Full Text of HB5004 95th General Assembly
HB5004 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5004
Introduced , by Rep. David E. Miller SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-12 |
from Ch. 46, par. 7-12 |
10 ILCS 5/7-13 |
from Ch. 46, par. 7-13 |
10 ILCS 5/8-9 |
from Ch. 46, par. 8-9 |
10 ILCS 5/8-17.1 |
from Ch. 46, par. 8-17.1 |
10 ILCS 5/10-6 |
from Ch. 46, par. 10-6 |
10 ILCS 5/10-10 |
from Ch. 46, par. 10-10 |
10 ILCS 5/10-10.1 |
from Ch. 46, par. 10-10.1 |
10 ILCS 5/10-11.1 |
from Ch. 46, par. 10-11.1 |
10 ILCS 5/10-11.2 |
from Ch. 46, par. 10-11.2 |
10 ILCS 5/28-2 |
from Ch. 46, par. 28-2 |
235 ILCS 5/9-2 |
from Ch. 43, par. 167 |
235 ILCS 5/9-4 |
from Ch. 43, par. 169 |
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Amends the Election Code and the Liquor Control Act of 1934. With certain exceptions, makes the filing periods for candidate and public question petitions 14 days earlier and shortens the filing period for an objector's petition by 5 days. Makes changes regarding service of an objector's petition. Requires an electoral board to make a final decision within 30 days after receiving the objector's petition. Effective immediately.
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A BILL FOR
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 7-12, 7-13, 8-9, 8-17.1, 10-6, 10-10, 10-10.1, | 6 |
| 10-11.1, 10-11.2, and 28-2 as follows:
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| (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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| Sec. 7-12. All petitions for nomination shall be filed by | 9 |
| mail or
in person as follows:
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| (1) Where the nomination is to be made for a State, | 11 |
| congressional, or
judicial office, or for any office a | 12 |
| nomination for which is made for a
territorial division or | 13 |
| district which comprises more than one county or
is partly in | 14 |
| one county and partly in another county or counties, then,
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| except as otherwise provided in this Section, such petition for | 16 |
| nomination
shall be filed in the principal office of the State | 17 |
| Board of Elections not
more than 113 99 and not less than 106 | 18 |
| 92 days prior to the date of the primary,
but, in the case of | 19 |
| petitions for nomination to fill a vacancy by special
election | 20 |
| in the office of representative in Congress from this State, | 21 |
| such
petition for nomination shall be filed in the principal | 22 |
| office of the State
Board of Elections not more than 57 days | 23 |
| and not less than 50 days prior to
the date of the primary.
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| Where a vacancy occurs in the office of Supreme, Appellate | 2 |
| or Circuit
Court Judge within the 3-week period preceding the | 3 |
| 106th 92nd day before a
general primary election, petitions for | 4 |
| nomination for the office in which
the vacancy has occurred | 5 |
| shall be filed in the principal office of the
State Board of | 6 |
| Elections not more than 92 78 nor less than 85 71 days prior to
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| the date of the general primary election.
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| Where the nomination is to be made for delegates or | 9 |
| alternate
delegates to a national nominating convention, then | 10 |
| such petition for
nomination shall be filed in the principal | 11 |
| office of the State Board of
Elections not more than 113 99 and | 12 |
| not less than 106 92 days prior to the date of
the primary; | 13 |
| provided, however, that if the rules or policies of a national
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| political party conflict with such requirements for filing | 15 |
| petitions for
nomination for delegates or alternate delegates | 16 |
| to a national nominating
convention, the chairman of the State | 17 |
| central committee of such national
political party shall notify | 18 |
| the Board in writing, citing by reference the
rules or policies | 19 |
| of the national political party in conflict, and in such
case | 20 |
| the Board shall direct such petitions to be filed not more than | 21 |
| 83 69 and
not less than 76 62 days prior to the date of the | 22 |
| primary.
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| (2) Where the nomination is to be made for a county office | 24 |
| or trustee
of a sanitary district then such petition shall be | 25 |
| filed in the office
of the county clerk not more than 113 99 | 26 |
| nor less than 106 92 days prior to the
date of the primary.
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| (3) Where the nomination is to be made for a municipal or | 2 |
| township
office, such petitions for nomination shall be filed | 3 |
| in the office of
the local election official, not more than 113 | 4 |
| 78 nor less than 106 71 days
prior to the date of the primary; | 5 |
| provided, where a municipality's or
township's boundaries are | 6 |
| coextensive with or are entirely within the
jurisdiction of a | 7 |
| municipal board of election commissioners, the petitions
shall | 8 |
| be filed in the office of such board; and provided, that | 9 |
| petitions
for the office of multi-township assessor shall be | 10 |
| filed with the election
authority.
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| (4) The petitions of candidates for State central | 12 |
| committeeman shall
be filed in the principal office of the | 13 |
| State Board of Elections not
more than 113 99 nor less than 106 | 14 |
| 92 days prior to the date of the primary.
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| (5) Petitions of candidates for precinct, township or ward
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| committeemen shall be filed in the office of the county clerk | 17 |
| not more
than 113 99 nor less than 106 92 days prior to the date | 18 |
| of the primary.
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| (6) The State Board of Elections and the various election | 20 |
| authorities
and local election officials with whom such | 21 |
| petitions for nominations
are filed shall specify the place | 22 |
| where filings shall be made and upon
receipt shall endorse | 23 |
| thereon the day and hour on which each petition
was filed. All | 24 |
| petitions filed by persons waiting in line as of 8:00
a.m. on | 25 |
| the first day for filing, or as of the normal opening hour of
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| the office involved on such day, shall be deemed filed as of |
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| 8:00 a.m.
or the normal opening hour, as the case may be. | 2 |
| Petitions filed by mail
and received after midnight of the | 3 |
| first day for filing and in the first
mail delivery or pickup | 4 |
| of that day shall be deemed as filed as of 8:00
a.m. of that day | 5 |
| or as of the normal opening hour of such day, as the
case may | 6 |
| be. All petitions received thereafter shall be deemed as filed
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| in the order of actual receipt. Where 2 or more petitions are | 8 |
| received
simultaneously, the State Board of Elections or the | 9 |
| various election
authorities or local election officials with | 10 |
| whom such petitions are
filed shall break ties and determine | 11 |
| the order of filing, by means of a
lottery or other fair and | 12 |
| impartial method of random selection approved
by the State | 13 |
| Board of Elections. Such lottery shall be conducted within
9 | 14 |
| days following the last day for petition filing and shall be | 15 |
| open to the
public. Seven days written notice of the time and | 16 |
| place of conducting such
random selection shall be given by the | 17 |
| State Board of Elections to the
chairman of the State central | 18 |
| committee of each established political
party, and by each | 19 |
| election authority or local election official, to the
County | 20 |
| Chairman of each established political party, and to each
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| organization of citizens within the election jurisdiction | 22 |
| which was
entitled, under this Article, at the next preceding | 23 |
| election, to have
pollwatchers present on the day of election. | 24 |
| The State Board of Elections,
election authority or local | 25 |
| election official shall post in a conspicuous,
open and public | 26 |
| place, at the entrance of the office, notice of the time
and |
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LRB095 18020 JAM 44103 b |
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| place of such lottery. The State Board of Elections shall adopt | 2 |
| rules
and regulations governing the procedures for the conduct | 3 |
| of such lottery.
All candidates shall be certified in the order | 4 |
| in which their petitions
have been filed. Where candidates have | 5 |
| filed simultaneously, they shall be
certified in the order | 6 |
| determined by lot and prior to candidates who filed
for the | 7 |
| same office at a later time.
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| (7) The State Board of Elections or the appropriate | 9 |
| election
authority or local election official with whom such a | 10 |
| petition for
nomination is filed shall notify the person for | 11 |
| whom a petition for
nomination has been filed of the obligation | 12 |
| to file statements of
organization, reports of campaign | 13 |
| contributions, and annual reports of
campaign contributions | 14 |
| and expenditures under Article 9 of this Act.
Such notice shall | 15 |
| be given in the manner prescribed by paragraph (7) of
Section | 16 |
| 9-16 of this Code.
