Full Text of HB3613 100th General Assembly
HB3613 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3613 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: |
| 65 ILCS 5/3.1-20-45 | | 65 ILCS 20/21-5 | from Ch. 24, par. 21-5 | 65 ILCS 20/21-12 | from Ch. 24, par. 21-12 | 65 ILCS 20/21-22 | from Ch. 24, par. 21-22 |
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Amends the Illinois Municipal Code. Provides that an office is uncontested at an election when not more than 2 (currently, 4) persons to be nominated for each office have timely filed valid nominating papers seeking nomination for the election to that office, or if a third (currently, fifth) candidate becomes a write-in candidate under specified circumstances. Amends the Revised Cities and Villages Act of 1941. Makes conforming changes for the City of Chicago.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB3613 | | LRB100 10238 AWJ 20421 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 3.1-20-45 as follows:
| 6 | | (65 ILCS 5/3.1-20-45)
| 7 | | Sec. 3.1-20-45. Nonpartisan primary elections; uncontested | 8 | | office. A city
incorporated under this Code that elects | 9 | | municipal officers at nonpartisan
primary and
general | 10 | | elections shall conduct the elections as provided in the | 11 | | Election Code,
except that
no office for which nomination is | 12 | | uncontested shall be included on the primary
ballot and
no | 13 | | primary shall be held for that office. For the purposes of this | 14 | | Section, an
office is
uncontested when not more than 2 4
| 15 | | persons to be nominated for each
office
have timely filed valid | 16 | | nominating papers seeking nomination for the election
to that
| 17 | | office.
| 18 | | Notwithstanding the preceding paragraph, when a person (i) | 19 | | who has not timely
filed valid nomination papers and (ii) who | 20 | | intends to become a write-in
candidate for
nomination for any | 21 | | office for which nomination is uncontested files a written
| 22 | | statement
or notice of that intent with the proper election | 23 | | official with whom the
nomination papers
for that office are |
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| 1 | | filed, if the write-in candidate becomes the third fifth | 2 | | candidate filed, a primary ballot must be prepared and a | 3 | | primary must
be held for
the office. The statement or notice | 4 | | must be filed on or before the 61st day
before the consolidated | 5 | | primary election.
The statement
must
contain (i) the name and | 6 | | address of the person intending to become a write-in
candidate,
| 7 | | (ii) a statement that the person intends to become a write-in | 8 | | candidate, and
(iii) the office
the person is seeking as a | 9 | | write-in candidate. An election authority has no
duty to
| 10 | | conduct a primary election or prepare a primary ballot unless a | 11 | | statement
meeting the
requirements of this paragraph is filed | 12 | | in a timely manner. | 13 | | If there is a primary election, then candidates shall be | 14 | | placed on the ballot for the next succeeding general municipal | 15 | | election in the following manner: | 16 | | (1) If one officer is to be elected, then the 2 | 17 | | candidates who receive the highest number of votes shall be | 18 | | placed on the ballot for the next succeeding general | 19 | | municipal election. | 20 | | (2) If 2 aldermen are to be elected at large, then the | 21 | | 4 candidates who receive the highest number of votes shall | 22 | | be placed on the ballot for the next succeeding general | 23 | | municipal election. | 24 | | (3) If 3 aldermen are to be elected at large, then the | 25 | | 6 candidates who receive the highest number of votes shall | 26 | | be placed on the ballot for the next succeeding general |
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| 1 | | municipal election. | 2 | | The name of a write-in candidate may not be placed on the | 3 | | ballot for the next succeeding general municipal election | 4 | | unless he or she receives a number of votes in the primary | 5 | | election that equals or exceeds the number of signatures | 6 | | required on a petition for nomination for that office or that | 7 | | exceeds the number of votes received by at least one of the | 8 | | candidates whose names were printed on the primary ballot for | 9 | | nomination for or election to the same office.
| 10 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 11 | | Section 10. The Revised Cities and Villages Act of 1941 is | 12 | | amended by changing Sections 21-5, 21-12, and 21-22 as follows:
| 13 | | (65 ILCS 20/21-5) (from Ch. 24, par. 21-5)
| 14 | | Sec. 21-5. Mayor; Term of office.
| 15 | | (a) The mayor of
the city of Chicago shall be elected in | 16 | | 1943 and quadrennially
thereafter
in a nonpartisan election. | 17 | | The candidate receiving a majority of the votes
cast for mayor | 18 | | at the consolidated primary election shall be declared mayor.
