Full Text of SB2477 100th General Assembly
SB2477 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2477 Introduced 1/30/2018, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/7-5 | from Ch. 46, par. 7-5 | 10 ILCS 5/7-12 | from Ch. 46, par. 7-12 | 10 ILCS 5/7-59 | from Ch. 46, par. 7-59 | 10 ILCS 5/17-16.1 | from Ch. 46, par. 17-16.1 | 10 ILCS 5/18-9.1 | from Ch. 46, par. 18-9.1 |
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Amends the Election Code. Provides that when a person who intends to be a write-in candidate for an uncontested office has not timely filed nomination papers but has filed a written statement or notice of his or her intent, no primary ballot shall be printed (rather than requiring a primary ballot to be prepared and a primary election held). Removes language concerning requirements for the written statement or notice. Removes language providing that an election authority has no duty to conduct a primary and prepare a ballot for a uncontested office, unless the written statement or notice is filed in a timely manner. Provides that where no primary is held, a person intending to become a write-in candidate shall re-file a declaration of intent to be a write-in candidate for the consolidated election with the appropriate election authority or authorities. Provides that a write-in candidate's notarized declaration of intent needs to be filed no more than 106 days before a primary or election for write-in votes for the candidate to be counted. Provides that a declaration of intent to be a write-in candidate shall include specified information, otherwise, the declaration shall not be accepted. Provides that person intending to become write-in candidates for President and Vice President or Governor and Lieutenant Governor shall file a joint declaration of intent to be a write in candidate that identifies the candidate for each office. Provides that a vote cast for either candidate shall constitute a valid write-in vote for the team of candidates.
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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 7-5, 7-12, 7-59, 17-16.1, and 18-9.1 as follows:
| 6 | | (10 ILCS 5/7-5) (from Ch. 46, par. 7-5)
| 7 | | Sec. 7-5.
(a) Primary elections shall be held on the dates | 8 | | prescribed in
Article 2A.
| 9 | | (b) Notwithstanding the provisions of any other statute, no | 10 | | primary
shall be held for an established political party in any | 11 | | township,
municipality, or ward thereof, where the nomination | 12 | | of such
party for every office to be voted upon by the electors | 13 | | of such
township, municipality, or ward thereof, is | 14 | | uncontested. Whenever a
political party's nomination of | 15 | | candidates is uncontested as to one or
more, but not all, of | 16 | | the offices to be voted upon by the electors of a
township, | 17 | | municipality, or ward thereof, then a primary shall
be held for | 18 | | that party in such township, municipality, or ward thereof;
| 19 | | provided that the primary ballot shall not include those | 20 | | offices
within such township, municipality, or ward thereof, | 21 | | for which the
nomination is uncontested. For purposes of this | 22 | | Article, the nomination of
an established political party of a | 23 | | candidate for election to an office shall
be deemed to be |
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| 1 | | uncontested where not more than the number of persons to be
| 2 | | nominated have timely filed valid nomination papers seeking the | 3 | | nomination
of such party for election to such office.
| 4 | | (c) Notwithstanding the provisions of any other statute, no | 5 | | primary
election shall be held for an established political | 6 | | party for any special
primary election called for the purpose | 7 | | of filling a vacancy in the office
of representative in the | 8 | | United States Congress where the nomination of
such political | 9 | | party for said office is uncontested. For the purposes of
this | 10 | | Article, the nomination of an established political party of a
| 11 | | candidate for election to said office shall be deemed to be | 12 | | uncontested
where not more than the number of persons to be | 13 | | nominated have timely filed
valid nomination papers seeking the | 14 | | nomination of such established party
for election to said | 15 | | office. This subsection (c) shall not apply if such
primary | 16 | | election is conducted on a regularly scheduled election day.