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| (8) Nomination papers filed under this Section are not | 18 |
| valid if the
candidate named therein fails to file a statement | 19 |
| of economic interests
as required by the Illinois Governmental | 20 |
| Ethics Act in relation to his
candidacy with the appropriate | 21 |
| officer by the end of the period for the
filing of nomination | 22 |
| papers unless he has filed a statement of economic
interests in | 23 |
| relation to the same governmental unit with that officer
within | 24 |
| a year preceding the date on which such nomination papers were
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| filed. If the nomination papers of any candidate and the | 26 |
| statement of
economic interest of that candidate are not |
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LRB095 18020 JAM 44103 b |
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| required to be filed with
the same officer, the candidate must | 2 |
| file with the officer with whom the
nomination papers are filed | 3 |
| a receipt from the officer with whom the
statement of economic | 4 |
| interests is filed showing the date on which such
statement was | 5 |
| filed. Such receipt shall be so filed not later than the
last | 6 |
| day on which nomination papers may be filed.
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| (9) Any person for whom a petition for nomination, or for | 8 |
| committeeman or
for delegate or alternate delegate to a | 9 |
| national nominating convention has
been filed may cause his | 10 |
| name to be withdrawn by request in writing, signed
by him and | 11 |
| duly acknowledged before an officer qualified to take
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| acknowledgments of deeds, and filed in the principal or | 13 |
| permanent branch
office of the State Board of Elections or with | 14 |
| the appropriate election
authority or local election official, | 15 |
| not later than the date of
certification of candidates for the | 16 |
| consolidated primary or general primary
ballot. No names so | 17 |
| withdrawn shall be certified or printed on the
primary ballot. | 18 |
| If petitions for nomination have been filed for the
same person | 19 |
| with respect to more than one political party, his name
shall | 20 |
| not be certified nor printed on the primary ballot of any | 21 |
| party.
If petitions for nomination have been filed for the same | 22 |
| person for 2 or
more offices which are incompatible so that the | 23 |
| same person could not
serve in more than one of such offices if | 24 |
| elected, that person must
withdraw as a candidate for all but | 25 |
| one of such offices within the
5 business days following the | 26 |
| last day for petition filing. If he fails to
withdraw as a |
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| candidate for all but one of such offices within such time
his | 2 |
| name shall not be certified, nor printed on the primary ballot, | 3 |
| for any
office. For the purpose of the foregoing provisions, an | 4 |
| office in a
political party is not incompatible with any other | 5 |
| office.
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| (10) (a) Notwithstanding the provisions of any other | 7 |
| statute, no primary
shall be held for an established | 8 |
| political party in any township,
municipality, or ward | 9 |
| thereof, where the nomination of such
party for every | 10 |
| office to be voted upon by the electors of such
township, | 11 |
| municipality, or ward thereof, is uncontested. Whenever a
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| political party's nomination of candidates is uncontested | 13 |
| as to one or
more, but not all, of the offices to be voted | 14 |
| upon by the electors of a
township, municipality, or ward | 15 |
| thereof, then a primary shall
be held for that party in | 16 |
| such township, municipality, or ward thereof;
provided | 17 |
| that the primary ballot shall not include those offices
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| within such township, municipality, or ward thereof, for | 19 |
| which the
nomination is uncontested. For purposes of this | 20 |
| Article, the nomination
of an established political party | 21 |
| of a candidate for election to an office
shall be deemed to | 22 |
| be uncontested where not more than the number of persons
to | 23 |
| be nominated have timely filed valid nomination papers | 24 |
| seeking the
nomination of such party for election to such | 25 |
| office.
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| (b) Notwithstanding the provisions of any other |
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| statute, no primary
election shall be held for an | 2 |
| established political party for any special
primary | 3 |
| election called for the purpose of filling a vacancy in the | 4 |
| office
of representative in the United States Congress | 5 |
| where the nomination of
such political party for said | 6 |
| office is uncontested. For the purposes of
this Article, | 7 |
| the nomination of an established political party of a
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| candidate for election to said office shall be deemed to be | 9 |
| uncontested
where not more than the number of persons to be | 10 |
| nominated have timely filed
valid nomination papers | 11 |
| seeking the nomination of such established party
for | 12 |
| election to said office. This subsection (b) shall not | 13 |
| apply if such
primary election is conducted on a regularly | 14 |
| scheduled election day.
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| (c) Notwithstanding the provisions in subparagraph (a) | 16 |
| and (b) of this
paragraph (10), whenever a person who has | 17 |
| not timely filed valid nomination
papers and who intends to | 18 |
| become a write-in candidate for a political
party's | 19 |
| nomination for any office for which the nomination is | 20 |
| uncontested
files a written statement or notice of that | 21 |
| intent with the State Board of
Elections or the local | 22 |
| election official with whom nomination papers for
such | 23 |
| office are filed, a primary ballot shall be prepared and a | 24 |
| primary
shall be held for that office. Such statement or | 25 |
| notice shall be filed on
or before the date established in | 26 |
| this Article for certifying candidates
for the primary |
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| ballot. Such statement or notice shall contain (i) the
name | 2 |
| and address of the person intending to become a write-in | 3 |
| candidate,
(ii) a statement that the person is a qualified | 4 |
| primary elector of the
political party from whom the | 5 |
| nomination is sought, (iii) a statement that
the person | 6 |
| intends to become a write-in candidate for the party's
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| nomination, and (iv) the office the person is seeking as a | 8 |
| write-in
candidate. An election authority shall have no | 9 |
| duty to conduct a primary
and prepare a primary ballot for | 10 |
| any office for which the nomination is
uncontested unless a | 11 |
| statement or notice meeting the requirements of this
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| Section is filed in a timely manner.
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| (11) If multiple sets of nomination papers are filed for a | 14 |
| candidate to
the same office, the State Board of Elections, | 15 |
| appropriate election
authority or local election official | 16 |
| where the petitions are filed shall
within 2 business days | 17 |
| notify the candidate of his or her multiple petition
filings | 18 |
| and that the candidate has 3 business days after receipt of the
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| notice to notify the State Board of Elections, appropriate | 20 |
| election
authority or local election official that he or she | 21 |
| may cancel prior sets
of petitions. If the candidate notifies | 22 |
| the State Board of Elections,
appropriate election authority or | 23 |
| local election official, the last set of
petitions filed shall | 24 |
| be the only petitions to be considered valid by the
State Board | 25 |
| of Elections, election authority or local election official. If
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| the candidate fails to notify the State Board of Elections, |
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| election authority
or local
election official then only the | 2 |
| first set of petitions filed shall be valid
and all subsequent | 3 |
| petitions shall be void.
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| (12) All nominating petitions shall be available for public | 5 |
| inspection
and shall be preserved for a period of not less than | 6 |
| 6 months.
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| (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; | 8 |
| 87-1052.)
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| (10 ILCS 5/7-13) (from Ch. 46, par. 7-13)
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| Sec. 7-13. The board of election commissioners in cities of | 11 |
| 500,000 or more
population having such board, shall constitute | 12 |
| an electoral board for the
hearing and passing upon objections | 13 |
| to nomination petitions for ward
committeemen.
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| Such objections shall be filed in the office of the county | 15 |
| clerk within 5 business days after the last day for filing | 16 |
| nomination papers not
less than 81 days prior to the primary . | 17 |
| The objection shall state the name
and address of the objector, | 18 |
| who may be any qualified elector in the ward,
the specific | 19 |
| grounds of objection and the relief requested of the electoral
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| board. Upon the receipt of the objection, the county clerk | 21 |
| shall forthwith
transmit such objection and the petition of the | 22 |
| candidate to the board of
election commissioners. The board of | 23 |
| election commissioners shall forthwith
notify the objector and | 24 |
| candidate objected to of the time and place for
hearing hereon. | 25 |
| After a hearing upon the validity of such objections, the
board |
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LRB095 18020 JAM 44103 b |
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| shall , not less than 74 days prior to the date of the primary,
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| certify to the county clerk , its decision stating whether or | 3 |
| not the name
of the candidate shall be printed on the ballot | 4 |
| and the county clerk in his
or her certificate to the board of | 5 |
| election commissioners shall leave off
of the certificate the | 6 |
| name of the candidate for ward committeeman that the
election | 7 |
| commissioners order not to be printed on the ballot. However, | 8 |
| the
decision of the board of election commissioners is subject | 9 |
| to judicial
review as provided in Section 10-10.1.
