Full Text of SB1582 96th General Assembly
SB1582eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning judges.
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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 7-10, 7-12, 7A-1, and 10-7 as follows:
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| (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
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| 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:
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| 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 | | Thomas Smith |
Attorney General |
Oakland, Ill. |
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| Name.................. Address.......................
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| State of Illinois)
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| ) ss.
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| County of........)
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| I, ...., do hereby certify
that I reside at No. .... | 8 |
| street, in the .... of ...., county of ....,
and State of | 9 |
| ....., that I am 18 years of age or older, that
I am a citizen | 10 |
| of the United States, and that the signatures on this sheet
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| were signed
in my presence, and are genuine, and that to the | 12 |
| best of my knowledge
and belief the persons so signing were at | 13 |
| the time of signing the
petitions qualified voters of the .... | 14 |
| party, and that their respective
residences are correctly | 15 |
| stated, as above set forth.
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| .........................
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| Subscribed and sworn to before me on (insert date).
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| .........................
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| Each sheet of the petition other than the statement of | 20 |
| candidacy and
candidate's statement shall be of uniform size | 21 |
| and shall contain above
the space for signatures an appropriate | 22 |
| heading giving the information
as to name of candidate or | 23 |
| candidates, in whose behalf such petition is
signed; the |
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| office, the political party represented and place of
residence; | 2 |
| and the heading of each sheet shall be the same.
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| Such petition shall be signed by qualified primary electors | 4 |
| residing
in the political division for which the nomination is | 5 |
| sought in their
own proper persons only and opposite the | 6 |
| signature of each signer, his
residence address shall be | 7 |
| written or printed. The residence address
required to be | 8 |
| written or printed opposite each qualified primary elector's
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| name shall include the street address or rural route number of | 10 |
| the signer,
as the case may be, as well as the signer's county, | 11 |
| and city, village or
town, and state.
However the county or | 12 |
| city, village or town, and state of residence of
the electors | 13 |
| may be printed on the petition forms where all of the
electors | 14 |
| signing the petition reside in the same county or city, village
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| or town, and state. Standard abbreviations may be used in | 16 |
| writing the
residence address, including street number, if any. | 17 |
| At the bottom of
each sheet of such petition shall be added a | 18 |
| circulator statement signed by
a person 18 years of age or | 19 |
| older who is a citizen of the United States,
stating the street | 20 |
| address or rural route number, as the case may be, as well
as | 21 |
| the county, city, village or town, and state;
and certifying | 22 |
| that the signatures on that sheet of the petition were signed | 23 |
| in
his or her presence and certifying that the signatures are | 24 |
| genuine; and
either (1) indicating the dates on which that | 25 |
| sheet was circulated, or (2)
indicating the first and last | 26 |
| dates on which the sheet was circulated, or (3)
certifying that |
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| none of the signatures on the sheet were signed more than 90
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| days preceding the last day for the filing of the petition and | 3 |
| certifying that
to the best of his or her knowledge and belief | 4 |
| the persons so signing were at
the time of signing the | 5 |
| petitions qualified voters of the political party for
which a | 6 |
| nomination is sought. Such statement shall be sworn to before | 7 |
| some
officer authorized to administer oaths in this State.
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| No petition sheet shall be circulated more than 90 days | 9 |
| preceding the
last day provided in Section 7-12 for the filing | 10 |
| of such petition.
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| The person circulating the petition, or the candidate on | 12 |
| whose behalf the
petition is circulated, may strike any | 13 |
| signature from the petition,
provided that:
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| (1) the person striking the signature shall initial the | 15 |
| petition at
the place where the signature is struck; and
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| (2) the person striking the signature shall sign a | 17 |
| certification
listing the page number and line number of | 18 |
| each signature struck from
the petition. Such | 19 |
| certification shall be filed as a part of the petition.
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| Such sheets before being filed shall be neatly fastened | 21 |
| together in
book form, by placing the sheets in a pile and | 22 |
| fastening them together
at one edge in a secure and suitable | 23 |
| manner, and the sheets shall then
be numbered consecutively. | 24 |
| The sheets shall not be fastened by pasting
them together end | 25 |
| to end, so as to form a continuous strip or roll. All
petition | 26 |
| sheets which are filed with the proper local election |
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| officials,
election authorities or the State Board of Elections | 2 |
| shall be the original
sheets which have been signed by the | 3 |
| voters and by the circulator thereof,
and not photocopies or | 4 |
| duplicates of such sheets. Each petition must include
as a part | 5 |
| thereof, a statement of candidacy for each of the candidates | 6 |
| filing,
or in whose behalf the petition is filed. Executive | 7 |
| officers and agencies shall not disclose to the public or | 8 |
| publish the home residence or telephone number of a candidate | 9 |
| for judicial office as defined by Section 7-4 of this Article, | 10 |
| as listed in the candidate's statement of candidacy or | 11 |
| nominating petitions, except upon receipt of a written request | 12 |
| to examine or copy the candidate's nominating papers filed with | 13 |
| the State Board of Elections. The State Board of Elections | 14 |
| shall promptly send to the candidate a copy of each written | 15 |
| request to examine or copy the candidate's nominating papers. | 16 |
| This statement shall set out the
address of such candidate, the | 17 |
| office for which he is a candidate, shall state
that the | 18 |
| candidate is a qualified primary voter of the party to which | 19 |
| the
petition relates and is qualified for the office specified | 20 |
| (in the case of a
candidate for State's Attorney it shall state | 21 |
| that the candidate is at the time
of filing such statement a | 22 |
| licensed attorney-at-law of this State), shall state
that he | 23 |
| has filed (or will file before the close of the petition filing | 24 |
| period)
a statement of economic interests as required by the | 25 |
| Illinois Governmental
Ethics Act, shall request that the | 26 |
| candidate's name be placed upon the official
ballot, and shall |
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| be subscribed and sworn to by such candidate before some
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| officer authorized to take acknowledgment of deeds in the State | 3 |
| and shall be in
substantially the following form:
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| Statement of Candidacy
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5 | | Name |
Address |
Office |
District |
Party |
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6 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
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7 | | |
Belvidere, |
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8 | | |
Illinois |
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| State of Illinois)
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| ) ss.