| 17 | | (d) Notwithstanding the provisions of any other law to the | 18 | | contrary, in subsection (b) and (c) of this
Section whenever a | 19 | | person who has not timely filed valid nomination papers
and who | 20 | | intends to become a write-in candidate for a political party's
| 21 | | nomination for any office for which the nomination is | 22 | | uncontested files a
written statement or notice of that intent | 23 | | with the State Board of
Elections or the local election | 24 | | official with whom nomination papers for
such office are filed, | 25 | | no primary ballot shall be printed. Where no primary is held, a | 26 | | person intending to become a write-in candidate at the |
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| 1 | | consolidated primary election shall re-file a declaration of | 2 | | intent to be a write-in candidate for the consolidated election | 3 | | with the appropriate election authority or authorities a | 4 | | primary ballot shall be prepared and a primary
shall be held | 5 | | for that office. Such statement or notice shall be filed on
or | 6 | | before the date established in this Article for certifying | 7 | | candidates
for the primary ballot. Such statement or notice | 8 | | shall contain (i) the
name and address of the person intending | 9 | | to become a write-in candidate,
(ii) a statement that the | 10 | | person is a qualified primary elector of the
political party | 11 | | from whom the nomination is sought, (iii) a statement that
the | 12 | | person intends to become a write-in candidate for the party's
| 13 | | nomination, and (iv) the office the person is seeking as a | 14 | | write-in
candidate. An election authority shall have no duty to | 15 | | conduct a primary
and prepare a primary ballot for any office | 16 | | for which the nomination is
uncontested, unless a statement or | 17 | | notice meeting the requirements of this
Section is filed in a | 18 | | timely manner .
| 19 | | (e) The polls shall be open from 6:00 a.m. to 7:00 p.m.
| 20 | | (Source: P.A. 86-873.)
| 21 | | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| 22 | | Sec. 7-12. All petitions for nomination shall be filed by | 23 | | mail or
in person as follows: | 24 | | (1) Where the nomination is to be made for a State, | 25 | | congressional, or
judicial office, or for any office a |
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| 1 | | nomination for which is made for a
territorial division or | 2 | | district which comprises more than one county or
is partly | 3 | | in one county and partly in another county or counties, | 4 | | then,
except as otherwise provided in this Section, such | 5 | | petition for nomination
shall be filed in the principal | 6 | | office of the State Board of Elections not
more than 113 | 7 | | and not less than 106 days prior to the date of the | 8 | | primary,
but, in the case of petitions for nomination to | 9 | | fill a vacancy by special
election in the office of | 10 | | representative in Congress from this State, such
petition | 11 | | for nomination shall be filed in the principal office of | 12 | | the State
Board of Elections not more than 85 days and not | 13 | | less than 82 days prior to
the date of the primary.
| 14 | | Where a vacancy occurs in the office of Supreme, | 15 | | Appellate or Circuit
Court Judge within the 3-week period | 16 | | preceding the 106th day before a
general primary election, | 17 | | petitions for nomination for the office in which
the | 18 | | vacancy has occurred shall be filed in the principal office | 19 | | of the
State Board of Elections not more than 92 nor less | 20 | | than 85 days prior to
the date of the general primary | 21 | | election.
| 22 | | Where the nomination is to be made for delegates or | 23 | | alternate
delegates to a national nominating convention, | 24 | | then such petition for
nomination shall be filed in the | 25 | | principal office of the State Board of
Elections not more | 26 | | than 113 and not less than 106 days prior to the date of
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| 1 | | the primary; provided, however, that if the rules or | 2 | | policies of a national
political party conflict with such | 3 | | requirements for filing petitions for
nomination for | 4 | | delegates or alternate delegates to a national nominating
| 5 | | convention, the chairman of the State central committee of | 6 | | such national
political party shall notify the Board in | 7 | | writing, citing by reference the
rules or policies of the | 8 | | national political party in conflict, and in such
case the | 9 | | Board shall direct such petitions to be filed in accordance | 10 | | with the delegate selection plan adopted by the state | 11 | | central committee of such national political party.
| 12 | | (2) Where the nomination is to be made for a county | 13 | | office or trustee
of a sanitary district then such petition | 14 | | shall be filed in the office
of the county clerk not more | 15 | | than 113 nor less than 106 days prior to the
date of the | 16 | | primary.
