Full Text of HB0762 100th General Assembly
HB0762 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0762 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/7-2 | from Ch. 46, par. 7-2 | 10 ILCS 5/7-4 | from Ch. 46, par. 7-4 | 10 ILCS 5/8-2 | from Ch. 46, par. 8-2 | 10 ILCS 5/8-3 | from Ch. 46, par. 8-3 | 10 ILCS 5/10-1 | from Ch. 46, par. 10-1 | 10 ILCS 5/10-2 | from Ch. 46, par. 10-2 | 10 ILCS 5/10-3 | from Ch. 46, par. 10-3 |
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Amends the Election Code. Changes the threshold at which a party must poll to be considered a political party, rather than a new political party, from 5% of the entire vote cast in the State in the general election for State and county officers then next preceding a primary to 2%. Includes the President of the United States in the definition of "state office" or "state officer" for certain purposes. Reduces various signature requirements to form a new political party. Makes conforming changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 7-2, 7-4, 8-2, 8-3, 10-1, 10-2, and 10-3 as follows:
| 6 | | (10 ILCS 5/7-2) (from Ch. 46, par. 7-2)
| 7 | | Sec. 7-2.
A political party, which at the general election | 8 | | for State and
county officers then next preceding a primary, | 9 | | polled more than 2 5 per cent
of the entire vote cast in the | 10 | | State, is hereby declared to be a political
party within the | 11 | | State, and shall nominate all candidates provided for in
this | 12 | | Article 7 under the provisions hereof, and shall elect | 13 | | precinct,
township, ward and State central committeemen as | 14 | | herein provided.
| 15 | | A political party, which at the general election for State | 16 | | and county
officers then next preceding a primary, cast more | 17 | | than 2 5 per cent of the
entire vote cast within any | 18 | | congressional district, is hereby declared to
be a political | 19 | | party within the meaning of this Article, within such
| 20 | | congressional district, and shall nominate its candidate for | 21 | | Representative
in Congress, under the provisions hereof. A | 22 | | political party, which at the
general election for State and | 23 | | county officers then next preceding a
primary, cast more than 2 |
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| 1 | | 5 per cent of the entire vote cast in any county,
is hereby | 2 | | declared to be a political party within the meaning of this
| 3 | | Article, within said county, and shall nominate all county | 4 | | officers in said
county under the provisions hereof, and shall | 5 | | elect precinct, township, and
ward committeemen, as herein | 6 | | provided;
| 7 | | A political party, which at the municipal election for | 8 | | city, village or
incorporated town officers then next preceding | 9 | | a primary, cast more than 2 5
per cent of the entire vote cast | 10 | | in any city or village, or incorporated
town is hereby declared | 11 | | to be a political party within the meaning of this
Article, | 12 | | within said city, village or incorporated town, and shall | 13 | | nominate
all city, village or incorporated town officers in | 14 | | said city or village or
incorporated town under the provisions | 15 | | hereof to the extent and in the
cases provided in Section 7-1.
| 16 | | A political party, which at the municipal election for town | 17 | | officers
then next preceding a primary, cast more than 2 5 per | 18 | | cent of the entire vote
cast in said town, is hereby declared | 19 | | to be a political party within the
meaning of this Article, | 20 | | within said town, and shall nominate all town
officers in said | 21 | | town under the provisions hereof to the extent and in the
cases | 22 | | provided in Section 7-1.
| 23 | | A political party, which at the municipal election in any | 24 | | other
municipality or political subdivision, (except townships | 25 | | and school
districts), for municipal or other officers therein | 26 | | then next preceding a
primary, cast more than 2 5 per cent of |
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| 1 | | the entire vote cast in such
municipality or political | 2 | | subdivision, is hereby declared to be a political
party within | 3 | | the meaning of this Article, within said municipality or
| 4 | | political subdivision, and shall nominate all municipal or | 5 | | other officers
therein under the provisions hereof to the | 6 | | extent and in the cases provided
in Section 7-1.
| 7 | | Provided, that no political organization or group shall be | 8 | | qualified as
a political party hereunder, or given a place on a | 9 | | ballot, which
organization or group is associated, directly or | 10 | | indirectly, with
Communist, Fascist, Nazi or other un-American | 11 | | principles and engages in
activities or propaganda designed to | 12 | | teach subservience to the political
principles and ideals of | 13 | | foreign nations or the overthrow by violence of
the established | 14 | | constitutional form of government of the United States and
the | 15 | | State of Illinois.
| 16 | | (Source: Laws 1943, vol. 2, p. 1 .)
| 17 | | (10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
| 18 | | Sec. 7-4.