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| The county electoral board composed as provided in Section | 11 |
| 10-9 shall
constitute an electoral board for the hearing and | 12 |
| passing upon objections
to nomination petitions for precinct | 13 |
| and township committeemen. Such
objections shall be filed in | 14 |
| the office of the county clerk within 5 business days after the | 15 |
| last day for filing nomination papers not less than
81 days | 16 |
| prior to the primary . The objection shall state the name and
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| address of the objector who may be any qualified elector in the | 18 |
| precinct or
in the township or part of a township that lies | 19 |
| outside of a city having a
population of 500,000 or more, the | 20 |
| specific grounds of objection and the
relief requested of the | 21 |
| electoral board. Upon the receipt of the objection
the county | 22 |
| clerk shall forthwith transmit such objection and the petition
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| of the candidate to the chairman of the county electoral board. | 24 |
| The
chairman of the county electoral board shall forthwith | 25 |
| notify the objector,
the candidate whose petition is objected | 26 |
| to and the other members of the
electoral board of the time and |
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HB5004 |
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| place for hearing thereon. After hearing
upon the validity of | 2 |
| such objections the board shall , not less than 74 days
prior to | 3 |
| the date of the primary, certify its decision to the county | 4 |
| clerk
stating whether or not the name of the candidate shall be | 5 |
| printed on the
ballot, and the county clerk, in his or her | 6 |
| certificate to the board of
election commissioners, shall leave | 7 |
| off of the certificate the name of the
candidate ordered by the | 8 |
| board not to be printed on the ballot, and the
county clerk | 9 |
| shall also refrain from printing on the official primary
| 10 |
| ballot, the name of any candidate whose name has been ordered | 11 |
| by the
electoral board not to be printed on the ballot. | 12 |
| However, the decision of
the board is subject to judicial | 13 |
| review as provided in Section 10-10.1.
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| In such proceedings the electoral boards have the same | 15 |
| powers as other
electoral boards under the provisions of | 16 |
| Section 10-10 of this Act and
their decisions are subject to | 17 |
| judicial review under Section 10-10.1.
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| (Source: P.A. 84-1308.)
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| (10 ILCS 5/8-9) (from Ch. 46, par. 8-9)
| 20 |
| Sec. 8-9. All petitions for nomination shall be filed by | 21 |
| mail or in
person as follows:
| 22 |
| (1) Where the nomination is made for a legislative office, | 23 |
| such
petition for nomination shall be filed in the principal | 24 |
| office of the
State Board of Elections not more than 113 99 and | 25 |
| not less than 106 92 days
prior to the date of the primary.
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LRB095 18020 JAM 44103 b |
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| (2) The State Board of Elections shall, upon receipt of | 2 |
| each
petition, endorse thereon the day and hour on which it was | 3 |
| filed.
Petitions filed by mail and received after midnight on | 4 |
| the first day for
filing and in the first mail delivery or | 5 |
| pickup of that day, shall be deemed
as filed as of 8:00 a.m. of | 6 |
| that day or as of the normal opening hour of
such day as the | 7 |
| case may be, and all petitions received thereafter shall be
| 8 |
| deemed as filed in the order of actual receipt. Where 2 or more | 9 |
| petitions
are received simultaneously, the State Board of | 10 |
| Elections shall break ties
and determine the order of filing, | 11 |
| by means of a lottery as provided in
Section 7-12 of this Code.
| 12 |
| (3) Any person for whom a petition for nomination has been | 13 |
| filed,
may cause his name to be withdrawn by a request in | 14 |
| writing, signed by
him, duly acknowledged before an officer | 15 |
| qualified to take
acknowledgments of deeds, and filed in the | 16 |
| principal or permanent branch
office of the State Board of | 17 |
| Elections not later than the date of
certification of | 18 |
| candidates for the general primary ballot, and no names so
| 19 |
| withdrawn shall be certified by the State Board
of Elections to | 20 |
| the county clerk, or printed on the primary ballot. If
| 21 |
| petitions for nomination have been filed for the same person | 22 |
| with
respect to more than one political party, his name shall | 23 |
| not be
certified nor printed on the primary ballot of any | 24 |
| party. If petitions
for nomination have been filed for the same | 25 |
| person for 2 or more offices
which are incompatible so that the | 26 |
| same person could not serve in more
than one of such offices if |
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| elected, that person must withdraw as a
candidate for all but | 2 |
| one of such offices within the 5 business days following
the | 3 |
| last day for petition filing. If he fails to withdraw as a | 4 |
| candidate for
all but one of such offices within such time, his | 5 |
| name shall not be
certified, nor printed on the primary ballot, | 6 |
| for any office. For the
purpose of the foregoing provisions, an | 7 |
| office in a political party is
not incompatible with any other | 8 |
| office.
| 9 |
| (4) If multiple sets of nomination papers are filed for a | 10 |
| candidate to
the same office, the State Board of Elections | 11 |
| shall within 2 business days
notify the candidate of his or her | 12 |
| multiple petition filings and that the
candidate has 3 business | 13 |
| days after receipt of the notice to notify the
State Board of | 14 |
| Elections that he or she may cancel prior sets of petitions.
If | 15 |
| the candidate notifies the State Board of Elections the last | 16 |
| set of
petitions filed shall be the only petitions to be | 17 |
| considered valid by the State
Board of Elections. If the | 18 |
| candidate fails to notify the State Board then
only the first | 19 |
| set of petitions filed shall be valid and all subsequent
| 20 |
| petitions shall be void.
| 21 |
| (Source: P.A. 86-875; 87-1052.)
| 22 |
| (10 ILCS 5/8-17.1) (from Ch. 46, par. 8-17.1)
| 23 |
| Sec. 8-17.1. Whenever a vacancy in the office of State | 24 |
| Senator is to be
filled by election pursuant to Article IV, | 25 |
| Section 2(d) of the Constitution
and Section 25-6 of this Code, |
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| nominations shall be made and any vacancy in
nomination shall | 2 |
| be filled pursuant to this Section:
| 3 |
| (1) If the vacancy in office occurs before the first date | 4 |
| provided in
Section 8-9 for filing nomination papers for the | 5 |
| primary in the next
even-numbered year following the | 6 |
| commencement of the term, the nominations
for the election for | 7 |
| filling such vacancy shall be made as otherwise
provided in | 8 |
| Article 8.
| 9 |
| (2) If the vacancy in office occurs during the time | 10 |
| provided in Section
8-9 for filing nomination papers for the | 11 |
| office of State Senator for the
primary in the next | 12 |
| even-numbered year following commencement of the term
of office | 13 |
| in which such vacancy occurs, the time for filing nomination
| 14 |
| papers for such office for the primary shall be not more than | 15 |
| 105 91 days and
not less than 99 85 days prior to the date of | 16 |
| the primary election.
| 17 |
| (3) If the vacancy in office occurs after the last day | 18 |
| provided in Section
8-9 for filing nomination papers for the | 19 |
| office of State Senator, a vacancy
in nomination shall be | 20 |
| deemed to have occurred and the legislative
committee of each | 21 |
| established political party shall nominate, by
resolution, a | 22 |
| candidate to fill such vacancy in nomination for the election
| 23 |
| to such office at such general election. In the proceedings to | 24 |
| fill the
vacancy in nomination the voting strength of the | 25 |
| members of the legislative
committee shall be as provided in | 26 |
| Section 8-6. The name of the candidate
so nominated shall not |
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| appear on the ballot at the general primary election.