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| County of .......)
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| I, ...., being first duly sworn, say that I reside at .... | 13 |
| Street in the city
(or village) of ...., in the county of ...., | 14 |
| State of Illinois; that I
am a qualified voter therein and am a | 15 |
| qualified primary voter of the ....
party; that I am a | 16 |
| candidate for nomination (for election in the case of
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| committeeman and delegates and alternate delegates) to the | 18 |
| office of ....
to be voted upon at the primary election to be | 19 |
| held on (insert date); that I am
legally qualified (including
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| being the holder of any license that may be an eligibility | 21 |
| requirement
for the office I seek the nomination for) to hold | 22 |
| such office and that I
have filed (or I will file before the | 23 |
| close of the petition filing period)
a statement of economic | 24 |
| interests as required by the Illinois
Governmental Ethics Act | 25 |
| and I hereby request that my name be printed
upon the official |
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| primary ballot for nomination for (or election to in
the case | 2 |
| of committeemen and delegates and alternate delegates) such
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| office.
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| Signed ......................
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| Subscribed and sworn to (or affirmed) before me by ...., | 6 |
| who is to me
personally known, on (insert date).
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| Signed ....................
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| (Official Character)
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| (Seal, if officer has one.)
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| The petitions, when filed, shall not be withdrawn or added | 11 |
| to, and no
signatures shall be revoked except by revocation | 12 |
| filed in writing with
the State Board of Elections, election | 13 |
| authority or local election
official with whom the petition is | 14 |
| required to be filed, and before the
filing of such petition. | 15 |
| Whoever forges the name of a signer upon any
petition required | 16 |
| by this Article is deemed guilty of a forgery and on
conviction | 17 |
| thereof shall be punished accordingly.
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| A candidate for the offices listed in this Section must | 19 |
| obtain the number
of signatures specified in this Section on | 20 |
| his or her petition for nomination.
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| (a) Statewide office or delegate to a national nominating | 22 |
| convention. If a
candidate seeks to run for statewide office or | 23 |
| as a delegate or alternate
delegate to a national nominating | 24 |
| convention elected from the State at-large,
then the | 25 |
| candidate's petition for nomination must contain at least 5,000 |
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| but
not more than 10,000 signatures.
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| (b) Congressional office or congressional delegate to a | 3 |
| national nominating
convention. If a candidate seeks to run for | 4 |
| United States Congress or as a
congressional delegate or | 5 |
| alternate congressional delegate to a national
nominating | 6 |
| convention elected from a congressional district, then the
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| candidate's petition for nomination must contain at least the | 8 |
| number of
signatures equal to 0.5% of the qualified primary | 9 |
| electors of his or her party
in his or her congressional | 10 |
| district. In the first primary election following a
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| redistricting of congressional districts, a candidate's | 12 |
| petition for nomination
must contain at least 600 signatures of | 13 |
| qualified primary electors of the
candidate's political party | 14 |
| in his or her congressional district.
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| (c) County office. If a candidate seeks to run for any | 16 |
| countywide office,
including but not limited to county board | 17 |
| chairperson or county board
member, elected on an at-large | 18 |
| basis, in a county other than Cook County,
then the candidate's | 19 |
| petition for nomination must contain at least the number
of | 20 |
| signatures equal to 0.5% of the qualified electors of his or | 21 |
| her party who
cast votes at the last preceding general election | 22 |
| in his or her county. If a
candidate
seeks to run for county | 23 |
| board member elected from a county board district, then
the | 24 |
| candidate's petition for nomination must contain at least the | 25 |
| number of
signatures equal to 0.5% of the qualified primary | 26 |
| electors of his or her party
in the
county board district. In |
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| the first primary election following a redistricting
of county | 2 |
| board districts or the initial establishment of county board
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| districts, a candidate's petition for nomination must contain | 4 |
| at least the
number of signatures equal to 0.5% of the | 5 |
| qualified electors of his or her
party
in the entire county who | 6 |
| cast votes at the last preceding general election
divided by | 7 |
| the
total number of county board districts comprising the | 8 |
| county board; provided
that
in no event shall the number of | 9 |
| signatures be less than 25.
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| (d) County office; Cook County only.
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| (1) If a candidate seeks to run for countywide office | 12 |
| in Cook County,
then the candidate's petition for | 13 |
| nomination must contain at least the number
of signatures | 14 |
| equal to 0.5% of the qualified electors of his or her party | 15 |
| who
cast votes at the last preceding general election in | 16 |
| Cook County.