The following words and phrases in this Article 7 | 19 | | shall,
unless the same be inconsistent with the context, be | 20 | | construed as
follows:
| 21 | | 1. The word "primary" the primary elections provided for in | 22 | | this
Article, which are the general primary, the consolidated | 23 | | primary, and for
those municipalities which have annual | 24 | | partisan elections for any officer,
the municipal primary held | 25 | | 6 weeks prior to the general primary election
date in even |
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| 1 | | numbered years.
| 2 | | 2. The definition of terms in Section 1-3 of this Act shall | 3 | | apply to
this Article.
| 4 | | 3. The word "precinct" a voting district heretofore or | 5 | | hereafter
established by law within which all qualified | 6 | | electors vote at one
polling place.
| 7 | | 4. The words "state office" or "state officer", an office | 8 | | to be
filled, or an officer to be voted for, by qualified | 9 | | electors of the
entire state, including President of the United | 10 | | States, United States Senator , and Congressman at large.
| 11 | | 5. The words "congressional office" or "congressional | 12 | | officer",
representatives in Congress.
| 13 | | 6. The words "county office" or "county officer," include | 14 | | an office
to be filled or an officer to be voted for, by the | 15 | | qualified electors of
the entire county. "County office" or | 16 | | "county officer" also include the
assessor and board of appeals | 17 | | and county commissioners and president of
county board of Cook | 18 | | County, and county board members and the chairman
of the county | 19 | | board in counties subject to "An Act relating to the
| 20 | | composition and election of county boards in certain counties", | 21 | | enacted
by the 76th General Assembly.
| 22 | | 7. The words "city office" and "village office," and | 23 | | "incorporated
town office" or "city officer" and "village | 24 | | officer", and "incorporated
town officer" an office to be | 25 | | filled or an officer to be voted for by
the qualified electors | 26 | | of the entire municipality, including aldermen.
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| 1 | | 8. The words "town office" or "town officer", an office to | 2 | | be filled
or an officer to be voted for by the qualified | 3 | | electors of an entire
town.
| 4 | | 9. The words "town" and "incorporated town" shall | 5 | | respectively be
defined as in Section 1-3 of this Act.
| 6 | | 10. The words "delegates and alternate delegates to | 7 | | National
nominating conventions" include all delegates and | 8 | | alternate delegates to
National nominating conventions whether | 9 | | they be elected from the state
at large or from congressional | 10 | | districts or selected by State convention
unless contrary and | 11 | | non-inclusive language specifically limits the term
to one | 12 | | class.
| 13 | | 11. "Judicial office" means a post held by a judge of the | 14 | | Supreme,
Appellate or Circuit Court.
| 15 | | (Source: P.A. 80-1469.)
| 16 | | (10 ILCS 5/8-2) (from Ch. 46, par. 8-2)
| 17 | | Sec. 8-2.
The term "political party" as used in this | 18 | | article shall mean a
political party which, at the general | 19 | | election for State and county officers then next preceding a | 20 | | primary, polled more than 2 per cent of the entire vote cast in | 21 | | the State next preceding election for governor, polled
at least | 22 | | five per cent of the entire vote cast in the State ; Provided, | 23 | | that
no political organization or group shall be qualified as a | 24 | | political party
hereunder, or given a place on a ballot, which | 25 | | organization or group is
associated, directly or indirectly, |
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| 1 | | with Communist, Fascist, Nazi or other
un-American principles | 2 | | and engages in activities or propaganda designed to
teach | 3 | | subservience to the political principles and ideals of foreign
| 4 | | nations or the overthrow by violence of the established | 5 | | constitutional form
of government of the United States and the | 6 | | State of Illinois.
| 7 | | (Source: Laws 1943, vol. 2, p. 1.)
| 8 | | (10 ILCS 5/8-3) (from Ch. 46, par. 8-3)
| 9 | | Sec. 8-3.