Such | 2 |
| vacancy in nomination shall be filled prior to the date of
| 3 |
| certification of candidates for the general election.
| 4 |
| (4) The resolution to fill the vacancy shall be duly | 5 |
| acknowledged before
an officer qualified to take | 6 |
| acknowledgments of deeds and shall include,
upon its face, the | 7 |
| following information;
| 8 |
| (a) the names of the original nominee and the office | 9 |
| vacated;
| 10 |
| (b) the date on which the vacancy occurred;
| 11 |
| (c) the name and address of the nominee selected to fill | 12 |
| the vacancy and
the date of selection.
| 13 |
| The resolution to fill the vacancy shall be accompanied by | 14 |
| a Statement
of Candidacy, as prescribed in Section 7-10, | 15 |
| completed by the selected
nominee and a receipt indicating that | 16 |
| such nominee has filed a statement of
economic interests as | 17 |
| required by the Illinois Governmental Ethics Act.
| 18 |
| The provisions of Sections 10-8 through 10-10.1 relating to | 19 |
| objections to
nomination papers, hearings on objections and | 20 |
| judicial review, shall also
apply to and govern objections to | 21 |
| nomination papers and resolutions for filling
vacancies in | 22 |
| nomination filed pursuant to this Section.
| 23 |
| Unless otherwise specified herein, the nomination and | 24 |
| election provided
for in this Section shall be governed by this | 25 |
| Code.
| 26 |
| (Source: P.A. 84-790.)
|
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 2 |
| Sec. 10-6. Time and manner of filing. Certificates
of
| 3 |
| nomination and nomination papers for the nomination of | 4 |
| candidates for
offices to be filled by electors of the entire | 5 |
| State, or any district
not entirely within a county, or for | 6 |
| congressional, state legislative or
judicial offices, shall be | 7 |
| presented to the principal office of the
State Board of | 8 |
| Elections not more than 155 141 nor less than 148 134
days | 9 |
| previous
to the day of election for which the candidates are | 10 |
| nominated. The
State Board of Elections shall endorse the | 11 |
| certificates of nomination or
nomination papers, as the case | 12 |
| may be, and the date and hour of
presentment to it. Except as | 13 |
| otherwise provided in this section, all
other certificates for | 14 |
| the nomination of candidates shall be filed with
the county | 15 |
| clerk of the respective counties not more than 155 141 but at
| 16 |
| least 148 134 days previous to the day of such election. | 17 |
| Certificates
of
nomination and nomination papers for the | 18 |
| nomination of candidates for
the offices of political | 19 |
| subdivisions to be filled at regular elections
other than the | 20 |
| general election shall be filed with the local election
| 21 |
| official of such subdivision:
| 22 |
| (1) (Blank);
| 23 |
| (2) not more than 92 78 nor less than 85 71 days prior | 24 |
| to the
consolidated
election; or
| 25 |
| (3) not more than 92 78 nor less than 85 71 days prior |
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| to the general
primary in the case of municipal offices to | 2 |
| be filled at the general
primary election; or
| 3 |
| (4) not more than 92 78 nor less than 85 71 days before | 4 |
| the
consolidated
primary in the case of municipal offices | 5 |
| to be elected on a nonpartisan
basis pursuant to law | 6 |
| (including without limitation, those municipal
offices | 7 |
| subject to Articles 4 and 5 of the Municipal Code); or
| 8 |
| (5) not more than 92 78 nor less than 85 71 days before | 9 |
| the municipal
primary in even numbered years for such | 10 |
| nonpartisan municipal offices
where annual elections are | 11 |
| provided; or
| 12 |
| (6) in the case of petitions for the office of | 13 |
| multi-township assessor,
such petitions shall be filed | 14 |
| with the election authority not more than
92 78 nor less | 15 |
| than 85 71 days before the consolidated election.
| 16 |
| However, where a political subdivision's boundaries are | 17 |
| co-extensive
with or are entirely within the jurisdiction of a | 18 |
| municipal board of
election commissioners, the certificates of | 19 |
| nomination and nomination
papers for candidates for such | 20 |
| political subdivision offices shall be filed
in the office of | 21 |
| such Board.
| 22 |
| (Source: P.A. 95-699, eff. 11-9-07.)
| 23 |
| (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| 24 |
| Sec. 10-10. Within 24 hours after the receipt of the | 25 |
| certificate of
nomination or nomination papers or proposed |
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| question of public
policy, as the case may be, and the | 2 |
| objector's petition, the chairman
of the electoral board other | 3 |
| than the State Board of Elections shall
send a call by | 4 |
| registered or certified mail to each of the members of the
| 5 |
| electoral board, and to the objector who filed the objector's | 6 |
| petition, and
either to the candidate whose certificate of | 7 |
| nomination or nomination
papers are objected to or to the | 8 |
| principal proponent or attorney for
proponents of a question of | 9 |
| public policy, as the case may be, whose
petitions are objected | 10 |
| to, and shall also cause the sheriff of the county
or counties | 11 |
| in which such officers and persons reside to serve a copy of
| 12 |
| such call upon each of such officers and persons, which call | 13 |
| shall set out
the fact that the electoral board is required to | 14 |
| meet to hear and pass upon
the objections to nominations made | 15 |
| for the office, designating it, and
shall state the day, hour | 16 |
| and place at which the electoral board shall meet
for the | 17 |
| purpose, which place shall be in the
county court house in the | 18 |
| county in the case of the County Officers
Electoral Board, the | 19 |
| Municipal Officers Electoral Board, the Township
Officers | 20 |
| Electoral Board or the Education Officers Electoral Board.
The | 21 |
| Township Officers Electoral Board may meet in the township | 22 |
| offices, if
they are available, rather than the county | 23 |
| courthouse.
In
those cases where the State Board of Elections | 24 |
| is the electoral board
designated under Section 10-9, the | 25 |
| chairman of the State Board of Elections
shall, within 24 hours | 26 |
| after the receipt of the certificate of nomination
or |
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| nomination papers or petitions for a proposed amendment to | 2 |
| Article IV of
the Constitution or proposed statewide question | 3 |
| of public policy, send a
call by registered or certified mail | 4 |
| to the objector who files the
objector's petition, and either | 5 |
| to the candidate whose certificate of
nomination or nomination | 6 |
| papers are objected to or to the principal
proponent or | 7 |
| attorney for proponents of the proposed Constitutional
| 8 |
| amendment or statewide question of public policy and shall | 9 |
| state the day,
hour and place at which the electoral board | 10 |
| shall meet for the purpose,
which place may be in the Capitol | 11 |
| Building or in the principal or permanent
branch office of the | 12 |
| State Board. The day of the meeting shall not be less
than 3 | 13 |
| nor more than 5 days after the receipt of the certificate of
| 14 |
| nomination or nomination papers and the objector's petition by | 15 |
| the chairman
of the electoral board.
| 16 |
| The electoral board shall have the power to administer | 17 |
| oaths and to
subpoena and examine witnesses and at the request | 18 |
| of either party the
chairman may issue subpoenas requiring the | 19 |
| attendance of witnesses and
subpoenas duces tecum requiring the | 20 |
| production of such books, papers,
records and documents as may | 21 |
| be evidence of any matter under inquiry
before the electoral | 22 |
| board, in the same manner as witnesses are
subpoenaed in the | 23 |
| Circuit Court.
| 24 |
| Service of such subpoenas shall be made by any sheriff or | 25 |
| other
person in the same manner as in cases in such court and | 26 |
| the fees of such
sheriff shall be the same as is provided by |
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| law, and shall be paid by
the objector or candidate who causes | 2 |
| the issuance of the subpoena. In
case any person so served | 3 |
| shall knowingly neglect or refuse to obey any
such subpoena, or | 4 |
| to testify, the electoral board shall at once file a
petition | 5 |
| in the circuit court of the county in which such hearing is to
| 6 |
| be heard, or has been attempted to be heard, setting forth the | 7 |
| facts, of
such knowing refusal or neglect, and accompanying the | 8 |
| petition with a
copy of the citation and the answer, if one has | 9 |
| been filed, together
with a copy of the subpoena and the return | 10 |
| of service thereon, and shall
apply for an order of court | 11 |
| requiring such person to attend and testify,
and forthwith | 12 |
| produce books and papers, before the electoral board. Any
| 13 |
| circuit court of the state, excluding the judge who is sitting | 14 |
| on the electoral
board, upon such showing shall order such | 15 |
| person to appear and testify,
and to forthwith produce such | 16 |
| books and papers, before the electoral board
at a place to be | 17 |
| fixed by the court. If such person shall knowingly fail
or | 18 |
| refuse to obey such order of the court without lawful excuse, | 19 |
| the court
shall punish him or her by fine and imprisonment, as | 20 |
| the nature of the case
may require and may be lawful in cases | 21 |
| of contempt of court.
