Full Text of SB2659 94th General Assembly
SB2659 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2659
Introduced 1/20/2006, by Sen. Frank C. Watson SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-10 |
from Ch. 46, par. 7-10 |
10 ILCS 5/7A-1 |
from Ch. 46, par. 7A-1 |
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Amends the Election Code. Prohibits a Supreme, Appellate, or Circuit Judge who fails to file a declaration of candidacy for retention from filing petitions as a candidate for the judicial vacancy created by that failure.
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A BILL FOR
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SB2659 |
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LRB094 18467 JAM 53786 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 7-10 and 7A-1 as follows:
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| (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
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| Sec. 7-10. Form of petition for nomination. The name of no | 8 |
| candidate for
nomination, or State central committeeman, or | 9 |
| township committeeman, or
precinct committeeman, or ward | 10 |
| committeeman or candidate for delegate or
alternate delegate to | 11 |
| national nominating conventions, shall be printed
upon the | 12 |
| primary ballot unless a petition for nomination has been filed | 13 |
| in
his behalf as provided in this Article in substantially the | 14 |
| following form:
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| We, the undersigned, members of and affiliated with the | 16 |
| .... party
and qualified primary electors of the .... party, in | 17 |
| the .... of ....,
in the county of .... and State of Illinois, | 18 |
| do hereby petition that
the following named person or persons | 19 |
| shall be a candidate or candidates
of the .... party for the | 20 |
| nomination for (or in case of committeemen for
election to) the | 21 |
| office or offices hereinafter specified, to be voted
for at the | 22 |
| primary election to be held on (insert date).
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23 | | Name |
Office |
Address |
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24 | | John Jones |
Governor |
Belvidere, Ill. |
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25 | | Thomas Smith |
Attorney General |
Oakland, Ill. |
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| Name.................. Address.......................
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| State of Illinois)
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| ) ss.
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| County of........)
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| I, ...., do hereby certify
that I reside at No. .... |
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| street, in the .... of ...., county of ....,
and State of | 2 |
| ....., that I am 18 years of age or older, that
I am a citizen | 3 |
| of the United States, and that the signatures on this sheet
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| were signed
in my presence, and are genuine, and that to the | 5 |
| best of my knowledge
and belief the persons so signing were at | 6 |
| the time of signing the
petitions qualified voters of the .... | 7 |
| party, and that their respective
residences are correctly | 8 |
| stated, as above set forth.
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| .........................
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| Subscribed and sworn to before me on (insert date).
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| .........................
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| | 13 |
| Each sheet of the petition other than the statement of | 14 |
| candidacy and
candidate's statement shall be of uniform size | 15 |
| and shall contain above
the space for signatures an appropriate | 16 |
| heading giving the information
as to name of candidate or | 17 |
| candidates, in whose behalf such petition is
signed; the | 18 |
| office, the political party represented and place of
residence; | 19 |
| and the heading of each sheet shall be the same.
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| Such petition shall be signed by qualified primary electors | 21 |
| residing
in the political division for which the nomination is | 22 |
| sought in their
own proper persons only and opposite the | 23 |
| signature of each signer, his
residence address shall be | 24 |
| written or printed. The residence address
required to be | 25 |
| written or printed opposite each qualified primary elector's
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| name shall include the street address or rural route number of | 27 |
| the signer,
as the case may be, as well as the signer's county, | 28 |
| and city, village or
town, and state.
However the county or | 29 |
| city, village or town, and state of residence of
the electors | 30 |
| may be printed on the petition forms where all of the
electors | 31 |
| signing the petition reside in the same county or city, village
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| or town, and state. Standard abbreviations may be used in | 33 |
| writing the
residence address, including street number, if any. | 34 |
| At the bottom of
each sheet of such petition shall be added a | 35 |
| circulator statement signed by
a person 18 years of age or |
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| older who is a citizen of the United States,
stating the street | 2 |
| address or rural route number, as the case may be, as well
as | 3 |
| the county, city, village or town, and state;
and certifying | 4 |
| that the signatures on that sheet of the petition were signed | 5 |
| in
his or her presence and certifying that the signatures are | 6 |
| genuine; and
either (1) indicating the dates on which that | 7 |
| sheet was circulated, or (2)
indicating the first and last | 8 |
| dates on which the sheet was circulated, or (3)
certifying that | 9 |
| none of the signatures on the sheet were signed more than 90
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| days preceding the last day for the filing of the petition and | 11 |
| certifying that
to the best of his or her knowledge and belief | 12 |
| the persons so signing were at
the time of signing the | 13 |
| petitions qualified voters of the political party for
which a | 14 |
| nomination is sought. Such statement shall be sworn to before | 15 |
| some
officer authorized to administer oaths in this State.