| 17 | | (3) Where the nomination is to be made for a municipal | 18 | | or township
office, such petitions for nomination shall be | 19 | | filed in the office of
the local election official, not | 20 | | more than 99 nor less than 92 days
prior to the date of the | 21 | | primary; provided, where a municipality's or
township's | 22 | | boundaries are coextensive with or are entirely within the
| 23 | | jurisdiction of a municipal board of election | 24 | | commissioners, the petitions
shall be filed in the office | 25 | | of such board; and provided, that petitions
for the office | 26 | | of multi-township assessor shall be filed with the election
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| 1 | | authority.
| 2 | | (4) The petitions of candidates for State central | 3 | | committeeman shall
be filed in the principal office of the | 4 | | State Board of Elections not
more than 113 nor less than | 5 | | 106 days prior to the date of the primary.
| 6 | | (5) Petitions of candidates for precinct, township or | 7 | | ward
committeemen shall be filed in the office of the | 8 | | county clerk not more
than 113 nor less than 106 days prior | 9 | | to the date of the primary.
| 10 | | (6) The State Board of Elections and the various | 11 | | election authorities
and local election officials with | 12 | | whom such petitions for nominations
are filed shall specify | 13 | | the place where filings shall be made and upon
receipt | 14 | | shall endorse thereon the day and hour on which each | 15 | | petition
was filed. All petitions filed by persons waiting | 16 | | in line as of 8:00
a.m. on the first day for filing, or as | 17 | | of the normal opening hour of
the office involved on such | 18 | | day, shall be deemed filed as of 8:00 a.m.
or the normal | 19 | | opening hour, as the case may be. Petitions filed by mail
| 20 | | and received after midnight of the first day for filing and | 21 | | in the first
mail delivery or pickup of that day shall be | 22 | | deemed as filed as of 8:00
a.m. of that day or as of the | 23 | | normal opening hour of such day, as the
case may be. All | 24 | | petitions received thereafter shall be deemed as filed
in | 25 | | the order of actual receipt. However, 2 or more petitions | 26 | | filed within the last hour of the filing deadline shall be |
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| 1 | | deemed filed simultaneously. Where 2 or more petitions are | 2 | | received
simultaneously, the State Board of Elections or | 3 | | the various election
authorities or local election | 4 | | officials with whom such petitions are
filed shall break | 5 | | ties and determine the order of filing, by means of a
| 6 | | lottery or other fair and impartial method of random | 7 | | selection approved
by the State Board of Elections. Such | 8 | | lottery shall be conducted within
9 days following the last | 9 | | day for petition filing and shall be open to the
public. | 10 | | Seven days written notice of the time and place of | 11 | | conducting such
random selection shall be given by the | 12 | | State Board of Elections to the
chairman of the State | 13 | | central committee of each established political
party, and | 14 | | by each election authority or local election official, to | 15 | | the
County Chairman of each established political party, | 16 | | and to each
organization of citizens within the election | 17 | | jurisdiction which was
entitled, under this Article, at the | 18 | | next preceding election, to have
pollwatchers present on | 19 | | the day of election. The State Board of Elections,
election | 20 | | authority or local election official shall post in a | 21 | | conspicuous,
open and public place, at the entrance of the | 22 | | office, notice of the time
and place of such lottery. The | 23 | | State Board of Elections shall adopt rules
and regulations | 24 | | governing the procedures for the conduct of such lottery.
| 25 | | All candidates shall be certified in the order in which | 26 | | their petitions
have been filed. Where candidates have |
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| 1 | | filed simultaneously, they shall be
certified in the order | 2 | | determined by lot and prior to candidates who filed
for the | 3 | | same office at a later time.
| 4 | | (7) The State Board of Elections or the appropriate | 5 | | election
authority or local election official with whom | 6 | | such a petition for
nomination is filed shall notify the | 7 | | person for whom a petition for
nomination has been filed of | 8 | | the obligation to file statements of
organization, reports | 9 | | of campaign contributions, and annual reports of
campaign | 10 | | contributions and expenditures under Article 9 of this Act.
| 11 | | Such notice shall be given in the manner prescribed by | 12 | | paragraph (7) of
Section 9-16 of this Code.