| 22 |
| The electoral board on the first day of its meeting shall | 23 |
| adopt rules
of procedure for the introduction of evidence and | 24 |
| the presentation of
arguments and may, in its discretion, | 25 |
| provide for the filing of briefs
by the parties to the | 26 |
| objection or by other interested persons.
|
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| In the event of a State Electoral Board hearing on | 2 |
| objections to a
petition for an amendment to Article IV of the | 3 |
| Constitution
pursuant to Section 3 of Article XIV of the | 4 |
| Constitution, or to a
petition for a question of public policy | 5 |
| to be submitted to the
voters of the entire State, the | 6 |
| certificates of the county clerks and boards
of election | 7 |
| commissioners showing the results of the random sample of
| 8 |
| signatures on the petition shall be prima facie valid and | 9 |
| accurate, and
shall be presumed to establish the number of | 10 |
| valid and invalid
signatures on the petition sheets reviewed in | 11 |
| the random sample, as prescribed
in Section 28-11 and 28-12 of | 12 |
| this Code. Either party, however, may introduce
evidence at | 13 |
| such hearing to dispute the findings as to particular | 14 |
| signatures.
In addition to the foregoing, in the absence of | 15 |
| competent evidence presented
at such hearing by a party | 16 |
| substantially challenging the results of a random
sample, or | 17 |
| showing a different result obtained by an additional sample,
| 18 |
| this certificate of a county clerk or board of election | 19 |
| commissioners shall
be presumed to establish the ratio of valid | 20 |
| to invalid signatures within
the particular election | 21 |
| jurisdiction.
| 22 |
| The electoral board shall take up the question as to | 23 |
| whether or not
the certificate of nomination or nomination | 24 |
| papers or petitions are in
proper form, and whether or not they | 25 |
| were filed within the time and
under the conditions required by | 26 |
| law, and whether or not they are the
genuine certificate of |
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| nomination or nomination papers or petitions
which they purport | 2 |
| to be, and whether or not in the case of the
certificate of | 3 |
| nomination in question it represents accurately the
decision of | 4 |
| the caucus or convention issuing it, and in general shall
| 5 |
| decide whether or not the certificate of nomination or | 6 |
| nominating papers
or petitions on file are valid or whether the | 7 |
| objections thereto should
be sustained and the decision of a | 8 |
| majority of the electoral board shall
be final subject to | 9 |
| judicial review as provided in Section 10-10.1. The
electoral | 10 |
| board must state its findings in writing and must state in
| 11 |
| writing which objections, if any, it has sustained. The | 12 |
| electoral board shall issue a written final decision as soon as | 13 |
| is practicable but not later than 30 days after receipt of the | 14 |
| objector's petition by the chairman of the electoral board, and | 15 |
| a copy of the decision shall be served upon the parties to the | 16 |
| proceedings. A decision shall be deemed to have been served | 17 |
| either on the date when a copy of the decision is personally | 18 |
| delivered or on the date when a copy of the decision is | 19 |
| deposited in the United States mail, in a sealed envelope or | 20 |
| package, with postage prepaid, addressed to each party affected | 21 |
| by the decision or to such party's attorney of record, if any, | 22 |
| at the address on record for such person in the files of the | 23 |
| electoral board.
| 24 |
| Upon the expiration of the period within which a proceeding | 25 |
| for
judicial review must be commenced under Section 10--10.1, | 26 |
| the electoral
board shall, unless a proceeding for judicial |
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| review has been commenced
within such period, transmit, by | 2 |
| registered or certified mail, a
certified copy of its ruling, | 3 |
| together with the original certificate of
nomination or | 4 |
| nomination papers or petitions and the original objector's
| 5 |
| petition, to the officer or board with whom the certificate of
| 6 |
| nomination or nomination papers or petitions, as objected to, | 7 |
| were on
file, and such officer or board shall abide by and | 8 |
| comply with the
ruling so made to all intents and purposes.
| 9 |
| (Source: P.A. 91-285, eff. 1-1-00.)
| 10 |
| (10 ILCS 5/10-10.1) (from Ch. 46, par. 10-10.1)
| 11 |
| Sec. 10-10.1. (a) Except as otherwise provided in this | 12 |
| Section, a
candidate or objector aggrieved by the decision of | 13 |
| an
electoral board may secure judicial review of such decision | 14 |
| in the circuit
court of the county in which the hearing of the | 15 |
| electoral board was held.
The party seeking judicial review | 16 |
| must file a petition with the clerk of
the court and must serve | 17 |
| a copy of the petition upon the electoral board and other | 18 |
| parties to the proceeding by registered or certified mail | 19 |
| within 5 10 days after service of the decision of the | 20 |
| electoral board as provided in Section 10-10 . The
petition | 21 |
| shall contain a brief statement of the reasons why the decision | 22 |
| of
the board should be reversed. The petitioner shall serve a | 23 |
| copy of the
petition upon the electoral board and other parties | 24 |
| to the proceeding by
registered or certified mail and shall | 25 |
| file proof of service with the clerk
of the court. No answer to |
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| the petition need be filed, but the electoral board shall cause | 2 |
| the record of proceedings before the electoral board to be | 3 |
| filed with the clerk of the court on or before the date of the | 4 |
| hearing on the petition or as ordered by the court any answer | 5 |
| must
be filed within 10 days after the filing of the petition .
| 6 |
| When a petition for judicial review is filed with the clerk | 7 |
| of the court, the party filing the petition shall forthwith | 8 |
| schedule the matter for initial presentment to the assigned | 9 |
| judge thereof, the date of which shall be not later than 2 | 10 |
| court days after the filing of the petition with the clerk of | 11 |
| the court. The petitioner shall, within one business day after | 12 |
| filing the petition for judicial review, deliver or caused to | 13 |
| be delivered to the respondents a copy of the petition, notice | 14 |
| of the scheduled date for presentment of the petition, and any | 15 |
| order or orders entered by the court, if any. The court , upon | 16 |
| presentment of the petition, shall set the matter for hearing | 17 |
| to be held not nor more than 5 within 30 days
after the | 18 |
| presentment filing of the petition and shall make its decision | 19 |
| promptly after
such hearing.
| 20 |
| The provisions of this Section for the judicial review of | 21 |
| decisions of an electoral board shall be the exclusive | 22 |
| procedures governing the review of such decisions. | 23 |
| (b) An objector or proponent aggrieved by the decision of | 24 |
| an electoral board
regarding a petition filed pursuant to | 25 |
| Section 18-120 of the Property Tax
Code
may secure a review of | 26 |
| such decision by the State Board of Elections. The
party |
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| seeking such review must file a petition therefor with the | 2 |
| State Board of
Elections within 10 days after the decision of | 3 |
| the electoral board. Any such
objector or proponent may apply | 4 |
| for and obtain judicial review of a decision of
the State Board | 5 |
| of Elections entered under this amendatory Act of 1985, in
| 6 |
| accordance with the provisions of the Administrative Review | 7 |
| Law, as amended.
| 8 |
| (Source: P.A. 88-670, eff. 12-2-94.)
| 9 |
| (10 ILCS 5/10-11.1) (from Ch. 46, par. 10-11.1)
| 10 |
| Sec. 10-11.1. Whenever a vacancy in the office of State | 11 |
| Senator is to
be filled by election pursuant to Article IV, | 12 |
| Section 2(d) of the
Constitution and Section 25-6 of this Code, | 13 |
| nominations shall be made
pursuant to this Section:
| 14 |
| (1) If the vacancy in office occurs before the first date | 15 |
| provided in
Section 10-3 for filing nomination papers for the | 16 |
| general election in the
next even-numbered year following the | 17 |
| commencement of the term, the
nomination of independent | 18 |
| candidates for such office shall be made as
otherwise provided | 19 |
| in this Article.
| 20 |
| (2) If the vacancy occurs in office after the first day for | 21 |
| filing
nomination papers for independent candidates as | 22 |
| provided in Section 10-3 but
before the first day provided in | 23 |
| Section 10-6 for filing nomination papers
for the general | 24 |
| election in the next even-numbered year following the
| 25 |
| commencement of the term, independent candidates for such |
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| office shall
file their nomination papers during the filing | 2 |
| period set forth in Section
10-6 for new political party | 3 |
| candidates.