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| No petition sheet shall be circulated more than 90 days | 17 |
| preceding the
last day provided in Section 7-12 for the filing | 18 |
| of such petition.
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| The person circulating the petition, or the candidate on | 20 |
| whose behalf the
petition is circulated, may strike any | 21 |
| signature from the petition,
provided that:
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| (1) the person striking the signature shall initial the | 23 |
| petition at
the place where the signature is struck; and
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| (2) the person striking the signature shall sign a | 25 |
| certification
listing the page number and line number of | 26 |
| each signature struck from
the petition. Such | 27 |
| certification shall be filed as a part of the petition.
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| Such sheets before being filed shall be neatly fastened | 29 |
| together in
book form, by placing the sheets in a pile and | 30 |
| fastening them together
at one edge in a secure and suitable | 31 |
| manner, and the sheets shall then
be numbered consecutively. | 32 |
| The sheets shall not be fastened by pasting
them together end | 33 |
| to end, so as to form a continuous strip or roll. All
petition | 34 |
| sheets which are filed with the proper local election | 35 |
| officials,
election authorities or the State Board of Elections | 36 |
| shall be the original
sheets which have been signed by the |
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| voters and by the circulator thereof,
and not photocopies or | 2 |
| duplicates of such sheets. Each petition must include
as a part | 3 |
| thereof, a statement of candidacy for each of the candidates | 4 |
| filing,
or in whose behalf the petition is filed. This | 5 |
| statement shall set out the
address of such candidate, the | 6 |
| office for which he is a candidate, shall state
that the | 7 |
| candidate is a qualified primary voter of the party to which | 8 |
| the
petition relates and is qualified for the office specified | 9 |
| (in the case of a
candidate for State's Attorney it shall state | 10 |
| that the candidate is at the time
of filing such statement a | 11 |
| licensed attorney-at-law of this State), shall state
that he | 12 |
| has filed (or will file before the close of the petition filing | 13 |
| period)
a statement of economic interests as required by the | 14 |
| Illinois Governmental
Ethics Act, shall request that the | 15 |
| candidate's name be placed upon the official
ballot, and shall | 16 |
| be subscribed and sworn to by such candidate before some
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| officer authorized to take acknowledgment of deeds in the State | 18 |
| and shall be in
substantially the following form:
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| Statement of Candidacy
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20 | | Name |
Address |
Office |
District |
Party |
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21 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
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22 | | |
Belvidere, |
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23 | | |
Illinois |
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| State of Illinois)
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| ) ss.
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| County of .......)
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| I, ...., being first duly sworn, say that I reside at .... | 28 |
| Street in the city
(or village) of ...., in the county of ...., | 29 |
| State of Illinois; that I
am a qualified voter therein and am a | 30 |
| qualified primary voter of the ....
party; that I am a | 31 |
| candidate for nomination (for election in the case of
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| committeeman and delegates and alternate delegates) to the | 33 |
| office of ....
to be voted upon at the primary election to be | 34 |
| held on (insert date); that I am
legally qualified (including
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| being the holder of any license that may be an eligibility |
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| requirement
for the office I seek the nomination for) to hold | 2 |
| such office and that I
have filed (or I will file before the | 3 |
| close of the petition filing period)
a statement of economic | 4 |
| interests as required by the Illinois
Governmental Ethics Act | 5 |
| and I hereby request that my name be printed
upon the official | 6 |
| primary ballot for nomination for (or election to in
the case | 7 |
| of committeemen and delegates and alternate delegates) such
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| office.
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| Signed ......................
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| Subscribed and sworn to (or affirmed) before me by ...., | 11 |
| who is to me
personally known, on (insert date).
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| Signed ....................
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| (Official Character)
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| (Seal, if officer has one.)
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| The petitions, when filed, shall not be withdrawn or added | 16 |
| to, and no
signatures shall be revoked except by revocation | 17 |
| filed in writing with
the State Board of Elections, election | 18 |
| authority or local election
official with whom the petition is | 19 |
| required to be filed, and before the
filing of such petition. | 20 |
| Whoever forges the name of a signer upon any
petition required | 21 |
| by this Article is deemed guilty of a forgery and on
conviction | 22 |
| thereof shall be punished accordingly.
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| A candidate for the offices listed in this Section must | 24 |
| obtain the number
of signatures specified in this Section on | 25 |
| his or her petition for nomination.