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| (2) If a candidate seeks to run for Cook County Board | 18 |
| Commissioner,
then the candidate's petition for nomination | 19 |
| must contain at least the number
of signatures equal to | 20 |
| 0.5% of
the qualified primary electors of his or her party | 21 |
| in his or her county board
district. In the first primary | 22 |
| election following a redistricting of Cook
County Board of | 23 |
| Commissioners districts, a candidate's petition for
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| nomination must contain at least the number of signatures | 25 |
| equal to 0.5% of
the qualified electors of his or her party | 26 |
| in the entire county who cast votes
at the last
preceding |
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| general election divided by the total number of county | 2 |
| board
districts comprising the county board; provided that | 3 |
| in no event shall the
number of signatures be less than 25.
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| (3) If a candidate seeks to run for Cook County Board | 5 |
| of Review
Commissioner, which is elected from a district | 6 |
| pursuant to subsection (c)
of Section 5-5 of the Property | 7 |
| Tax Code, then the candidate's petition for
nomination must | 8 |
| contain at least the number of signatures equal to 0.5% of
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| the total number of registered voters in his or her board | 10 |
| of
review district in the last general election at which a | 11 |
| commissioner was
regularly scheduled to be elected from | 12 |
| that board of review district. In no
event shall the number | 13 |
| of signatures required be greater than the requisite
number | 14 |
| for a candidate who seeks countywide office in Cook County
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| under subsection (d)(1) of this Section. In the first | 16 |
| primary election
following a redistricting of Cook County | 17 |
| Board of Review districts, a
candidate's petition for | 18 |
| nomination must contain at least 4,000 signatures
or at | 19 |
| least the number of signatures required for a countywide | 20 |
| candidate in
Cook County, whichever is less,
of the | 21 |
| qualified electors of his or her party in the district.
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| (e) Municipal or township office. If a candidate seeks to | 23 |
| run for municipal
or township office, then the candidate's | 24 |
| petition for nomination must contain
at least the number of | 25 |
| signatures equal to 0.5% of the qualified primary
electors of | 26 |
| his or her party in the municipality or township. If a |
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| candidate
seeks to run for alderman of a municipality, then the | 2 |
| candidate's petition for
nomination must contain at least the | 3 |
| number of signatures equal to 0.5% of the
qualified primary | 4 |
| electors of his or her party of the ward. In the first
primary | 5 |
| election following redistricting of aldermanic wards or | 6 |
| trustee
districts of a municipality or the initial | 7 |
| establishment of wards or districts,
a candidate's petition for | 8 |
| nomination must contain the number of signatures
equal to at | 9 |
| least 0.5% of the total number of votes cast for the candidate | 10 |
| of
that political party who received the highest number of | 11 |
| votes in the entire
municipality at the last regular election | 12 |
| at which an officer was regularly
scheduled to be elected from
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| the entire municipality, divided by the number of wards or | 14 |
| districts. In no
event shall the number of signatures be less | 15 |
| than 25.
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| (f) State central committeeperson. If a candidate seeks to | 17 |
| run for State
central committeeperson, then the candidate's | 18 |
| petition for nomination must
contain at least 100 signatures of | 19 |
| the primary electors of his or her party of
his or
her | 20 |
| congressional district.
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| (g) Sanitary district trustee. If a candidate seeks to run | 22 |
| for trustee of a
sanitary district in which trustees are not | 23 |
| elected from wards, then the
candidate's petition for | 24 |
| nomination must contain at least the number of
signatures equal | 25 |
| to 0.5% of the primary electors of his or her party from the
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| sanitary district. If a candidate seeks to run for trustee
of a |
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| sanitary district in which trustees are elected from wards, | 2 |
| then the
candidate's petition for
nomination must contain at | 3 |
| least the number of signatures equal to 0.5% of the
primary | 4 |
| electors of his or her party in the ward of that sanitary | 5 |
| district. In
the
first primary election following | 6 |
| redistricting of sanitary districts elected
from wards, a | 7 |
| candidate's petition for nomination must contain at least the
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| signatures of 150 qualified primary electors of his or her ward | 9 |
| of that
sanitary district.
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| (h) Judicial office. If a candidate seeks to run for | 11 |
| judicial office in a district, then the candidate's petition | 12 |
| for nomination must contain the number of signatures equal to | 13 |
| 0.4% of the number of votes cast in that district for the | 14 |
| candidate for his or her political party for the office of | 15 |
| Governor at the last general election at which a Governor was | 16 |
| elected, but in no event less than 500 signatures. If a | 17 |
| candidate seeks to run for judicial office in a
circuit or | 18 |
| subcircuit, then the candidate's petition for nomination
must | 19 |
| contain the number of signatures equal to 0.25% of the number | 20 |
| of votes
cast for the judicial candidate of his or her | 21 |
| political party who received the
highest number of votes
at the | 22 |
| last general election at which a judicial
officer from the same | 23 |
| circuit or subcircuit was regularly scheduled
to be elected, | 24 |
| but in no event less than 500 signatures.
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| (i) Precinct, ward, and township committeeperson. If a | 26 |
| candidate seeks to
run for precinct committeeperson, then the |
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| candidate's petition for nomination
must contain at least 10 | 2 |
| signatures of the primary electors of his or her
party for the | 3 |
| precinct. If a candidate seeks to run for ward committeeperson,
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| then the candidate's petition for nomination must contain no | 5 |
| less than the
number of signatures equal to 10% of the primary | 6 |
| electors of his or her party
of the ward, but no more than 16% | 7 |
| of those same electors; provided that the
maximum number of | 8 |
| signatures may be 50 more than the minimum number, whichever
is | 9 |
| greater. If a candidate seeks to run for township | 10 |
| committeeperson, then the
candidate's petition for nomination | 11 |
| must contain no less than the number of
signatures equal to 5% | 12 |
| of the primary electors of his or her party of the
township, | 13 |
| but no more than 8% of those same electors;
provided that the | 14 |
| maximum number of signatures may be 50 more than the
minimum | 15 |
| number, whichever is greater.
