Full Text of SB2826 103rd General Assembly
SB2826 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2826 Introduced 1/19/2024, by Sen. Neil Anderson - Sue Rezin - Jil Tracy 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 |
| Amends the Election Code. Requires a person who has not timely filed valid nomination papers and who intends to become a write-in candidate for a political party's nomination for any office for which the nomination is uncontested to file a written statement or notice of that intent with the local election official where the candidate is seeking to appear on the ballot (rather than to file a written statement or notice of that intent with the State Board of Elections or the local election official with whom nomination papers for such office are filed). |
| |
| | A BILL FOR |
| | | | SB2826 | | LRB103 35768 AWJ 65850 b |
|
| 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 and 7-12 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, | 10 | | no primary shall be held for an established political party in | 11 | | any township, municipality, or ward thereof, where the | 12 | | nomination of such party for every office to be voted upon by | 13 | | the electors of such township, municipality, or ward thereof, | 14 | | is 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 | 18 | | for that party in such township, municipality, or ward | 19 | | thereof; provided that the primary ballot shall not include | 20 | | those offices within such township, municipality, or ward | 21 | | thereof, for which the nomination is uncontested. For purposes | 22 | | of this Article, the nomination of an established political | 23 | | party of a candidate for election to an office shall be deemed |
| | | SB2826 | - 2 - | LRB103 35768 AWJ 65850 b |
|
| 1 | | to be uncontested where not more than the number of persons to | 2 | | be nominated have timely filed valid nomination papers seeking | 3 | | the nomination of such party for election to such office. | 4 | | (c) Notwithstanding the provisions of any other statute, | 5 | | no 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 | 14 | | the 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 in subsection (b) and | 18 | | (c) of this Section , whenever a person who has not timely filed | 19 | | valid nomination papers and who intends to become a write-in | 20 | | candidate for a political party's nomination for any office | 21 | | for which the nomination is uncontested files a written | 22 | | statement or notice of that intent with the State Board of | 23 | | Elections or the local election official where the candidate | 24 | | is seeking to appear on the ballot with whom nomination papers | 25 | | for such office are filed , a primary ballot shall be prepared | 26 | | and a primary shall be held for that office. Such statement or |
| | | SB2826 | - 3 - | LRB103 35768 AWJ 65850 b |
|
| 1 | | notice shall be filed on or before the date established in this | 2 | | Article for certifying candidates for the primary ballot. Such | 3 | | statement or notice shall contain (i) the name and address of | 4 | | the person intending to become a write-in candidate, (ii) a | 5 | | statement that the person is a qualified primary elector of | 6 | | the political party from whom the nomination is sought, (iii) | 7 | | a statement that the person intends to become a write-in | 8 | | candidate for the party's nomination, and (iv) the office the | 9 | | person is seeking as a write-in candidate. An election | 10 | | authority shall have no duty to conduct a primary and prepare a | 11 | | primary ballot for any office for which the nomination is | 12 | | uncontested, unless a statement or notice meeting the | 13 | | requirements of this Section is filed in a timely manner. | 14 | | (e) The polls shall be open from 6:00 a.m. to 7:00 p.m. | 15 | | (Source: P.A. 86-873.) | 16 | | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12) | 17 | | Sec. 7-12. All petitions for nomination shall be filed by | 18 | | mail or in person as follows: | 19 | | (1) Except as otherwise provided in this Code, where | 20 | | the nomination is to be made for a State, congressional, | 21 | | or judicial office, or for any office a nomination for | 22 | | which is made for a territorial division or district which | 23 | | comprises more than one county or is partly in one county | 24 | | and partly in another county or counties (including the | 25 | | Fox Metro Water Reclamation District), then, except as |
| | | SB2826 | - 4 - | LRB103 35768 AWJ 65850 b |
|
