less than 500 signatures. If a | 11 | | candidate seeks to run for judicial office in a
circuit or | 12 | | subcircuit, then the candidate's petition for nomination
must | 13 | | contain the number of signatures equal to 0.25% of the number | 14 | | of votes
cast for the judicial candidate of his or her | 15 | | political party who received the
highest number of votes
at the | 16 | | last general election at which a judicial
officer from the same | 17 | | circuit or subcircuit was regularly scheduled
to be elected, | 18 | | but in no event less than 500 signatures.
| 19 | | (i) Precinct, ward, and township committeeperson. If a | 20 | | candidate seeks to
run for precinct committeeperson, then the | 21 | | candidate's petition for nomination
must contain at least 10 | 22 | | signatures of the primary electors of his or her
party for the | 23 | | precinct. If a candidate seeks to run for ward committeeperson,
| 24 | | then the candidate's petition for nomination must contain no | 25 | | less than the
number of signatures equal to 10% of the primary | 26 | | electors of his or her party
of the ward, but no more than 16% |
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| 1 | | of those same electors; provided that the
maximum number of | 2 | | signatures may be 50 more than the minimum number, whichever
is | 3 | | greater. If a candidate seeks to run for township | 4 | | committeeperson, then the
candidate's petition for nomination | 5 | | must contain no less than the number of
signatures equal to 5% | 6 | | of the primary electors of his or her party of the
township, | 7 | | but no more than 8% of those same electors;
provided that the | 8 | | maximum number of signatures may be 50 more than the
minimum | 9 | | number, whichever is greater.
| 10 | | (j) State's attorney or regional superintendent of schools | 11 | | for multiple
counties. If
a candidate seeks to run for State's | 12 | | attorney or regional Superintendent of
Schools who serves more | 13 | | than one county, then the candidate's petition for
nomination | 14 | | must contain at least the number of signatures equal to 0.5% of | 15 | | the
primary electors of his or her party in the territory | 16 | | comprising the counties.
| 17 | | (k) Any other office. If a candidate seeks any other | 18 | | office, then the
candidate's petition for nomination must | 19 | | contain at least the number of
signatures equal to 0.5% of the | 20 | | registered voters of the political subdivision,
district, or | 21 | | division for which the nomination is made or 25 signatures,
| 22 | | whichever is greater.
| 23 | | For purposes of this Section the number of primary electors | 24 | | shall be
determined by taking the total vote cast, in the | 25 | | applicable district, for the
candidate for that political party | 26 | | who received the highest number of votes,
statewide, at the |
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| 1 | | last general election in the State at which electors for
| 2 | | President of the United States were elected. For political | 3 | | subdivisions, the
number of primary electors shall be | 4 | | determined by taking the total vote
cast for the candidate for | 5 | | that political party who received the highest number
of votes | 6 | | in the political subdivision at the last regular election at | 7 | | which an
officer was regularly scheduled to be elected from | 8 | | that subdivision. For wards
or districts of political | 9 | | subdivisions, the number of primary electors shall be
| 10 | | determined by taking the total vote cast for the candidate for | 11 | | that political
party who received the highest number of votes | 12 | | in the ward or district at the
last regular election at which | 13 | | an officer was regularly scheduled to be elected
from that ward | 14 | | or district.
| 15 | | A "qualified primary elector" of a party may not
sign | 16 | | petitions for or be a candidate in the primary of more than
one | 17 | | party.
| 18 | | The changes made to this Section of this amendatory Act of | 19 | | the 93rd General
Assembly are declarative of existing law, | 20 | | except for item (3) of subsection
(d).
| 21 | | Petitions of candidates for nomination for offices herein | 22 | | specified,
to be filed with the same officer, may contain the | 23 | | names of 2 or more
candidates of the same political party for | 24 | | the same or different
offices. In the case of the offices of | 25 | | Governor and Lieutenant Governor, a joint petition including | 26 | | one candidate for each of those offices must be filed.
