Full Text of HB2923 97th General Assembly
HB2923 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2923 Introduced 2/23/2011, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-13.1 | from Ch. 46, par. 7-13.1 |
10 ILCS 5/7-60.1 | from Ch. 46, par. 7-60.1 |
10 ILCS 5/10-6 | from Ch. 46, par. 10-6 |
10 ILCS 5/10-15 | from Ch. 46, par. 10-15 |
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Amends the Election Code. With respect to consolidated elections, returns the timeline for certain certifications and filings to what it was before the enactment of Public Act 96-1008. 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 | 5 | | Sections 7-13.1, 7-60.1, 10-6, and 10-15 as follows:
| 6 | | (10 ILCS 5/7-13.1) (from Ch. 46, par. 7-13.1)
| 7 | | Sec. 7-13.1. Certification of Candidates-Consolidated
| 8 | | primary. Not less than 61 68 days
before the date of the | 9 | | consolidated primary, each local election
official of each | 10 | | political subdivision required to nominate candidates
for the | 11 | | respective offices by primary shall certify to each election
| 12 | | authority whose duty it is to prepare the official ballot for | 13 | | the
consolidated primary in such political subdivision the | 14 | | names of all
candidates in whose behalf nomination papers have | 15 | | been filed in the
office of such local election official
and | 16 | | direct the election authority to place upon the official ballot | 17 | | for
the consolidated primary election the names of such | 18 | | candidates in the same
manner and in the same order as shown | 19 | | upon the certification. However,
subject to appeal, the names | 20 | | of candidates whose
nomination papers have been held invalid by | 21 | | the appropriate electoral board
provided in Section 10-9 of | 22 | | this Code shall not be so
certified. The certification
shall be | 23 | | modified as necessary to comply with the requirements of any |
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| 1 | | other
statute or any ordinance adopted pursuant to Article VII | 2 | | of the Constitution
prescribing specific provisions for | 3 | | nonpartisan elections, including without
limitation Articles | 4 | | 3, 4 and 5 of "The Municipal Code".
| 5 | | The names of candidates shall be listed on the | 6 | | certification for the
respective offices in the order in which | 7 | | the candidates have filed their
nomination papers, or as | 8 | | determined by lot, or as otherwise specified by statute.
| 9 | | In every instance where applicable, the following shall | 10 | | also be indicated
in the certification:
| 11 | | (1) Where there is to be more than one candidate | 12 | | elected to an office
from a political subdivision or | 13 | | district;
| 14 | | (2) Where a voter has the right to vote for more than | 15 | | one candidate for an office;
| 16 | | (3) The terms of the office to be on the ballot, when a | 17 | | vacancy is to
be filled for less than a full term, or when | 18 | | offices of a particular subdivision
to be on the ballot at | 19 | | the same election are to be filled for different terms;
| 20 | | (4) The territory in which a candidate is required by | 21 | | law to reside, when
such residency requirement is not | 22 | | identical to the territory of the political
subdivision | 23 | | from which the candidate is to be elected or nominated;
| 24 | | (5) Where a candidate's nominating papers or petitions | 25 | | have been objected to and the objection has been sustained | 26 | | by the electoral board established in Section 10-10, the |
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| 1 | | words "OBJECTION SUSTAINED" shall be placed under the title | 2 | | of the office being sought by the candidate and the name of | 3 | | the aggrieved candidate shall not appear; and
| 4 | | (6) Where a candidate's nominating papers or petitions | 5 | | have been objected to and the decision of the electoral | 6 | | board established in Section 10-10 is either unknown or | 7 | | known to be in judicial review, the words "OBJECTION | 8 | | PENDING" shall be placed under the title of the office | 9 | | being sought by the candidate and next to the name of the | 10 | | candidate.
| 11 | | The local election official shall issue an amended | 12 | | certification
whenever it is discovered that the original | 13 | | certification is in error.
| 14 | | (Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
| 15 | | (10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
| 16 | | Sec. 7-60.1. Certification of Candidates - Consolidated | 17 | | Election.