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| (j) State's attorney or regional superintendent of schools | 17 |
| for multiple
counties. If
a candidate seeks to run for State's | 18 |
| attorney or regional Superintendent of
Schools who serves more | 19 |
| than one county, then the candidate's petition for
nomination | 20 |
| must contain at least the number of signatures equal to 0.5% of | 21 |
| the
primary electors of his or her party in the territory | 22 |
| comprising the counties.
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| (k) Any other office. If a candidate seeks any other | 24 |
| office, then the
candidate's petition for nomination must | 25 |
| contain at least the number of
signatures equal to 0.5% of the | 26 |
| registered voters of the political subdivision,
district, or |
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| division for which the nomination is made or 25 signatures,
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| whichever is greater.
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| For purposes of this Section the number of primary electors | 4 |
| shall be
determined by taking the total vote cast, in the | 5 |
| applicable district, for the
candidate for that political party | 6 |
| who received the highest number of votes,
statewide, at the | 7 |
| last general election in the State at which electors for
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| President of the United States were elected. For 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 political subdivision at the last regular election at | 13 |
| which an
officer was regularly scheduled to be elected from | 14 |
| that subdivision. For wards
or districts of political | 15 |
| subdivisions, the number of primary electors shall be
| 16 |
| determined by taking the total vote cast for the candidate for | 17 |
| that political
party who received the highest number of votes | 18 |
| in the ward or district at the
last regular election at which | 19 |
| an officer was regularly scheduled to be elected
from that ward | 20 |
| or district.
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| A "qualified primary elector" of a party may not
sign | 22 |
| petitions for or be a candidate in the primary of more than
one | 23 |
| party.
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| The changes made to this Section of this amendatory Act of | 25 |
| the 93rd General
Assembly are declarative of existing law, | 26 |
| except for item (3) of subsection
(d).
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| Petitions of candidates for nomination for offices herein | 2 |
| specified,
to be filed with the same officer, may contain the | 3 |
| names of 2 or more
candidates of the same political party for | 4 |
| the same or different
offices.
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| (Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07; | 6 |
| 95-916, eff. 8-26-08 .)
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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 | 9 |
| mail or
in person as follows:
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| (1) Where the nomination is to be made for a State, | 11 |
| congressional, or
judicial office, or for any office a | 12 |
| nomination for which is made for a
territorial division or | 13 |
| district which comprises more than one county or
is partly in | 14 |
| one county and partly in another county or counties, then,
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| except as otherwise provided in this Section, such petition for | 16 |
| nomination
shall be filed in the principal office of the State | 17 |
| Board of Elections not
more than 99 and not less than 92 days | 18 |
| prior to the date of the primary,
but, in the case of petitions | 19 |
| for nomination to fill a vacancy by special
election in the | 20 |
| office of representative in Congress from this State, such
| 21 |
| petition for nomination shall be filed in the principal office | 22 |
| of the State
Board of Elections not more than 57 days and not | 23 |
| 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 | 25 |
| or Circuit
Court Judge within the 3-week period preceding the |
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| 92nd day before a
general primary election, petitions for | 2 |
| nomination for the office in which
the vacancy has occurred | 3 |
| shall be filed in the principal office of the
State Board of | 4 |
| Elections not more than 78 nor less than 71 days prior to
the | 5 |
| date of the general primary election.
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| Where the nomination is to be made for delegates or | 7 |
| alternate
delegates to a national nominating convention, then | 8 |
| such petition for
nomination shall be filed in the principal | 9 |
| office of the State Board of
Elections not more than 99 and not | 10 |
| less than 92 days prior to the date of
the primary; provided, | 11 |
| however, that if the rules or policies of a national
political | 12 |
| party conflict with such requirements for filing petitions for
| 13 |
| nomination for delegates or alternate delegates to a national | 14 |
| nominating
convention, the chairman of the State central | 15 |
| committee of such national
political party shall notify the | 16 |
| Board in writing, citing by reference the
rules or policies of | 17 |
| the national political party in conflict, and in such
case the | 18 |
| Board shall direct such petitions to be filed not more than 69 | 19 |
| and
not less than 62 days prior to the date of the primary.
| 20 |
| (2) Where the nomination is to be made for a county office | 21 |
| or trustee
of a sanitary district then such petition shall be | 22 |
| filed in the office
of the county clerk not more than 99 nor | 23 |
| less than 92 days prior to the
date of the primary.
| 24 |
| (3) Where the nomination is to be made for a municipal or | 25 |
| township
office, such petitions for nomination shall be filed | 26 |
| in the office of
the local election official, not more than 78 |
|
|
|
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| 1 |
| nor less than 71 days
prior to the date of the primary; | 2 |
| provided, where a municipality's or
township's boundaries are | 3 |
| coextensive with or are entirely within the
jurisdiction of a | 4 |
| municipal board of election commissioners, the petitions
shall | 5 |
| be filed in the office of such board; and provided, that | 6 |
| petitions
for the office of multi-township assessor shall be | 7 |
| filed with the election
authority.
| 8 |
| (4) The petitions of candidates for State central | 9 |
| committeeman shall
be filed in the principal office of the | 10 |
| State Board of Elections not
more than 99 nor less than 92 days | 11 |
| prior to the date of the primary.