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| 1 | | (l) A person convicted of a felony under the laws of | 2 | | another country is ineligible as a candidate for office only if | 3 | | the felony under that country's laws is substantially similar | 4 | | to a felony violation in this country and if that country's | 5 | | judicial system affords a criminal defendant guarantees of due | 6 | | process similar to those afforded to a criminal defendant in | 7 | | the United States. A candidate who has been convicted of a | 8 | | felony under the laws of another country whose laws do not meet | 9 | | the requirements of this subsection (l) need not attest that he | 10 | | or she has not been convicted of such felony. | 11 | | (Source: P.A. 95-699, eff. 11-9-07; 95-916, eff. 8-26-08; | 12 | | 96-1018, eff. 1-1-11.)
| 13 | | (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
| 14 | | Sec. 8-8. Form of petition for nomination. The name of no | 15 | | candidate for nomination shall be printed
upon the primary | 16 | | ballot unless a petition for nomination shall have been
filed | 17 | | in his behalf as provided for in this Section. Each such | 18 | | petition
shall include as a part thereof the oath required by | 19 | | Section 7-10.1 of
this Act and a statement of candidacy by the | 20 | | candidate filing or in
whose behalf the petition is filed. This | 21 | | statement shall set out the
address of such candidate, the | 22 | | office for which he is a candidate, shall
state that the | 23 | | candidate is a qualified primary voter of the party to
which | 24 | | the petition relates, is qualified for the office specified and
| 25 | | has filed a statement of economic interests as required by the |
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| 1 | | Illinois
Governmental Ethics Act, shall request that the | 2 | | candidate's name be
placed upon the official ballot and shall | 3 | | be subscribed and sworn by
such candidate before some officer | 4 | | authorized to take acknowledgment of
deeds in this State and | 5 | | may be in substantially the following form:
| 6 | | State of Illinois)
| 7 | | ) ss.
| 8 | | County ..........)
| 9 | | I, ...., being first duly sworn, say that I reside at .... | 10 | | street in
the city (or village of) .... in the county of .... | 11 | | State of Illinois;
that I am a qualified voter therein and am a | 12 | | qualified primary voter of
.... party; that I am a candidate | 13 | | for nomination to the office of ....
to be voted upon at the | 14 | | primary election to be held on (insert date);
that I am legally | 15 | | qualified to hold such office ; that I have not been convicted | 16 | | of a felony under the laws of this State, another state, the | 17 | | United States, or a foreign country; and
that I have filed a | 18 | | statement of economic interests as required by the
Illinois | 19 | | Governmental Ethics Act and I hereby request that my name be
| 20 | | printed upon the official primary ballot for nomination for | 21 | | such office.
| 22 | | Signed ....................
| 23 | | Subscribed and sworn to (or affirmed) before me by ...., | 24 | | who is to me
personally known, on (insert date).
| 25 | | Signed .... (Official Character)
| 26 | | (Seal if officer has one.)
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| 1 | | The receipt issued by the Secretary of State indicating | 2 | | that the candidate has filed the statement of economic | 3 | | interests required by the Illinois Governmental Ethics Act must | 4 | | be filed with the petitions for nomination as provided in | 5 | | subsection (8) of Section 7-12 of this Code.
| 6 | | All petitions for nomination for the office of State | 7 | | Senator shall be signed
by 1% or 1,000, whichever is greater, | 8 | | of the qualified primary electors of
the candidate's party in | 9 | | his legislative district, except that for the first
primary | 10 | | following a redistricting of legislative districts, such | 11 | | petitions
shall be signed by at least 1,000
qualified primary | 12 | | electors of the candidate's
party in his legislative district.
| 13 | | All petitions for nomination for the office of | 14 | | Representative in the General
Assembly shall be signed by at | 15 | | least 1% or 500, whichever is greater, of
the qualified primary | 16 | | electors of the candidate's party in his or her
representative | 17 | | district, except that for the first primary following
a | 18 | | redistricting of representative districts such petitions shall | 19 | | be signed
by at least 500
qualified primary electors of the | 20 | | candidate's party in
his or her representative district.
| 21 | | Opposite the signature of each qualified primary elector | 22 | | who signs a
petition for nomination for the office of State | 23 | | Representative or State
Senator such elector's residence | 24 | | address shall be written or printed. The
residence address | 25 | | required to be written or printed opposite each qualified
| 26 | | primary elector's name shall include the street address or |
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| 1 | | rural route
number of the signer, as the case may be, as well | 2 | | as the signer's county
and city, village or town.