| 13 | | (8) Nomination papers filed under this Section are not | 14 | | valid if the
candidate named therein fails to file a | 15 | | statement of economic interests
as required by the Illinois | 16 | | Governmental Ethics Act in relation to his
candidacy with | 17 | | the appropriate officer by the end of the period for the
| 18 | | filing of nomination papers unless he has filed a statement | 19 | | of economic
interests in relation to the same governmental | 20 | | unit with that officer
within a year preceding the date on | 21 | | which such nomination papers were
filed. If the nomination | 22 | | papers of any candidate and the statement of
economic | 23 | | interest of that candidate are not required to be filed | 24 | | with
the same officer, the candidate must file with the | 25 | | officer with whom the
nomination papers are filed a receipt | 26 | | from the officer with whom the
statement of economic |
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| 1 | | interests is filed showing the date on which such
statement | 2 | | was filed. Such receipt shall be so filed not later than | 3 | | the
last day on which nomination papers may be filed.
| 4 | | (9) Any person for whom a petition for nomination, or | 5 | | for 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 | 8 | | and 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 | 11 | | with the appropriate election
authority or local election | 12 | | official, not later than the date of
certification of | 13 | | candidates for the consolidated primary or general primary
| 14 | | ballot. No names so withdrawn shall be certified or printed | 15 | | on the
primary ballot. If petitions for nomination have | 16 | | been filed for the
same person with respect to more than | 17 | | one political party, his name
shall not be certified nor | 18 | | printed on the primary ballot of any party.
If petitions | 19 | | for nomination have been filed for the same person for 2 or
| 20 | | more offices which are incompatible so that the same person | 21 | | could not
serve in more than one of such offices if | 22 | | elected, that person must
withdraw as a candidate for all | 23 | | but one of such offices within the
5 business days | 24 | | following the last day for petition filing. A candidate in | 25 | | a judicial election may file petitions for nomination for | 26 | | only one vacancy in a subcircuit and only one vacancy in a |
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| 1 | | circuit in any one filing period, and if petitions for | 2 | | nomination have been filed for the same person for 2 or | 3 | | more vacancies in the same circuit or subcircuit in the | 4 | | same filing period, his or her name shall be certified only | 5 | | for the first vacancy for which the petitions for | 6 | | nomination were filed. If he fails to
withdraw as a | 7 | | candidate for all but one of such offices within such time
| 8 | | his name shall not be certified, nor printed on the primary | 9 | | ballot, for any
office. For the purpose of the foregoing | 10 | | provisions, an office in a
political party is not | 11 | | incompatible with any other office.
| 12 | | (10)(a) Notwithstanding the provisions of any other | 13 | | statute, no primary
shall be held for an established | 14 | | political party in any township,
municipality, or ward | 15 | | thereof, where the nomination of such
party for every | 16 | | office to be voted upon by the electors of such
township, | 17 | | municipality, or ward thereof, is uncontested. Whenever a
| 18 | | political party's nomination of candidates is uncontested | 19 | | as to one or
more, but not all, of the offices to be voted | 20 | | upon by the electors of a
township, municipality, or ward | 21 | | thereof, then a primary shall
be held for that party in | 22 | | such township, municipality, or ward thereof;
provided | 23 | | that the primary ballot shall not include those offices
| 24 | | within such township, municipality, or ward thereof, for | 25 | | which the
nomination is uncontested. For purposes of this | 26 | | Article, the nomination
of an established political party |
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| 1 | | of a candidate for election to an office
shall be deemed to | 2 | | be uncontested where not more than the number of persons
to | 3 | | be nominated have timely filed valid nomination papers | 4 | | seeking the
nomination of such party for election to such | 5 | | office.
| 6 | | (b) Notwithstanding the provisions of any other | 7 | | statute, no primary
election shall be held for an | 8 | | established political party for any special
primary | 9 | | election called for the purpose of filling a vacancy in the | 10 | | office
of representative in the United States Congress | 11 | | where the nomination of
such political party for said | 12 | | office is uncontested. For the purposes of
this Article, | 13 | | the nomination of an established political party of a
| 14 | | candidate for election to said office shall be deemed to be | 15 | | uncontested
where not more than the number of persons to be | 16 | | nominated have timely filed
valid nomination papers | 17 | | seeking the nomination of such established party
for | 18 | | election to said office. This subsection (b) shall not | 19 | | apply if such
primary election is conducted on a regularly | 20 | | scheduled election day.