| 1 | | otherwise provided in this Section, such petition for | 2 | | nomination shall be filed in the principal office of the | 3 | | State Board of Elections not more than 113 and not less | 4 | | than 106 days prior to the date of the primary, but, in the | 5 | | case of petitions for nomination to fill a vacancy by | 6 | | special election in the office of representative in | 7 | | Congress from this State, such petition for nomination | 8 | | shall be filed in the principal office of the State Board | 9 | | of Elections not more than 85 days and not less than 82 | 10 | | days prior to the date of the primary. | 11 | | Where a vacancy occurs in the office of Supreme, | 12 | | Appellate or Circuit Court Judge within the 3-week period | 13 | | preceding the 106th day before a general primary election, | 14 | | petitions for nomination for the office in which the | 15 | | vacancy has occurred shall be filed in the principal | 16 | | office of the State Board of Elections not more than 92 nor | 17 | | less than 85 days prior to the date of the general primary | 18 | | election. | 19 | | Where the nomination is to be made for delegates or | 20 | | alternate delegates to a national nominating convention, | 21 | | then such petition for nomination shall be filed in the | 22 | | principal office of the State Board of Elections not more | 23 | | than 113 and not less than 106 days prior to the date of | 24 | | the primary; provided, however, that if the rules or | 25 | | policies of a national political party conflict with such | 26 | | requirements for filing petitions for nomination for |
| | | SB2826 | - 5 - | LRB103 35768 AWJ 65850 b |
|
| 1 | | delegates or alternate delegates to a national nominating | 2 | | convention, the chair of the State central committee of | 3 | | such national political party shall notify the Board in | 4 | | writing, citing by reference the rules or policies of the | 5 | | national political party in conflict, and in such case the | 6 | | Board shall direct such petitions to be filed in | 7 | | accordance with the delegate selection plan adopted by the | 8 | | state central committee of such national political party. | 9 | | (2) Where the nomination is to be made for a county | 10 | | office or trustee of a sanitary district then such | 11 | | petition shall be filed in the office of the county clerk | 12 | | not more than 113 nor less than 106 days prior to the date | 13 | | of the primary. | 14 | | (3) Where the nomination is to be made for a municipal | 15 | | or township office, such petitions for nomination shall be | 16 | | filed in the office of the local election official, not | 17 | | more than 99 nor less than 92 days prior to the date of the | 18 | | primary; provided, where a municipality's or township's | 19 | | boundaries are coextensive with or are entirely within the | 20 | | jurisdiction of a municipal board of election | 21 | | commissioners, the petitions shall be filed in the office | 22 | | of such board; and provided, that petitions for the office | 23 | | of multi-township assessor shall be filed with the | 24 | | election authority. | 25 | | (4) The petitions of candidates for State central | 26 | | committeeperson shall be filed in the principal office of |
| | | SB2826 | - 6 - | LRB103 35768 AWJ 65850 b |
|
| 1 | | the State Board of Elections not more than 113 nor less | 2 | | than 106 days prior to the date of the primary. | 3 | | (5) Petitions of candidates for precinct, township or | 4 | | ward committeepersons shall be filed in the office of the | 5 | | county clerk not more than 113 nor less than 106 days prior | 6 | | to the date of the primary. | 7 | | (6) The State Board of Elections and the various | 8 | | election authorities and local election officials with | 9 | | whom such petitions for nominations are filed shall | 10 | | specify the place where filings shall be made and upon | 11 | | receipt shall endorse thereon the day and hour on which | 12 | | each petition was filed. All petitions filed by persons | 13 | | waiting in line as of 8:00 a.m. on the first day for | 14 | | filing, or as of the normal opening hour of the office | 15 | | involved on such day, shall be deemed filed as of 8:00 a.m. | 16 | | or the normal opening hour, as the case may be. Petitions | 17 | | filed by mail and received after midnight of the first day | 18 | | for filing and in the first mail delivery or pickup of that | 19 | | day shall be deemed as filed as of 8:00 a.m. of that day or | 20 | | as of the normal opening hour of such day, as the case may | 21 | | be. All petitions received thereafter shall be deemed as | 22 | | filed in the order of actual receipt. However, 2 or more | 23 | | petitions filed within the last hour of the filing | 24 | | deadline shall be deemed filed simultaneously. Where 2 or | 25 | | more petitions are received simultaneously, the State | 26 | | Board of Elections or the various election authorities or |
| | | SB2826 | - 7 - | LRB103 35768 AWJ 65850 b |
|
| 1 | | local election officials with whom such petitions are | 2 | | filed shall break ties and determine the order of filing, | 3 | | by means of a lottery or other fair and impartial method of | 4 | | random selection approved by the State Board of Elections. | 5 | | Such lottery shall be conducted within 9 days following | 6 | | the last day for petition filing and shall be open to the | 7 | | public. Seven days written notice of the time and place of | 8 | | conducting such random selection shall be given by the | 9 | | State Board of Elections to the chair of the State central | 10 | | committee of each established political party, and by each | 11 | | election authority or local election official, to the | 12 | | County Chair of each established political party, and to | 13 | | each