The following words and phrases in this article
| 10 | | shall, unless the same be inconsistent with the context, be | 11 | | construed as follows:
| 12 | | (1) The terms "legislative office",
"legislative officer" | 13 | | or "legislator" shall mean a State Senator
or Representative in | 14 | | the General Assembly.
| 15 | | (2) The term "legislative district" shall mean the | 16 | | territorial area
from which a State Senator is to be elected.
| 17 | | (3) The term "representative district" shall mean the | 18 | | territorial area
from which a Representative in the General | 19 | | Assembly is to be elected.
| 20 | | (4) The terms "state office" or "state officer", an office | 21 | | to be filled, or an officer to be voted for, by qualified | 22 | | electors of the entire state, including President of the United | 23 | | States, United States Senator, and Congressman at large. | 24 | | (5) The words "congressional office" or "congressional | 25 | | officer", representatives in Congress. |
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| 1 | | (6) The words "county office" or "county officer," include | 2 | | an officer to be filled or an officer to be voted for, by the | 3 | | qualified electors of the entire county. "County office" or | 4 | | "county officer" also include the assessor and board of appeals | 5 | | and county commissioners and president of county board of Cook | 6 | | County, and county board members and the chairman of the county | 7 | | board in counties subject to "An Act relating to the | 8 | | composition and election of county boards in certain counties", | 9 | | enacted by the 76th General Assembly. | 10 | | (Source: P.A. 82-750.)
| 11 | | (10 ILCS 5/10-1) (from Ch. 46, par. 10-1)
| 12 | | Sec. 10-1. Application of Article to minor political | 13 | | parties.
| 14 | | (a) Political parties as defined in this Article and | 15 | | individual
voters to the number and in the manner specified in | 16 | | this Article may
nominate candidates for public offices whose | 17 | | names shall be placed on
the ballot to be furnished, as | 18 | | provided in this Article. No
nominations may be made under this | 19 | | Article 10, however, by any
established political party which, | 20 | | at the general election next
preceding, polled more than 2% 5% | 21 | | of the entire vote cast in the State,
district, or unit of | 22 | | local government for which the nomination is made.
Those | 23 | | nominations provided for in Section 45-5 of the Township Code
| 24 | | shall be made as prescribed in Sections 45-10 through 45-45 of | 25 | | that
Code for nominations
by established political parties, but |
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| 1 | | minor political parties and
individual voters are governed by | 2 | | this Article. Any convention,
caucus, or meeting of qualified | 3 | | voters of any established political party
as defined in this | 4 | | Article may, however, make one
nomination for each office | 5 | | therein to be
filled at any election for officers of a | 6 | | municipality with a population
of less than 5,000 by causing a | 7 | | certificate of nomination to be filed
with the municipal clerk | 8 | | no earlier than 113 and no later than 106 days before
the | 9 | | election at which the nominated candidates are to be on the | 10 | | ballot.
The municipal caucuses shall be conducted on the first | 11 | | Monday in December of even-numbered years,
except that, when | 12 | | that Monday is a holiday or the eve
of a holiday, the caucuses | 13 | | shall be held on the next business day following the
holiday. | 14 | | Every certificate of nomination shall
state the facts required | 15 | | in Section 10-5 of this Article and
shall be signed by the | 16 | | presiding officer and by the secretary of the
convention, | 17 | | caucus, or meeting, who shall add to their signatures their
| 18 | | places of residence. The certificates shall be sworn to by them | 19 | | to be
true to the best of their knowledge and belief, and a | 20 | | certificate of the
oath shall be annexed to the certificate of | 21 | | nomination.
| 22 | | (b) Publication of the time and place of holding the caucus | 23 | | shall be given
by the municipal clerk. For municipalities of | 24 | | over 500 population, notice
of the caucus shall be published in | 25 | | a newspaper published in the
municipality. If there is no such | 26 | | newspaper, then the notice
shall be published in a newspaper
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| 1 | | published in the county and having general circulation in the | 2 | | municipality.
For municipalities of 500 population or less,
| 3 | | notice of the caucus shall be given by the municipal clerk by | 4 | | posting the
notice in 3 of the most public places in the | 5 | | municipality. The
publication or posting shall be given at | 6 | | least 10 days before the caucus.
| 7 | | (c) As provided in Sections 3.1-25-20 through 3.1-25-60 of | 8 | | the Illinois
Municipal Code, a village may adopt a system of | 9 | | nonpartisan primary and general
elections for the election of | 10 | | village officers.
| 11 | | (d) Any city, village, or incorporated town with a | 12 | | population of 5,000 or
less may, by ordinance, determine that | 13 | | established political parties shall
nominate candidates for | 14 | | municipal office in the city, village, or
incorporated town by | 15 | | primary in accordance with Article 7.
| 16 | | (e) Only those voters who reside within the territory for | 17 | | which the
nomination is made shall be permitted to vote or take | 18 | | part in the
proceedings of any convention, caucus, or meeting | 19 | | of individual voters or
of any political party held under this | 20 | | Section.