Each local election official of a political | 18 | | subdivision in which candidates
for the respective local | 19 | | offices are nominated at the consolidated primary
shall, no | 20 | | later than 5 days following the canvass and proclamation of the
| 21 | | results of the consolidated primary, certify to each election | 22 | | authority
whose duty it is to prepare the official ballot for | 23 | | the consolidated
election in that political subdivision the | 24 | | names of each of the candidates
who have been nominated as | 25 | | shown by the proclamation of the appropriate election authority |
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| 1 | | or who have been nominated to fill a vacancy in nomination
and | 2 | | direct the election authority to place upon the official ballot | 3 | | for the
consolidated election the names of such candidates in | 4 | | the same manner and
in the same order as shown upon the | 5 | | certification, except as otherwise
provided by this Section.
| 6 | | Whenever there are two or more persons nominated by the | 7 | | same political
party for multiple offices for any board, the | 8 | | name of the candidate of such
party receiving the highest | 9 | | number of votes in the consolidated primary
election as a | 10 | | candidate for such consolidated primary, shall be certified
| 11 | | first under the name of such office, and the names of the | 12 | | remaining
candidates of such party for such offices shall | 13 | | follow in the order of the
number of votes received by them | 14 | | respectively at the consolidated primary
election as shown by | 15 | | the official election results.
| 16 | | No person who is shown by the election authority's | 17 | | proclamation to have
been nominated at the consolidated primary | 18 | | as a write-in candidate shall
have his or her name certified | 19 | | unless such person shall have filed with the
certifying office | 20 | | or board within 5 days after the election authority's
| 21 | | proclamation a statement of candidacy pursuant to Section 7-10 | 22 | | and a
statement pursuant to Section 7-10.1.
| 23 | | Each board of election commissioners of the cities in which | 24 | | established
political party candidates for city offices are | 25 | | nominated at the
consolidated primary shall determine by a fair | 26 | | and impartial method of
random selection the order of placement |
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| 1 | | of the established political party
candidates for the | 2 | | consolidated ballot. Such determination shall be made
within 5 | 3 | | days following the canvass and proclamation of the results of | 4 | | the
consolidated primary and shall be open to the public. Three | 5 | | days written
notice of the time and place of conducting such | 6 | | random selection shall be
given, by each such election | 7 | | authority, to the County Chairman of each
established political | 8 | | party, and to each organization of citizens within
the election | 9 | | jurisdiction which was entitled, under this Article, at the
| 10 | | next preceding election, to have pollwatchers present on the | 11 | | day of
election. Each election authority shall post in a | 12 | | conspicuous, open and
public place, at the entrance of the | 13 | | election authority office, notice of
the time and place of such | 14 | | lottery.
| 15 | | Each local election official of a political subdivision in | 16 | | which
established political party candidates for the | 17 | | respective local offices are
nominated by primary shall | 18 | | determine by a fair and impartial method of
random selection | 19 | | the order of placement of the established political party
| 20 | | candidates for the consolidated election ballot and, in the | 21 | | case of certain
municipalities having annual elections, on the | 22 | | general primary ballot for
election. Such determination shall | 23 | | be made prior to the canvass and
proclamation of results of the | 24 | | consolidated primary or special municipal
primary, as the case | 25 | | may be, in the office of the local election official and
shall | 26 | | be open to the public. Three days written notice of the time |
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| 1 | | and
place of conducting such random selection shall be given, | 2 | | by each such
local election official, to the County Chairman of | 3 | | each established
political party, and to each organization of | 4 | | citizens within the election
jurisdiction which was entitled, | 5 | | under this Article, at the next preceding
election, to have | 6 | | pollwatchers present on the day of election. Each local
| 7 | | election official shall post in a conspicuous, open and public | 8 | | place notice of
such lottery. Immediately thereafter, the local | 9 | | election official shall
certify the ballot placement order so | 10 | | determined to the proper election
authorities charged with the | 11 | | preparation of the consolidated election, or
general primary,
| 12 | | ballot for that political subdivision.
