Full Text of SB2331 101st General Assembly
SB2331 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2331 Introduced 1/8/2020___________, by SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/1-3 | from Ch. 46, par. 1-3 | 10 ILCS 5/7-60 | from Ch. 46, par. 7-60 | 10 ILCS 5/7-60.1 | from Ch. 46, par. 7-60.1 | 10 ILCS 5/8-8 | from Ch. 46, par. 8-8 | 10 ILCS 5/10-5 | from Ch. 46, par. 10-5 | 10 ILCS 5/22-1 | from Ch. 46, par. 22-1 | 10 ILCS 5/22-7 | from Ch. 46, par. 22-7 | 10 ILCS 5/22-17 | from Ch. 46, par. 22-17 | 10 ILCS 5/7-10.1 rep. | |
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Amends the Election Code. Repeals provisions requiring a petition or certificate of nomination to include a statement that the filing candidate is not affiliated with a communist organization or any foreign political agency, party, organization, or government that advocates the overthrow of constitutional government by force or other means not permitted under the U.S Constitution. Makes conforming changes througout the Code. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 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 1-3, 7-60, 7-60.1, 8-8, 10-5, 22-1, 22-7, and 22-17 as | 6 | | follows:
| 7 | | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
| 8 | | Sec. 1-3. As used in this Act, unless the context otherwise | 9 | | requires:
| 10 | | 1. "Election" includes the submission of all questions of | 11 | | public
policy, propositions, and all measures submitted to | 12 | | popular vote, and
includes primary elections when so indicated | 13 | | by the context.
| 14 | | 2. "Regular election" means the general, general primary,
| 15 | | consolidated and consolidated primary elections regularly | 16 | | scheduled in Article
2A. The even numbered year municipal | 17 | | primary established in Article 2A is
a regular election only | 18 | | with respect to those municipalities in which a
primary is | 19 | | required to be held on such date.
| 20 | | 3. "Special election" means an election not regularly | 21 | | recurring at fixed
intervals, irrespective of whether it is | 22 | | held at the same time and place and by
the same election | 23 | | officers as a regular election.
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| 1 | | 4. "General election" means the biennial election at which | 2 | | members of
the General Assembly are elected. "General primary | 3 | | election", "consolidated election" and "consolidated primary | 4 | | election" mean
the respective elections or the election dates | 5 | | designated and established
in Article 2A of this Code.
| 6 | | 5. "Municipal election" means an election or primary, | 7 | | either regular
or special, in cities, villages, and | 8 | | incorporated towns; and "municipality"
means any such city, | 9 | | village or incorporated town.
| 10 | | 6. "Political or governmental subdivision" means any unit | 11 | | of local
government, or school district in which elections are | 12 | | or may be held.
"Political or governmental subdivision" also | 13 | | includes, for election purposes,
Regional Boards of School | 14 | | Trustees, and Township Boards of School Trustees.
| 15 | | 7. The word "township" and the word "town" shall apply
| 16 | | interchangeably to the type of governmental organization | 17 | | established in
accordance with the provisions of the Township | 18 | | Code. The term
"incorporated town" shall mean a municipality | 19 | | referred to as an
incorporated town in the Illinois Municipal | 20 | | Code, as now or hereafter
amended.
| 21 | | 8. "Election authority" means a county clerk or a Board of | 22 | | Election
Commissioners.
| 23 | | 9. "Election Jurisdiction" means (a) an entire county, in | 24 | | the case of
a county in which no city board of election | 25 | | commissioners is located or
which is under the jurisdiction of | 26 | | a county board of election commissioners;
(b) the territorial |
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| 1 | | jurisdiction of a city board of election commissioners;
and (c) | 2 | | the territory in a county outside of the jurisdiction of a city
| 3 | | board of election commissioners. In each instance election | 4 | | jurisdiction
shall be determined according to which election | 5 | | authority maintains the
permanent registration records of | 6 | | qualified electors.
| 7 | | 10. "Local election official" means the clerk or secretary | 8 | | of a unit
of local government or school district, as the case | 9 | | may be, the treasurer
of a township board of school trustees, | 10 | | and the regional superintendent
of schools with respect to the | 11 | | various school officer elections and school
referenda for which | 12 | | the regional superintendent is assigned election duties
by The | 13 | | School Code, as now or hereafter amended.
| 14 | | 11. "Judges of election", "primary judges" and similar | 15 | | terms, as
applied to cases where there are 2 sets of judges, | 16 | | when used in
connection with duties at an election during the | 17 | | hours the polls are
open, refer to the team of judges of | 18 | | election on duty during such hours;
and, when used with | 19 | | reference to duties after the closing of the polls,
refer to | 20 | | the team of tally judges designated to count the vote after the
| 21 | | closing of the polls and the holdover judges designated | 22 | | pursuant to
Section 13-6.2 or 14-5.2. In such case, where, | 23 | | after the closing of the
polls, any act is required to be | 24 | | performed by each of the judges of
election, it shall be | 25 | | performed by each of the tally judges and by each
of the | 26 | | holdover judges.
