Full Text of HB3817 98th General Assembly
HB3817enr 98TH GENERAL ASSEMBLY |
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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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