organization of citizens within the election | 14 | | jurisdiction which was entitled, under this Article, at | 15 | | the next preceding election, to have pollwatchers present | 16 | | on the day of election. The State Board of Elections, | 17 | | election authority or local election official shall post | 18 | | in a conspicuous, open and public place, at the entrance | 19 | | of the office, notice of the time and place of such | 20 | | lottery. The State Board of Elections shall adopt rules | 21 | | and regulations governing the procedures for the conduct | 22 | | of such lottery. All candidates shall be certified in the | 23 | | order in which their petitions have been filed. Where | 24 | | candidates have filed simultaneously, they shall be | 25 | | certified in the order determined by lot and prior to | 26 | | candidates who filed for the same office at a later time. |
| | | SB2826 | - 8 - | LRB103 35768 AWJ 65850 b |
|
| 1 | | (7) The State Board of Elections or the appropriate | 2 | | election authority or local election official with whom | 3 | | such a petition for nomination is filed shall notify the | 4 | | person for whom a petition for nomination has been filed | 5 | | of the obligation to file statements of organization, | 6 | | reports of campaign contributions, and annual reports of | 7 | | campaign contributions and expenditures under Article 9 of | 8 | | this Code. Such notice shall be given in the manner | 9 | | prescribed by paragraph (7) of Section 9-16 of this Code. | 10 | | (8) Nomination papers filed under this Section are not | 11 | | valid if the candidate named therein fails to file a | 12 | | statement of economic interests as required by the | 13 | | Illinois Governmental Ethics Act in relation to his | 14 | | candidacy with the appropriate officer by the end of the | 15 | | period for the filing of nomination papers unless he has | 16 | | filed a statement of economic interests in relation to the | 17 | | same governmental unit with that officer within a year | 18 | | preceding the date on which such nomination papers were | 19 | | filed. If the nomination papers of any candidate and the | 20 | | statement of economic interest of that candidate are not | 21 | | required to be filed with the same officer, the candidate | 22 | | must file with the officer with whom the nomination papers | 23 | | are filed a receipt from the officer with whom the | 24 | | statement of economic interests is filed showing the date | 25 | | on which such statement was filed. Such receipt shall be | 26 | | so filed not later than the last day on which nomination |
| | | SB2826 | - 9 - | LRB103 35768 AWJ 65850 b |
|
| 1 | | papers may be filed. | 2 | | (9) Except as otherwise provided in this Code, any | 3 | | person for whom a petition for nomination, or for | 4 | | committeeperson or for delegate or alternate delegate to a | 5 | | national nominating convention has been filed may cause | 6 | | his name to be withdrawn by request in writing, signed by | 7 | | him and duly acknowledged before an officer qualified to | 8 | | take acknowledgments of deeds, and filed in the principal | 9 | | or permanent branch office of the State Board of Elections | 10 | | or with the appropriate election authority or local | 11 | | election official, not later than the date of | 12 | | certification of candidates for the consolidated primary | 13 | | or general primary ballot. No names so withdrawn shall be | 14 | | certified or printed on the primary ballot. If petitions | 15 | | for nomination have been filed for the same person with | 16 | | respect to more than one political party, his name shall | 17 | | not be certified nor printed on the primary ballot of any | 18 | | party. If petitions for nomination have been filed for the | 19 | | same person for 2 or more offices which are incompatible | 20 | | so that the same person could not serve in more than one of | 21 | | such offices if elected, that person must withdraw as a | 22 | | candidate for all but one of such offices within the 5 | 23 | | business days following the last day for petition filing. | 24 | | A candidate in a judicial election may file petitions for | 25 | | nomination for only one vacancy in a subcircuit and only | 26 | | one vacancy in a circuit in any one filing period, and if |
| | | SB2826 | - 10 - | LRB103 35768 AWJ 65850 b |
|
| 1 | | petitions for nomination have been filed for the same | 2 | | person for 2 or more vacancies in the same circuit or | 3 | | subcircuit in the same filing period, his or her name | 4 | | shall be certified only for the first vacancy for which | 5 | | the petitions for nomination were filed. If he fails to | 6 | | withdraw as a candidate for all but one of such offices | 7 | | within such time his name shall not be certified, nor | 8 | | printed on the primary ballot, for any office. For the | 9 | | purpose of the foregoing provisions, an office in a | 10 | | political party is not incompatible with any other office. | 11 | | (10)(a) Notwithstanding the provisions of any other | 12 | | statute, no primary shall be held for an established | 13 | | political party in any township, municipality, or ward | 14 | | thereof, where the nomination of such party for every | 15 | | office to be voted upon by the electors of such township, | 16 | | municipality, or ward thereof, is uncontested. Whenever a | 17 | | political party's nomination of candidates is uncontested | 18 | | as to one or more, but not all, of the offices to be voted | 19 | | upon by the electors of a township, municipality, or ward | 20 | | thereof, then a primary shall be held for that party in | 21 | | such township, municipality, or ward thereof; provided | 22 | | that the primary ballot shall not include those offices | 23 | | within such township, municipality, or ward thereof, for | 24 | | which the nomination is uncontested. For purposes of this | 25 | | Article, the nomination of an established political party | 26 | | of a candidate for election to an office shall be deemed to |
| | | SB2826 | - 11 - | LRB103 35768 AWJ 65850 b |
|
| 1 | | be uncontested where not more than the number of persons | 2 | | to be nominated have timely filed valid nomination papers | 3 | | seeking the nomination of such party for election to such | 4 | | office. | 5 | | (b) Notwithstanding the provisions of any other | 6 | | statute, no primary election shall be held for an | 7 | | established political party for any special primary | 8 | | election called for the purpose of filling a vacancy in | 9 | | the office of representative in the United States Congress | 10 | | where the nomination of such political party for said | 11 | | office is uncontested. For the purposes of this Article, | 12 | | the nomination of an established political party of a | 13 | | candidate for election to said office shall be deemed to | 14 | | be uncontested where not more than the number of persons | 15 | | to be nominated have timely filed valid nomination papers | 16 | | seeking the nomination of such established party for | 17 | | election to said office. This subsection (b) shall not | 18 | | apply if such primary election is conducted on a regularly | 19 | | scheduled election day. | 20 | | (c) Notwithstanding the provisions in subparagraph (a) | 21 | | and (b) of this paragraph (10), whenever a person who has | 22 | | not timely filed valid nomination papers and who intends | 23 | | to become a write-in candidate for a political party's | 24 | | nomination for any office for which the nomination is | 25 | | uncontested files a written statement or notice of that | 26 | | intent with the State Board of Elections or the local |
| | | SB2826 | - 12 - | LRB103 35768 AWJ 65850 b |
|
| 1 | | election official where the candidate is seeking to appear | 2 | | on the ballot with whom nomination papers for such office | 3 | | are filed , a primary ballot shall be prepared and a | 4 | | primary shall be held for that office. Such statement or | 5 | | notice shall be filed on or before the date established in | 6 | | this Article for certifying candidates for the primary | 7 | | ballot. Such statement or notice shall contain (i) the | 8 | | name and address of the person intending to become a | 9 | | write-in candidate, (ii) a statement that the person is a | 10 | | qualified primary elector of the political party from whom | 11 | | the nomination is sought, (iii) a statement that the | 12 | | person intends to become a write-in candidate for the | 13 | | party's nomination, and (iv) the office the person is | 14 | | seeking as a write-in candidate. An election authority | 15 | | shall have no duty to conduct a primary and prepare a | 16 | | primary ballot for any office for which the nomination is | 17 | | uncontested unless a statement or notice meeting the | 18 | | requirements of this Section is filed in a timely manner. | 19 | | (11) If multiple sets of nomination papers are filed | 20 | | for a candidate to the same office, the State Board of | 21 | | Elections, appropriate election authority or local | 22 | | election official where the petitions are filed shall | 23 | | within 2 business days notify the candidate of his or her | 24 | | multiple petition filings and that the candidate has 3 | 25 | | business days after receipt of the notice to notify the | 26 | | State Board of Elections, appropriate election authority |
| | | SB2826 | - 13 - | LRB103 35768 AWJ 65850 b |
|
| 1 | | or local election official that he or she may cancel prior | 2 | | sets of petitions. If the candidate notifies the State | 3 | | Board of Elections, appropriate election authority or | 4 | | local election official, the last set of petitions filed | 5 | | shall be the only petitions to be considered valid by the | 6 | | State Board of Elections, election authority or local | 7 | | election official. If the candidate fails to notify the | 8 | | State Board of Elections, election authority or local | 9 | | election official then only the first set of petitions | 10 | | filed shall be valid and all subsequent petitions shall be | 11 | | void. | 12 | | (12) All nominating petitions shall be available for | 13 | | public inspection and shall be preserved for a period of | 14 | | not less than 6 months. | 15 | | (Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21; | 16 | | 102-687, eff. 12-17-21.) |
|