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| 1 | | 12. "Petition" of candidacy as used in Section Sections | 2 | | 7-10 and 7-10.1
shall consist of a statement of candidacy, | 3 | | candidate's statement
containing oath, and sheets containing | 4 | | signatures of qualified primary
electors bound together.
| 5 | | 13. "Election district" and "precinct", when used with | 6 | | reference to
a 30-day residence requirement, means the smallest | 7 | | constituent territory
in which electors vote as a unit at the | 8 | | same polling place in any
election governed by this Act.
| 9 | | 14. "District" means any area which votes as a unit for the | 10 | | election of
any officer, other than the State or a unit of | 11 | | local government or school
district, and includes, but is not | 12 | | limited to, legislative, congressional
and judicial districts, | 13 | | judicial circuits, county board districts,
municipal and | 14 | | sanitary district wards, school board districts, and | 15 | | precincts.
| 16 | | 15. "Question of public policy" or "public question"
means | 17 | | any question, proposition or measure submitted to the voters at | 18 | | an
election dealing with subject matter other than the | 19 | | nomination or election
of candidates and shall include, but is | 20 | | not limited to, any bond or tax
referendum, and questions | 21 | | relating to the Constitution.
| 22 | | 16. "Ordinance providing the form of government of a | 23 | | municipality
or county pursuant to Article VII of the | 24 | | Constitution" includes ordinances,
resolutions and petitions | 25 | | adopted by referendum which provide for the form
of government, | 26 | | the officers or the manner of selection or terms of office
of |
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| 1 | | officers of such municipality or county, pursuant to the | 2 | | provisions of
Sections 4, 6 or 7 of Article VII of the | 3 | | Constitution.
| 4 | | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, | 5 | | 6-60, and 6-66
shall include a computer tape or computer disc | 6 | | or other electronic data
processing information containing | 7 | | voter information.
| 8 | | 18. "Accessible" means accessible to persons with | 9 | | disabilities and elderly
individuals for the purpose of voting | 10 | | or registration, as determined by
rule of the State Board of | 11 | | Elections.
| 12 | | 19. "Elderly" means 65 years of age or older.
| 13 | | 20. "Person with a disability" means a person having a | 14 | | temporary or permanent physical disability.
| 15 | | 21. "Leading political party" means one of the two | 16 | | political parties
whose candidates for governor at the most | 17 | | recent three gubernatorial
elections received either the | 18 | | highest or second highest average number of
votes. The | 19 | | political party whose candidates for governor received the
| 20 | | highest average number of votes shall be known as the first | 21 | | leading
political party and the political party whose | 22 | | candidates for governor
received the second highest average | 23 | | number of votes shall be known as the
second leading political | 24 | | party.
| 25 | | 22. "Business day" means any day in which the office of an | 26 | | election
authority, local election official or the State Board |
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| 1 | | of Elections is open
to the public for a minimum of 7 hours.
| 2 | | 23. "Homeless individual" means any person who has a | 3 | | nontraditional
residence, including, but not limited to, a | 4 | | shelter, day shelter, park
bench, street corner, or space under | 5 | | a bridge.
| 6 | | 24. "Signature" means a name signed in ink or in digitized | 7 | | form. This definition does not apply to a nominating or | 8 | | candidate petition or a referendum petition. | 9 | | 25. "Intelligent mail barcode tracking system" means a | 10 | | printed trackable barcode attached to the return business reply | 11 | | envelope for mail-in ballots under Article 19 or Article 20 | 12 | | that allows an election authority to determine the date the | 13 | | envelope was mailed in absence of a postmark. | 14 | | (Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
| 15 | | (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
| 16 | | Sec. 7-60. Not less than 74 days before the date of the | 17 | | general
election, the State Board of Elections shall certify to | 18 | | the county clerks
the names of each of the candidates who have | 19 | | been nominated as shown by the
proclamation of the State Board | 20 | | of Elections as a canvassing board or who
have been nominated | 21 | | to fill a vacancy in nomination and direct the election
| 22 | | authority to place upon the official ballot for the general | 23 | | election the
names of such candidates in the same manner and in | 24 | | the same order as shown
upon the certification, except as | 25 | | otherwise provided in this Section.