| 12 |
| (5) Petitions of candidates for precinct, township or ward
| 13 |
| committeemen shall be filed in the office of the county clerk | 14 |
| not more
than 99 nor less than 92 days prior to the date of the | 15 |
| primary.
| 16 |
| (6) The State Board of Elections and the various election | 17 |
| authorities
and local election officials with whom such | 18 |
| petitions for nominations
are filed shall specify the place | 19 |
| where filings shall be made and upon
receipt shall endorse | 20 |
| thereon the day and hour on which each petition
was filed. All | 21 |
| petitions filed by persons waiting in line as of 8:00
a.m. on | 22 |
| the first day for filing, or as of the normal opening hour of
| 23 |
| the office involved on such day, shall be deemed filed as of | 24 |
| 8:00 a.m.
or the normal opening hour, as the case may be. | 25 |
| Petitions filed by mail
and received after midnight of the | 26 |
| first day for filing and in the first
mail delivery or pickup |
|
|
|
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| 1 |
| of that day shall be deemed as filed as of 8:00
a.m. of that day | 2 |
| or as of the normal opening hour of such day, as the
case may | 3 |
| be. All petitions received thereafter shall be deemed as filed
| 4 |
| in the order of actual receipt. Where 2 or more petitions are | 5 |
| received
simultaneously, the State Board of Elections or the | 6 |
| various election
authorities or local election officials with | 7 |
| whom such petitions are
filed shall break ties and determine | 8 |
| the order of filing, by means of a
lottery or other fair and | 9 |
| impartial method of random selection approved
by the State | 10 |
| Board of Elections. Such lottery shall be conducted within
9 | 11 |
| days following the last day for petition filing and shall be | 12 |
| open to the
public. Seven days written notice of the time and | 13 |
| place of conducting such
random selection shall be given by the | 14 |
| State Board of Elections to the
chairman of the State central | 15 |
| committee of each established political
party, and by each | 16 |
| election authority or local election official, to the
County | 17 |
| Chairman of each established political party, and to each
| 18 |
| organization of citizens within the election jurisdiction | 19 |
| which was
entitled, under this Article, at the next preceding | 20 |
| election, to have
pollwatchers present on the day of election. | 21 |
| The State Board of Elections,
election authority or local | 22 |
| election official shall post in a conspicuous,
open and public | 23 |
| place, at the entrance of the office, notice of the time
and | 24 |
| place of such lottery. The State Board of Elections shall adopt | 25 |
| rules
and regulations governing the procedures for the conduct | 26 |
| of such lottery.
All candidates shall be certified in the order |
|
|
|
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|
| 1 |
| in which their petitions
have been filed. Where candidates have | 2 |
| filed simultaneously, they shall be
certified in the order | 3 |
| determined by lot and prior to candidates who filed
for the | 4 |
| same office at a later time.
| 5 |
| (7) The State Board of Elections or the appropriate | 6 |
| election
authority or local election official with whom such a | 7 |
| petition for
nomination is filed shall notify the person for | 8 |
| whom a petition for
nomination has been filed of the obligation | 9 |
| to file statements of
organization, reports of campaign | 10 |
| contributions, and annual reports of
campaign contributions | 11 |
| and expenditures under Article 9 of this Act.
Such notice shall | 12 |
| be given in the manner prescribed by paragraph (7) of
Section | 13 |
| 9-16 of this Code.
| 14 |
| (8) Nomination papers filed under this Section are not | 15 |
| valid if the
candidate named therein fails to file a statement | 16 |
| of economic interests
as required by the Illinois Governmental | 17 |
| Ethics Act in relation to his
candidacy with the appropriate | 18 |
| officer by the end of the period for the
filing of nomination | 19 |
| papers unless he has filed a statement of economic
interests in | 20 |
| relation to the same governmental unit with that officer
within | 21 |
| a year preceding the date on which such nomination papers were
| 22 |
| filed. If the nomination papers of any candidate and the | 23 |
| statement of
economic interest of that candidate are not | 24 |
| required to be filed with
the same officer, the candidate must | 25 |
| file with the officer with whom the
nomination papers are filed | 26 |
| a receipt from the officer with whom the
statement of economic |
|
|
|
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LRB096 10835 RCE 21061 b |
|
| 1 |
| interests is filed showing the date on which such
statement was | 2 |
| filed. Such receipt shall be so filed not later than the
last | 3 |
| day on which nomination papers may be filed.
| 4 |
| (9) Any person for whom a petition for nomination, or for | 5 |
| committeeman or
for delegate or alternate delegate to a | 6 |
| national nominating convention has
been filed may cause his | 7 |
| name to be withdrawn by request in writing, signed
by him and | 8 |
| duly acknowledged before an officer qualified to take
| 9 |
| acknowledgments of deeds, and filed in the principal or | 10 |
| permanent branch
office of the State Board of Elections or with | 11 |
| the appropriate election
authority or local election official, | 12 |
| not later than the date of
certification of candidates for the | 13 |
| consolidated primary or general primary
ballot. No names so | 14 |
| withdrawn shall be certified or printed on the
primary ballot. | 15 |
| If petitions for nomination have been filed for the
same person | 16 |
| with respect to more than one political party, his name
shall | 17 |
| not be certified nor printed on the primary ballot of any | 18 |
| party.