| 21 | | (c) Notwithstanding the provisions of any other law to | 22 | | the contrary in subparagraph (a) and (b) of this
paragraph | 23 | | (10) , whenever a person who has not timely filed valid | 24 | | nomination
papers and who intends to become a write-in | 25 | | candidate for a political
party's nomination for any office | 26 | | for which the nomination is uncontested
files a written |
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| 1 | | statement or notice of that intent with the State Board of
| 2 | | Elections or the local election official with whom | 3 | | nomination papers for
such office are filed, no primary | 4 | | ballot shall be printed. Where no primary is held, a person | 5 | | intending to become a write-in candidate at the | 6 | | consolidated primary election shall re-file a declaration | 7 | | of intent to be a write-in candidate for the consolidated | 8 | | election with the appropriate election authority or | 9 | | authorities a primary ballot shall be prepared and a | 10 | | primary
shall be held for that office. Such statement or | 11 | | notice shall be filed on
or before the date established in | 12 | | this Article for certifying candidates
for the primary | 13 | | ballot. Such statement or notice shall contain (i) the
name | 14 | | and address of the person intending to become a write-in | 15 | | candidate,
(ii) a statement that the person is a qualified | 16 | | primary elector of the
political party from whom the | 17 | | nomination is sought, (iii) a statement that
the person | 18 | | intends to become a write-in candidate for the party's
| 19 | | nomination, and (iv) the office the person is seeking as a | 20 | | write-in
candidate. An election authority shall have no | 21 | | duty to conduct a primary
and prepare a primary ballot for | 22 | | any office for which the nomination is
uncontested unless a | 23 | | statement or notice meeting the requirements of this
| 24 | | Section is filed in a timely manner .
| 25 | | (11) If multiple sets of nomination papers are filed | 26 | | for a candidate to
the same office, the State Board of |
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| 1 | | Elections, appropriate election
authority or local | 2 | | election official where the petitions are filed shall
| 3 | | within 2 business days notify the candidate of his or her | 4 | | multiple petition
filings and that the candidate has 3 | 5 | | business days after receipt of the
notice to notify the | 6 | | State Board of Elections, appropriate election
authority | 7 | | or local election official that he or she may cancel prior | 8 | | sets
of petitions. If the candidate notifies the State | 9 | | Board of Elections,
appropriate election authority or | 10 | | local election official, the last set of
petitions filed | 11 | | shall be the only petitions to be considered valid by the
| 12 | | State Board of Elections, election authority or local | 13 | | election official. If
the candidate fails to notify the | 14 | | State Board of Elections, election authority
or local
| 15 | | election official then only the first set of petitions | 16 | | filed shall be valid
and all subsequent petitions shall be | 17 | | void.
| 18 | | (12) All nominating petitions shall be available for | 19 | | public inspection
and shall be preserved for a period of | 20 | | not less than 6 months.
| 21 | | (Source: P.A. 99-221, eff. 7-31-15.)
| 22 | | (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
| 23 | | Sec. 7-59. (a) The person receiving the highest number of | 24 | | votes at a
primary as a candidate of a party for the nomination | 25 | | for an office shall
be the candidate of that party for such |
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| 1 | | office, and his name as such
candidate shall be placed on the | 2 | | official ballot at the election then
next ensuing; provided, | 3 | | that where there are two or more persons to be
nominated for | 4 | | the same office or board, the requisite number of persons
| 5 | | receiving the highest number of votes shall be nominated and | 6 | | their names
shall be placed on the official ballot at the | 7 | | following election.
| 8 | | Except as otherwise provided by Section 7-8 of this Act, | 9 | | the
person receiving the highest number of votes of his party | 10 | | for
State central committeeman of his congressional district | 11 | | shall be
declared elected State central committeeman from said | 12 | | congressional
district.