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| (a) Statewide office or delegate to a national nominating | 27 |
| convention. If a
candidate seeks to run for statewide office or | 28 |
| as a delegate or alternate
delegate to a national nominating | 29 |
| convention elected from the State at-large,
then the | 30 |
| candidate's petition for nomination must contain at least 5,000 | 31 |
| but
not more than 10,000 signatures.
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| (b) Congressional office or congressional delegate to a | 33 |
| national nominating
convention. If a candidate seeks to run for | 34 |
| United States Congress or as a
congressional delegate or | 35 |
| alternate congressional delegate to a national
nominating |
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| convention elected from a congressional district, then the
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| candidate's petition for nomination must contain at least the | 3 |
| number of
signatures equal to 0.5% of the qualified primary | 4 |
| electors of his or her party
in his or her congressional | 5 |
| district. In the first primary election following a
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| redistricting of congressional districts, a candidate's | 7 |
| petition for nomination
must contain at least 600 signatures of | 8 |
| qualified primary electors of the
candidate's political party | 9 |
| in his or her congressional district.
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| (c) County office. If a candidate seeks to run for any | 11 |
| countywide office,
including but not limited to county board | 12 |
| chairperson or county board
member, elected on an at-large | 13 |
| basis, in a county other than Cook County,
then the candidate's | 14 |
| petition for nomination must contain at least the number
of | 15 |
| signatures equal to 0.5% of the qualified electors of his or | 16 |
| her party who
cast votes at the last preceding general election | 17 |
| in his or her county. If a
candidate
seeks to run for county | 18 |
| board member elected from a county board district, then
the | 19 |
| candidate's petition for nomination must contain at least the | 20 |
| number of
signatures equal to 0.5% of the qualified primary | 21 |
| electors of his or her party
in the
county board district. In | 22 |
| the first primary election following a redistricting
of county | 23 |
| board districts or the initial establishment of county board
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| districts, a candidate's petition for nomination must contain | 25 |
| at least the
number of signatures equal to 0.5% of the | 26 |
| qualified electors of his or her
party
in the entire county who | 27 |
| cast votes at the last preceding general election
divided by | 28 |
| the
total number of county board districts comprising the | 29 |
| county board; provided
that
in no event shall the number of | 30 |
| signatures be less than 25.
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| (d) County office; Cook County only.
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| (1) If a candidate seeks to run for countywide office | 33 |
| in Cook County,
then the candidate's petition for | 34 |
| nomination must contain at least the number
of signatures | 35 |
| equal to 0.5% of the qualified electors of his or her party | 36 |
| who
cast votes at the last preceding general election in |
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| Cook County.
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| (2) If a candidate seeks to run for Cook County Board | 3 |
| Commissioner,
then the candidate's petition for nomination | 4 |
| must contain at least the number
of signatures equal to | 5 |
| 0.5% of
the qualified primary electors of his or her party | 6 |
| in his or her county board
district. In the first primary | 7 |
| election following a redistricting of Cook
County Board of | 8 |
| Commissioners districts, a candidate's petition for
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| nomination must contain at least the number of signatures | 10 |
| equal to 0.5% of
the qualified electors of his or her party | 11 |
| in the entire county who cast votes
at the last
preceding | 12 |
| general election divided by the total number of county | 13 |
| board
districts comprising the county board; provided that | 14 |
| in no event shall the
number of signatures be less than 25.
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| (3) If a candidate seeks to run for Cook County Board | 16 |
| of Review
Commissioner, which is elected from a district | 17 |
| pursuant to subsection (c)
of Section 5-5 of the Property | 18 |
| Tax Code, then the candidate's petition for
nomination must | 19 |
| contain at least the number of signatures equal to 0.5% of
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| the total number of registered voters in his or her board | 21 |
| of
review district in the last general election at which a | 22 |
| commissioner was
regularly scheduled to be elected from | 23 |
| that board of review district. In no
event shall the number | 24 |
| of signatures required be greater than the requisite
number | 25 |
| for a candidate who seeks countywide office in Cook County
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| under subsection (d)(1) of this Section. In the first | 27 |
| primary election
following a redistricting of Cook County | 28 |
| Board of Review districts, a
candidate's petition for | 29 |
| nomination must contain at least 4,000 signatures
or at | 30 |
| least the number of signatures required for a countywide | 31 |
| candidate in
Cook County, whichever is less,
of the | 32 |
| qualified electors of his or her party in the district.