If petitions for nomination have been filed for the same | 19 |
| person for 2 or
more offices which are incompatible so that the | 20 |
| same person could not
serve in more than one of such offices if | 21 |
| elected, that person must
withdraw as a candidate for all but | 22 |
| one of such offices within the
5 business days following the | 23 |
| last day for petition filing. If he fails to
withdraw as a | 24 |
| candidate for all but one of such offices within such time
his | 25 |
| name shall not be certified, nor printed on the primary ballot, | 26 |
| for any
office. For the purpose of the foregoing provisions, an |
|
|
|
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LRB096 10835 RCE 21061 b |
|
| 1 |
| office in a
political party is not incompatible with any other | 2 |
| office.
| 3 |
| (10) (a) Notwithstanding the provisions of any other | 4 |
| statute, no primary
shall be held for an established | 5 |
| political party in any township,
municipality, or ward | 6 |
| thereof, where the nomination of such
party for every | 7 |
| office to be voted upon by the electors of such
township, | 8 |
| municipality, or ward thereof, is uncontested. Whenever a
| 9 |
| political party's nomination of candidates is uncontested | 10 |
| as to one or
more, but not all, of the offices to be voted | 11 |
| upon by the electors of a
township, municipality, or ward | 12 |
| thereof, then a primary shall
be held for that party in | 13 |
| such township, municipality, or ward thereof;
provided | 14 |
| that the primary ballot shall not include those offices
| 15 |
| within such township, municipality, or ward thereof, for | 16 |
| which the
nomination is uncontested. For purposes of this | 17 |
| Article, the nomination
of an established political party | 18 |
| of a candidate for election to an office
shall be deemed to | 19 |
| be uncontested where not more than the number of persons
to | 20 |
| be nominated have timely filed valid nomination papers | 21 |
| seeking the
nomination of such party for election to such | 22 |
| office.
| 23 |
| (b) Notwithstanding the provisions of any other | 24 |
| statute, no primary
election shall be held for an | 25 |
| established political party for any special
primary | 26 |
| election called for the purpose of filling a vacancy in the |
|
|
|
SB1582 Engrossed |
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LRB096 10835 RCE 21061 b |
|
| 1 |
| office
of representative in the United States Congress | 2 |
| where the nomination of
such political party for said | 3 |
| office is uncontested. For the purposes of
this Article, | 4 |
| the nomination of an established political party of a
| 5 |
| candidate for election to said office shall be deemed to be | 6 |
| uncontested
where not more than the number of persons to be | 7 |
| nominated have timely filed
valid nomination papers | 8 |
| seeking the nomination of such established party
for | 9 |
| election to said office. This subsection (b) shall not | 10 |
| apply if such
primary election is conducted on a regularly | 11 |
| scheduled election day.
| 12 |
| (c) Notwithstanding the provisions in subparagraph (a) | 13 |
| and (b) of this
paragraph (10), whenever a person who has | 14 |
| not timely filed valid nomination
papers and who intends to | 15 |
| become a write-in candidate for a political
party's | 16 |
| nomination for any office for which the nomination is | 17 |
| uncontested
files a written statement or notice of that | 18 |
| intent with the State Board of
Elections or the local | 19 |
| election official with whom nomination papers for
such | 20 |
| office are filed, a primary ballot shall be prepared and a | 21 |
| primary
shall be held for that office. Such statement or | 22 |
| notice shall be filed on
or before the date established in | 23 |
| this Article for certifying candidates
for the primary | 24 |
| ballot. Such statement or notice shall contain (i) the
name | 25 |
| and address of the person intending to become a write-in | 26 |
| candidate,
(ii) a statement that the person is a qualified |
|
|
|
SB1582 Engrossed |
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LRB096 10835 RCE 21061 b |
|
| 1 |
| primary elector of the
political party from whom the | 2 |
| nomination is sought, (iii) a statement that
the person | 3 |
| intends to become a write-in candidate for the party's
| 4 |
| nomination, and (iv) the office the person is seeking as a | 5 |
| write-in
candidate. An election authority shall have no | 6 |
| duty to conduct a primary
and prepare a primary ballot for | 7 |
| any office for which the nomination is
uncontested unless a | 8 |
| statement or notice meeting the requirements of this
| 9 |
| Section is filed in a timely manner.
| 10 |
| (11) If multiple sets of nomination papers are filed for a | 11 |
| candidate to
the same office, the State Board of Elections, | 12 |
| appropriate election
authority or local election official | 13 |
| where the petitions are filed shall
within 2 business days | 14 |
| notify the candidate of his or her multiple petition
filings | 15 |
| and that the candidate has 3 business days after receipt of the
| 16 |
| notice to notify the State Board of Elections, appropriate | 17 |
| election
authority or local election official that he or she | 18 |
| may cancel prior sets
of petitions. If the candidate notifies | 19 |
| the State Board of Elections,
appropriate election authority or | 20 |
| local election official, the last set of
petitions filed shall | 21 |
| be the only petitions to be considered valid by the
State Board | 22 |
| of Elections, election authority or local election official. If
| 23 |
| the candidate fails to notify the State Board of Elections, | 24 |
| election authority
or local
election official then only the | 25 |
| first set of petitions filed shall be valid
and all subsequent | 26 |
| petitions shall be void.
|
|
|
|
SB1582 Engrossed |
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LRB096 10835 RCE 21061 b |
|
| 1 |
| (12) All nominating petitions shall be available for public | 2 |
| inspection
and shall be preserved for a period of not less than | 3 |
| 6 months. No listing of candidates may include the residence | 4 |
| address of a candidate for judicial office. Following the date | 5 |
| of the primary election for which the petition was filed, the | 6 |
| State Board of Elections shall remove the address of a judicial | 7 |
| candidate from any original petition before its inspection and | 8 |
| from any copy of the petition before its receipt by the | 9 |
| individual who ordered the copy.
| 10 |
| (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; | 11 |
| 87-1052.)
| 12 |
| (10 ILCS 5/7A-1) (from Ch. 46, par. 7A-1)
| 13 |
| Sec. 7A-1.