No voter shall vote or take part in the proceedings of | 21 | | more than one
convention, caucus, or meeting to make a | 22 | | nomination for the same office.
| 23 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 24 | | (10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
| 25 | | Sec. 10-2.
The term "political party", as hereinafter used |
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| 1 | | in this
Article 10, shall mean any "established political | 2 | | party", as hereinafter
defined and shall also mean any | 3 | | political group which shall hereafter
undertake to form an | 4 | | established political party in the manner provided
for in this | 5 | | Article 10: Provided, that no political organization or
group | 6 | | shall be qualified as a political party hereunder, or given a
| 7 | | place on a ballot, which organization or group is associated, | 8 | | directly
or indirectly, with Communist, Fascist, Nazi or other | 9 | | un-American
principles and engages in activities or propaganda | 10 | | designed to teach
subservience to the political principles and | 11 | | ideals of foreign nations
or the overthrow by violence of the | 12 | | established constitutional form of
government of the United | 13 | | States and the State of Illinois.
| 14 | | A political party which, at the last general election for | 15 | | State and
county officers, polled for its candidate for | 16 | | Governor more than 2% 5% of
the entire vote cast for Governor, | 17 | | is hereby declared to be an
"established political party" as to | 18 | | the State and as to any district or
political subdivision | 19 | | thereof.
| 20 | | A political party which, at the last election in any | 21 | | congressional
district, legislative district, county, | 22 | | township, municipality or other
political subdivision or | 23 | | district in the State, polled more than 2% 5% of
the entire | 24 | | vote cast within such territorial area or political
| 25 | | subdivision, as the case may be, has voted as a unit for the | 26 | | election of
officers to serve the respective territorial area |
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| 1 | | of such district or
political subdivision, is hereby declared | 2 | | to be an "established
political party" within the meaning of | 3 | | this Article as to such district
or political subdivision.
| 4 | | Any group of persons hereafter desiring to form a new | 5 | | political party
throughout the State, or in any congressional, | 6 | | legislative or judicial
district, or in any other district or | 7 | | in any political subdivision
(other than a municipality) not | 8 | | entirely within a single county, shall
file with the State | 9 | | Board of Elections a petition, as hereinafter
provided; and any | 10 | | such group of persons hereafter desiring to form a new
| 11 | | political party within any county shall file such petition with | 12 | | the
county clerk; and any such group of persons hereafter | 13 | | desiring to form a
new political party within any municipality | 14 | | or township or within any
district of a unit of local | 15 | | government other than a county shall file
such petition with | 16 | | the local election official or Board of Election
Commissioners | 17 | | of such municipality, township or other unit of local
| 18 | | government, as the case may be. Any such petition for the | 19 | | formation of a
new political party throughout the State, or in | 20 | | any such district or
political subdivision, as the case may be, | 21 | | shall declare as concisely as
may be the intention of the | 22 | | signers thereof to form such new political
party in the State, | 23 | | or in such district or political subdivision; shall
state in | 24 | | not more than 5 words the name of such new political party;
| 25 | | shall at the time of filing contain a complete list of | 26 | | candidates of
such party for all offices to be filled in the |
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| 1 | | State, or such district
or political subdivision as the case | 2 | | may be, at the next ensuing
election then to be held; and, if | 3 | | such new political party shall be
formed for the entire State, | 4 | | shall be signed by 1% of the number of voters
who voted at the | 5 | | next preceding Statewide general election or 10,000 25,000
| 6 | | qualified voters, whichever is less. If such new political | 7 | | party shall be
formed for any district
or political subdivision | 8 | | less than the entire State, such petition shall
be signed by | 9 | | qualified voters equaling in number not less than 2% 5% of the
| 10 | | number of voters who voted at the next preceding regular | 11 | | election in
such district or political subdivision in which | 12 | | such district or
political subdivision voted as a unit for the | 13 | | election of officers to
serve its respective territorial area. | 14 | | However, whenever the minimum signature
requirement for a | 15 | | district or political subdivision new political
party petition | 16 | | shall exceed the minimum number of signatures for State-wide
| 17 | | new political party petitions at the next preceding State-wide | 18 | | general
election, such State-wide petition signature | 19 | | requirement shall be the
minimum for such district or political | 20 | | subdivision new political party petition.
| 21 | | For the first election following a redistricting of | 22 | | congressional districts,
a petition to form a new political | 23 | | party in a congressional district shall
be signed by at least | 24 | | 2,000 5,000 qualified voters of the congressional district.