| 19 | | If no candidate receives a majority of the votes, a runoff | 20 | | election shall be
held at the consolidated election, when only | 21 | | the names of the candidates
receiving the highest and second | 22 | | highest number of votes at the consolidated
primary election | 23 | | shall appear on the ballot. If more than one candidate
received | 24 | | the highest or second highest number of votes at the |
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| 1 | | consolidated
primary election, the names of all candidates | 2 | | receiving the highest and second
highest number of votes shall | 3 | | appear on the ballot at the consolidated
election. The | 4 | | candidate receiving the highest number of votes at the
| 5 | | consolidated election shall be declared elected.
| 6 | | (b) The mayor shall hold his or her office for 4 years
| 7 | | beginning at
noon on the third Monday in May following his or | 8 | | her
election, and until his
or her successor is elected and | 9 | | qualified.
| 10 | | (c) The mayor shall be elected in a manner consistent with | 11 | | Section 3.1-20-45 of the Illinois Municipal Code. | 12 | | (Source: P.A. 93-847, eff. 7-30-04.)
| 13 | | (65 ILCS 20/21-12) (from Ch. 24, par. 21-12)
| 14 | | Sec. 21-12. City clerk and city treasurer; election; | 15 | | tenure. At the time of election of the mayor there shall be | 16 | | elected also in a nonpartisan election a city
clerk and a city | 17 | | treasurer. The candidates receiving a majority of the votes
| 18 | | cast for clerk and treasurer at the consolidated primary | 19 | | election shall be
declared the clerk and treasurer. If no | 20 | | candidate receives a majority of the
votes for one of the | 21 | | offices, a runoff election shall be held at the
consolidated | 22 | | election, when only the names of the candidates receiving the
| 23 | | highest and second highest number of votes for that office at | 24 | | the consolidated
primary election shall appear on the ballot. | 25 | | If more than one candidate
received the highest or second |
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| 1 | | highest number of votes for one of the offices
at the | 2 | | consolidated primary election, the names of all candidates | 3 | | receiving the
highest and second highest number of votes for | 4 | | that office shall appear on the
ballot at the consolidated | 5 | | election. The candidate receiving the highest
number of votes | 6 | | at the consolidated election shall be declared elected.
| 7 | | The clerk and treasurer each shall hold office for a
term | 8 | | of 4 years beginning at noon on the third Monday in May
| 9 | | following the election and until a successor is elected and | 10 | | qualified. No
person, however, shall be elected to the office | 11 | | of city treasurer for 2
terms in succession.
| 12 | | The city clerk and city treasurer shall be elected in a | 13 | | manner consistent with Section 3.1-20-45 of the Illinois | 14 | | Municipal Code. | 15 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 16 | | (65 ILCS 20/21-22) (from Ch. 24, par. 21-22)
| 17 | | Sec. 21-22. General election for aldermen; vacancies.
| 18 | | (a) A general election for aldermen shall be held in the | 19 | | year 1943 and every
4 years thereafter, at which one alderman | 20 | | shall be elected from each of the 50
wards provided for by this | 21 | | Article. The aldermen elected shall serve for a
term of 4 years | 22 | | beginning at noon on the third Monday in May following
the | 23 | | election of city officers, and until their successors are | 24 | | elected and have
qualified. All elections for aldermen shall be | 25 | | in accordance with the
provisions of law in force and operative |
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| 1 | | in the City of Chicago for such
elections at the time the | 2 | | elections are held.
| 3 | | (b) Vacancies occurring in the office of alderman shall be | 4 | | filled in the
manner prescribed for filling vacancies in | 5 | | Section 3.1-10-51 of the Illinois
Municipal Code. An | 6 | | appointment to fill a vacancy shall be made within 60 days
| 7 | | after the vacancy occurs. The requirement that an appointment | 8 | | be made within
60 days is an exclusive power and function of | 9 | | the State and is a denial and
limitation under Article VII, | 10 | | Section 6, subsection (h) of the Illinois
Constitution of the | 11 | | power of a home rule municipality to require that an
| 12 | | appointment be made within a different period after the vacancy | 13 | | occurs.
| 14 | | (c) Aldermen shall be elected in a manner consistent with | 15 | | Section 3.1-20-45 of the Illinois Municipal Code. | 16 | | (Source: P.A. 95-1041, eff. 3-25-09.)
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