Full Text of HB4808 100th General Assembly
HB4808eng 100TH 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 | 5 | | Sections 7-59, 17-16.1, and 18-9.1 as follows:
| 6 | | (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
| 7 | | Sec. 7-59. (a) The person receiving the highest number of | 8 | | votes at a
primary as a candidate of a party for the nomination | 9 | | for an office shall
be the candidate of that party for such | 10 | | office, and his name as such
candidate shall be placed on the | 11 | | official ballot at the election then
next ensuing; provided, | 12 | | that where there are two or more persons to be
nominated for | 13 | | the same office or board, the requisite number of persons
| 14 | | receiving the highest number of votes shall be nominated and | 15 | | their names
shall be placed on the official ballot at the | 16 | | following election.
| 17 | | Except as otherwise provided by Section 7-8 of this Act, | 18 | | the
person receiving the highest number of votes of his party | 19 | | for
State central committeeman of his congressional district | 20 | | shall be
declared elected State central committeeman from said | 21 | | congressional
district.
| 22 | | Unless a national political party specifies that delegates | 23 | | and
alternate delegates to a National nominating convention be |
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| 1 | | allocated by
proportional selection representation according | 2 | | to the results of a
Presidential preference primary, the | 3 | | requisite number of persons
receiving the highest number of | 4 | | votes of their party for delegates and
alternate delegates to | 5 | | National nominating conventions from the State at
large, and | 6 | | the requisite number of persons receiving the highest number of
| 7 | | votes of their party for delegates and alternate delegates to | 8 | | National
nominating conventions in their respective | 9 | | congressional districts shall be
declared elected delegates | 10 | | and alternate delegates to the National
nominating conventions | 11 | | of their party.
| 12 | | A political party which elects the members to its State | 13 | | Central Committee
by Alternative B under paragraph (a) of | 14 | | Section 7-8 shall select its
congressional district delegates | 15 | | and alternate delegates to its national
nominating convention | 16 | | by proportional selection representation according to
the | 17 | | results of a Presidential preference primary in each | 18 | | congressional
district in the manner provided by the rules of | 19 | | the national political
party and the State Central Committee, | 20 | | when the rules and policies of the
national political party so | 21 | | require.
| 22 | | A political party which elects the members to its State | 23 | | Central Committee
by Alternative B under paragraph (a) of | 24 | | Section 7-8 shall select its
at large delegates and alternate | 25 | | delegates to its national
nominating convention by | 26 | | proportional selection representation according to
the results |
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| 1 | | of a Presidential preference primary in the whole State in the
| 2 | | manner provided by the rules of the national political party | 3 | | and the State
Central Committee, when the rules and policies of | 4 | | the national political
party so require.
| 5 | | The person receiving the highest number of votes of his | 6 | | party for
precinct committeeman of his precinct shall be | 7 | | declared elected precinct
committeeman from said precinct.
| 8 | | The person receiving the highest number of votes of his | 9 | | party for
township committeeman of his township or part of a | 10 | | township as the case
may be, shall be declared elected township | 11 | | committeeman from said
township or part of a township as the | 12 | | case may be. In cities where ward
committeemen are elected, the | 13 | | person receiving the highest number of
votes of his party for | 14 | | ward committeeman of his ward shall be declared
elected ward | 15 | | committeeman from said ward.
| 16 | | When two or more persons receive an equal and the highest | 17 | | number of
votes for the nomination for the same office or for | 18 | | committeeman of the
same political party, or where more than | 19 | | one person of the same
political party is to be nominated as a | 20 | | candidate for office or
committeeman, if it appears that more | 21 | | than the number of persons to be
nominated for an office or | 22 | | elected committeeman have the highest and an
equal number of | 23 | | votes for the nomination for the same office or for
election as | 24 | | committeeman, the election authority by which the returns of | 25 | | the primary
are canvassed shall decide by lot which of said | 26 | | persons shall be
nominated or elected, as the case may be. In |
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| 1 | | such case the election authority shall issue notice in writing | 2 | | to such persons of such tie vote
stating therein the place, the | 3 | | day (which shall not be more than 5 days thereafter) and the | 4 | | hour when such nomination or election shall
be so determined.
