Full Text of SB1614 96th General Assembly
SB1614 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1614
Introduced 2/19/2009, by Sen. M. Maggie Crotty SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-12 |
from Ch. 46, par. 7-12 |
10 ILCS 5/7-13 |
from Ch. 46, par. 7-13 |
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Amends the Election Code. Provides that nominating and objector petitions may be filed until 5:00 p.m. on the last day for filing those petitions.
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A BILL FOR
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SB1614 |
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LRB096 11044 JAM 21359 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 7-12 and 7-13 as follows:
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| (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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| Sec. 7-12.
All petitions for nomination shall be filed by | 8 |
| mail or
in person as follows:
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| (1) Where the nomination is to be made for a State, | 10 |
| congressional, or
judicial office, or for any office a | 11 |
| nomination for which is made for a
territorial division or | 12 |
| district which comprises more than one county or
is partly in | 13 |
| one county and partly in another county or counties, then,
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| except as otherwise provided in this Section, such petition for | 15 |
| nomination
shall be filed in the principal office of the State | 16 |
| Board of Elections not
more than 99 and not less than 92 days | 17 |
| prior to the date of the primary,
but, in the case of petitions | 18 |
| for nomination to fill a vacancy by special
election in the | 19 |
| office of representative in Congress from this State, such
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| petition for nomination shall be filed in the principal office | 21 |
| of the State
Board of Elections not more than 57 days and not | 22 |
| less than 50 days prior to
the date of the primary.
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| Where a vacancy occurs in the office of Supreme, Appellate |
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LRB096 11044 JAM 21359 b |
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| or Circuit
Court Judge within the 3-week period preceding the | 2 |
| 92nd day before a
general primary election, petitions for | 3 |
| nomination for the office in which
the vacancy has occurred | 4 |
| shall be filed in the principal office of the
State Board of | 5 |
| Elections not more than 78 nor less than 71 days prior to
the | 6 |
| date of the general primary election.
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| Where the nomination is to be made for delegates or | 8 |
| alternate
delegates to a national nominating convention, then | 9 |
| such petition for
nomination shall be filed in the principal | 10 |
| office of the State Board of
Elections not more than 99 and not | 11 |
| less than 92 days prior to the date of
the primary; provided, | 12 |
| however, that if the rules or policies of a national
political | 13 |
| party conflict with such requirements for filing petitions for
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| nomination for delegates or alternate delegates to a national | 15 |
| nominating
convention, the chairman of the State central | 16 |
| committee of such national
political party shall notify the | 17 |
| Board in writing, citing by reference the
rules or policies of | 18 |
| the national political party in conflict, and in such
case the | 19 |
| Board shall direct such petitions to be filed not more than 69 | 20 |
| and
not less than 62 days prior to the date of the primary.
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| (2) Where the nomination is to be made for a county office | 22 |
| or trustee
of a sanitary district then such petition shall be | 23 |
| filed in the office
of the county clerk not more than 99 nor | 24 |
| less than 92 days prior to the
date of the primary.
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| (3) Where the nomination is to be made for a municipal or | 26 |
| township
office, such petitions for nomination shall be filed |
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| in the office of
the local election official, not more than 78 | 2 |
| nor less than 71 days
prior to the date of the primary; | 3 |
| provided, where a municipality's or
township's boundaries are | 4 |
| coextensive with or are entirely within the
jurisdiction of a | 5 |
| municipal board of election commissioners, the petitions
shall | 6 |
| be filed in the office of such board; and provided, that | 7 |
| petitions
for the office of multi-township assessor shall be | 8 |
| filed with the election
authority.
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| (4) The petitions of candidates for State central | 10 |
| committeeman shall
be filed in the principal office of the | 11 |
| State Board of Elections not
more than 99 nor less than 92 days | 12 |
| prior to the date of the primary.
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| (5) Petitions of candidates for precinct, township or ward
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| committeemen shall be filed in the office of the county clerk | 15 |
| not more
than 99 nor less than 92 days prior to the date of the | 16 |
| primary.
