Full Text of HB2918 99th General Assembly
HB2918 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB2918 Introduced , by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/10-6 | from Ch. 46, par. 10-6 | 105 ILCS 5/9-10 | from Ch. 122, par. 9-10 |
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Amends the Election Code. Provides that certificates of nomination and nomination papers for the nomination of candidates for school district offices to be filled at consolidated elections shall be filed with the county clerk or county board of election commissioners of the county (was previously required to be filed with the "election authority") in which the principal office of the school district is located not more than 113 nor less than 106 days before the consolidated election. Amends the School Code. Removes a provision that provided that the county clerk or the county board of election commissioners shall receive and file only
those petitions which include a statement of candidacy, the required number
of voter signatures, the notarized signature of the petition circulator
and a receipt from the County Clerk showing that the candidate has filed
a statement of economic interest on or before the last day to file as required
by the Illinois Governmental Ethics Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing Section | 5 | | 10-6 as follows:
| 6 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 7 | | Sec. 10-6. Time and manner of filing. Certificates
of
| 8 | | nomination and nomination papers for the nomination of | 9 | | candidates for
offices to be filled by electors of the entire | 10 | | State, or any district
not entirely within a county, or for | 11 | | congressional, state legislative or
judicial offices, shall be | 12 | | presented to the principal office of the
State Board of | 13 | | Elections not more than 141 nor less than 134
days previous
to | 14 | | the day of election for which the candidates are nominated. The
| 15 | | State Board of Elections shall endorse the certificates of | 16 | | nomination or
nomination papers, as the case may be, and the | 17 | | date and hour of
presentment to it. Except as otherwise | 18 | | provided in this section, all
other certificates for the | 19 | | nomination of candidates shall be filed with
the county clerk | 20 | | of the respective counties not more than 141 but at
least 134 | 21 | | days previous to the day of such election. Certificates of | 22 | | nomination and nomination papers for the nomination of | 23 | | candidates for school district offices to be filled at |
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| 1 | | consolidated elections shall be filed with the county clerk or | 2 | | county board of election commissioners of the county election | 3 | | authority in which the principal office of the school district | 4 | | is located not more than 113 nor less than 106 days before the | 5 | | consolidated election. Certificates
of
nomination and | 6 | | nomination papers for the nomination of candidates for
the | 7 | | other offices of political subdivisions to be filled at regular | 8 | | elections
other than the general election shall be filed with | 9 | | the local election
official of such subdivision:
| 10 | | (1) (Blank);
| 11 | | (2) not more than 113 nor less than 106 days prior to | 12 | | the
consolidated
election; or
| 13 | | (3) not more than 113 nor less than 106 days prior to | 14 | | the general
primary in the case of municipal offices to be | 15 | | filled at the general
primary election; or
| 16 | | (4) not more than 99 nor less than 92 days before the
| 17 | | consolidated
primary in the case of municipal offices to be | 18 | | elected on a nonpartisan
basis pursuant to law (including | 19 | | without limitation, those municipal
offices subject to | 20 | | Articles 4 and 5 of the Municipal Code); or
| 21 | | (5) not more than 113 nor less than 106 days before the | 22 | | municipal
primary in even numbered years for such | 23 | | nonpartisan municipal offices
where annual elections are | 24 | | provided; or
| 25 | | (6) in the case of petitions for the office of | 26 | | multi-township assessor,
such petitions shall be filed |
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| 1 | | with the election authority not more than
113 nor less than | 2 | | 106 days before the consolidated election.
| 3 | | However, where a political subdivision's boundaries are | 4 | | co-extensive
with or are entirely within the jurisdiction of a | 5 | | municipal board of
election commissioners, the certificates of | 6 | | nomination and nomination
papers for candidates for such | 7 | | political subdivision offices shall be filed
in the office of | 8 | | such Board.
| 9 | | (Source: P.A. 98-691, eff. 7-1-14.)
| 10 | | Section 10. The School Code is amended by changing Section | 11 | | 9-10 as follows:
| 12 | | (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
| 13 | | Sec. 9-10. Candidates for office - Nominating petitions. | 14 | | Candidates for
the office of school director shall be nominated | 15 | | by petition signed by at
least 25 voters or 5% of the voters, | 16 | | whichever is less, residing within
the district and filed with | 17 | | the county clerk or the county board of election commissioners, | 18 | | as the case may be, of the county in which the principal office | 19 | | of the school district is located.
| 20 | | Nominations for members of boards of education, including | 21 | | non-high school
boards of education shall be made by a petition | 22 | | signed by at least 50 voters
or 10% of the voters, whichever is | 23 | | less, residing within the district and
shall be filed with the | 24 | | county clerk or the county board of election commissioners, as |
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| 1 | | the case may be, of the county in which the principal office of | 2 | | the school district is located. In addition
to the requirements | 3 | | of the general election law, the form of such petitions
shall | 4 | | be substantially as follows:
| 5 | | NOMINATING PETITIONS
| 6 | | (LEAVE OUT THE INAPPLICABLE PART.)