| 5 | | (b) Write-in votes shall be counted only for persons who | 6 | | have filed
notarized declarations of intent to be write-in | 7 | | candidates with the proper
election authority , or authorities , | 8 | | or State Board of Elections no earlier than 120 days prior to | 9 | | the primary, but no not later than 70 61 days prior to
the | 10 | | primary. However, whenever an objection to a candidate's | 11 | | nominating papers or petitions for any office is sustained | 12 | | under Section 10-10 after the 70th 61st day before the | 13 | | election, then write-in votes shall be counted for that | 14 | | candidate if he or she has filed a notarized declaration of | 15 | | intent to be a write-in candidate for that office with the | 16 | | proper election authority , or authorities , or State Board of | 17 | | Elections not later than 7 days prior to the election.
| 18 | | Forms for the declaration of intent to be a write-in | 19 | | candidate shall be
supplied by the election authorities or the | 20 | | State Board of Elections . Declarations of intent to be a | 21 | | write-in candidate shall include: (A) the name and address of | 22 | | the person intending to become a write-in candidate; (B) the | 23 | | office sought; (C) the date of election; and (D) the notarized | 24 | | signature of the candidate or candidates. Declarations of | 25 | | intent to be a write-in candidate that do not include items (A) | 26 | | through (D) shall not be accepted. Such declaration shall |
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| 1 | | specify the
office for which the person seeks nomination or | 2 | | election as a write-in
candidate.
| 3 | | Persons intending to become write-in candidates for the | 4 | | Offices of Governor and Lieutenant Governor shall file one | 5 | | joint declaration of intent to be a write-in candidate with the | 6 | | State Board of Elections. | 7 | | The election authority or authorities shall deliver a list | 8 | | of all persons
who have filed such declarations to the election | 9 | | judges in the appropriate
precincts prior to the primary.
| 10 | | (c) (1) Notwithstanding any other provisions of this | 11 | | Section, where
the number of candidates whose names have been | 12 | | printed on a party's
ballot for nomination for or election to | 13 | | an office at a primary is less
than the number of persons the | 14 | | party is entitled to nominate for or elect
to the office at the | 15 | | primary, a person whose name was not printed on the
party's | 16 | | primary ballot as a candidate for nomination for or election to | 17 | | the
office, is not nominated for or elected to that office as a | 18 | | result of a
write-in vote at the primary unless the number of | 19 | | votes he received equals
or exceeds the number of signatures | 20 | | required on a petition for nomination
for that office; or | 21 | | unless the number of votes he receives exceeds the
number of | 22 | | votes received by at least one of the candidates whose names | 23 | | were
printed on the primary ballot for nomination for or | 24 | | election to the same
office.
| 25 | | (2) Paragraph (1) of this subsection does not apply where | 26 | | the number
of candidates whose names have been printed on the |
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| 1 | | party's ballot for
nomination for or election to the office at | 2 | | the primary equals or exceeds
the number of persons the party | 3 | | is entitled to nominate for or elect to the
office at the | 4 | | primary.
| 5 | | (Source: P.A. 94-647, eff. 1-1-06; 95-699, eff. 11-9-07.)
| 6 | | (10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
| 7 | | Sec. 17-16.1. Write-in votes shall be counted only for | 8 | | persons who have
filed notarized declarations of intent to be | 9 | | write-in candidates with
the proper election authority , or | 10 | | authorities , or State Board of Elections no earlier than 120 | 11 | | days prior to the election, but no not later than 70 61 days | 12 | | prior to
the election. However, whenever an objection to a | 13 | | candidate's nominating papers or petitions for any office is | 14 | | sustained under Section 10-10 after the 70th 61st day before | 15 | | the election, then write-in votes shall be counted for that | 16 | | candidate if he or she has filed a notarized declaration of | 17 | | intent to be a write-in candidate for that office with the | 18 | | proper election authority , or authorities , or State Board of | 19 | | Elections not later than 7 days prior to the election.
| 20 | | Forms for the declaration of intent to be a write-in | 21 | | candidate shall
be supplied by the election authorities or the | 22 | | State Board of Elections . Declarations of intent to be a | 23 | | write-in candidate shall include: (A) the name and address of | 24 | | the person intending to become a write-in candidate; (B) the | 25 | | office sought; (C) the date of election; and (D) the notarized |
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| 1 | | signature of the candidate or candidates. Declarations of | 2 | | intent to be a write-in candidate that do not include items (A) | 3 | | through (D) shall not be accepted. Such declaration shall | 4 | | specify
the office for which the person seeks election as a | 5 | | write-in candidate.
| 6 | | Persons intending to become write-in candidates for the | 7 | | Offices of President and Vice President or Governor and | 8 | | Lieutenant Governor shall file one joint declaration of intent | 9 | | to be a write-in candidate with the State Board of Elections. | 10 | | Votes cast for either candidate shall constitute a valid | 11 | | write-in vote for the slate of candidates. | 12 | | The election authority or authorities shall deliver a list | 13 | | of all persons
who have filed such declarations to the election | 14 | | judges in the appropriate
precincts prior to the election.
