Full Text of HB2398 102nd General Assembly
HB2398 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2398 Introduced 2/17/2021, by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/10-2 | from Ch. 46, par. 10-2 | 10 ILCS 5/10-3 | from Ch. 46, par. 10-3 |
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Amends the Election Code. Changes signature requirements for new political parties and independent candidates so the amounts are equal to those required for established political parties, irrespective of party affiliation.
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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 10-2 and 10-3 as follows:
| 6 | | (10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
| 7 | | Sec. 10-2.
The term "political party", as hereinafter used | 8 | | in this
Article 10, shall mean any "established political | 9 | | party", as hereinafter
defined and shall also mean any | 10 | | political group which shall hereafter
undertake to form an | 11 | | established political party in the manner provided
for in this | 12 | | Article 10: Provided, that no political organization or
group | 13 | | shall be qualified as a political party hereunder, or given a
| 14 | | place on a ballot, which organization or group is associated, | 15 | | directly
or indirectly, with Communist, Fascist, Nazi or other | 16 | | un-American
principles and engages in activities or propaganda | 17 | | designed to teach
subservience to the political principles and | 18 | | ideals of foreign nations
or the overthrow by violence of the | 19 | | established constitutional form of
government of the United | 20 | | States and the State of Illinois.
| 21 | | A political party which, at the last general election for | 22 | | State and
county officers, polled for its candidate for | 23 | | Governor more than 5% of
the entire vote cast for Governor, is |
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| 1 | | hereby declared to be an
"established political party" as to | 2 | | the State and as to any district or
political subdivision | 3 | | thereof.
| 4 | | A political party which, at the last election in any | 5 | | congressional
district, legislative district, county, | 6 | | township, municipality or other
political subdivision or | 7 | | district in the State, polled more than 5% of
the entire vote | 8 | | cast within such territorial area or political
subdivision, as | 9 | | the case may be, has voted as a unit for the election of
| 10 | | officers to serve the respective territorial area of such | 11 | | district or
political subdivision, is hereby declared to be an | 12 | | "established
political party" within the meaning of this | 13 | | Article as to such district
or political subdivision.
| 14 | | Any group of persons hereafter desiring to form a new | 15 | | political party
throughout the State, or in any congressional, | 16 | | legislative or judicial
district, or in any other district or | 17 | | in any political subdivision
(other than a municipality) not | 18 | | entirely within a single county, shall
file with the State | 19 | | Board of Elections a petition, as hereinafter
provided; and | 20 | | any such group of persons hereafter desiring to form a new
| 21 | | political party within any county shall file such petition | 22 | | with the
county clerk; and any such group of persons hereafter | 23 | | desiring to form a
new political party within any municipality | 24 | | or township or within any
district of a unit of local | 25 | | government other than a county shall file
such petition with | 26 | | the local election official or Board of Election
Commissioners |
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| 1 | | of such municipality, township or other unit of local
| 2 | | government, as the case may be. Any such petition for the | 3 | | formation of a
new political party throughout the State, or in | 4 | | any such district or
political subdivision, as the case may | 5 | | be, shall declare as concisely as
may be the intention of the | 6 | | signers thereof to form such new political
party in the State, | 7 | | or in such district or political subdivision; shall
state in | 8 | | not more than 5 words the name of such new political party;
| 9 | | shall at the time of filing contain a complete list of | 10 | | candidates of
such party for all offices to be filled in the | 11 | | State, or such district
or political subdivision as the case | 12 | | may be, at the next ensuing
election then to be held; and, if | 13 | | such new political party shall be
formed for the entire State, | 14 | | shall be signed by least 5,000 but not more than 10,000 | 15 | | qualified voters 1% of the number of voters
who voted at the | 16 | | next preceding Statewide general election or 25,000
qualified | 17 | | voters, whichever is less . If such new political party shall | 18 | | be
formed for any district
or political subdivision less than | 19 | | the entire State, such petition shall
be signed by qualified | 20 | | voters equaling in number not less than 0.5% of the qualified | 21 | | voters 5% of the
number of voters who voted at the next | 22 | | preceding regular election in
such district or political | 23 | | subdivision in which such district or
political subdivision | 24 | | voted as a unit for the election of officers to
serve its | 25 | | respective territorial area. However, whenever the minimum | 26 | | signature
requirement for a district or political subdivision |
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| 1 | | new political
party petition shall exceed the minimum number | 2 | | of signatures for State-wide
new political party petitions at | 3 | | the next preceding State-wide general
election, such | 4 | | State-wide petition signature requirement shall be the
minimum | 5 | | for such district or political subdivision new political party | 6 | | petition .
| 7 | | For the first election following a redistricting of | 8 | | congressional districts,
a petition to form a new political | 9 | | party in a congressional district shall
be signed by at least | 10 | | 5,000 qualified voters of the congressional district.