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| 1 | | Not less than 68 days before the date of the general | 2 | | election, each
county clerk shall certify the names of each of | 3 | | the candidates for county
offices who have been nominated as | 4 | | shown by the proclamation of the county
election authority or | 5 | | who have been nominated to fill a vacancy in nomination
and | 6 | | declare that the names of such candidates for the respective | 7 | | offices
shall be placed upon the official ballot for the | 8 | | general election in the
same manner and in the same order as | 9 | | shown upon the certification, except
as otherwise provided by | 10 | | this Section. Each county clerk shall place a
copy of the | 11 | | certification on file in his or her office and at the same
time | 12 | | issue to the State Board of Elections a copy of such | 13 | | certification.
In addition, each county clerk in whose county | 14 | | there is a board of election
commissioners shall, not less than | 15 | | 68 days before the date of the general
election, issue to such | 16 | | board a copy of the certification that has been
filed in the | 17 | | county clerk's office, together with a copy of the
| 18 | | certification that has been issued to the clerk by the State | 19 | | Board of
Elections, with directions to the board of election | 20 | | commissioners to place
upon the official ballot for the general | 21 | | election in that election
jurisdiction the names of all | 22 | | candidates that are listed on such
certifications, in the same | 23 | | manner and in the same order as shown upon such
certifications, | 24 | | except as otherwise provided in this Section.
| 25 | | Whenever there are two or more persons nominated by the | 26 | | same political
party for multiple offices for any board, the |
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| 1 | | name of the candidate of such
party receiving the highest | 2 | | number of votes in the primary election as a
candidate for such | 3 | | office, as shown by the official election returns of the
| 4 | | primary, shall be certified first under the name of such | 5 | | offices, and the
names of the remaining candidates of such | 6 | | party for such offices shall
follow in the order of the number | 7 | | of votes received by them respectively at
the primary election | 8 | | as shown by the official election results.
| 9 | | No person who is shown by the final
proclamation to have
| 10 | | been nominated or elected at the primary as a write-in | 11 | | candidate shall have his or her
name certified unless such | 12 | | person shall have filed with the certifying
office or board | 13 | | within 10 days after the election authority's proclamation
a | 14 | | statement of candidacy pursuant to Section 7-10 , a statement | 15 | | pursuant
to Section 7-10.1, and a receipt for the filing of a | 16 | | statement of economic interests in relation to the unit of | 17 | | government to which he or she has been elected or nominated.
| 18 | | Each county clerk and board of election commissioners shall | 19 | | determine
by a fair and impartial method of random selection | 20 | | the order of placement
of established political party | 21 | | candidates for the general election ballot.
Such determination | 22 | | shall be made within 30 days following the canvass and | 23 | | proclamation
of the results of the general primary
in the | 24 | | office of the county clerk or board of election commissioners | 25 | | and
shall be open to the public. Seven days written notice of | 26 | | the time and place
of conducting such random selection shall be |
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| 1 | | given, by each such election
authority, to the County Chair of | 2 | | each established political party, and
to each organization of | 3 | | citizens within the election jurisdiction which
was entitled, | 4 | | under this Article, at the next preceding election, to have
| 5 | | pollwatchers present on the day of election. Each election | 6 | | authority shall
post in a conspicuous, open and public place, | 7 | | at the entrance of the election
authority office, notice of the | 8 | | time and place of such lottery. However,
a board of election | 9 | | commissioners may elect to place established political
party | 10 | | candidates on the general election ballot in the same order | 11 | | determined
by the county clerk of the county in which the city | 12 | | under the jurisdiction
of such board is located.
| 13 | | Each certification shall indicate, where applicable, the | 14 | | following:
| 15 | | (1) The political party affiliation of the candidates | 16 | | for the respective offices;
| 17 | | (2) If there is to be more than one candidate elected | 18 | | to an office from
the State, political subdivision or | 19 | | district;
| 20 | | (3) If the voter has the right to vote for more than | 21 | | one candidate for an office;
| 22 | | (4) The term of office, if a vacancy is to be filled | 23 | | for less than a
full term or if the offices to be filled in | 24 | | a political subdivision are for
different terms.
| 25 | | The State Board of Elections or the county clerk, as the | 26 | | case may be,
shall issue an amended certification whenever it |
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| 1 | | is discovered that the
original certification is in error.
| 2 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 3 | | (10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
| 4 | | Sec. 7-60.1. Certification of candidates - consolidated | 5 | | election.