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| (e) Municipal or township office. If a candidate seeks to | 34 |
| run for municipal
or township office, then the candidate's | 35 |
| petition for nomination must contain
at least the number of | 36 |
| signatures equal to 0.5% of the qualified primary
electors of |
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| his or her party in the municipality or township. If a | 2 |
| candidate
seeks to run for alderman of a municipality, then the | 3 |
| candidate's petition for
nomination must contain at least the | 4 |
| number of signatures equal to 0.5% of the
qualified primary | 5 |
| electors of his or her party of the ward. In the first
primary | 6 |
| election following redistricting of aldermanic wards or | 7 |
| trustee
districts of a municipality or the initial | 8 |
| establishment of wards or districts,
a candidate's petition for | 9 |
| nomination must contain the number of signatures
equal to at | 10 |
| least 0.5% of the total number of votes cast for the candidate | 11 |
| of
that political party who received the highest number of | 12 |
| votes in the entire
municipality at the last regular election | 13 |
| at which an officer was regularly
scheduled to be elected from
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| the entire municipality, divided by the number of wards or | 15 |
| districts. In no
event shall the number of signatures be less | 16 |
| than 25.
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| (f) State central committeeperson. If a candidate seeks to | 18 |
| run for State
central committeeperson, then the candidate's | 19 |
| petition for nomination must
contain at least 100 signatures of | 20 |
| the primary electors of his or her party of
his or
her | 21 |
| congressional district.
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| (g) Sanitary district trustee. If a candidate seeks to run | 23 |
| for trustee of a
sanitary district in which trustees are not | 24 |
| elected from wards, then the
candidate's petition for | 25 |
| nomination must contain at least the number of
signatures equal | 26 |
| to 0.5% of the primary electors of his or her party from the
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| sanitary district. If a candidate seeks to run for trustee
of a | 28 |
| sanitary district in which trustees are elected from wards, | 29 |
| then the
candidate's petition for
nomination must contain at | 30 |
| least the number of signatures equal to 0.5% of the
primary | 31 |
| electors of his or her party in the ward of that sanitary | 32 |
| district. In
the
first primary election following | 33 |
| redistricting of sanitary districts elected
from wards, a | 34 |
| candidate's petition for nomination must contain at least the
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| signatures of 150 qualified primary electors of his or her ward | 36 |
| of that
sanitary district.
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| (h) Judicial office. If a candidate seeks to run for | 2 |
| judicial office in a district, then the candidate's petition | 3 |
| for nomination must contain the number of signatures equal to | 4 |
| 0.4% of the number of votes cast in that district for the | 5 |
| candidate for his or her political party for the office of | 6 |
| Governor at the last general election at which a Governor was | 7 |
| elected, but in no event less than 500 signatures. If a | 8 |
| candidate seeks to run for judicial office in a
circuit or | 9 |
| subcircuit, then the candidate's petition for nomination
must | 10 |
| contain the number of signatures equal to 0.25% of the number | 11 |
| of votes
cast for the judicial candidate of his or her | 12 |
| political party who received the
highest number of votes
at the | 13 |
| last general election at which a judicial
officer from the same | 14 |
| circuit or subcircuit was regularly scheduled
to be elected, | 15 |
| but in no event less than 500 signatures. A Supreme, Appellate, | 16 |
| or Circuit Judge who fails to timely file a declaration of | 17 |
| candidacy to succeed himself or herself in office may not file | 18 |
| petitions of candidacy for the vacancy in that office created | 19 |
| by that failure.
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| (i) Precinct, ward, and township committeeperson. If a | 21 |
| candidate seeks to
run for precinct committeeperson, then the | 22 |
| candidate's petition for nomination
must contain at least 10 | 23 |
| signatures of the primary electors of his or her
party for the | 24 |
| precinct. If a candidate seeks to run for ward committeeperson,
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| then the candidate's petition for nomination must contain no | 26 |
| less than the
number of signatures equal to 10% of the primary | 27 |
| electors of his or her party
of the ward, but no more than 16% | 28 |
| of those same electors; provided that the
maximum number of | 29 |
| signatures may be 50 more than the minimum number, whichever
is | 30 |
| greater. If a candidate seeks to run for township | 31 |
| committeeperson, then the
candidate's petition for nomination | 32 |
| must contain no less than the number of
signatures equal to 5% | 33 |
| of the primary electors of his or her party of the
township, | 34 |
| but no more than 8% of those same electors;
provided that the | 35 |
| maximum number of signatures may be 50 more than the
minimum | 36 |
| number, whichever is greater.