| 4 |
| (3) If a vacancy in office occurs prior to the first day | 5 |
| provided in
Section 10-6 for filing nomination papers for new | 6 |
| political party
candidates for the next ensuing general | 7 |
| election, new political party
candidates for such office shall | 8 |
| file their nomination papers during the
filing period as set | 9 |
| forth in Section 10-6 as otherwise provided in this
Article.
| 10 |
| (4) If the vacancy in office occurs during the time | 11 |
| provided in Section
10-6 for filing nomination papers for new | 12 |
| political party candidates for
the next ensuing general | 13 |
| election, the time for independent and new
political party | 14 |
| candidates to file nomination papers for such office shall
be | 15 |
| not more than 92 78 days nor less than 85 71 days prior to the | 16 |
| date of the general
election.
| 17 |
| (5) If the vacancy in office occurs after the last day | 18 |
| provided in
Section 10-6 for filing nomination papers for new | 19 |
| political party
candidates, independent and new political | 20 |
| party candidates shall be
nominated as provided by rules and | 21 |
| regulations of the State Board of Elections.
| 22 |
| The provisions of Sections 10-8 and 10-10.1 relating to | 23 |
| objections to
nomination papers, hearings on objections and | 24 |
| judicial review, shall also
apply to and govern objections to | 25 |
| nomination papers filed pursuant to this
Section.
| 26 |
| Unless otherwise specified herein, the nomination and |
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| election provided for
in this Section shall be governed by this | 2 |
| Code.
| 3 |
| (Source: P.A. 84-790 .)
| 4 |
| (10 ILCS 5/10-11.2) (from Ch. 46, par. 10-11.2)
| 5 |
| Sec. 10-11.2. Whenever a vacancy in any elective county | 6 |
| office is to be
filled by election pursuant to Section 25-11 of | 7 |
| this Code, nominations
shall be made and any vacancy in | 8 |
| nomination shall be filled pursuant to this
Section:
| 9 |
| (1) If the vacancy in office occurs before the first date | 10 |
| provided in
Section 10-3 for filing nomination papers for the | 11 |
| general election in the
next even-numbered year following the | 12 |
| commencement of the term, the
nomination of independent | 13 |
| candidates for such office shall be made as
otherwise provided | 14 |
| in this Article.
| 15 |
| (2) If the vacancy in office occurs after the first day for | 16 |
| filing
nomination papers for independent candidates as | 17 |
| provided in Section 10-3
but before the first day provided in | 18 |
| Section 10-6 for filing nomination
papers for new political | 19 |
| party candidates for the general election in the next
| 20 |
| even-numbered year following the commencement of the term, | 21 |
| independent
candidates for such office shall file their | 22 |
| nomination papers during the
filing period set forth in Section | 23 |
| 10-6 for new political party candidates.
| 24 |
| (3) If the vacancy in office occurs prior to the first date | 25 |
| provided in
Section 10-6 for filing nomination papers for new |
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| political party
candidates for the next ensuing general | 2 |
| election, new political party
candidates for such office shall | 3 |
| file their nomination papers during the
filing period as set | 4 |
| forth in Section 10-6 for new political party candidates.
| 5 |
| (4) If the vacancy in office occurs during the time | 6 |
| provided in Section
10-6 for filing nomination papers for new | 7 |
| political party candidates for
the next ensuing general | 8 |
| election the time for independent and new
political party | 9 |
| candidates to file nomination papers for such office shall be
| 10 |
| not more than 92 78 days nor less than 85 71 days prior to the | 11 |
| date of the general
election.
| 12 |
| The provisions of Sections 10-8 through 10-10.1 relating to | 13 |
| objections to
nomination papers, hearings on objections and | 14 |
| judicial review, shall also
apply to and govern objections to | 15 |
| nomination papers filed pursuant to this Section.
| 16 |
| Unless otherwise specified herein, the nomination and | 17 |
| election provided
for in this Section shall be governed by this | 18 |
| Code.
| 19 |
| (Source: P.A. 84-790.)
| 20 |
| (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
| 21 |
| Sec. 28-2. (a) Except as otherwise provided in this | 22 |
| Section, petitions
for the submission of public questions to | 23 |
| referendum must be filed with the
appropriate officer or board | 24 |
| not less than 92 78 days prior to a regular
election to be | 25 |
| eligible for submission on the ballot at such election; and
|
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
|
| 1 |
| petitions for the submission of a question under Section 18-120 | 2 |
| of the
Property Tax Code must be filed with the appropriate | 3 |
| officer or board not more
than 10 months nor less than 6 months | 4 |
| prior to the election at which such
question is to be submitted | 5 |
| to the voters.
| 6 |
| (b) However, petitions for the submission of a public | 7 |
| question to
referendum which proposes the creation or formation | 8 |
| of a political
subdivision must be filed with the appropriate | 9 |
| officer or board not less
than 122 108 days prior to a regular | 10 |
| election to be eligible for submission on
the ballot at such | 11 |
| election.
| 12 |
| (c) Resolutions or ordinances of governing boards of | 13 |
| political
subdivisions which initiate the submission of public | 14 |
| questions pursuant
to law must be adopted not less than 79 65 | 15 |
| days before a regularly scheduled
election to be eligible for | 16 |
| submission on the ballot at such election.
| 17 |
| (d) A petition, resolution or ordinance initiating the | 18 |
| submission of a
public question may specify a regular election | 19 |
| at which the question is
to be submitted, and must so specify | 20 |
| if the statute authorizing the
public question requires | 21 |
| submission at a particular election. However,
no petition, | 22 |
| resolution or ordinance initiating the submission of a
public | 23 |
| question, other than a legislative resolution initiating an
| 24 |
| amendment to the Constitution, may specify such submission at | 25 |
| an
election more than one year, or 15 months in the case of a | 26 |
| back door referendum as defined in subsection (f), after the |
|
|
|
HB5004 |
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LRB095 18020 JAM 44103 b |
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| date on which it is filed or
adopted, as the case may be. A | 2 |
| petition, resolution or ordinance
initiating a public question | 3 |
| which specifies a particular election at
which the question is | 4 |
| to be submitted shall be so limited, and shall not
be valid as | 5 |
| to any other election, other than an emergency referendum
| 6 |
| ordered pursuant to Section 2A-1.4.
| 7 |
| (e) If a petition initiating a public question does not | 8 |
| specify a
regularly scheduled election, the public question | 9 |
| shall be submitted to
referendum at the next regular election | 10 |
| occurring not less than 92 78 days
after the filing of the | 11 |
| petition, or not less than 122 108 days after the
filing of a | 12 |
| petition for referendum to create a political subdivision. If
a | 13 |
| resolution or ordinance initiating a public question does not | 14 |
| specify a
regularly scheduled election, the public question | 15 |
| shall be submitted to
referendum at the next regular election | 16 |
| occurring not less than 79 65 days
after the adoption of the | 17 |
| resolution or ordinance.
| 18 |
| (f) In the case of back door referenda, any limitations in | 19 |
| another
statute authorizing such a referendum which restrict | 20 |
| the time in which
the initiating petition may be validly filed | 21 |
| shall apply to such
petition, in addition to the filing | 22 |
| deadlines specified in this Section
for submission at a | 23 |
| particular election. In the case of any back door
referendum, | 24 |
| the publication of the ordinance or resolution of the political
| 25 |
| subdivision shall include a notice of (1) the specific number | 26 |
| of voters
required to sign a petition requesting that a public |
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LRB095 18020 JAM 44103 b |
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| question be submitted
to the voters of the subdivision; (2) the | 2 |
| time within which the petition must
be filed; and (3) the date | 3 |
| of the prospective referendum. The secretary or
clerk of the | 4 |
| political subdivision shall provide a petition form to any
| 5 |
| individual requesting one. The legal sufficiency of that form, | 6 |
| if provided by the secretary or clerk of the political | 7 |
| subdivision, cannot be the basis of a challenge to placing the | 8 |
| back door referendum on the ballot. As used herein, a "back | 9 |
| door
referendum" is the submission of a public question to the | 10 |
| voters of a
political subdivision, initiated by a petition of | 11 |
| voters or residents of
such political subdivision, to determine | 12 |
| whether an action by the
governing body of such subdivision | 13 |
| shall be adopted or rejected.