Any Supreme, Appellate or Circuit Judge who has | 14 |
| been elected
to that office and who seeks to be retained in | 15 |
| that office under subsection
(d) of Section 12 of Article VI of | 16 |
| the Constitution shall file a declaration
of candidacy to | 17 |
| succeed himself in the office of the Secretary of State
on or | 18 |
| before the first Monday in December before the general election | 19 |
| preceding
the expiration of his term of office. Within 3 | 20 |
| business days thereafter,
the Secretary of State shall certify | 21 |
| to the State Board of Elections the
names of all incumbent | 22 |
| judges who were eligible to stand for retention at
the next | 23 |
| general election but failed to timely file a declaration of
| 24 |
| candidacy to succeed themselves in office or, having timely | 25 |
| filed such a
declaration, withdrew it. Executive officers and |
|
|
|
SB1582 Engrossed |
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LRB096 10835 RCE 21061 b |
|
| 1 |
| agencies shall not disclose to the public or publish the home | 2 |
| residence or telephone number of an incumbent judge, as listed | 3 |
| in the judge's declaration of candidacy, except upon receipt of | 4 |
| a written request to examine or copy the judge's declaration of | 5 |
| candidacy. The State Board of Elections shall promptly send to | 6 |
| the incumbent judge a copy of each written request to examine | 7 |
| or copy the judge's declaration of candidacy. The State Board | 8 |
| of Elections may rely upon the
certification from the Secretary | 9 |
| of State (a) to determine when vacancies
in judicial office | 10 |
| exist and (b) to determine the judicial positions for
which | 11 |
| elections will be held. The Secretary of State, not less
than | 12 |
| 63 days before the election, shall certify the Judge's | 13 |
| candidacy to
the proper election officials. The names of Judges | 14 |
| seeking retention shall
be submitted to the electors, | 15 |
| separately and without party designation,
on the sole question | 16 |
| whether each Judge shall be retained in office for
another | 17 |
| term. The retention elections shall be conducted at general | 18 |
| elections
in the appropriate Judicial District, for Supreme and | 19 |
| Appellate Judges,
and in the circuit for Circuit Judges. The | 20 |
| affirmative vote of three-fifths
of the electors voting on the | 21 |
| question shall elect the Judge to the office
for a term | 22 |
| commencing on the first Monday in December following his | 23 |
| election.
| 24 |
| No listing of candidates may include the residence address | 25 |
| of a candidate for judicial office. Following the date of the | 26 |
| general election for which the declaration of candidacy was |
|
|
|
SB1582 Engrossed |
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LRB096 10835 RCE 21061 b |
|
| 1 |
| filed, the State Board of Elections or Secretary of State shall | 2 |
| remove the address of a judicial candidate from any original | 3 |
| declaration before its inspection and from any copy of the | 4 |
| declaration before its receipt by the individual who ordered | 5 |
| the copy. | 6 |
| (Source: P.A. 86-1348 .)
| 7 |
| (10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
| 8 |
| Sec. 10-7.
Any person whose name has been presented as a | 9 |
| candidate
may cause his name to be withdrawn from any such | 10 |
| nomination by his
request in writing, signed by him and duly | 11 |
| acknowledged before an
officer qualified to take | 12 |
| acknowledgment of deeds, and presented to the
principal office | 13 |
| or permanent branch office of the Board, the election
| 14 |
| authority, or the local election official, as the case may be, | 15 |
| not later
than the date for certification of candidates for the | 16 |
| ballot. No name so
withdrawn shall be printed upon the ballots | 17 |
| under the party appellation or
title from which the candidate | 18 |
| has withdrawn his name. If the name of the
same person has been | 19 |
| presented as a candidate for 2 or more offices which
are | 20 |
| incompatible so that the same person could not serve in more | 21 |
| than one
of such offices if elected, that person must withdraw | 22 |
| as a candidate for
all but one of such offices within the 5 | 23 |
| business days following the last
day for petition filing. If he | 24 |
| fails to withdraw as a candidate for all
but one of such | 25 |
| offices within such time, his name shall not be certified,
nor |
|
|
|
SB1582 Engrossed |
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LRB096 10835 RCE 21061 b |
|
| 1 |
| printed on the ballot, for any office. However, nothing in this | 2 |
| section
shall be construed as precluding a judge who is seeking | 3 |
| retention in office
from also being a candidate for another | 4 |
| judicial office. Except as
otherwise herein provided, in case | 5 |
| the certificate of nomination or
petition as provided for in | 6 |
| this Article shall contain or exhibit the name
of any candidate | 7 |
| for any office upon more than one of said certificates or
| 8 |
| petitions (for the same office), then and in that case the | 9 |
| Board or
election authority or local election official, as the | 10 |
| case may be, shall
immediately notify said candidate of said | 11 |
| fact and that his name appears
unlawfully upon more than one of | 12 |
| said certificates or petitions and that
within 3 days from the | 13 |
| receipt of said notification, said candidate must
elect as to | 14 |
| which of said political party appellations or groups he desires
| 15 |
| his name to appear and remain under upon said ballot, and if | 16 |
| said candidate
refuses, fails or neglects to make such | 17 |
| election, then and in that case the
Board or election authority | 18 |
| or local election official, as the case may be,
shall permit | 19 |
| the name of said candidate to appear or be printed or placed
| 20 |
| upon said ballot only under the political party appellation or | 21 |
| group
appearing on the certificate of nomination or petition, | 22 |
| as the case may be,
first filed, and shall strike or cause to | 23 |
| be stricken the name of said
candidate from all certificates of | 24 |
| nomination and petitions
filed after the first such certificate | 25 |
| of nomination or petition.