| 13 | | Unless a national political party specifies that delegates | 14 | | and
alternate delegates to a National nominating convention be | 15 | | allocated by
proportional selection representation according | 16 | | to the results of a
Presidential preference primary, the | 17 | | requisite number of persons
receiving the highest number of | 18 | | votes of their party for delegates and
alternate delegates to | 19 | | National nominating conventions from the State at
large, and | 20 | | the requisite number of persons receiving the highest number of
| 21 | | votes of their party for delegates and alternate delegates to | 22 | | National
nominating conventions in their respective | 23 | | congressional districts shall be
declared elected delegates | 24 | | and alternate delegates to the National
nominating conventions | 25 | | of their party.
| 26 | | A political party which elects the members to its State |
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| 1 | | Central Committee
by Alternative B under paragraph (a) of | 2 | | Section 7-8 shall select its
congressional district delegates | 3 | | and alternate delegates to its national
nominating convention | 4 | | by proportional selection representation according to
the | 5 | | results of a Presidential preference primary in each | 6 | | congressional
district in the manner provided by the rules of | 7 | | the national political
party and the State Central Committee, | 8 | | when the rules and policies of the
national political party so | 9 | | require.
| 10 | | A political party which elects the members to its State | 11 | | Central Committee
by Alternative B under paragraph (a) of | 12 | | Section 7-8 shall select its
at large delegates and alternate | 13 | | delegates to its national
nominating convention by | 14 | | proportional selection representation according to
the results | 15 | | of a Presidential preference primary in the whole State in the
| 16 | | manner provided by the rules of the national political party | 17 | | and the State
Central Committee, when the rules and policies of | 18 | | the national political
party so require.
| 19 | | The person receiving the highest number of votes of his | 20 | | party for
precinct committeeman of his precinct shall be | 21 | | declared elected precinct
committeeman from said precinct.
| 22 | | The person receiving the highest number of votes of his | 23 | | party for
township committeeman of his township or part of a | 24 | | township as the case
may be, shall be declared elected township | 25 | | committeeman from said
township or part of a township as the | 26 | | case may be. In cities where ward
committeemen are elected, the |
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| 1 | | person receiving the highest number of
votes of his party for | 2 | | ward committeeman of his ward shall be declared
elected ward | 3 | | committeeman from said ward.
| 4 | | When two or more persons receive an equal and the highest | 5 | | number of
votes for the nomination for the same office or for | 6 | | committeeman of the
same political party, or where more than | 7 | | one person of the same
political party is to be nominated as a | 8 | | candidate for office or
committeeman, if it appears that more | 9 | | than the number of persons to be
nominated for an office or | 10 | | elected committeeman have the highest and an
equal number of | 11 | | votes for the nomination for the same office or for
election as | 12 | | committeeman, the election authority by which the returns of | 13 | | the primary
are canvassed shall decide by lot which of said | 14 | | persons shall be
nominated or elected, as the case may be. In | 15 | | such case the election authority shall issue notice in writing | 16 | | to such persons of such tie vote
stating therein the place, the | 17 | | day (which shall not be more than 5 days thereafter) and the | 18 | | hour when such nomination or election shall
be so determined.
| 19 | | (b) Write-in votes shall be counted only for persons who | 20 | | have filed
notarized declarations of intent to be write-in | 21 | | candidates with the proper
election authority or authorities no | 22 | | more than 106 days before, and not later than 61 days prior to
| 23 | | the primary. However, whenever an objection to a candidate's | 24 | | nominating papers or petitions for any office is sustained | 25 | | under Section 10-10 after the 61st day before the election, | 26 | | then write-in votes shall be counted for that candidate if he |
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| 1 | | or she has filed a notarized declaration of intent to be a | 2 | | write-in candidate for that office with the proper election | 3 | | authority or authorities not later than 7 days prior to the | 4 | | election.
| 5 | | Forms for the declaration of intent to be a write-in | 6 | | candidate shall be
supplied by the election authorities. A | 7 | | declaration of intent to be a write-in candidate shall include: | 8 | | (1) the name and address of the person intending to | 9 | | become a write-in candidate; | 10 | | (2) the office sought; | 11 | | (3) the date of the election; and | 12 | | (4) the notarized signature of the candidate or | 13 | | candidates. | 14 | | A declaration of intent to be a write-in candidate that | 15 | | does not include the information required by paragraphs (1) | 16 | | through (4) shall not be accepted. | 17 | | Persons intending to become write-in candidates for | 18 | | the offices of President of the United States and Vice | 19 | | President of the United States or Governor and Lieutenant | 20 | | Governor shall file one joint declaration of intent to be a | 21 | | write-in candidate that identifies the candidate for each | 22 | | office. Such declaration shall specify the
office for which | 23 | | the person seeks nomination or election as a write-in
| 24 | | candidate.