| 13 | | Not less than 61 68 days before the date of the | 14 | | consolidated election, each
local election official of a | 15 | | political subdivision in which established
political party | 16 | | candidates for the respective local offices have been
nominated | 17 | | by caucus or have been nominated because no primary was | 18 | | required
to be held shall certify to each election authority | 19 | | whose duty it is to
prepare the official ballot for the | 20 | | consolidated election in that political
subdivision the names | 21 | | of each of the candidates whose certificates of
nomination or | 22 | | nomination papers have been filed in his or her office and
| 23 | | direct the election authority to place upon the official ballot | 24 | | for the
consolidated election the names of such candidates in | 25 | | the same manner and
in the same order as shown upon the | 26 | | certification. Such local election
official shall, prior to |
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| 1 | | certification, determine by a fair and impartial
method of | 2 | | random selection the order of placement of the established
| 3 | | political party candidates for the consolidated election | 4 | | ballot. Such
determination shall be made in the office of the | 5 | | local election official
and shall be open to the public. Three | 6 | | days written notice of the time and
place of conducting such | 7 | | random selection shall be given by each such local
election | 8 | | official to the county chairman of each established political
| 9 | | party, and to each organization of citizens within the election
| 10 | | jurisdiction which was entitled, under this Article, at the | 11 | | next preceding
election, to have pollwatchers present on the | 12 | | day of election. Each local
election official shall post in a | 13 | | conspicuous, open and public place, at the
entrance of the | 14 | | office, notice of the time and place of such lottery. The
local | 15 | | election official shall certify the ballot placement order so
| 16 | | determined as part of his official certification of candidates | 17 | | to the
election authorities whose duty it is to prepare the | 18 | | official ballot for
the consolidated election in that political | 19 | | subdivision.
| 20 | | The certification shall indicate, where applicable, the | 21 | | following:
| 22 | | (1) The political party affiliation of the candidates | 23 | | for the respective offices;
| 24 | | (2) If there is to be more than one candidate elected | 25 | | or nominated to an
office from the State, political | 26 | | subdivision or district;
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| 1 | | (3) If the voter has the right to vote for more than | 2 | | one candidate for an office;
| 3 | | (4) The term of office, if a vacancy is to be filled | 4 | | for less than a
full term or if the offices to be filled in | 5 | | a political subdivision or
district are for different | 6 | | terms.
| 7 | | The local election official shall issue an amended | 8 | | certification whenever
it is discovered that the original | 9 | | certification is in error.
| 10 | | (Source: P.A. 96-1008, eff. 7-6-10.)
| 11 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 12 | | Sec. 10-6. Time and manner of filing. Certificates
of
| 13 | | nomination and nomination papers for the nomination of | 14 | | candidates for
offices to be filled by electors of the entire | 15 | | State, or any district
not entirely within a county, or for | 16 | | congressional, state legislative or
judicial offices, shall be | 17 | | presented to the principal office of the
State Board of | 18 | | Elections not more than 141 nor less than 134
days previous
to | 19 | | the day of election for which the candidates are nominated. The
| 20 | | State Board of Elections shall endorse the certificates of | 21 | | nomination or
nomination papers, as the case may be, and the | 22 | | date and hour of
presentment to it. Except as otherwise | 23 | | provided in this section, all
other certificates for the | 24 | | nomination of candidates shall be filed with
the county clerk | 25 | | of the respective counties not more than 141 but at
least 134 |
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| 1 | | days previous to the day of such election. Certificates
of
| 2 | | nomination and nomination papers for the nomination of | 3 | | candidates for
the offices of political subdivisions to be | 4 | | filled at regular elections
other than the general election | 5 | | shall be filed with the local election
official of such | 6 | | subdivision:
| 7 | | (1) (Blank);
| 8 | | (2) not more than 78 113 nor less than 71 106 days | 9 | | prior to the
consolidated
election; or
| 10 | | (3) not more than 113 nor less than 106 days prior to | 11 | | the general
primary in the case of municipal offices to be | 12 | | filled at the general
primary election; or
| 13 | | (4) not more than 99 nor less than 92 days before the
| 14 | | consolidated
primary in the case of municipal offices to be | 15 | | elected on a nonpartisan
basis pursuant to law (including | 16 | | without limitation, those municipal
offices subject to | 17 | | Articles 4 and 5 of the Municipal Code); or
| 18 | | (5) not more than 113 nor less than 106 days before the | 19 | | municipal
primary in even numbered years for such | 20 | | nonpartisan municipal offices
where annual elections are | 21 | | provided; or
| 22 | | (6) in the case of petitions for the office of | 23 | | multi-township assessor,
such petitions shall be filed | 24 | | with the election authority not more than
113 nor less than | 25 | | 106 days before the consolidated election.