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| (6) The State Board of Elections and the various election | 18 |
| authorities
and local election officials with whom such | 19 |
| petitions for nominations
are filed shall specify the place | 20 |
| where filings shall be made and upon
receipt shall endorse | 21 |
| thereon the day and hour on which each petition
was filed. All | 22 |
| petitions filed by persons waiting in line as of 8:00
a.m. on | 23 |
| the first day for filing, or as of the normal opening hour of
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| the office involved on such day, shall be deemed filed as of | 25 |
| 8:00 a.m.
or the normal opening hour, as the case may be. | 26 |
| Petitions filed by mail
and received after midnight of the |
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| first day for filing and in the first
mail delivery or pickup | 2 |
| of that day shall be deemed as filed as of 8:00
a.m. of that day | 3 |
| or as of the normal opening hour of such day, as the
case may | 4 |
| be. All petitions received thereafter shall be deemed as filed
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| in the order of actual receipt. Where 2 or more petitions are | 6 |
| received
simultaneously, the State Board of Elections or the | 7 |
| various election
authorities or local election officials with | 8 |
| whom such petitions are
filed shall break ties and determine | 9 |
| the order of filing, by means of a
lottery or other fair and | 10 |
| impartial method of random selection approved
by the State | 11 |
| Board of Elections. Such lottery shall be conducted within
9 | 12 |
| days following the last day for petition filing and shall be | 13 |
| open to the
public. Seven days written notice of the time and | 14 |
| place of conducting such
random selection shall be given by the | 15 |
| State Board of Elections to the
chairman of the State central | 16 |
| committee of each established political
party, and by each | 17 |
| election authority or local election official, to the
County | 18 |
| Chairman of each established political party, and to each
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| organization of citizens within the election jurisdiction | 20 |
| which was
entitled, under this Article, at the next preceding | 21 |
| election, to have
pollwatchers present on the day of election. | 22 |
| The State Board of Elections,
election authority or local | 23 |
| election official shall post in a conspicuous,
open and public | 24 |
| place, at the entrance of the office, notice of the time
and | 25 |
| place of such lottery. The State Board of Elections shall adopt | 26 |
| rules
and regulations governing the procedures for the conduct |
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| of such lottery.
All candidates shall be certified in the order | 2 |
| in which their petitions
have been filed. Where candidates have | 3 |
| filed simultaneously, they shall be
certified in the order | 4 |
| determined by lot and prior to candidates who filed
for the | 5 |
| same office at a later time.
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| (7) The State Board of Elections or the appropriate | 7 |
| election
authority or local election official with whom such a | 8 |
| petition for
nomination is filed shall notify the person for | 9 |
| whom a petition for
nomination has been filed of the obligation | 10 |
| to file statements of
organization, reports of campaign | 11 |
| contributions, and annual reports of
campaign contributions | 12 |
| and expenditures under Article 9 of this Act.
Such notice shall | 13 |
| be given in the manner prescribed by paragraph (7) of
Section | 14 |
| 9-16 of this Code.
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| (8) Nomination papers filed under this Section are not | 16 |
| valid if the
candidate named therein fails to file a statement | 17 |
| of economic interests
as required by the Illinois Governmental | 18 |
| Ethics Act in relation to his
candidacy with the appropriate | 19 |
| officer by the end of the period for the
filing of nomination | 20 |
| papers unless he has filed a statement of economic
interests in | 21 |
| relation to the same governmental unit with that officer
within | 22 |
| a year preceding the date on which such nomination papers were
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| filed. If the nomination papers of any candidate and the | 24 |
| statement of
economic interest of that candidate are not | 25 |
| required to be filed with
the same officer, the candidate must | 26 |
| file with the officer with whom the
nomination papers are filed |
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| a receipt from the officer with whom the
statement of economic | 2 |
| interests is filed showing the date on which such
statement was | 3 |
| filed. Such receipt shall be so filed not later than the
last | 4 |
| day on which nomination papers may be filed.
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| (9) Any person for whom a petition for nomination, or for | 6 |
| committeeman or
for delegate or alternate delegate to a | 7 |
| national nominating convention has
been filed may cause his | 8 |
| name to be withdrawn by request in writing, signed
by him and | 9 |
| duly acknowledged before an officer qualified to take
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| acknowledgments of deeds, and filed in the principal or | 11 |
| permanent branch
office of the State Board of Elections or with | 12 |
| the appropriate election
authority or local election official, | 13 |
| not later than the date of
certification of candidates for the | 14 |
| consolidated primary or general primary
ballot. No names so | 15 |
| withdrawn shall be certified or printed on the
primary ballot. | 16 |
| If petitions for nomination have been filed for the
same person | 17 |
| with respect to more than one political party, his name
shall | 18 |
| not be certified nor printed on the primary ballot of any | 19 |
| party.