For | 25 | | the first election following a redistricting of legislative | 26 | | districts,
a petition to form a new political party in a |
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| 1 | | legislative district shall
be signed by at least 1,200 3,000 | 2 | | qualified voters of the legislative district.
For the first | 3 | | election following a redistricting of representative
| 4 | | districts, a petition to form a new political party in a | 5 | | representative
district shall be signed by at least 600 1,500 | 6 | | qualified voters of the
representative district.
| 7 | | For the first election following redistricting of county | 8 | | board districts,
or of municipal wards or districts, or for the | 9 | | first election following
the initial establishment of such | 10 | | districts or wards in a county or
municipality, a petition to | 11 | | form a new political party in a county board
district or in a | 12 | | municipal ward or district shall be signed by qualified
voters | 13 | | of the district or ward equal to not less than 2% 5% of the | 14 | | total
number of votes cast at the preceding general or | 15 | | municipal election, as the
case may be, for the county or | 16 | | municipal office voted on throughout the
county or municipality | 17 | | for which the greatest total number of votes were
cast for all | 18 | | candidates, divided by the number of districts or wards, but
in | 19 | | any event not less than 25 qualified voters of the district or | 20 | | ward.
| 21 | | In the case of a petition to form a new political party | 22 | | within a political
subdivision in which officers are to be | 23 | | elected from
districts and at-large, such petition shall | 24 | | consist
of separate components for each district from which an | 25 | | officer
is to be elected. Each component shall be circulated | 26 | | only within a
district of the political subdivision and signed |
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| 1 | | only by qualified electors
who are residents of such district. | 2 | | Each sheet of such petition must
contain a complete list of the | 3 | | names of the candidates of the party for all
offices to be | 4 | | filled in the political subdivision at large, but the sheets
| 5 | | comprising each component shall also contain the names of those | 6 | | candidates
to be elected from the particular district. Each | 7 | | component of the petition
for each district from which an | 8 | | officer is to be elected must be signed by
qualified voters of | 9 | | the district equalling in number not less than 2% 5% of
the | 10 | | number of voters who voted at the next preceding regular | 11 | | election in
such district at which an officer was elected to | 12 | | serve the district. The
entire petition, including all | 13 | | components, must be signed by a total of
qualified voters of | 14 | | the entire political subdivision equalling in number
not less | 15 | | than 2% 5% of the number of voters who voted at the next | 16 | | preceding
regular election in such political subdivision at | 17 | | which an officer was
elected to serve the political subdivision | 18 | | at large.
| 19 | | The filing of such petition shall constitute the political | 20 | | group a
new political party, for the purpose only of placing | 21 | | upon the ballot at
such next ensuing election such list or an | 22 | | adjusted list in accordance
with Section 10-11, of party | 23 | | candidates for offices to be voted for
throughout the State, or | 24 | | for offices to be voted for in such district or
political | 25 | | subdivision less than the State, as the case may be, under the
| 26 | | name of and as the candidates of such new political party.
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| 1 | | If, at such ensuing election, the new political party's | 2 | | candidate for
Governor shall receive more than 2% 5% of the | 3 | | entire votes cast for
Governor, then such new political party | 4 | | shall become an "established
political party" as to the State | 5 | | and as to every district or political
subdivision thereof. If, | 6 | | at such ensuing election, the other candidates
of the new | 7 | | political party, or any other candidate or candidates of the
| 8 | | new political party shall receive more than 2% 5% of all the | 9 | | votes cast for
the office or offices for which they were | 10 | | candidates at such election,
in the State, or in any district | 11 | | or political subdivision, as the case
may be, then and in that | 12 | | event, such new political party shall become an
"established | 13 | | political party" within the State or within such district
or | 14 | | political subdivision less than the State, as the case may be, | 15 | | in
which such candidate or candidates received more than 2% 5% | 16 | | of the votes
cast for the office or offices for which they were | 17 | | candidates. It shall
thereafter nominate its candidates for | 18 | | public offices to be filled in
the State, or such district or | 19 | | political subdivision, as the case may
be, under the provisions | 20 | | of the laws regulating the nomination of
candidates of | 21 | | established political parties at primary elections and
| 22 | | political party conventions, as now or hereafter in force.