Each local election official of a political | 6 | | subdivision in which candidates
for the respective local | 7 | | offices are nominated at the consolidated primary
shall, no | 8 | | later than 5 days following the canvass and proclamation of the
| 9 | | results of the consolidated primary, certify to each election | 10 | | authority
whose duty it is to prepare the official ballot for | 11 | | the consolidated
election in that political subdivision the | 12 | | names of each of the candidates
who have been nominated as | 13 | | shown by the proclamation of the appropriate election authority | 14 | | or who have been nominated to fill a vacancy in nomination
and | 15 | | direct the election authority to place upon the official ballot | 16 | | for the
consolidated election the names of such candidates in | 17 | | the same manner and
in the same order as shown upon the | 18 | | certification, except as otherwise
provided by this Section.
| 19 | | Whenever there are two or more persons nominated by the | 20 | | same political
party for multiple offices for any board, the | 21 | | name of the candidate of such
party receiving the highest | 22 | | number of votes in the consolidated primary
election as a | 23 | | candidate for such consolidated primary, shall be certified
| 24 | | first under the name of such office, and the names of the | 25 | | remaining
candidates of such party for such offices shall |
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| 1 | | follow in the order of the
number of votes received by them | 2 | | respectively at the consolidated primary
election as shown by | 3 | | the official election results.
| 4 | | No person who is shown by the election authority's | 5 | | proclamation to have
been nominated at the consolidated primary | 6 | | as a write-in candidate shall
have his or her name certified | 7 | | unless such person shall have filed with the
certifying office | 8 | | or board within 5 days after the election authority's
| 9 | | proclamation a statement of candidacy pursuant to Section 7-10 | 10 | | and a
statement pursuant to Section 7-10.1 .
| 11 | | Each board of election commissioners of the cities in which | 12 | | established
political party candidates for city offices are | 13 | | nominated at the
consolidated primary shall determine by a fair | 14 | | and impartial method of
random selection the order of placement | 15 | | of the established political party
candidates for the | 16 | | consolidated ballot. Such determination shall be made
within 5 | 17 | | days following the canvass and proclamation of the results of | 18 | | the
consolidated primary and shall be open to the public. Three | 19 | | days written
notice of the time and place of conducting such | 20 | | random selection shall be
given, by each such election | 21 | | authority, to the County Chair of each
established political | 22 | | party, and to each organization of citizens within
the election | 23 | | jurisdiction which was entitled, under this Article, at the
| 24 | | next preceding election, to have pollwatchers present on the | 25 | | day of
election. Each election authority shall post in a | 26 | | conspicuous, open and
public place, at the entrance of the |
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| 1 | | election authority office, notice of
the time and place of such | 2 | | lottery.
| 3 | | Each local election official of a political subdivision in | 4 | | which
established political party candidates for the | 5 | | respective local offices are
nominated by primary shall | 6 | | determine by a fair and impartial method of
random selection | 7 | | the order of placement of the established political party
| 8 | | candidates for the consolidated election ballot and, in the | 9 | | case of certain
municipalities having annual elections, on the | 10 | | general primary ballot for
election. Such determination shall | 11 | | be made prior to the canvass and
proclamation of results of the | 12 | | consolidated primary or special municipal
primary, as the case | 13 | | may be, in the office of the local election official and
shall | 14 | | be open to the public. Three days written notice of the time | 15 | | and
place of conducting such random selection shall be given, | 16 | | by each such
local election official, to the County Chair of | 17 | | each established
political party, and to each organization of | 18 | | citizens within the election
jurisdiction which was entitled, | 19 | | under this Article, at the next preceding
election, to have | 20 | | pollwatchers present on the day of election. Each local
| 21 | | election official shall post in a conspicuous, open and public | 22 | | place notice of
such lottery. Immediately thereafter, the local | 23 | | election official shall
certify the ballot placement order so | 24 | | determined to the proper election
authorities charged with the | 25 | | preparation of the consolidated election, or
general primary,
| 26 | | ballot for that political subdivision.
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| 1 | | Not less than 68 days before the date of the consolidated | 2 | | election, each
local election official of a political | 3 | | subdivision in which established
political party candidates | 4 | | for the respective local offices have been
nominated by caucus | 5 | | or have been nominated because no primary was required
to be | 6 | | held shall certify to each election authority whose duty it is | 7 | | to
prepare the official ballot for the consolidated election in | 8 | | that political
subdivision the names of each of the candidates | 9 | | whose certificates of
nomination or nomination papers have been | 10 | | filed in his or her office and
direct the election authority to | 11 | | place upon the official ballot for the
consolidated election | 12 | | the names of such candidates in the same manner and
in the same | 13 | | order as shown upon the certification. Such local election
| 14 | | official shall, prior to certification, determine by a fair and | 15 | | impartial
method of random selection the order of placement of | 16 | | the established
political party candidates for the | 17 | | consolidated election ballot. Such
determination shall be made | 18 | | in the office of the local election official
and shall be open | 19 | | to the public. Three days written notice of the time and
place | 20 | | of conducting such random selection shall be given by each such | 21 | | local
election official to the county chair of each established | 22 | | political
party, and to each organization of citizens within | 23 | | the election
jurisdiction which was entitled, under this | 24 | | Article, at the next preceding
election, to have pollwatchers | 25 | | present on the day of election. Each local
election official | 26 | | shall post in a conspicuous, open and public place, at the
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| 1 | | entrance of the office, notice of the time and place of such | 2 | | lottery. The
local election official shall certify the ballot | 3 | | placement order so
determined as part of his official | 4 | | certification of candidates to the
election authorities whose | 5 | | duty it is to prepare the official ballot for
the consolidated | 6 | | election in that political subdivision.