If petitions for nomination have been filed for the same | 20 |
| person for 2 or
more offices which are incompatible so that the | 21 |
| same person could not
serve in more than one of such offices if | 22 |
| elected, that person must
withdraw as a candidate for all but | 23 |
| one of such offices within the
5 business days following the | 24 |
| last day for petition filing. If he fails to
withdraw as a | 25 |
| candidate for all but one of such offices within such time
his | 26 |
| name shall not be certified, nor printed on the primary ballot, |
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| for any
office. For the purpose of the foregoing provisions, an | 2 |
| office in a
political party is not incompatible with any other | 3 |
| office.
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| (10) (a) Notwithstanding the provisions of any other | 5 |
| statute, no primary
shall be held for an established | 6 |
| political party in any township,
municipality, or ward | 7 |
| thereof, where the nomination of such
party for every | 8 |
| office to be voted upon by the electors of such
township, | 9 |
| municipality, or ward thereof, is uncontested. Whenever a
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| political party's nomination of candidates is uncontested | 11 |
| as to one or
more, but not all, of the offices to be voted | 12 |
| upon by the electors of a
township, municipality, or ward | 13 |
| thereof, then a primary shall
be held for that party in | 14 |
| such township, municipality, or ward thereof;
provided | 15 |
| that the primary ballot shall not include those offices
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| within such township, municipality, or ward thereof, for | 17 |
| which the
nomination is uncontested. For purposes of this | 18 |
| Article, the nomination
of an established political party | 19 |
| of a candidate for election to an office
shall be deemed to | 20 |
| be uncontested where not more than the number of persons
to | 21 |
| be nominated have timely filed valid nomination papers | 22 |
| seeking the
nomination of such party for election to such | 23 |
| office.
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| (b) Notwithstanding the provisions of any other | 25 |
| statute, no primary
election shall be held for an | 26 |
| established political party for any special
primary |
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| election called for the purpose of filling a vacancy in the | 2 |
| office
of representative in the United States Congress | 3 |
| where the nomination of
such political party for said | 4 |
| office is uncontested. For the purposes of
this Article, | 5 |
| the nomination of an established political party of a
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| candidate for election to said office shall be deemed to be | 7 |
| uncontested
where not more than the number of persons to be | 8 |
| nominated have timely filed
valid nomination papers | 9 |
| seeking the nomination of such established party
for | 10 |
| election to said office. This subsection (b) shall not | 11 |
| apply if such
primary election is conducted on a regularly | 12 |
| scheduled election day.
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| (c) Notwithstanding the provisions in subparagraph (a) | 14 |
| and (b) of this
paragraph (10), whenever a person who has | 15 |
| not timely filed valid nomination
papers and who intends to | 16 |
| become a write-in candidate for a political
party's | 17 |
| nomination for any office for which the nomination is | 18 |
| uncontested
files a written statement or notice of that | 19 |
| intent with the State Board of
Elections or the local | 20 |
| election official with whom nomination papers for
such | 21 |
| office are filed, a primary ballot shall be prepared and a | 22 |
| primary
shall be held for that office. Such statement or | 23 |
| notice shall be filed on
or before the date established in | 24 |
| this Article for certifying candidates
for the primary | 25 |
| ballot. Such statement or notice shall contain (i) the
name | 26 |
| and address of the person intending to become a write-in |
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| candidate,
(ii) a statement that the person is a qualified | 2 |
| primary elector of the
political party from whom the | 3 |
| nomination is sought, (iii) a statement that
the person | 4 |
| intends to become a write-in candidate for the party's
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| nomination, and (iv) the office the person is seeking as a | 6 |
| write-in
candidate. An election authority shall have no | 7 |
| duty to conduct a primary
and prepare a primary ballot for | 8 |
| any office for which the nomination is
uncontested unless a | 9 |
| statement or notice meeting the requirements of this
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| Section is filed in a timely manner.
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| (11) If multiple sets of nomination papers are filed for a | 12 |
| candidate to
the same office, the State Board of Elections, | 13 |
| appropriate election
authority or local election official | 14 |
| where the petitions are filed shall
within 2 business days | 15 |
| notify the candidate of his or her multiple petition
filings | 16 |
| and that the candidate has 3 business days after receipt of the
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| notice to notify the State Board of Elections, appropriate | 18 |
| election
authority or local election official that he or she | 19 |
| may cancel prior sets
of petitions. If the candidate notifies | 20 |
| the State Board of Elections,
appropriate election authority or | 21 |
| local election official, the last set of
petitions filed shall | 22 |
| be the only petitions to be considered valid by the
State Board | 23 |
| of Elections, election authority or local election official. If
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| the candidate fails to notify the State Board of Elections, | 25 |
| election authority
or local
election official then only the | 26 |
| first set of petitions filed shall be valid
and all subsequent |
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| petitions shall be void.