| 7 | | To the (County Clerk or County Board of Election | 8 | | Commissioners) .... of .... County:
| 9 | | We the undersigned, being (.... or more) (or 10% or more) | 10 | | (or 5% or more)
of the voters residing within said district, | 11 | | hereby petition that .... who
resides at .... in the (city or | 12 | | village) of .... in Township .... (or who
resides outside any | 13 | | city, village or incorporated town and in Township ....) in
| 14 | | said district shall be a candidate for the office of .... of | 15 | | the board of
education (or board of directors) (full term) | 16 | | (vacancy) to be voted for at the
election to be held on (insert | 17 | | date).
| 18 | | Name: .................. Address: ...................
| 19 | | In the designation of the name of a candidate on a petition | 20 | | for
nomination, the candidate's given name or names, initial or | 21 | | initials, a nickname by which the candidate is commonly known, | 22 | | or a combination thereof may be used in addition to the | 23 | | candidate's surname. If a candidate has changed his or her | 24 | | name, whether by a statutory or common law procedure in | 25 | | Illinois or any other jurisdiction, within 3 years before the |
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| 1 | | last day for filing the petition, then (i) the candidate's name | 2 | | on the petition must be followed by "formerly known as (list | 3 | | all prior names during the 3-year period) until name changed on | 4 | | (list date of each such name change)" and (ii) the petition | 5 | | must be accompanied by the candidate's affidavit stating the | 6 | | candidate's previous names during the period specified in | 7 | | clause (i) and the date or dates each of those names was | 8 | | changed; failure to meet these requirements shall be grounds | 9 | | for denying certification of the candidate's name for the | 10 | | ballot, but these requirements do not apply to name changes | 11 | | resulting from adoption to assume an adoptive parent's or | 12 | | parents' surname, marriage to assume a spouse's surname, or | 13 | | dissolution of marriage or declaration of invalidity of | 14 | | marriage to assume a former surname. No other designation, such | 15 | | as a political slogan, as defined by Section 7-17 of the | 16 | | Election Code, title or degree, or nickname suggesting or | 17 | | implying possession of a title, degree or professional status, | 18 | | or similar information may be used in connection with the | 19 | | candidate's surname.
| 20 | | Nomination papers filed under this Section are not valid | 21 | | unless the candidate
named therein files with the county clerk | 22 | | or the county board of election commissioners, as the case may | 23 | | be, of the county in which the principal office of the school | 24 | | district is located a receipt
from the county clerk showing | 25 | | that the candidate has filed a statement of
economic interests | 26 | | as required by the Illinois Governmental Ethics Act.
Such |
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| 1 | | receipt shall be so filed either previously during the calendar | 2 | | year
in which his nomination papers were filed or within the | 3 | | period for the filing
of nomination papers in accordance with | 4 | | the general election law.
| 5 | | All petitions for the nomination of members of a board of | 6 | | education shall
be filed with the county clerk or the county | 7 | | board of election commissioners, as the case may be, of the | 8 | | county in which the principal office of the school district is | 9 | | located within the time provided for
by the general election | 10 | | law. The county clerk or the county board of election | 11 | | commissioners shall receive and file only
those petitions which | 12 | | include a statement of candidacy, the required number
of voter | 13 | | signatures, the notarized signature of the petition circulator
| 14 | | and a receipt from the County Clerk showing that the candidate | 15 | | has filed
a statement of economic interest on or before the | 16 | | last day to file as required
by the Illinois Governmental | 17 | | Ethics Act. The county clerk or the county board of election | 18 | | commissioners may have petition
forms available
for issuance to | 19 | | potential candidates, and may give notice of the petition
| 20 | | filing period by publication in a newspaper of general | 21 | | circulation within
the school district not less than 10 days | 22 | | prior to the first day of filing.
The county clerk or the | 23 | | county board of election commissioners shall make | 24 | | certification to the proper election authorities
in accordance | 25 | | with the general election law.
| 26 | | The county clerk or the county board of election |
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| 1 | | commissioners, as the case may be, of the county in which the | 2 | | principal office of the school district is located shall notify | 3 | | the candidates
for whom a petition for nomination is filed or | 4 | | the appropriate committee
of the obligations under the Campaign | 5 | | Financing Act as provided in the general
election law. Such | 6 | | notice
shall be given on a form prescribed by the State Board | 7 | | of Elections and
in accordance with the requirements of the | 8 | | general election law. The county clerk or county board of | 9 | | election commissioners
shall within 7 days of filing or on the | 10 | | last day for filing, whichever is
earlier, acknowledge to the | 11 | | petitioner in writing the office's acceptance of the
petition.
| 12 | | A candidate for membership on the board of education or for | 13 | | office as a
school director, who has petitioned for nomination | 14 | | to fill a full term and
to fill a vacant term to be voted upon | 15 | | at the same election, must withdraw
his or her petition for | 16 | | nomination from either the full term or the vacant
term by | 17 | | written declaration.
| 18 | | In all newly organized districts the petition for the | 19 | | nomination of
candidates
for members of the board of education | 20 | | at the first election shall be addressed
to and filed with the | 21 | | regional superintendent of schools in the manner herein
| 22 | | specified for the petitions for
members of a board of | 23 | | education. For such election the regional superintendent
shall | 24 | | fulfill all duties otherwise assigned to the secretary of the | 25 | | board
of education.
| 26 | | (Source: P.A. 98-115, eff. 7-29-13.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law. |
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