| 7 | | The certification shall indicate, where applicable, the | 8 | | following:
| 9 | | (1) The political party affiliation of the candidates | 10 | | for the respective offices;
| 11 | | (2) If there is to be more than one candidate elected | 12 | | or nominated to an
office from the State, political | 13 | | subdivision or district;
| 14 | | (3) If the voter has the right to vote for more than | 15 | | one candidate for an office;
| 16 | | (4) The term of office, if a vacancy is to be filled | 17 | | for less than a
full term or if the offices to be filled in | 18 | | a political subdivision or
district are for different | 19 | | terms.
| 20 | | The local election official shall issue an amended | 21 | | certification whenever
it is discovered that the original | 22 | | certification is in error.
| 23 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 24 | | (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
| 25 | | Sec. 8-8. Form of petition for nomination. The name of no |
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| 1 | | candidate for nomination shall be printed
upon the primary | 2 | | ballot unless a petition for nomination shall have been
filed | 3 | | in his behalf as provided for in this Section. Each such | 4 | | petition
shall include as a part thereof the oath required by | 5 | | Section 7-10.1 of
this Act and a statement of candidacy by the | 6 | | candidate filing or in
whose behalf the petition is filed. This | 7 | | statement shall set out the
address of such candidate, the | 8 | | office for which he is a candidate, shall
state that the | 9 | | candidate is a qualified primary voter of the party to
which | 10 | | the petition relates, is qualified for the office specified and
| 11 | | has filed a statement of economic interests as required by the | 12 | | Illinois
Governmental Ethics Act, shall request that the | 13 | | candidate's name be
placed upon the official ballot and shall | 14 | | be subscribed and sworn by
such candidate before some officer | 15 | | authorized to take acknowledgment of
deeds in this State and | 16 | | may be in substantially the following form:
| 17 | | State of Illinois)
| 18 | | ) ss.
| 19 | | County ..........)
| 20 | | I, ...., being first duly sworn, say that I reside at .... | 21 | | street in
the city (or village of) .... in the county of .... | 22 | | State of Illinois;
that I am a qualified voter therein and am a | 23 | | qualified primary voter of
.... party; that I am a candidate | 24 | | for nomination to the office of ....
to be voted upon at the | 25 | | primary election to be held on (insert date);
that I am legally | 26 | | qualified to hold such office and
that I have filed a statement |
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| 1 | | of economic interests as required by the
Illinois Governmental | 2 | | Ethics Act and I hereby request that my name be
printed upon | 3 | | the official primary ballot for nomination for such office.
| 4 | | Signed ....................
| 5 | | Subscribed and sworn to (or affirmed) before me by ...., | 6 | | who is to me
personally known, on (insert date).
| 7 | | Signed .... (Official Character)
| 8 | | (Seal if officer has one.)
| 9 | | The receipt issued by the Secretary of State indicating | 10 | | that the candidate has filed the statement of economic | 11 | | interests required by the Illinois Governmental Ethics Act must | 12 | | be filed with the petitions for nomination as provided in | 13 | | subsection (8) of Section 7-12 of this Code.
| 14 | | All petitions for nomination for the office of State | 15 | | Senator shall be signed
by at least 1,000 but not more than | 16 | | 3,000 of the qualified primary electors of
the candidate's | 17 | | party in his legislative district.
| 18 | | All petitions for nomination for the office of | 19 | | Representative in the General
Assembly shall be signed by at | 20 | | least 500 but not more than 1,500 of
the qualified primary | 21 | | electors of the candidate's party in his or her
representative | 22 | | district.
| 23 | | Opposite the signature of each qualified primary elector | 24 | | who signs a
petition for nomination for the office of State | 25 | | Representative or State
Senator such elector's residence | 26 | | address shall be written or printed. The
residence address |
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| 1 | | required to be written or printed opposite each qualified
| 2 | | primary elector's name shall include the street address or | 3 | | rural route
number of the signer, as the case may be, as well | 4 | | as the signer's county
and city, village or town.