| 25 | | The election authority or authorities shall deliver a list | 26 | | of all persons
who have filed such declarations to the election |
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| 1 | | judges in the appropriate
precincts prior to the primary.
| 2 | | (c) (1) Notwithstanding any other provisions of this | 3 | | Section, where
the number of candidates whose names have been | 4 | | printed on a party's
ballot for nomination for or election to | 5 | | an office at a primary is less
than the number of persons the | 6 | | party is entitled to nominate for or elect
to the office at the | 7 | | primary, a person whose name was not printed on the
party's | 8 | | primary ballot as a candidate for nomination for or election to | 9 | | the
office, is not nominated for or elected to that office as a | 10 | | result of a
write-in vote at the primary unless the number of | 11 | | votes he received equals
or exceeds the number of signatures | 12 | | required on a petition for nomination
for that office; or | 13 | | unless the number of votes he receives exceeds the
number of | 14 | | votes received by at least one of the candidates whose names | 15 | | were
printed on the primary ballot for nomination for or | 16 | | election to the same
office.
| 17 | | (2) Paragraph (1) of this subsection does not apply where | 18 | | the number
of candidates whose names have been printed on the | 19 | | party's ballot for
nomination for or election to the office at | 20 | | the primary equals or exceeds
the number of persons the party | 21 | | is entitled to nominate for or elect to the
office at the | 22 | | primary.
| 23 | | (Source: P.A. 94-647, eff. 1-1-06; 95-699, eff. 11-9-07.)
| 24 | | (10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
| 25 | | Sec. 17-16.1. Write-in votes shall be counted only for |
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| 1 | | persons who have
filed notarized declarations of intent to be | 2 | | write-in candidates with
the proper election authority or | 3 | | authorities no more than 106 days before, and not later than 61 | 4 | | days prior to
the election. However, whenever an objection to a | 5 | | candidate's nominating papers or petitions for any office is | 6 | | sustained under Section 10-10 after the 61st day before the | 7 | | election, then write-in votes shall be counted for that | 8 | | candidate if he or she has filed a notarized declaration of | 9 | | intent to be a write-in candidate for that office with the | 10 | | proper election authority or authorities not later than 7 days | 11 | | prior to the election.
| 12 | | Forms for the declaration of intent to be a write-in | 13 | | candidate shall
be supplied by the election authorities. A | 14 | | declaration of intent to be a write-in candidate shall include: | 15 | | (1) the name and address of the person intending to | 16 | | become a write-in candidate; | 17 | | (2) the office sought; | 18 | | (3) the date of the election; and | 19 | | (4) the notarized signature of the candidate or | 20 | | candidates. | 21 | | A declaration of intent to be a write-in candidate that | 22 | | does not include the information required by paragraphs (1) | 23 | | through (4) shall not be accepted. | 24 | | Persons intending to become write-in candidates for | 25 | | the offices of President of the United States and Vice | 26 | | President of the United States or Governor and Lieutenant |
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| 1 | | Governor shall file one joint declaration of intent to be a | 2 | | write-in candidate that identifies the candidate for each | 3 | | office. A vote cast for either candidate shall constitute a | 4 | | valid write-in vote for the team of candidates. Such | 5 | | declaration shall specify
the office for which the person | 6 | | seeks election as a write-in candidate.
| 7 | | The election authority or authorities shall deliver a list | 8 | | of all persons
who have filed such declarations to the election | 9 | | judges in the appropriate
precincts prior to the election.
| 10 | | A candidate for whom a nomination paper has been filed as a | 11 | | partisan
candidate at a primary election, and who is defeated | 12 | | for his or her
nomination at the primary election is ineligible | 13 | | to file a declaration of
intent to be a write-in candidate for | 14 | | election in that general or consolidated
election.