| 14 |
| (g) A petition for the incorporation or formation of a new
| 15 |
| political subdivision whose officers are to be elected rather | 16 |
| than appointed
must have attached to it an affidavit attesting | 17 |
| that at least 122 108 days and
no more than 152 138 days prior | 18 |
| to such election notice of intention to file
such petition was | 19 |
| published in a newspaper published within the proposed
| 20 |
| political subdivision, or if none, in a newspaper of general | 21 |
| circulation
within the territory of the proposed political | 22 |
| subdivision in substantially
the following form:
| 23 |
| NOTICE OF PETITION TO FORM A NEW........
| 24 |
| Residents of the territory described below are notified | 25 |
| that a petition
will or has been filed in the Office | 26 |
| of............requesting a referendum
to establish a |
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| new........, to be called the............
| 2 |
| *The officers of the new...........will be elected on the | 3 |
| same day as the
referendum. Candidates for the governing board | 4 |
| of the new......may file
nominating petitions with the officer | 5 |
| named above until...........
| 6 |
| The territory proposed to comprise the new........is | 7 |
| described as follows:
| 8 |
| (description of territory included in petition)
| 9 |
| (signature)....................................
| 10 |
| Name and address of person or persons proposing
| 11 |
| the new political subdivision.
| 12 |
| * Where applicable.
| 13 |
| Failure to file such affidavit, or failure to publish the | 14 |
| required notice
with the correct information contained therein | 15 |
| shall render the petition,
and any referendum held pursuant to | 16 |
| such petition, null and void.
| 17 |
| Notwithstanding the foregoing provisions of this | 18 |
| subsection (g) or any
other provisions of this Code, the | 19 |
| publication of notice and affidavit
requirements of this | 20 |
| subsection (g) shall not apply to any petition filed
under | 21 |
| Article 7 or 11E of the School Code nor to any
referendum
held | 22 |
| pursuant to any such petition, and neither any petition filed | 23 |
| under
any of those Articles nor any referendum held pursuant to | 24 |
| any such petition
shall be rendered null and void because of | 25 |
| the failure to file an affidavit
or publish a notice with | 26 |
| respect to the petition or referendum as required
under this |
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| subsection (g) for petitions that are not filed under any of
| 2 |
| those Articles of the School Code.
| 3 |
| (Source: P.A. 94-30, eff. 6-14-05; 94-578, eff. 8-12-05; | 4 |
| 94-1019, eff. 7-10-06.)
| 5 |
| Section 10. The Liquor Control Act of 1934 is amended by | 6 |
| changing Sections 9-2 and 9-4 as follows:
| 7 |
| (235 ILCS 5/9-2) (from Ch. 43, par. 167)
| 8 |
| Sec. 9-2. When any legal voters of a precinct in any city, | 9 |
| village or
incorporated town of more than 200,000 inhabitants, | 10 |
| as determined by the
last preceding Federal census, desire to | 11 |
| pass upon the question of
whether the sale at retail of | 12 |
| alcoholic liquor shall be prohibited in
the precinct or at a | 13 |
| particular street address
within the
precinct, they shall, at | 14 |
| least 104 90 days before an election, file in
the office of the | 15 |
| clerk of such city, village or incorporated town, a
petition | 16 |
| directed to the clerk, containing the signatures of not less
| 17 |
| than 25% of the legal voters registered with the board of | 18 |
| election
commissioners or county clerk, as the case may be, | 19 |
| from the precinct.
Provided, however, that when the petition | 20 |
| seeks to prohibit the sale at
retail of alcoholic liquor at a | 21 |
| particular street address of a licensed
establishment within
| 22 |
| the precinct the petition shall contain the signatures of not | 23 |
| less than 40%
of the legal voters requested from that precinct.
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| The petition shall request that the proposition "Shall the sale |
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| at
retail of alcoholic liquor be prohibited in (or at) ....?" | 2 |
| be submitted to the
voters of the precinct at the next ensuing | 3 |
| election at which such
proposition may be voted upon. The | 4 |
| submission of the question to the
voters of such precinct at | 5 |
| such election shall be mandatory when the
petition has been | 6 |
| filed in proper form with the clerk. If more than one
set of | 7 |
| petitions are presented to the clerk for submission at the same
| 8 |
| election, the petition
presented first shall be given
| 9 |
| preference; however, the clerk shall provisionally accept any | 10 |
| other set of petitions setting forth the same (or
substantially | 11 |
| the same) proposition. If the first set of petitions for a
| 12 |
| proposition is found to be in proper form and is not found to | 13 |
| be invalid, it
shall be accepted by the clerk and all | 14 |
| provisionally accepted sets of
petitions setting forth the same | 15 |
| (or substantially the same) proposition shall
be rejected by | 16 |
| the clerk. If the first set of petitions for a proposition is
| 17 |
| found not to be in proper form or is found to be invalid, the | 18 |
| clerk shall (i)
reject the first set of
petitions, (ii) accept | 19 |
| the first provisionally accepted set of petitions that
is in | 20 |
| proper form and is not found to be invalid, and (iii) reject | 21 |
| all other
provisionally accepted sets of
petitions setting | 22 |
| forth the same (or substantially the same) proposition.
Notice | 23 |
| of the filing of the petition
and the result of the election | 24 |
| shall be given to the Secretary of State
at his offices in | 25 |
| both, Chicago and Springfield, Illinois. A return of
the result | 26 |
| of the election shall be made to the clerk of the city,
village |
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LRB095 18020 JAM 44103 b |
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| or incorporated town in which the precinct is located. If a
| 2 |
| majority of the voters voting upon such proposition vote "YES", | 3 |
| the sale
at retail of alcoholic liquor shall be prohibited in | 4 |
| the precinct or at
the street address.
If the sale at retail of | 5 |
| alcoholic liquor at a particular street address is prohibited | 6 |
| pursuant to this Section, the license for any
establishment at | 7 |
| that street address shall be void, and no person may apply
for | 8 |
| a license for the
sale at retail of alcoholic liquor at an | 9 |
| establishment at that
street address unless such
prohibition is | 10 |
| discontinued pursuant to Section 9-10.
| 11 |
| In cities, villages and incorporated towns of 200,000 or | 12 |
| less
population, as determined by the last preceding Federal | 13 |
| census, the vote
upon the question of prohibiting the sale at | 14 |
| retail of alcoholic liquor,
or alcoholic liquor other than beer | 15 |
| containing not more than 4% of
alcohol by volume, or alcoholic | 16 |
| liquor containing more than 4% of
alcohol by weight in the | 17 |
| original package and not for consumption on the
premises, shall | 18 |
| be by the voters of the political subdivision as a unit.
When | 19 |
| any legal voters of such a city, village or incorporated town
| 20 |
| desire to pass upon the question of whether the sale at retail | 21 |
| of
alcoholic liquor shall be prohibited in the municipality, | 22 |
| they shall, at
least 104 90 days before an election, file in | 23 |
| the office of the clerk of the
municipality, a petition | 24 |
| directed to the clerk, containing the
signatures of not less | 25 |
| than 25% of the legal voters registered with the
board of | 26 |
| election commissioners or county clerk, as the case may be,
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| from the municipality.
The petition shall request that the | 2 |
| proposition,
"Shall the sale at retail of alcoholic liquor be | 3 |
| prohibited in....?" be
submitted to the voters of the | 4 |
| municipality at the next ensuing election
at which the | 5 |
| proposition may be voted upon. The submission of the
question | 6 |
| to the voters of the municipality at such election shall be
| 7 |
| mandatory when the petition has been filed in proper form with | 8 |
| the
clerk. If more than one set of petitions are presented to | 9 |
| the clerk for
submission at the same election, setting forth | 10 |
| the same or different
propositions, the petition presented | 11 |
| first shall be given preference and
the clerk shall refuse to | 12 |
| accept any other set of petitions. Notice of
the filing of the | 13 |
| petition and the result of the election shall be given
to the | 14 |
| Secretary of State at his offices in both Chicago and
| 15 |
| Springfield, Illinois. A return of the result of the election | 16 |
| shall be
made to the clerk of the city, village or incorporated | 17 |
| town. If a
majority of the voters voting upon the proposition | 18 |
| vote "Yes", the sale
at retail of alcoholic liquor shall be | 19 |
| prohibited in the municipality.