| 23 | | A political party which continues to receive for its | 24 | | candidate for
Governor more than 2% 5% of the entire vote cast | 25 | | for Governor, shall remain
an "established political party" as | 26 | | to the State and as to every
district or political subdivision |
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| 1 | | thereof. But if the political party's
candidate for Governor | 2 | | fails to receive more than 2% 5% of the entire vote
cast for | 3 | | Governor, or if the political party does not nominate a
| 4 | | candidate for Governor, the political party shall remain an | 5 | | "established
political party" within the State or within such | 6 | | district or political
subdivision less than the State, as the | 7 | | case may be, only so long as,
and only in those districts or | 8 | | political subdivisions in which, the
candidates of that | 9 | | political party, or any candidate or candidates of
that | 10 | | political party, continue to receive more than 2% 5% of all the | 11 | | votes
cast for the office or offices for which they were | 12 | | candidates at
succeeding general or consolidated elections | 13 | | within the State or within
any district or political | 14 | | subdivision, as the case may be.
| 15 | | Any such petition shall be filed at the same time and shall | 16 | | be
subject to the same requirements and to the same provisions | 17 | | in respect
to objections thereto and to any hearing or hearings | 18 | | upon such
objections that are hereinafter in this Article 10 | 19 | | contained in regard
to the nomination of any other candidate or | 20 | | candidates by petition. If
any such new political party shall | 21 | | become an "established political
party" in the manner herein | 22 | | provided, the candidate or candidates of
such new political | 23 | | party nominated by the petition hereinabove referred
to for | 24 | | such initial election, shall have power to select any such | 25 | | party
committeeman or committeemen as shall be necessary for | 26 | | the creation of a
provisional party organization and |
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| 1 | | provisional managing committee or
committees for such party | 2 | | within the State, or in any district or
political subdivision | 3 | | in which the new political party has become
established; and | 4 | | the party committeeman or committeemen so selected
shall | 5 | | constitute a provisional party organization for the new | 6 | | political
party and shall have and exercise the powers | 7 | | conferred by law upon any
party committeeman or committeemen to | 8 | | manage and control the affairs of
such new political party | 9 | | until the next ensuing primary election at
which the new | 10 | | political party shall be entitled to nominate and elect
any | 11 | | party committeeman or committeemen in the State, or in such | 12 | | district
or political subdivision under any parts of this Act | 13 | | relating to the
organization of political parties.
| 14 | | A candidate for whom a nomination paper has been filed as a | 15 | | partisan
candidate at a primary election, and who is defeated | 16 | | for his or her
nomination at the primary election, is | 17 | | ineligible for nomination as a
candidate of a new political | 18 | | party for election in that general election.
| 19 | | (Source: P.A. 86-875.)
| 20 | | (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
| 21 | | Sec. 10-3. Nomination of independent candidates (not | 22 | | candidates of
any political party), for any office to be filled | 23 | | by the voters of the
State at large may also be made by | 24 | | nomination papers signed in the
aggregate for each candidate by | 25 | | 1% of the number of voters who voted in
the next preceding |
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| 1 | | Statewide general election or 10,000 25,000 qualified voters
of | 2 | | the State, whichever is less. Nominations of independent | 3 | | candidates
for public office within any district or political | 4 | | subdivision less than
the State, may be made by nomination | 5 | | papers signed in the aggregate for
each candidate by qualified | 6 | | voters of such district, or political
subdivision, equaling not | 7 | | less than 2% 5% , nor more than 8% (or 50 more
than the minimum, | 8 | | whichever is greater) of the number of persons, who
voted at | 9 | | the next preceding regular election in such district or
| 10 | | political subdivision in which such district or political | 11 | | subdivision
voted as a unit for the election of officers to | 12 | | serve its respective
territorial area. However, whenever the | 13 | | minimum
signature requirement for an independent candidate | 14 | | petition for a
district or political subdivision office shall | 15 | | exceed the minimum number
of signatures for an independent | 16 | | candidate petition for an office to be
filled by the voters of | 17 | | the State at large at the next preceding
State-wide general | 18 | | election, such State-wide petition signature
requirement shall | 19 | | be the minimum for an independent candidate petition
for such | 20 | | district or political subdivision office. For the first
| 21 | | election following a redistricting of congressional districts,
| 22 | | nomination papers for an independent candidate for congressman | 23 | | shall be
signed by at least 2,000 5,000 qualified voters of the | 24 | | congressional district.