| 26 |
| Whenever the name of a candidate for an office is withdrawn |
|
|
|
SB1582 Engrossed |
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LRB096 10835 RCE 21061 b |
|
| 1 |
| from a new
political party petition, it shall constitute a | 2 |
| vacancy in nomination for
that office which may be filled in | 3 |
| accordance with Section 10-11 of this
Article; provided, that | 4 |
| if the names of all candidates for all offices on
a new | 5 |
| political party petition are withdrawn or such petition is | 6 |
| declared
invalid by an electoral board or upon judicial review, | 7 |
| no vacancies in
nomination for those offices shall exist and | 8 |
| the filing of any notice or
resolution purporting to fill | 9 |
| vacancies in nomination shall have no legal effect.
| 10 |
| Whenever the name of an independent candidate for an office | 11 |
| is withdrawn
or an independent candidate's petition is declared | 12 |
| invalid by an electoral
board or upon judicial review, no | 13 |
| vacancy in nomination for that office
shall exist and the | 14 |
| filing of any notice or resolution purporting to fill
a vacancy | 15 |
| in nomination shall have no legal effect.
| 16 |
| All certificates of nomination and nomination papers when | 17 |
| presented or
filed shall be open, under proper regulation, to | 18 |
| public inspection, and the
State Board of Elections and the | 19 |
| several election authorities and local
election officials | 20 |
| having charge of nomination papers shall preserve the
same in | 21 |
| their respective offices not less than 6 months. No listing of | 22 |
| candidates may include the residence address of a candidate for | 23 |
| judicial office. Following the date of the primary election for | 24 |
| which the petition was filed, the State Board of Elections | 25 |
| shall remove the address of a judicial candidate from any | 26 |
| original petition before its inspection and from any copy of |
|
|
|
SB1582 Engrossed |
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LRB096 10835 RCE 21061 b |
|
| 1 |
| the petition before its receipt by the individual who ordered | 2 |
| the copy.
| 3 |
| (Source: P.A. 86-875.)
| 4 |
| Section 10. The State Comptroller Act is amended by | 5 |
| changing Section 20 as follows:
| 6 |
| (15 ILCS 405/20) (from Ch. 15, par. 220)
| 7 |
| Sec. 20. Annual report. The comptroller shall annually, as | 8 |
| soon as possible after the close
of the fiscal year but no | 9 |
| later than December 31, make out and present
to the Governor, | 10 |
| the President of the Senate, the Speaker of the House
of | 11 |
| Representatives, the Minority Leader of the Senate, and the | 12 |
| Minority
Leader of the House of Representatives a report, | 13 |
| showing the amount of
warrants drawn on the treasury, on other | 14 |
| funds held by the State
Treasurer and on any public funds held | 15 |
| by State agencies, during the
preceding fiscal year, and | 16 |
| stating, particularly, on what account they
were drawn, and if | 17 |
| drawn on the contingent fund, to whom and for what
they were | 18 |
| issued. He shall, also, at the same time, report to the
| 19 |
| Governor, the President of the Senate, the Speaker of the House | 20 |
| of
Representatives, the Minority Leader of the Senate, and the | 21 |
| Minority
Leader of the House of Representatives the amount of | 22 |
| money received into
the treasury, into other funds held by the | 23 |
| State Treasurer and into any
other funds held by State agencies | 24 |
| during the preceding fiscal year, and
stating particularly, the |
|
|
|
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|
| 1 |
| source from which the same may be derived, and
also a general | 2 |
| account of all the business of his office during the
preceding | 3 |
| fiscal year. The report shall also summarize for the previous
| 4 |
| fiscal year the information required under Section 19.
| 5 |
| Within 60 days after the expiration of each calendar year, | 6 |
| the
comptroller shall compile, from records maintained and | 7 |
| available in his
office, a list of all persons including those | 8 |
| employed in the office of
the comptroller, who have been | 9 |
| employed by the State during the past
calendar year and paid | 10 |
| from funds in the hands of the State Treasurer.
| 11 |
| The list shall be arranged according to counties and shall | 12 |
| state in
alphabetical order the name of each employee, the | 13 |
| address in the county
in which he votes, except as specified | 14 |
| below, the position and the
total salary paid to him during
the | 15 |
| past calendar year. For judges stated in Article VI of the | 16 |
| Constitution and persons employed by the Department of
| 17 |
| Corrections, Department of Children and Family Services and the | 18 |
| Department
of State Police no address shall be listed. The list | 19 |
| so compiled and
arranged shall be kept
on file in the office of | 20 |
| the comptroller and be open to inspection by
the public at all | 21 |
| times.
| 22 |
| No person who utilizes the names obtained from this list | 23 |
| for solicitation
shall represent that such solicitation is | 24 |
| authorized by any officer or agency
of the State of Illinois. | 25 |
| Violation of this provision is a Business Offense
punishable by | 26 |
| a fine not to exceed $3,000.
|
|
|
|
SB1582 Engrossed |
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LRB096 10835 RCE 21061 b |
|
| 1 |
| (Source: P.A. 86-1003.)
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
|
|