| 5 | | For the purposes of this Section, the number of primary | 6 | | electors shall
be determined by taking the total vote cast, in | 7 | | the applicable district,
for the candidate for such political | 8 | | party who received the highest number
of votes, state-wide, at | 9 | | the last general election in the State at which
electors for | 10 | | President of the United States were elected.
| 11 | | A "qualified primary elector" of a party may not sign | 12 | | petitions for or be a
candidate in the primary of more than one | 13 | | party.
| 14 | | In the affidavit at the bottom of each sheet, the petition | 15 | | circulator,
who shall be a person 18 years of age or older who | 16 | | is a citizen of the United
States, shall state his or her | 17 | | street address or rural route
number, as the
case may be, as | 18 | | well as his or her county, city, village or
town, and state; | 19 | | and
shall certify that the signatures on that sheet of the | 20 | | petition were signed in
his or her presence; and shall certify | 21 | | that the signatures are genuine; and
shall certify
that to the | 22 | | best of his or her knowledge and belief the persons so signing | 23 | | were
at the time of signing the petition qualified primary | 24 | | voters for which the
nomination is sought.
| 25 | | In the affidavit at the bottom of each petition sheet, the | 26 | | petition
circulator shall either (1) indicate the dates on |
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| 1 | | which he or she
circulated that sheet, or (2) indicate the | 2 | | first and last dates on which
the sheet was circulated, or (3) | 3 | | certify that none of the signatures on the
sheet were signed | 4 | | more than 90 days preceding the last day for the filing
of the | 5 | | petition. No petition sheet shall be circulated more than 90 | 6 | | days
preceding the last day provided in Section 8-9 for the | 7 | | filing of such petition.
| 8 | | All petition sheets which are filed with the State Board of | 9 | | Elections shall
be the original sheets which have been signed | 10 | | by the voters and by the
circulator, and not photocopies or | 11 | | duplicates of such sheets.
| 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 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 22 | | (10 ILCS 5/10-5) (from Ch. 46, par. 10-5)
| 23 | | Sec. 10-5.
All petitions for nomination shall,
besides | 24 | | containing the names of candidates, specify as to each:
| 25 | | 1. The office or offices to which such candidate or |
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| 1 | | candidates shall
be nominated.
| 2 | | 2. The new political party, if any, represented, expressed | 3 | | in not more than 5
words. However, such party shall not bear | 4 | | the same name as, nor include
the name of any established | 5 | | political party as defined in this Article.
This prohibition | 6 | | does not preclude any established political party from
making | 7 | | nominations in those cases in which it is authorized to do so.
| 8 | | 3. The place of residence of any such candidate or | 9 | | candidates with
the street and number thereof, if any. In the | 10 | | case of electors for
President and Vice-President of the United | 11 | | States, the names of
candidates for President and | 12 | | Vice-President may be added to the party
name or appellation.
| 13 | | Such certificate of nomination or nomination papers in | 14 | | addition shall
include as a part thereof, the oath required by | 15 | | Section 7-10.1 of this
Act and must include a statement of | 16 | | candidacy for each of the candidates named
therein, except | 17 | | candidates for electors for President and Vice-President
of the | 18 | | United States. Each such statement shall set out the address of
| 19 | | such candidate, the office for which he is a candidate, shall | 20 | | state that
the candidate is qualified for the office specified | 21 | | and has filed (or will
file before the close of the petition | 22 | | filing period) a
statement of economic interests as required by | 23 | | the Illinois Governmental
Ethics Act, shall request that the | 24 | | candidate's name be placed upon the
official ballot and shall | 25 | | be subscribed and sworn to by such candidate
before some | 26 | | officer authorized to take acknowledgments of deeds in this
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| 1 | | State, and may be in substantially the following form:
| 2 | | State of Illinois)
| 3 | | ) SS.
| 4 | | County of........)
| 5 | | I,...., being first duly sworn, say that I reside at.... | 6 | | street, in
the city (or village) of.... in the county of.... | 7 | | State of Illinois;
and that I am a qualified voter therein; | 8 | | that I am a candidate for
election to the office of.... to be | 9 | | voted upon at the election to be
held on the.... day | 10 | | of....,.....; and that I am legally qualified
to hold such | 11 | | office and that I have filed (or will file before the close
of | 12 | | the petition filing period) a statement of economic
interests | 13 | | as required by the Illinois Governmental Ethics Act, and I
| 14 | | hereby request that my name be printed upon the official ballot | 15 | | for
election to such office.
| 16 | | Signed.................
| 17 | | Subscribed and sworn to (or affirmed) before me by.... who | 18 | | is to me
personally known, this.... day of....,......
| 19 | | Signed.................
| 20 | | (Official Character)
| 21 | | (Seal, if officer has one.)