| 3 | | For the purposes of this Section, the number of primary | 4 | | electors shall
be determined by taking the total vote cast, in | 5 | | the applicable district,
for the candidate for such political | 6 | | party who received the highest number
of votes, state-wide, at | 7 | | the last general election in the State at which
electors for | 8 | | President of the United States were elected.
| 9 | | A "qualified primary elector" of a party may not sign | 10 | | petitions for or be a
candidate in the primary of more than one | 11 | | party.
| 12 | | In the affidavit at the bottom of each sheet, the petition | 13 | | circulator,
who shall be a person 18 years of age or older who | 14 | | is a citizen of the United
States, shall state his or her | 15 | | street address or rural route
number, as the
case may be, as | 16 | | well as his or her county, city, village or
town, and state; | 17 | | and
shall certify that the signatures on that sheet of the | 18 | | petition were signed in
his or her presence; and shall certify | 19 | | that the signatures are genuine; and
shall certify
that to the | 20 | | best of his or her knowledge and belief the persons so signing | 21 | | were
at the time of signing the petition qualified primary | 22 | | voters for which the
nomination is sought.
| 23 | | In the affidavit at the bottom of each petition sheet, the | 24 | | petition
circulator shall either (1) indicate the dates on | 25 | | which he or she
circulated that sheet, or (2) indicate the | 26 | | first and last dates on which
the sheet was circulated, or (3) |
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| 1 | | certify that none of the signatures on the
sheet were signed | 2 | | more than 90 days preceding the last day for the filing
of the | 3 | | petition. No petition sheet shall be circulated more than 90 | 4 | | days
preceding the last day provided in Section 8-9 for the | 5 | | filing of such petition.
| 6 | | All petition sheets which are filed with the State Board of | 7 | | Elections shall
be the original sheets which have been signed | 8 | | by the voters and by the
circulator, and not photocopies or | 9 | | duplicates of such sheets.
| 10 | | The person circulating the petition, or the candidate on | 11 | | whose behalf
the petition is circulated, may strike any | 12 | | signature from the petition,
provided that:
| 13 | | (1) the person striking the signature shall initial the | 14 | | petition at
the place where the signature is struck; and
| 15 | | (2) the person striking the signature shall sign a | 16 | | certification
listing the page number and line number of | 17 | | each signature struck from
the petition. Such | 18 | | certification shall be filed as a part of the petition.
| 19 | | A person convicted of a felony under the laws of another | 20 | | country is ineligible as a candidate for office only if the | 21 | | felony under that country's laws is substantially similar to a | 22 | | felony violation in this country and if that country's judicial | 23 | | system affords a criminal defendant guarantees of due process | 24 | | similar to those afforded to a criminal defendant in the United | 25 | | States. A candidate who has been convicted of a felony under | 26 | | the laws of another country whose laws do not meet the |
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| 1 | | requirements of this paragraph need not attest that he or she | 2 | | has not been convicted of such felony. | 3 | | (Source: P.A. 94-645, eff. 8-22-05.)
| 4 | | (10 ILCS 5/10-5) (from Ch. 46, par. 10-5)
| 5 | | Sec. 10-5.
All petitions for nomination shall,
besides | 6 | | containing the names of candidates, specify as to each:
| 7 | | 1. The office or offices to which such candidate or | 8 | | candidates shall
be nominated.
| 9 | | 2. The new political party, if any, represented, expressed | 10 | | in not more than 5
words. However, such party shall not bear | 11 | | the same name as, nor include
the name of any established | 12 | | political party as defined in this Article.