| 26 | | However, where a political subdivision's boundaries are |
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| 1 | | co-extensive
with or are entirely within the jurisdiction of a | 2 | | municipal board of
election commissioners, the certificates of | 3 | | nomination and nomination
papers for candidates for such | 4 | | political subdivision offices shall be filed
in the office of | 5 | | such Board.
| 6 | | (Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
| 7 | | (10 ILCS 5/10-15) (from Ch. 46, par. 10-15)
| 8 | | Sec. 10-15. Not less than 61 68 days before the date of the | 9 | | consolidated and
nonpartisan elections, each local election | 10 | | official with whom
certificates of nomination or nominating | 11 | | petitions have been filed shall
certify to each election | 12 | | authority having jurisdiction over any of the
territory of his | 13 | | political subdivision the names of all candidates
entitled to | 14 | | be printed on the ballot for offices of that political
| 15 | | subdivision to be voted upon at such election and direct the | 16 | | election
authority to place upon the official ballot for such | 17 | | election the names of
such candidates in the same manner and in | 18 | | the same order as shown upon the
certification.
| 19 | | The local election officials shall certify such candidates | 20 | | for each
office in the order in which such candidates' | 21 | | certificates of nomination
or nominating petitions were filed | 22 | | in his office. However, subject to appeal,
the names of | 23 | | candidates whose petitions have been held invalid by the | 24 | | appropriate
electoral board provided in Section 10-9 of this | 25 | | Act shall not be so certified. The
certification shall be |
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| 1 | | modified as necessary to comply with the
requirements of any | 2 | | other statute or any ordinance adopted pursuant to
Article VII | 3 | | of the Constitution prescribing specific provisions for
| 4 | | nonpartisan elections, including without limitation Articles 4 | 5 | | and 5 of
"The Municipal Code" or Article 9 of The School Code.
| 6 | | In every instance where applicable, the following shall | 7 | | also be indicated
in the certification:
| 8 | | (1) The political party affiliation, if any, of the | 9 | | candidates for the
respective offices;
| 10 | | (2) Where there is to be more than one candidate | 11 | | elected to an office
from a political subdivision or | 12 | | district;
| 13 | | (3) Where a voter has the right to vote for more than | 14 | | one
candidate for an office;
| 15 | | (4) The terms of the office to be on the ballot, when a | 16 | | vacancy is to
be filled for less than a full term, or when | 17 | | offices of a particular subdivision
to be on the ballot at | 18 | | the same election are to be filled for different terms;
| 19 | | (5) The territory in which a candidate is required by | 20 | | law to reside, when
such residency requirement is not | 21 | | identical to the territory of the political
subdivision | 22 | | from which the candidate is to be elected or nominated;
| 23 | | (6) Where a candidate's nominating papers or petitions | 24 | | have been objected to and the objection has been sustained | 25 | | by the electoral board established in Section 10-10, the | 26 | | words "OBJECTION SUSTAINED" shall be placed under the title |
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| 1 | | of the office being sought by the candidate and the name of | 2 | | the aggrieved candidate shall not appear; and
| 3 | | (7) Where a candidate's nominating papers or petitions | 4 | | have been objected to and the decision of the electoral | 5 | | board established in Section 10-10 is either unknown or | 6 | | known to be in judicial review, the words "OBJECTION | 7 | | PENDING" shall be placed under the title of the office | 8 | | being sought by the candidate and next to the name of the | 9 | | candidate.
| 10 | | For the consolidated election, and for the general primary | 11 | | in the case
of certain municipalities having annual elections, | 12 | | the candidates of new
political parties shall be placed on the | 13 | | ballot for such elections after
the established political party | 14 | | candidates and in the order of new political
party petition | 15 | | filings.
| 16 | | The local election official shall issue an amended | 17 | | certification
whenever it is discovered that the original | 18 | | certification is in error.
| 19 | | (Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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