| 22 | | In addition, a new political party petition shall have | 23 | | attached thereto
a certificate stating the names and addresses | 24 | | of the party officers authorized
to fill vacancies in | 25 | | nomination pursuant to Section 10-11.
| 26 | | Nomination papers filed under this Section are not valid if |
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| 1 | | the
candidate named therein fails to file a statement of | 2 | | economic interests
as required by the Illinois Governmental | 3 | | Ethics Act in relation to his
candidacy with the appropriate | 4 | | officer by the end of the period for the
filing of nomination | 5 | | papers unless he has filed a statement of economic
interests in | 6 | | relation to the same governmental unit with that officer
during | 7 | | the same calendar year as the year in which such nomination
| 8 | | papers were filed. If the nomination papers of any candidate | 9 | | and the
statement of economic interest of that candidate are | 10 | | not required to be
filed with the same officer, the candidate | 11 | | must file with the officer
with whom the nomination papers are | 12 | | filed a receipt from the officer
with whom the statement of | 13 | | economic interests is filed showing the date
on which such | 14 | | statement was filed. Such receipt shall be so filed not
later | 15 | | than the last day on which nomination papers may be filed.
| 16 | | (Source: P.A. 84-551.)
| 17 | | (10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
| 18 | | Sec. 22-1. Abstracts of votes. Within 21 days after the
| 19 | | close of the
election at which candidates for offices | 20 | | hereinafter named in this Section are
voted upon, the election | 21 | | authorities of the respective counties shall open the returns | 22 | | and make abstracts of
the votes on a separate sheet for each of | 23 | | the following:
| 24 | | A. For Governor and Lieutenant Governor;
| 25 | | B. For State officers;
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| 1 | | C. For presidential electors;
| 2 | | D. For United States Senators and Representatives to | 3 | | Congress;
| 4 | | E. For judges of the Supreme Court;
| 5 | | F. For judges of the Appellate Court;
| 6 | | G. For judges of the circuit court;
| 7 | | H. For Senators and Representatives to the General | 8 | | Assembly;
| 9 | | I. For State's Attorneys elected from 2 or more | 10 | | counties;
| 11 | | J. For amendments to the Constitution, and for other | 12 | | propositions
submitted to the electors of the entire State;
| 13 | | K. For county officers and for propositions submitted | 14 | | to the
electors of the county only;
| 15 | | L. For Regional Superintendent of Schools;
| 16 | | M. For trustees of Sanitary Districts; and
| 17 | | N. For Trustee of a Regional Board of School Trustees.
| 18 | | Each sheet shall report the returns by precinct or ward. | 19 | | Multiple originals of each of the sheets shall be prepared | 20 | | and one of
each shall be turned over to the chair of the county | 21 | | central
committee of each of the then existing established | 22 | | political parties, as
defined in Section 10-2, or his duly | 23 | | authorized representative
immediately after the completion of | 24 | | the entries on the sheets and before
the totals have been | 25 | | compiled.
| 26 | | The foregoing abstracts shall be preserved by the election |
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| 1 | | authority in its office.
| 2 | | Whenever any county clerk is unable to canvass the vote,
| 3 | | the deputy county clerk or a designee of the county clerk shall | 4 | | serve in his or her place.
| 5 | | The powers and duties of the election authority canvassing | 6 | | the votes are limited to
those specified in this Section.
| 7 | | No person who is shown by the election authority's | 8 | | proclamation to have been elected at the consolidated election | 9 | | or general election as a write-in candidate shall take office | 10 | | unless that person has first filed with the certifying office | 11 | | or board a statement of candidacy pursuant to Section 7-10 or | 12 | | Section 10-5 , a statement pursuant to Section 7-10.1, and a | 13 | | receipt for filing a statement of economic interests in | 14 | | relation to the unit of government to which he or she has been | 15 | | elected. For officers elected at the consolidated election, the | 16 | | certifying officer shall notify the election authority of the | 17 | | receipt of those documents, and the county clerk shall issue | 18 | | the certification of election under the provisions of Section | 19 | | 22-18. | 20 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 21 | | (10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
| 22 | | Sec. 22-7. Canvass of votes; declaration and proclamation | 23 | | of result. The State Board of Elections, shall proceed within | 24 | | 31 days
after the election,
and sooner if all the returns are | 25 | | received, to canvass the votes given
for United States Senators |
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| 1 | | and Representatives to Congress, State
executive officers, | 2 | | judges of the Supreme Court, judges of the Appellate
Court, | 3 | | judges of the Circuit Court, Senators, Representatives to the
| 4 | | General Assembly, State's Attorneys and Regional | 5 | | Superintendents of Schools
elected from 2 or more counties, | 6 | | respectively, and the persons
having the highest number of | 7 | | votes for the respective offices shall be
declared duly | 8 | | elected, but if it appears that more than the number of
persons | 9 | | to be elected have the highest and an equal number of votes for
| 10 | | the same office, the electoral board shall decide by lot which | 11 | | of such
persons shall be elected; and to each person duly | 12 | | elected, the Governor
shall give a certificate of election or | 13 | | commission, as the case may
require, and shall cause | 14 | | proclamation to be made of the result of the
canvass, and they | 15 | | shall at the same time and in the same manner, canvass
the vote | 16 | | cast upon amendments to the Constitution, and upon other
| 17 | | propositions submitted to the electors of the entire State; and | 18 | | the
Governor shall cause to be made such proclamation of the | 19 | | result of the
canvass as the statutes elsewhere provide. The | 20 | | State Board of Elections
shall transmit to the State | 21 | | Comptroller a list of the persons elected to
the various | 22 | | offices. The State Board of Elections shall also transmit to
| 23 | | the Supreme Court the names of persons elected to judgeships in
| 24 | | adversary elections and the names of judges who fail to win | 25 | | retention in
office.