This prohibition | 13 | | does not preclude any established political party from
making | 14 | | nominations in those cases in which it is authorized to do so.
| 15 | | 3. The place of residence of any such candidate or | 16 | | candidates with
the street and number thereof, if any. In the | 17 | | case of electors for
President and Vice-President of the United | 18 | | States, the names of
candidates for President and | 19 | | Vice-President may be added to the party
name or appellation.
| 20 | | Such certificate of nomination or nomination papers in | 21 | | addition shall
include as a part thereof, the oath required by | 22 | | Section 7-10.1 of this
Act and must include a statement of | 23 | | candidacy for each of the candidates named
therein, except | 24 | | candidates for electors for President and Vice-President
of the | 25 | | United States. Each such statement shall set out the address of
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| 1 | | such candidate, the office for which he is a candidate, shall | 2 | | state that
the candidate is qualified for the office specified | 3 | | and has filed (or will
file before the close of the petition | 4 | | filing period) a
statement of economic interests as required by | 5 | | the Illinois Governmental
Ethics Act, shall request that the | 6 | | candidate's name be placed upon the
official ballot and shall | 7 | | be subscribed and sworn to by such candidate
before some | 8 | | officer authorized to take acknowledgments of deeds in this
| 9 | | State, and may be in substantially the following form:
| 10 | | State of Illinois)
| 11 | | ) SS.
| 12 | | County of........)
| 13 | | I,...., being first duly sworn, say that I reside at.... | 14 | | street, in
the city (or village) of.... in the county of.... | 15 | | State of Illinois;
and that I am a qualified voter therein; | 16 | | that I am a candidate for
election to the office of.... to be | 17 | | voted upon at the election to be
held on the.... day | 18 | | of....,.....; and that I am legally qualified
to hold such | 19 | | office ; that I have not been convicted of a felony under the | 20 | | laws of this State, another state, the United States, or a | 21 | | foreign country; and that I have filed (or will file before the | 22 | | close
of the petition filing period) a statement of economic
| 23 | | interests as required by the Illinois Governmental Ethics Act, | 24 | | and I
hereby request that my name be printed upon the official | 25 | | ballot for
election to such office.
| 26 | | Signed.................
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| 1 | | Subscribed and sworn to (or affirmed) before me by.... who | 2 | | is to me
personally known, this.... day of....,......
| 3 | | Signed.................
| 4 | | (Official Character)
| 5 | | (Seal, if officer has one.)
| 6 | | In addition, a new political party petition shall have | 7 | | attached thereto
a certificate stating the names and addresses | 8 | | of the party officers authorized
to fill vacancies in | 9 | | nomination pursuant to Section 10-11.
| 10 | | Nomination papers filed under this Section are not valid if | 11 | | the
candidate named therein fails to file a statement of | 12 | | economic interests
as required by the Illinois Governmental | 13 | | Ethics Act in relation to his
candidacy with the appropriate | 14 | | officer by the end of the period for the
filing of nomination | 15 | | papers unless he has filed a statement of economic
interests in | 16 | | relation to the same governmental unit with that officer
during | 17 | | the same calendar year as the year in which such nomination
| 18 | | papers were filed. If the nomination papers of any candidate | 19 | | and the
statement of economic interest of that candidate are | 20 | | not required to be
filed with the same officer, the candidate | 21 | | must file with the officer
with whom the nomination papers are | 22 | | filed a receipt from the officer
with whom the statement of | 23 | | economic interests is filed showing the date
on which such | 24 | | statement was filed. Such receipt shall be so filed not
later | 25 | | than the last day on which nomination papers may be filed.
| 26 | | A person convicted of a felony under the laws of another |
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| 1 | | country is ineligible as a candidate for office only if the | 2 | | felony under that country's laws is substantially similar to a | 3 | | felony violation in this country and if that country's judicial | 4 | | system affords a criminal defendant guarantees of due process | 5 | | similar to those afforded to a criminal defendant in the United | 6 | | States. A candidate who has been convicted of a felony under | 7 | | the laws of another country whose laws do not meet the | 8 | | requirements of this paragraph need not attest that he or she | 9 | | has not been convicted of such felony. | 10 | | (Source: P.A. 84-551.)
| 11 | | (10 ILCS 5/25-2) (from Ch. 46, par. 25-2)
| 12 | | Sec. 25-2. Events on which an elective office becomes | 13 | | vacant. Every
elective office shall become vacant on the | 14 | | happening of any
of the following events before the expiration | 15 | | of the term of such office:
| 16 | | (1) The death of the incumbent.
| 17 | | (2) His or her resignation.