For the | 11 | | first election following a redistricting of legislative | 12 | | districts,
a petition to form a new political party in a | 13 | | legislative district shall
be signed by at least 600 3,000 | 14 | | qualified voters of the legislative district.
For the first | 15 | | election following a redistricting of representative
| 16 | | districts, a petition to form a new political party in a | 17 | | representative
district shall be signed by at least 0.5% of | 18 | | the 1,500 qualified voters of the
representative district.
| 19 | | For the first election following redistricting of county | 20 | | board districts,
or of municipal wards or districts, or for | 21 | | the first election following
the initial establishment of such | 22 | | districts or wards in a county or
municipality, a petition to | 23 | | form a new political party in a county board
district or in a | 24 | | municipal ward or district shall be signed by qualified
voters | 25 | | of the district or ward equal to not less than 0.5% of the | 26 | | qualified
voters of the district or ward 5% of the total
number |
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| 1 | | of votes cast at the preceding general or municipal election, | 2 | | as the
case may be, for the county or municipal office voted on | 3 | | throughout the
county or municipality for which the greatest | 4 | | total number of votes were
cast for all candidates, divided by | 5 | | the number of districts or wards, but
in any event not less | 6 | | than 25 qualified voters of the district or ward .
| 7 | | In the case of a petition to form a new political party | 8 | | within a political
subdivision in which officers are to be | 9 | | elected from
districts and at-large, such petition shall | 10 | | consist
of separate components for each district from which an | 11 | | officer
is to be elected. Each component shall be circulated | 12 | | only within a
district of the political subdivision and signed | 13 | | only by qualified electors
who are residents of such district. | 14 | | Each sheet of such petition must
contain a complete list of the | 15 | | names of the candidates of the party for all
offices to be | 16 | | filled in the political subdivision at large, but the sheets
| 17 | | comprising each component shall also contain the names of | 18 | | those candidates
to be elected from the particular district. | 19 | | Each component of the petition
for each district from which an | 20 | | officer is to be elected must be signed by
qualified voters of | 21 | | the district equalling in number not less than 0.5% of the | 22 | | qualified voters of that district 5% of
the number of voters | 23 | | who voted at the next preceding regular election in
such | 24 | | district at which an officer was elected to serve the | 25 | | district . The
entire petition, including all components, must | 26 | | be signed by a total of
qualified voters of the entire |
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| 1 | | political subdivision equalling in number
not less than 0.5% | 2 | | of the qualified voters of that entire political subdivision | 3 | | 5% of the number of voters who voted at the next preceding
| 4 | | regular election in such political subdivision at which an | 5 | | officer was
elected to serve the political subdivision at | 6 | | large .
| 7 | | The filing of such petition shall constitute the political | 8 | | group a
new political party, for the purpose only of placing | 9 | | upon the ballot at
such next ensuing election such list or an | 10 | | adjusted list in accordance
with Section 10-11, of party | 11 | | candidates for offices to be voted for
throughout the State, | 12 | | or for offices to be voted for in such district or
political | 13 | | subdivision less than the State, as the case may be, under the
| 14 | | name of and as the candidates of such new political party.
| 15 | | If, at such ensuing election, the new political party's | 16 | | candidate for
Governor shall receive more than 5% of the | 17 | | entire votes cast for
Governor, then such new political party | 18 | | shall become an "established
political party" as to the State | 19 | | and as to every district or political
subdivision thereof. If, | 20 | | at such ensuing election, the other candidates
of the new | 21 | | political party, or any other candidate or candidates of the
| 22 | | new political party shall receive more than 5% of all the votes | 23 | | cast for
the office or offices for which they were candidates | 24 | | at such election,
in the State, or in any district or political | 25 | | subdivision, as the case
may be, then and in that event, such | 26 | | new political party shall become an
"established political |
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| 1 | | party" within the State or within such district
or political | 2 | | subdivision less than the State, as the case may be, in
which | 3 | | such candidate or candidates received more than 5% of the | 4 | | votes
cast for the office or offices for which they were | 5 | | candidates. It shall
thereafter nominate its candidates for | 6 | | public offices to be filled in
the State, or such district or | 7 | | political subdivision, as the case may
be, under the | 8 | | provisions of the laws regulating the nomination of
candidates | 9 | | of established political parties at primary elections and
| 10 | | political party conventions, as now or hereafter in force.