| 15 | | A candidate for whom a nomination paper has been filed as a | 16 | | partisan
candidate at a primary election, and who is defeated | 17 | | for his or her
nomination at the primary election is ineligible | 18 | | to file a declaration of
intent to be a write-in candidate for | 19 | | election in that general or consolidated
election.
| 20 | | A candidate seeking election to an office for which | 21 | | candidates of
political parties are nominated by caucus who is | 22 | | a participant in the
caucus and who is defeated for his or her | 23 | | nomination at such caucus is
ineligible to file a declaration | 24 | | of intent to be a write-in candidate for
election in that | 25 | | general or consolidated election.
| 26 | | A candidate seeking election to an office for which |
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| 1 | | candidates are
nominated at a primary election on a nonpartisan | 2 | | basis and who is defeated
for his or her nomination at the | 3 | | primary election is ineligible to file a
declaration of intent | 4 | | to be a write-in candidate for election in that
general or | 5 | | consolidated election.
| 6 | | Nothing in this Section shall be construed to apply to | 7 | | votes
cast under the provisions of subsection (b) of Section | 8 | | 16-5.01.
| 9 | | (Source: P.A. 95-699, eff. 11-9-07.)
| 10 | | (10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
| 11 | | Sec. 18-9.1. Write-in votes shall be counted only for | 12 | | persons who have
filed notarized declarations of intent to be | 13 | | write-in candidates with
the proper election authority , or | 14 | | authorities , or State Board of Elections no earlier than 120 | 15 | | days prior to the election, but no not later than 70 61 days | 16 | | prior to
the election. However, whenever an objection to a | 17 | | candidate's nominating papers or petitions is sustained under | 18 | | Section 10-10 after the 70th 61st day before the election, then | 19 | | write-in votes shall be counted for that candidate if he or she | 20 | | has filed a notarized declaration of intent to be a write-in | 21 | | candidate for that office with the proper election authority , | 22 | | or authorities , or State Board of Elections not later than 7 | 23 | | days prior to the election.
| 24 | | Forms for the declaration of intent to be a write-in | 25 | | candidate shall
be supplied by the election authorities or the |
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| 1 | | State Board of Elections . Declarations of intent to be a | 2 | | write-in candidate shall include: (A) the name and address of | 3 | | the person intending to become a write-in candidate; (B) the | 4 | | office sought; (C) the date of election; and (D) the notarized | 5 | | signature of the candidate or candidates. Declarations of | 6 | | intent to be a write-in candidate that do not include items (A) | 7 | | through (D) shall not be accepted. Such declaration shall | 8 | | specify
the office for which the person seeks election as a | 9 | | write-in candidate.
| 10 | | Persons intending to become write-in candidates for the | 11 | | Offices of President and Vice President or Governor and | 12 | | Lieutenant Governor shall file one joint declaration of intent | 13 | | to be a write-in candidate with the State Board of Elections. | 14 | | Votes cast for either candidate shall constitute a valid | 15 | | write-in vote for the slate of candidates. | 16 | | The election authority or authorities shall deliver a list | 17 | | of all persons
who have filed such declarations to the election | 18 | | judges in the appropriate
precincts prior to the election.
| 19 | | A candidate for whom a nomination paper has been filed as a | 20 | | partisan
candidate at a primary election, and who is defeated | 21 | | for his or her
nomination at the primary election, is | 22 | | ineligible to file a declaration of
intent to be a write-in | 23 | | candidate for election in that general or
consolidated | 24 | | election.
| 25 | | A candidate seeking election to an office for which | 26 | | candidates of
political parties are nominated by caucus who is |
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| 1 | | a participant in the
caucus and who is defeated for his or her | 2 | | nomination at such caucus is
ineligible to file a declaration | 3 | | of intent to be a write-in candidate for
election in that | 4 | | general or consolidated election.
| 5 | | A candidate seeking election to an office for which | 6 | | candidates are
nominated at a primary election on a nonpartisan | 7 | | basis and who is defeated
for his or her nomination at the | 8 | | primary election is ineligible to file a
declaration of intent | 9 | | to be a write-in candidate for election in that
general or | 10 | | consolidated election.
| 11 | | Nothing in this Section shall be construed to apply to | 12 | | votes
cast under the provisions of subsection (b) of Section | 13 | | 16-5.01.
| 14 | | (Source: P.A. 95-699, eff. 11-9-07.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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