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| (11.5) Nominating petitions may be filed, and shall be | 3 |
| accepted for filing, until 5:00 p.m. on the last day for filing | 4 |
| those petitions. | 5 |
| (12) All nominating petitions shall be available for public | 6 |
| inspection
and shall be preserved for a period of not less than | 7 |
| 6 months.
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| (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; | 9 |
| 87-1052.)
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| (10 ILCS 5/7-13) (from Ch. 46, par. 7-13)
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| Sec. 7-13.
The board of election commissioners in cities of | 12 |
| 500,000 or more
population having such board, shall constitute | 13 |
| an electoral board for the
hearing and passing upon objections | 14 |
| to nomination petitions for ward
committeemen.
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| Such objections shall be filed in the office of the county | 16 |
| clerk not
less than 81 days prior to the primary. The objection | 17 |
| shall state the name
and address of the objector, who may be | 18 |
| any qualified elector in the ward,
the specific grounds of | 19 |
| objection and the relief requested of the electoral
board. Upon | 20 |
| the receipt of the objection, the county clerk shall forthwith
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| transmit such objection and the petition of the candidate to | 22 |
| the board of
election commissioners. The board of election | 23 |
| commissioners shall forthwith
notify the objector and | 24 |
| candidate objected to of the time and place for
hearing hereon. | 25 |
| After a hearing upon the validity of such objections, the
board |
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| shall, not less than 74 days prior to the date of the primary,
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| certify to the county clerk, its decision stating whether or | 3 |
| not the name
of the candidate shall be printed on the ballot | 4 |
| and the county clerk in his
or her certificate to the board of | 5 |
| election commissioners shall leave off
of the certificate the | 6 |
| name of the candidate for ward committeeman that the
election | 7 |
| commissioners order not to be printed on the ballot. However, | 8 |
| the
decision of the board of election commissioners is subject | 9 |
| to judicial
review as provided in Section 10-10.1.
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| The county electoral board composed as provided in Section | 11 |
| 10-9 shall
constitute an electoral board for the hearing and | 12 |
| passing upon objections
to nomination petitions for precinct | 13 |
| and township committeemen. Such
objections shall be filed in | 14 |
| the office of the county clerk not less than
81 days prior to | 15 |
| the primary. The objection shall state the name and
address of | 16 |
| the objector who may be any qualified elector in the precinct | 17 |
| or
in the township or part of a township that lies outside of a | 18 |
| city having a
population of 500,000 or more, the specific | 19 |
| grounds of objection and the
relief requested of the electoral | 20 |
| board. Upon the receipt of the objection
the county clerk shall | 21 |
| forthwith transmit such objection and the petition
of the | 22 |
| candidate to the chairman of the county electoral board. The
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| chairman of the county electoral board shall forthwith notify | 24 |
| the objector,
the candidate whose petition is objected to and | 25 |
| the other members of the
electoral board of the time and place | 26 |
| for hearing thereon. After hearing
upon the validity of such |
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| objections the board shall, not less than 74 days
prior to the | 2 |
| date of the primary, certify its decision to the county clerk
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| stating whether or not the name of the candidate shall be | 4 |
| printed on the
ballot, and the county clerk, in his or her | 5 |
| certificate to the board of
election commissioners, shall leave | 6 |
| off of the certificate the name of the
candidate ordered by the | 7 |
| board not to be printed on the ballot, and the
county clerk | 8 |
| shall also refrain from printing on the official primary
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| ballot, the name of any candidate whose name has been ordered | 10 |
| by the
electoral board not to be printed on the ballot. | 11 |
| However, the decision of
the board is subject to judicial | 12 |
| review as provided in Section 10-10.1.
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| In such proceedings the electoral boards have the same | 14 |
| powers as other
electoral boards under the provisions of | 15 |
| Section 10-10 of this Act and
their decisions are subject to | 16 |
| judicial review under Section 10-10.1.
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| An objector's petition may be filed, and shall be accepted | 18 |
| for filing, until 5:00 p.m. on the last day for filing such a | 19 |
| petition. | 20 |
| (Source: P.A. 84-1308.)
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