For the first election following a | 25 | | redistricting of legislative
districts, nomination papers for | 26 | | an independent candidate for State
Senator in the General |
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| 1 | | Assembly shall be signed by at
least 1,200 3,000 qualified | 2 | | voters of the legislative district. For the first
election | 3 | | following a redistricting of representative districts, | 4 | | nomination
papers for an independent candidate for State | 5 | | Representative in the General
Assembly shall be signed by at | 6 | | least 600 1,500 qualified voters of the
representative | 7 | | district. For the first election following redistricting of
| 8 | | county board districts, or of municipal wards or districts, or | 9 | | for the
first election following the initial establishment of | 10 | | such districts or
wards in a county or municipality, nomination | 11 | | papers
for an independent candidate for county board member, or | 12 | | for alderman or
trustee of such municipality, shall be signed | 13 | | by qualified voters of the
district or ward equal to not less | 14 | | than 2% 5% nor more than 8% (or 50 more
than the minimum, | 15 | | whichever is greater) of the total number of votes cast
at the | 16 | | preceding general or general municipal election, as the case
| 17 | | may be, for the county or municipal office voted on throughout | 18 | | such county
or municipality for which the greatest total number | 19 | | of votes were cast for
all candidates, divided by the number of | 20 | | districts or wards, but in any
event not less than 25 qualified | 21 | | voters of the district or ward. Each voter
signing a nomination | 22 | | paper shall add to his or her signature his or her place of
| 23 | | residence, and each voter may subscribe to one nomination for | 24 | | such
office to be filled, and no more: Provided that the name | 25 | | of any
candidate whose name may appear in any other place upon | 26 | | the ballot shall
not be so added by petition for the same |
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| 1 | | office.
| 2 | | The person circulating the petition, or the candidate on | 3 | | whose behalf
the petition is circulated, may strike any | 4 | | signature from the petition,
provided that;
| 5 | | (1) the person striking the signature shall initial the | 6 | | petition at
the place where the signature is struck; and
| 7 | | (2) the person striking the signature shall sign a | 8 | | certification
listing the page number and line number of | 9 | | each signature struck from
the petition. Such | 10 | | certification shall be filed as a part of the
petition.
| 11 | | (3) the persons striking signatures from the petition | 12 | | shall each
sign an additional certificate specifying the | 13 | | number of certification
pages listing stricken signatures | 14 | | which are attached to the petition and
the page numbers | 15 | | indicated on such certifications. The certificate
shall be | 16 | | filed as a part of the petition, shall be numbered, and | 17 | | shall
be attached immediately following the last page of | 18 | | voters' signatures
and before the certifications of | 19 | | stricken signatures.
| 20 | | (4) all of the foregoing requirements shall be | 21 | | necessary to effect a
valid striking of any signature. The | 22 | | provisions of this Section
authorizing the striking of | 23 | | signatures shall not impose any criminal
liability on any | 24 | | person so authorized for signatures which may be
| 25 | | fraudulent.
| 26 | | In the case of the offices of Governor and Lieutenant |
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| 1 | | Governor a
joint petition including one candidate for each of | 2 | | those offices must be
filed.
| 3 | | A candidate for whom a nomination paper has been filed as a | 4 | | partisan
candidate at a primary election, and who is defeated | 5 | | for his or her
nomination at the primary election, is | 6 | | ineligible to be placed on the
ballot as an independent | 7 | | candidate for election in that general or
consolidated | 8 | | election.
| 9 | | A candidate seeking election to an office for which | 10 | | candidates of
political parties are nominated by caucus who is | 11 | | a participant in the
caucus and who is defeated for his or
her | 12 | | nomination at such caucus, is ineligible to be listed on the | 13 | | ballot at
that general or consolidated election as an | 14 | | independent candidate.
| 15 | | (Source: P.A. 95-699, eff. 11-9-07.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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