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| (j) State's attorney or regional superintendent of schools | 2 |
| for multiple
counties. If
a candidate seeks to run for State's | 3 |
| attorney or regional Superintendent of
Schools who serves more | 4 |
| than one county, then the candidate's petition for
nomination | 5 |
| must contain at least the number of signatures equal to 0.5% of | 6 |
| the
primary electors of his or her party in the territory | 7 |
| comprising the counties.
| 8 |
| (k) Any other office. If a candidate seeks any other | 9 |
| office, then the
candidate's petition for nomination must | 10 |
| contain at least the number of
signatures equal to 0.5% of the | 11 |
| registered voters of the political subdivision,
district, or | 12 |
| division for which the nomination is made or 25 signatures,
| 13 |
| whichever is greater.
| 14 |
| For purposes of this Section the number of primary electors | 15 |
| shall be
determined by taking the total vote cast, in the | 16 |
| applicable district, for the
candidate for that political party | 17 |
| who received the highest number of votes,
statewide, at the | 18 |
| last general election in the State at which electors for
| 19 |
| President of the United States were elected. For political | 20 |
| subdivisions, the
number of primary electors shall be | 21 |
| determined by taking the total vote
cast for the candidate for | 22 |
| that political party who received the highest number
of votes | 23 |
| in the political subdivision at the last regular election at | 24 |
| which an
officer was regularly scheduled to be elected from | 25 |
| that subdivision. For wards
or districts of political | 26 |
| subdivisions, the number of primary electors shall be
| 27 |
| determined by taking the total vote cast for the candidate for | 28 |
| that political
party who received the highest number of votes | 29 |
| in the ward or district at the
last regular election at which | 30 |
| an officer was regularly scheduled to be elected
from that ward | 31 |
| or district.
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| A "qualified primary elector" of a party may not
sign | 33 |
| petitions for or be a candidate in the primary of more than
one | 34 |
| party.
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| The changes made to this Section of this amendatory Act of | 36 |
| the 93rd General
Assembly are declarative of existing law, |
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| except for item (3) of subsection
(d).
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| Petitions of candidates for nomination for offices herein | 3 |
| specified,
to be filed with the same officer, may contain the | 4 |
| names of 2 or more
candidates of the same political party for | 5 |
| the same or different
offices.
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| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
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| (10 ILCS 5/7A-1) (from Ch. 46, par. 7A-1)
| 8 |
| Sec. 7A-1. Any Supreme, Appellate or Circuit Judge who has | 9 |
| been elected
to that office and who seeks to be retained in | 10 |
| that office under subsection
(d) of Section 12 of Article VI of | 11 |
| the Constitution shall file a declaration
of candidacy to | 12 |
| succeed himself in the office of the Secretary of State
on or | 13 |
| before the first Monday in December before the general election | 14 |
| preceding
the expiration of his term of office. Within 3 | 15 |
| business days thereafter,
the Secretary of State shall certify | 16 |
| to the State Board of Elections the
names of all incumbent | 17 |
| judges who were eligible to stand for retention at
the next | 18 |
| general election but failed to timely file a declaration of
| 19 |
| candidacy to succeed themselves in office or, having timely | 20 |
| filed such a
declaration, withdrew it. The State Board of | 21 |
| Elections may rely upon the
certification from the Secretary of | 22 |
| State (a) to determine when vacancies
in judicial office exist | 23 |
| and (b) to determine the judicial positions for
which elections | 24 |
| will be held. The Secretary of State, not less
than 63 days | 25 |
| before the election, shall certify the Judge's candidacy to
the | 26 |
| proper election officials. | 27 |
| A Supreme, Appellate, or Circuit Judge who fails to timely | 28 |
| file a declaration of candidacy to succeed himself or herself | 29 |
| in office may not file petitions of candidacy for the vacancy | 30 |
| in that office created by that failure.
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| The names of Judges seeking retention shall
be submitted to | 32 |
| the electors, separately and without party designation,
on the | 33 |
| sole question whether each Judge shall be retained in office | 34 |
| for
another term. The retention elections shall be conducted at | 35 |
| general elections
in the appropriate Judicial District, for |
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| Supreme and Appellate Judges,
and in the circuit for Circuit | 2 |
| Judges. The affirmative vote of three-fifths
of the electors | 3 |
| voting on the question shall elect the Judge to the office
for | 4 |
| a term commencing on the first Monday in December following his | 5 |
| election.
| 6 |
| (Source: P.A. 86-1348.)
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