| 18 | | (3) His or her becoming a person under legal
| 19 | | disability.
| 20 | | (4) His or her ceasing to be an inhabitant of the | 21 | | State; or if the office
is local, his or her ceasing to be | 22 | | an inhabitant of the district,
county, town, or precinct | 23 | | for which he or she was elected; provided, that the
| 24 | | provisions of this paragraph shall not apply to township | 25 | | officers whose
township boundaries are changed in |
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| 1 | | accordance with Section 10-20 of
the Township Code, to a | 2 | | township officer after disconnection as set forth in | 3 | | Section 15-17 of the Township Code, nor to township or | 4 | | multi-township assessors elected under
Sections 2-5 | 5 | | through 2-15 of the Property Tax Code.
| 6 | | (5) His or her conviction of an infamous crime, or of
| 7 | | any offense involving a violation of official oath. | 8 | | (5.1) His or her conviction of a felony under the laws | 9 | | of this State, another state, the United States, or a | 10 | | foreign country. A person shall only be considered | 11 | | ineligible to hold elective office for conviction of a | 12 | | felony under the laws of another country if the felony | 13 | | under that country's laws is substantially similar to a | 14 | | felony violation in this country and if that country's | 15 | | judicial system affords a criminal defendant guarantees of | 16 | | due process similar to those afforded to a criminal | 17 | | defendant in the United States. The provisions of this | 18 | | clause (5.1) shall prohibit the restoration of rights of a | 19 | | person convicted of a felony to hold elective office if the | 20 | | person seeks an elective office or reelection to office | 21 | | after the effective date of this amendatory Act of the 97th | 22 | | General Assembly.
| 23 | | (6) His or her removal from office.
| 24 | | (7) His or her refusal or neglect to take his or her
| 25 | | oath of office, or to give or renew his or her official | 26 | | bond, or to deposit or
file such oath or bond within the |
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| 1 | | time prescribed by law.
| 2 | | (8) The decision of a competent tribunal declaring his
| 3 | | or her election void.
| 4 | | No elective office, except as herein otherwise provided, | 5 | | shall become
vacant until the successor of the incumbent of | 6 | | such office has been appointed
or elected, as the case may be, | 7 | | and qualified.
| 8 | | An unconditional resignation, effective at a future date, | 9 | | may not be
withdrawn after it is received by the officer | 10 | | authorized to fill the
vacancy. Such resignation shall create a | 11 | | vacancy in office for the purpose
of determining the time | 12 | | period which would require an election. The
resigning office | 13 | | holder may continue to hold such office until the date or
event | 14 | | specified in such resignation, but no later than the date at | 15 | | which
his or her successor is elected and qualified.
| 16 | | An admission of guilt of a criminal offense that would, | 17 | | upon conviction,
disqualify the holder of an elective office | 18 | | from holding that office, in the
form of a written agreement | 19 | | with State or federal prosecutors to plead guilty
to a felony, | 20 | | bribery, perjury, or other infamous crime under State or | 21 | | federal
law, shall constitute a resignation from that office, | 22 | | effective at the time the
plea agreement is made.
| 23 | | For purposes of this Section, a conviction for an offense | 24 | | that disqualifies
the holder of an elective office from holding | 25 | | that office shall occur on the
date of the return of a guilty | 26 | | verdict or, in the case of a trial by the court,
the entry of a |
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| 1 | | finding of guilt.
| 2 | | This Section does not apply to any elected or appointed | 3 | | officers or officials of any municipality having a population | 4 | | under 500,000.
| 5 | | (Source: P.A. 94-529, eff. 8-10-05; 95-646, eff. 1-1-08.)
| 6 | | (10 ILCS 5/29-10) (from Ch. 46, par. 29-10)
| 7 | | Sec. 29-10. Perjury. (a)
Any person who makes a false | 8 | | statement, material to the issue or point
in question, which he | 9 | | does not believe to be true, in any affidavit,
certificate or | 10 | | sworn oral declaration required by any provision of this
Code | 11 | | shall be guilty of a Class 3 felony.
| 12 | | (b) Any person who is convicted of violating this Section | 13 | | shall be ineligible
for elective office. Any person who is | 14 | | convicted of violating this Section shall be ineligible
for | 15 | | public employment for a period of 5 years immediately following | 16 | | the
completion of his sentence. For the purpose of this | 17 | | subsection, "public
employment" shall mean any elected or | 18 | | appointed office created by the Constitution
or laws of this | 19 | | State, or any ordinance of a unit of local government.