| 15 | | A candidate seeking election to an office for which | 16 | | candidates of
political parties are nominated by caucus who is | 17 | | a participant in the
caucus and who is defeated for his or her | 18 | | nomination at such caucus is
ineligible to file a declaration | 19 | | of intent to be a write-in candidate for
election in that | 20 | | general or consolidated election.
| 21 | | A candidate seeking election to an office for which | 22 | | candidates are
nominated at a primary election on a nonpartisan | 23 | | basis and who is defeated
for his or her nomination at the | 24 | | primary election is ineligible to file a
declaration of intent | 25 | | to be a write-in candidate for election in that
general or | 26 | | consolidated election.
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| 1 | | Nothing in this Section shall be construed to apply to | 2 | | votes
cast under the provisions of subsection (b) of Section | 3 | | 16-5.01.
| 4 | | (Source: P.A. 95-699, eff. 11-9-07.)
| 5 | | (10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
| 6 | | Sec. 18-9.1. Write-in votes shall be counted only for | 7 | | persons who have
filed notarized declarations of intent to be | 8 | | write-in candidates with
the proper election authority or | 9 | | authorities no more than 106 days before, and not later than 61 | 10 | | days prior to
the election. However, whenever an objection to a | 11 | | candidate's nominating papers or petitions is sustained under | 12 | | Section 10-10 after the 61st day before the election, then | 13 | | write-in votes shall be counted for that candidate if he or she | 14 | | has filed a notarized declaration of intent to be a write-in | 15 | | candidate for that office with the proper election authority or | 16 | | authorities not later than 7 days prior to the election.
| 17 | | Forms for the declaration of intent to be a write-in | 18 | | candidate shall
be supplied by the election authorities. A | 19 | | declaration of intent to be a write-in candidate shall include: | 20 | | (1) the name and address of the person intending to | 21 | | become a write-in candidate; | 22 | | (2) the office sought; | 23 | | (3) the date of the election; and | 24 | | (4) the notarized signature of the candidate or | 25 | | candidates. |
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| 1 | | A declaration of intent to be a write-in candidate that | 2 | | does not include the information required by paragraphs (1) | 3 | | through (4) shall not be accepted. | 4 | | Persons intending to become write-in candidates for | 5 | | the offices of President of the United States and Vice | 6 | | President of the United States or Governor and Lieutenant | 7 | | Governor shall file one joint declaration of intent to be a | 8 | | write-in candidate that identifies the candidate for each | 9 | | office. A vote cast for either candidate shall constitute a | 10 | | valid write-in vote for the team of candidates. Such | 11 | | declaration shall specify
the office for which the person | 12 | | seeks election as a write-in candidate.
| 13 | | The election authority or authorities shall deliver a list | 14 | | of all persons
who have filed such declarations to the election | 15 | | judges in the appropriate
precincts prior to the election.
| 16 | | A candidate for whom a nomination paper has been filed as a | 17 | | partisan
candidate at a primary election, and who is defeated | 18 | | for his or her
nomination at the primary election, is | 19 | | ineligible to file a declaration of
intent to be a write-in | 20 | | candidate for election in that general or
consolidated | 21 | | election.
| 22 | | A candidate seeking election to an office for which | 23 | | candidates of
political parties are nominated by caucus who is | 24 | | a participant in the
caucus and who is defeated for his or her | 25 | | nomination at such caucus is
ineligible to file a declaration | 26 | | of intent to be a write-in candidate for
election in that |
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| 1 | | general or consolidated election.
| 2 | | A candidate seeking election to an office for which | 3 | | candidates are
nominated at a primary election on a nonpartisan | 4 | | basis and who is defeated
for his or her nomination at the | 5 | | primary election is ineligible to file a
declaration of intent | 6 | | to be a write-in candidate for election in that
general or | 7 | | consolidated election.
| 8 | | Nothing in this Section shall be construed to apply to | 9 | | votes
cast under the provisions of subsection (b) of Section | 10 | | 16-5.01.
| 11 | | (Source: P.A. 95-699, eff. 11-9-07.)
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