| 11 | | A political party which continues to receive for its | 12 | | candidate for
Governor more than 5% of the entire vote cast for | 13 | | Governor, shall remain
an "established political party" as to | 14 | | the State and as to every
district or political subdivision | 15 | | thereof. But if the political party's
candidate for Governor | 16 | | fails to receive more than 5% of the entire vote
cast for | 17 | | Governor, or if the political party does not nominate a
| 18 | | candidate for Governor, the political party shall remain an | 19 | | "established
political party" within the State or within such | 20 | | district or political
subdivision less than the State, as the | 21 | | case may be, only so long as,
and only in those districts or | 22 | | political subdivisions in which, the
candidates of that | 23 | | political party, or any candidate or candidates of
that | 24 | | political party, continue to receive more than 5% of all the | 25 | | votes
cast for the office or offices for which they were | 26 | | candidates at
succeeding general or consolidated elections |
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| 1 | | within the State or within
any district or political | 2 | | subdivision, as the case may be.
| 3 | | Any such petition shall be filed at the same time and shall | 4 | | be
subject to the same requirements and to the same provisions | 5 | | in respect
to objections thereto and to any hearing or | 6 | | hearings upon such
objections that are hereinafter in this | 7 | | Article 10 contained in regard
to the nomination of any other | 8 | | candidate or candidates by petition. If
any such new political | 9 | | party shall become an "established political
party" in the | 10 | | manner herein provided, the candidate or candidates of
such | 11 | | new political party nominated by the petition hereinabove | 12 | | referred
to for such initial election, shall have power to | 13 | | select any such party committeeperson
or committeepersons as | 14 | | shall be necessary for the creation of a
provisional party | 15 | | organization and provisional managing committee or
committees | 16 | | for such party within the State, or in any district or
| 17 | | political subdivision in which the new political party has | 18 | | become
established; and the party committeeperson or | 19 | | committeepersons so selected
shall constitute a provisional | 20 | | party organization for the new political
party and shall have | 21 | | and exercise the powers conferred by law upon any
party | 22 | | committeeperson or committeepersons to manage and control the | 23 | | affairs of
such new political party until the next ensuing | 24 | | primary election at
which the new political party shall be | 25 | | entitled to nominate and elect
any party committeeperson or | 26 | | committeepersons in the State, or in such district
or |
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| 1 | | political subdivision under any parts of this Act relating to | 2 | | the
organization of political parties.
| 3 | | A candidate for whom a nomination paper has been filed as a | 4 | | partisan
candidate at a primary election, and who is defeated | 5 | | for his or her
nomination at the primary election, is | 6 | | ineligible for nomination as a
candidate of a new political | 7 | | party for election in that general election.
| 8 | | Notwithstanding any other provision of law, on and after | 9 | | the effective date of this amendatory Act of the 102nd General | 10 | | Assembly, signature requirements for new parties shall be the | 11 | | same as those for established political parties, irrespective | 12 | | of party affiliation. | 13 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 14 | | (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
| 15 | | Sec. 10-3. Nomination of independent candidates (not | 16 | | candidates of
any political party), for any office to be | 17 | | filled by the voters of the
State at large may also be made by | 18 | | nomination papers signed in the
aggregate for each candidate | 19 | | by at least 5,000 but not more than 10,000 qualified voters 1% | 20 | | of the number of voters who voted in
the next preceding | 21 | | Statewide general election or 25,000 qualified voters
of the | 22 | | State, whichever is less . Nominations of independent | 23 | | candidates
for public office within any district or political | 24 | | subdivision less than
the State, may be made by nomination | 25 | | papers signed in the aggregate for
each candidate by qualified |
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| 1 | | voters of such district, or political
subdivision, equaling | 2 | | not less than 0.5% of the qualified voters of that district or | 3 | | political subdivision 5%, nor more than 8% (or 50 more
than the | 4 | | minimum, whichever is greater) of the number of persons, who
| 5 | | voted at the next preceding regular election in such district | 6 | | or
political subdivision in which such district or political | 7 | | subdivision
voted as a unit for the election of officers to | 8 | | serve its respective
territorial area. However, whenever the | 9 | | minimum
signature requirement for an independent candidate | 10 | | petition for a
district or political subdivision office shall | 11 | | exceed the minimum number
of signatures for an independent | 12 | | candidate petition for an office to be
filled by the voters of | 13 | | the State at large at the next preceding
State-wide general | 14 | | election, such State-wide petition signature
requirement shall | 15 | | be the minimum for an independent candidate petition
for such | 16 | | district or political subdivision office . For the first
| 17 | | election following a redistricting of congressional districts,
| 18 | | nomination papers for an independent candidate for congressman | 19 | | shall be
signed by at least 600 5,000 qualified voters of the | 20 | | congressional district.