"Public | 20 | | employment" shall also include any position as an employee of | 21 | | the
State of Illinois, or a unit of local government or school | 22 | | district.
| 23 | | (Source: P.A. 83-1097.)
| 24 | | Section 10. The Unified Code of Corrections is amended by |
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| 1 | | changing Section 5-5-5 as follows:
| 2 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 3 | | Sec. 5-5-5. Loss and Restoration of Rights.
| 4 | | (a) Conviction and disposition shall not entail the loss by | 5 | | the
defendant of any civil rights, except under this Section | 6 | | and Sections 29-6
and 29-10 of The Election Code, as now or | 7 | | hereafter amended.
| 8 | | (b) A person convicted of a felony under the laws of this | 9 | | State, another state, the United States, or a foreign country | 10 | | shall be ineligible to hold an office
created by the | 11 | | Constitution of this State or an elective office created by law | 12 | | or ordinance. A person shall only be considered ineligible to | 13 | | hold elective office for conviction of a felony under the laws | 14 | | of another country if the felony under that country's laws is | 15 | | substantially similar to a felony violation in this country and | 16 | | if that country's judicial system affords a criminal defendant | 17 | | guarantees of due process similar to those afforded to a | 18 | | criminal defendant in the United States. The provisions of this | 19 | | subsection (b) shall prohibit the restoration of rights of a | 20 | | person convicted of a felony to hold elective office if the | 21 | | person seeks an elective office or reelection to office after | 22 | | the effective date of this amendatory Act of the 97th General | 23 | | Assembly until the completion of his sentence .
| 24 | | (c) A person sentenced to imprisonment shall lose his right | 25 | | to vote
until released from imprisonment.
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| 1 | | (d) On completion of sentence of imprisonment or upon | 2 | | discharge from
probation, conditional discharge or periodic | 3 | | imprisonment, or at any time
thereafter, all license rights and | 4 | | privileges
granted under the authority of this State which have | 5 | | been revoked or
suspended because of conviction of an offense | 6 | | shall be restored unless the
authority having jurisdiction of | 7 | | such license rights finds after
investigation and hearing that | 8 | | restoration is not in the public interest.
This paragraph (d) | 9 | | shall not apply to the suspension or revocation of a
license to | 10 | | operate a motor vehicle under the Illinois Vehicle Code.
| 11 | | (e) Upon a person's discharge from incarceration or parole, | 12 | | or upon a
person's discharge from probation or at any time | 13 | | thereafter, the committing
court may enter an order certifying | 14 | | that the sentence has been
satisfactorily completed when the | 15 | | court believes it would assist in the
rehabilitation of the | 16 | | person and be consistent with the public welfare.
Such order | 17 | | may be entered upon the motion of the defendant or the State or
| 18 | | upon the court's own motion.
| 19 | | (f) Upon entry of the order, the court shall issue to the | 20 | | person in
whose favor the order has been entered a certificate | 21 | | stating that his
behavior after conviction has warranted the | 22 | | issuance of the order.
| 23 | | (g) This Section shall not affect the right of a defendant | 24 | | to
collaterally attack his conviction or to rely on it in bar | 25 | | of subsequent
proceedings for the same offense.
| 26 | | (h) No application for any license specified in subsection |
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| 1 | | (i) of this
Section granted under the
authority of this State | 2 | | shall be denied by reason of an eligible offender who
has | 3 | | obtained a certificate of relief from disabilities, as
defined | 4 | | in Article 5.5 of this Chapter, having been previously | 5 | | convicted of one
or more
criminal offenses, or by reason of a | 6 | | finding of lack of "good moral
character" when the finding is | 7 | | based upon the fact that the applicant has
previously been | 8 | | convicted of one or more criminal offenses, unless:
| 9 | | (1) there is a direct relationship between one or more | 10 | | of the previous
criminal offenses and the specific license | 11 | | sought; or
| 12 | | (2) the issuance of the license would
involve an | 13 | | unreasonable risk to property or to the safety or welfare | 14 | | of
specific individuals or the general public.