| 26 | | No person who is shown by the canvassing board's |
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| 1 | | proclamation to have been elected at the consolidated election | 2 | | or general election as a write-in candidate shall take office | 3 | | unless that person has first filed with the certifying office | 4 | | or board a statement of candidacy pursuant to Section 7-10 or | 5 | | Section 10-5 , a statement pursuant to Section 7-10.1, and a | 6 | | receipt for filing a statement of economic interests in | 7 | | relation to the unit of government to which he or she has been | 8 | | elected. For officers elected at the consolidated election, the | 9 | | certifying officer shall notify the election authority of the | 10 | | receipt of those documents, and the county clerk shall issue | 11 | | the certification of election under the provisions of Section | 12 | | 22-18.
| 13 | | (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
| 14 | | (10 ILCS 5/22-17)
(from Ch. 46, par. 22-17)
| 15 | | Sec. 22-17. (a) Except as provided in subsection (b),
the | 16 | | canvass of votes cast at the consolidated election
shall be | 17 | | conducted by the election authority within 21 days
after the | 18 | | close of such elections.
| 19 | | (b) The board of election commissioners as provided in | 20 | | Section 22-8 shall canvass
the votes cast at the consolidated | 21 | | election for offices
of any political subdivision entirely | 22 | | within the jurisdiction of a
municipal board of election | 23 | | commissioners.
| 24 | | (c) The canvass of votes cast upon any public questions | 25 | | submitted to
the voters of any political subdivision, or any |
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| 1 | | precinct or combination of
precincts within a political | 2 | | subdivision, at any regular election or at
any emergency | 3 | | referendum election, including votes cast by voters
outside of | 4 | | the political subdivision where the question is for
annexation | 5 | | thereto, shall be canvassed by the same election
authority as | 6 | | for the canvass of votes of the officers of such political
| 7 | | subdivision. However, referenda conducted throughout a county | 8 | | and
referenda of sanitary districts whose officers are elected | 9 | | at general
elections shall be canvassed by the county clerk. | 10 | | The votes
cast on a public question for the formation of a | 11 | | political subdivision
shall be canvassed by the relevant | 12 | | election authority and filed with the circuit court that | 13 | | ordered the question
submitted.
| 14 | | (c-5) No person who is shown by the election authority's | 15 | | proclamation to have been elected at the consolidated election | 16 | | or general election as a write-in candidate shall take office | 17 | | unless that person has first filed with the certifying office | 18 | | or board a statement of candidacy pursuant to Section 7-10 or | 19 | | Section 10-5 , a statement pursuant to Section 7-10.1, and a | 20 | | receipt for filing a statement of economic interests in | 21 | | relation to the unit of government to which he or she has been | 22 | | elected. For officers elected at the consolidated election, the | 23 | | certifying officer shall notify the election authority of the | 24 | | receipt of those documents, and the county clerk shall issue | 25 | | the certification of election under the provisions of Section | 26 | | 22-18. |
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| 1 | | (d) The canvass of votes for offices of political | 2 | | subdivisions cast
at special elections to fill vacancies held | 3 | | on the day of any regular
election shall be conducted by the | 4 | | election
authority which is responsible
for canvassing the | 5 | | votes at the regularly scheduled election for such office.
| 6 | | (e) Abstracts of votes prepared pursuant to canvasses under | 7 | | this Section shall report returns by precinct or ward. | 8 | | (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; | 9 | | 95-331, eff. 8-21-07.)
| 10 | | (10 ILCS 5/7-10.1 rep.)
| 11 | | Section 10. The Election Code is amended by repealing | 12 | | Section 7-10.1.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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