For the first election following a | 21 | | redistricting of legislative
districts, nomination papers for | 22 | | an independent candidate for State
Senator in the General | 23 | | Assembly shall be signed by at
least 0.5% of the 3,000 | 24 | | qualified voters of the legislative district or 25 signatures, | 25 | | whichever is greater . For the first
election following a | 26 | | redistricting of representative districts, nomination
papers |
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| 1 | | for an independent candidate for State Representative in the | 2 | | General
Assembly shall be signed by at least 0.5% of the 1,500 | 3 | | qualified voters of the
representative district. For the first | 4 | | election following redistricting of
county board districts, or | 5 | | of municipal wards or districts, or for the
first election | 6 | | following the initial establishment of such districts or
wards | 7 | | in a county or municipality, nomination papers
for an | 8 | | independent candidate for county board member, or for alderman | 9 | | or
trustee of such municipality, shall be signed by qualified | 10 | | voters of the
district or ward equal to not less than 0.5% of | 11 | | the qualified voters of that district or ward 5% nor more than | 12 | | 8% (or 50 more
than the minimum, whichever is greater) of the | 13 | | total number of votes cast
at the preceding general or general | 14 | | municipal election, as the case
may be, for the county or | 15 | | municipal office voted on throughout such county
or | 16 | | municipality for which the greatest total number of votes were | 17 | | cast for
all candidates, divided by the number of districts or | 18 | | wards, but in any
event not less than 25 qualified voters of | 19 | | the district or ward . Each voter
signing a nomination paper | 20 | | shall add to his signature his place of
residence, and each | 21 | | voter may subscribe to one nomination for such
office to be | 22 | | filled, and no more: Provided that the name of any
candidate | 23 | | whose name may appear in any other place upon the ballot shall
| 24 | | not be so added by petition for the same office.
| 25 | | The person circulating the petition, or the candidate on | 26 | | whose behalf
the petition is circulated, may strike any |
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| 1 | | signature from the petition,
provided that;
| 2 | | (1) the person striking the signature shall initial | 3 | | the petition at
the place where the signature is struck; | 4 | | and
| 5 | | (2) the person striking the signature shall sign a | 6 | | certification
listing the page number and line number of | 7 | | each signature struck from
the petition. Such | 8 | | certification shall be filed as a part of the
petition.
| 9 | | (3) the persons striking signatures from the petition | 10 | | shall each
sign an additional certificate specifying the | 11 | | number of certification
pages listing stricken signatures | 12 | | which are attached to the petition and
the page numbers | 13 | | indicated on such certifications. The certificate
shall be | 14 | | filed as a part of the petition, shall be numbered, and | 15 | | shall
be attached immediately following the last page of | 16 | | voters' signatures
and before the certifications of | 17 | | stricken signatures.
| 18 | | (4) all of the foregoing requirements shall be | 19 | | necessary to effect a
valid striking of any signature. The | 20 | | provisions of this Section
authorizing the striking of | 21 | | signatures shall not impose any criminal
liability on any | 22 | | person so authorized for signatures which may be
| 23 | | fraudulent.
| 24 | | In the case of the offices of Governor and Lieutenant | 25 | | Governor a
joint petition including one candidate for each of | 26 | | those offices must be
filed.
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| 1 | | A candidate for whom a nomination paper has been filed as a | 2 | | partisan
candidate at a primary election, and who is defeated | 3 | | for his or her
nomination at the primary election, is | 4 | | ineligible to be placed on the
ballot as an independent | 5 | | candidate for election in that general or
consolidated | 6 | | election.
| 7 | | A candidate seeking election to an office for which | 8 | | candidates of
political parties are nominated by caucus who is | 9 | | a participant in the
caucus and who is defeated for his or
her | 10 | | nomination at such caucus, is ineligible to be listed on the | 11 | | ballot at
that general or consolidated election as an | 12 | | independent candidate.
| 13 | | Notwithstanding any other provision of law, on and after | 14 | | the effective date of this amendatory Act of the 102nd General | 15 | | Assembly, signature requirements for independent candidates | 16 | | shall be the same as those for established political parties, | 17 | | irrespective of party affiliation. | 18 | | (Source: P.A. 95-699, eff. 11-9-07.)
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