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| In the event a municipality does not vote to prohibit the | 21 |
| sale at
retail of alcoholic liquor, the council or governing | 22 |
| body shall
ascertain and determine what portions of the | 23 |
| municipality are
predominantly residence districts. No license | 24 |
| permitting the sale of
alcoholic liquors shall be issued by the | 25 |
| local liquor commissioner or
licensing officer permitting the | 26 |
| sale of alcoholic liquors at any place
within the residence |
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| district so determined, unless the owner or owners
of at least | 2 |
| two-thirds of the frontage, 200 feet in each direction along
| 3 |
| the street and streets adjacent to the place of business for | 4 |
| which a
license is sought, file with the local liquor | 5 |
| commissioner or licensing
officer, his or their written consent | 6 |
| to the use of such place for the
sale of alcoholic liquors.
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| In each township or road district lying outside the | 8 |
| corporate limits
of a city, village or incorporated town, or in | 9 |
| a part of a township or
road district lying partly within and | 10 |
| partly outside a city, village or
incorporated town, the vote | 11 |
| of such township, road district or part
thereof, shall be as a | 12 |
| unit. When any legal voters of any such township,
or part | 13 |
| thereof, in counties under township organization, or any legal
| 14 |
| voters of such road district or part thereof, in counties not | 15 |
| under
township organization, desire to vote upon the | 16 |
| proposition as to whether
the sale at retail of alcoholic | 17 |
| liquor shall be prohibited in such
township or road district or | 18 |
| part thereof, they shall, at least 104 90 days
before an | 19 |
| election, file in the office of the township or road district
| 20 |
| clerk, of the township or road district within which the | 21 |
| election is to
be held, a petition directed to the clerk and | 22 |
| containing the signatures
of not less than 25% of the legal | 23 |
| voters registered with the county
clerk from such township or | 24 |
| road district or part thereof.
The submission of the question | 25 |
| to the voters of the township, road district
or part thereof, | 26 |
| at the next ensuing election shall be mandatory when
the |
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| petition has been filed in proper form with the clerk. If more | 2 |
| than
one set of petitions are presented to the clerk for | 3 |
| submission at the
same election, setting forth the same or | 4 |
| different propositions, the
petition presented first shall be | 5 |
| given preference and the clerk shall
refuse to accept any other | 6 |
| set of petitions. A return of the result of
such election shall | 7 |
| be made to the clerk of the township or road
district in which | 8 |
| the territory is situated, and shall also be made to
the | 9 |
| Secretary of State at his offices in both Chicago and | 10 |
| Springfield,
Illinois.
| 11 |
| (Source: P.A. 88-613, eff. 1-1-95.)
| 12 |
| (235 ILCS 5/9-4) (from Ch. 43, par. 169)
| 13 |
| Sec. 9-4. A petition for submission of the proposition | 14 |
| shall be in
substantially the following form:
| 15 |
| To the .... clerk of the (here insert the corporate or | 16 |
| legal name of
the county, township, road district, city, | 17 |
| village or incorporated
town):
| 18 |
| The undersigned, residents and legal voters of the .... | 19 |
| (insert the
legal name or correct designation of the political | 20 |
| subdivision or
precinct, as the case may be), respectfully | 21 |
| petition that you cause to
be submitted, in the manner provided | 22 |
| by law, to the voters thereof, at
the next election, the | 23 |
| proposition "Shall the sale at retail of
alcoholic liquor (or | 24 |
| alcoholic liquor other than beer containing not
more than 4% of | 25 |
| alcohol by weight) (or alcoholic liquor containing more
than 4% |
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HB5004 |
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LRB095 18020 JAM 44103 b |
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| of alcohol by weight except in the original package and not for
| 2 |
| consumption on the premises) be prohibited in this .... (or at | 3 |
| the
following address ....)?"
| 4 |
| -------------------------------------------------------------
| 5 |
| Name of P. O. address Description of precinct Date of
| 6 |
| signer (including township, road district signing
| 7 |
| street no., or part thereof, as of
| 8 |
| if any). the last general
| 9 |
| election
| 10 |
| -------------------------------------------------------------
| 11 |
| A petition for a proposition to be submitted to the voters | 12 |
| of a precinct
shall also contain in plain and nonlegal language | 13 |
| a description of the
precinct to which the proposition is to be | 14 |
| submitted at the election.
The description shall describe the | 15 |
| territory of the precinct by reference
to streets, natural or | 16 |
| artificial landmarks, addresses, or by any other
method which | 17 |
| would enable a voter signing such petition to be informed of
| 18 |
| the territory of the precinct. Each such petition for a | 19 |
| precinct
referendum shall also contain a list of the names and | 20 |
| addresses of all
licensees in the precinct.
| 21 |
| Such petition shall conform to the requirements of the | 22 |
| general election
law, as to form and signature requirements. | 23 |
| The circulator's statement
shall include an attestation of: (1) | 24 |
| that none of the signatures on this
petition sheet were signed | 25 |
| more than 4 months before the filing of this
petition, or (2) | 26 |
| the dates on which the petitioners signed the petition,
and |
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LRB095 18020 JAM 44103 b |
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| shall be sworn to before an officer residing in the county | 2 |
| where such
legal voters reside and authorized to administer | 3 |
| oaths therein. No
signature shall be revoked except by a | 4 |
| revocation filed within 20 days from
the filing of the petition | 5 |
| with the clerk with whom the petition is
required to be filed. | 6 |
| Upon request of any citizen for a photostatic copy of
the | 7 |
| petition and paying or tendering to the clerk the costs of | 8 |
| making the
photostatic copy, the clerk shall immediately make, | 9 |
| or cause to be made a
photostatic copy of such petition. The | 10 |
| clerk shall also deliver to such
person, his official | 11 |
| certification that such copy is a true copy of the
original, | 12 |
| stating the day when such original was filed in his office. Any
| 13 |
| 5 legal voters or any affected licensee of any political | 14 |
| subdivision,
district or precinct in which a proposed election | 15 |
| is about to be held as
provided for in this Act, within any | 16 |
| time up to 72 30 days immediately prior
to the date of such | 17 |
| proposed election and upon filing a bond for costs, may
contest | 18 |
| the validity of the petitions for such election by filing a
| 19 |
| verified petition in the Circuit Court for the county in which | 20 |
| the
political subdivision, district or precinct is situated, | 21 |
| setting forth
the grounds for contesting the validity of such | 22 |
| petitions. Upon the
filing of the petition, a summons shall be | 23 |
| issued by the Court,
addressed to the appropriate city, | 24 |
| village, town, township or road
district clerk, notifying the | 25 |
| clerk of the filing of the petition and
directing him to appear | 26 |
| before the Court on behalf of the political
subdivision or |
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LRB095 18020 JAM 44103 b |
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| district at the time named in the summons; provided, the
time | 2 |
| shall not be less than 5 days nor more than 15 days after the
| 3 |
| filing of the petition. The procedure in these cases, as far as | 4 |
| may be
applicable, shall be the same as that provided for the | 5 |
| objections to
petitions in the general election law. Any legal | 6 |
| voter in the political
subdivision or precinct in which such | 7 |
| election is to be held may appear in
person or by counsel, in | 8 |
| any such contest to defend or oppose the validity
of the | 9 |
| petition for election.
| 10 |
| The municipal, town or road district clerk shall certify | 11 |
| the proposition
to be submitted at the election to the | 12 |
| appropriate election officials, in
accordance with the general | 13 |
| election law, unless the petition has been
determined to be | 14 |
| invalid. If the court determines the petitions to be
invalid | 15 |
| subsequent to the certification by the clerk, the court's order
| 16 |
| shall be transmitted to the election officials and shall | 17 |
| nullify such
certification.
| 18 |
| (Source: P.A. 86-861; 87-347 .)
| 19 |
| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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