| 15 | | In making such a determination, the licensing agency shall | 16 | | consider the
following factors:
| 17 | | (1) the public policy of this State, as expressed in | 18 | | Article 5.5 of this
Chapter, to encourage the licensure and | 19 | | employment of persons previously
convicted of one or more | 20 | | criminal offenses;
| 21 | | (2) the specific duties and responsibilities | 22 | | necessarily related to the
license being sought;
| 23 | | (3) the bearing, if any, the criminal offenses or | 24 | | offenses for which the
person
was previously convicted will | 25 | | have on his or her fitness or ability to perform
one or
| 26 | | more such duties and responsibilities;
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| 1 | | (4) the time which has elapsed since the occurrence of | 2 | | the criminal
offense or offenses;
| 3 | | (5) the age of the person at the time of occurrence of | 4 | | the criminal
offense or offenses;
| 5 | | (6) the seriousness of the offense or offenses;
| 6 | | (7) any information produced by the person or produced | 7 | | on his or her
behalf in
regard to his or her rehabilitation | 8 | | and good conduct, including a certificate
of relief from | 9 | | disabilities issued to the applicant, which certificate | 10 | | shall
create a presumption of rehabilitation in regard to | 11 | | the offense or offenses
specified in the certificate; and
| 12 | | (8) the legitimate interest of the licensing agency in | 13 | | protecting
property, and
the safety and welfare of specific | 14 | | individuals or the general public.
| 15 | | (i) A certificate of relief from disabilities shall be | 16 | | issued only
for a
license or certification issued under the | 17 | | following Acts:
| 18 | | (1) the Animal Welfare Act; except that a certificate | 19 | | of relief from
disabilities may not be granted
to provide | 20 | | for
the
issuance or restoration of a license under the | 21 | | Animal Welfare Act for any
person convicted of violating | 22 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 23 | | Care for Animals Act or Section 26-5 of the Criminal Code | 24 | | of
1961;
| 25 | | (2) the Illinois Athletic Trainers Practice Act;
| 26 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, |
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| 1 | | and Nail Technology Act of 1985;
| 2 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 3 | | Act;
| 4 | | (5) the Professional Boxing Act;
| 5 | | (6) the Illinois Certified Shorthand Reporters Act of | 6 | | 1984;
| 7 | | (7) the Illinois Farm Labor Contractor Certification | 8 | | Act;
| 9 | | (8) the Interior Design Title Act;
| 10 | | (9) the Illinois Professional Land Surveyor Act of | 11 | | 1989;
| 12 | | (10) the Illinois Landscape Architecture Act of 1989;
| 13 | | (11) the Marriage and Family Therapy Licensing Act;
| 14 | | (12) the Private Employment Agency Act;
| 15 | | (13) the Professional Counselor and Clinical | 16 | | Professional Counselor
Licensing
Act;
| 17 | | (14) the Real Estate License Act of 2000;
| 18 | | (15) the Illinois Roofing Industry Licensing Act; | 19 | | (16) the Professional Engineering Practice Act of | 20 | | 1989; | 21 | | (17) the Water Well and Pump Installation Contractor's | 22 | | License Act; | 23 | | (18) the Electrologist Licensing Act;
| 24 | | (19) the Auction License Act; | 25 | | (20) Illinois Architecture Practice Act of 1989; | 26 | | (21) the Dietetic and Nutrition Services Practice Act; |
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| 1 | | (22) the Environmental Health Practitioner Licensing | 2 | | Act; | 3 | | (23) the Funeral Directors and Embalmers Licensing | 4 | | Code; | 5 | | (24) the Land Sales Registration Act of 1999; | 6 | | (25) the Professional Geologist Licensing Act; | 7 | | (26) the Illinois Public Accounting Act; and | 8 | | (27) the Structural Engineering Practice Act of 1989.
| 9 | | (Source: P.A. 96-1246, eff. 1-1-11.)
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