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90_SB0173
10 ILCS 5/7-13.1 from Ch. 46, par. 7-13.1
10 ILCS 5/7-14 from Ch. 46, par. 7-14
10 ILCS 5/8-10 from Ch. 46, par. 8-10
10 ILCS 5/10-14 from Ch. 46, par. 10-14
10 ILCS 5/10-15 from Ch. 46, par. 10-15
10 ILCS 5/28-5 from Ch. 46, par. 28-5
Amends the Election Code. Requires that local election
officials or the State Board of Elections determine that
signature requirements have been met and that petitions are
complete before any candidate or public question is certified
to be placed on the official ballot.
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1 AN ACT to amend the Election Code by changing Sections
2 7-13.1, 7-14, 8-10, 10-14, 10-15 and 28-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 7-13.1, 7-14, 8-10, 10-14, 10-15, and 28-5 as
7 follows:
8 (10 ILCS 5/7-13.1) (from Ch. 46, par. 7-13.1)
9 Sec. 7-13.1. Certification of Candidates-Consolidated
10 primary. Not less than 61 days before the date of the
11 consolidated primary, each local election official of each
12 political subdivision required to nominate candidates for the
13 respective offices by primary shall certify to each election
14 authority whose duty it is to prepare the official ballot for
15 the consolidated primary in such political subdivision the
16 names of all candidates in whose behalf nomination papers
17 have been filed in the office of such local election official
18 and direct the election authority to place upon the official
19 ballot for the consolidated primary election the names of
20 such candidates in the same manner and in the same order as
21 shown upon the certification. However, subject to appeal, the
22 names of candidates whose nomination papers have been held
23 invalid by the appropriate electoral board provided in
24 Section 10-9 of this Code shall not be so certified. The
25 certification shall be modified as necessary to comply with
26 the requirements of any other statute or any ordinance
27 adopted pursuant to Article VII of the Constitution
28 prescribing specific provisions for nonpartisan elections,
29 including without limitation Articles 3, 4 and 5 of "The
30 Municipal Code".
31 The names of candidates shall be listed on the
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1 certification for the respective offices in the order in
2 which the candidates have filed their nomination papers, or
3 as determined by lot, or as otherwise specified by statute.
4 In every instance where applicable, the following shall
5 also be indicated in the certification:
6 (1) Where there is to be more than one candidate elected
7 to an office from a political subdivision or district;
8 (2) Where a voter has the right to vote for more than
9 one candidate for an office;
10 (3) The terms of the office to be on the ballot, when a
11 vacancy is to be filled for less than a full term, or when
12 offices of a particular subdivision to be on the ballot at
13 the same election are to be filled for different terms; and
14 (4) The territory in which a candidate is required by
15 law to reside, when such residency requirement is not
16 identical to the territory of the political subdivision from
17 which the candidate is to be elected or nominated.
18 The local election official shall issue an amended
19 certification whenever it is discovered that the original
20 certification is in error.
21 Certification shall not be made if the petitions do not
22 meet minimum requirements as required by law. The local
23 election official shall determine that signature requirements
24 have been met and that the petition is complete. The local
25 election official shall not determine truthfulness or
26 correctness of any signature or other information provided on
27 the petition.
28 (Source: P.A. 84-757.)
29 (10 ILCS 5/7-14) (from Ch. 46, par. 7-14)
30 Sec. 7-14. Not less than 61 days before the date of the
31 general primary the State Board of Elections shall meet and
32 shall examine all petitions filed under this Article 7, in
33 the office of the State Board of Elections. The State Board
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1 of Elections shall then certify to the county clerk of each
2 county, the names of all candidates whose nomination papers
3 or certificates of nomination have been filed with the Board
4 and direct the county clerk to place upon the official ballot
5 for the general primary election the names of such candidates
6 in the same manner and in the same order as shown upon the
7 certification.
8 The State Board of Elections shall, in its certificate to
9 the county clerk, certify the names of the offices, and the
10 names of the candidates in the order in which the offices and
11 names shall appear upon the primary ballot; such names to
12 appear in the order in which petitions have been filed in the
13 office of the State Board of Elections except as otherwise
14 provided in this Article.
15 Not less than 55 days before the date of the general
16 primary, each county clerk shall certify the names of all
17 candidates whose nomination papers have been filed with such
18 clerk and declare that the names of such candidates for the
19 respective offices shall be placed upon the official ballot
20 for the general primary in the order in which such nomination
21 papers were filed with the clerk, or as determined by lot, or
22 as otherwise specified by statute. Each county clerk shall
23 place a copy of the certification on file in his or her
24 office and at the same time issue to the board of election
25 commissioners a copy of the certification that has been filed
26 in the county clerk's office, together with a copy of the
27 certification that has been issued to the clerk by the State
28 Board of Elections, with directions to the board of election
29 commissioners to place upon the official ballot for the
30 general primary in that election jurisdiction the names of
31 all candidates that are listed on such certification in the
32 same manner and in the same order as shown upon such
33 certifications.
34 The certification shall indicate, where applicable, the
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1 following:
2 (1) The political party affiliation of the candidates
3 for the respective offices;
4 (2) If there is to be more than one candidate elected or
5 nominated to an office from the State, political subdivision
6 or district;
7 (3) If the voter has the right to vote for more than one
8 candidate for an office;
9 (4) The term of office, if a vacancy is to be filled for
10 less than a full term or if the offices to be filled in a
11 political subdivision or district are for different terms.
12 The State Board of Elections or the county clerk, as the
13 case may be, shall issue an amended certification whenever it
14 is discovered that the original certification is in error.
15 Subject to appeal, the names of candidates whose
16 nomination papers have been held invalid by the appropriate
17 electoral board provided in Section 10-9 of this Code shall
18 not be certified.
19 Certification shall not be made if the petitions do not
20 meet minimum requirements as required by law. The State
21 Board of Elections shall determine that signature
22 requirements have been met and that the petition is complete.
23 The State Board of Elections shall not determine truthfulness
24 or correctness of any signature or other information provided
25 on the petition.
26 (Source: P.A. 86-867.)
27 (10 ILCS 5/8-10) (from Ch. 46, par. 8-10)
28 Sec. 8-10. Not less than 61 days prior to the date of the
29 primary, the State Board of Elections shall certify to the
30 county clerk for each county, the names of all candidates for
31 legislative offices, as specified in the petitions for
32 nominations on file in its office, which are to be voted for
33 in such county, stating in such certificates the political
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1 affiliation of each candidate for nomination, as specified in
2 the petitions. The State Board of Elections shall, in its
3 certificate to the county clerk, certify to the county clerk
4 the names of the candidates in the order in which the names
5 shall appear upon the primary ballot, the names to appear in
6 the order in which petitions have been filed.
7 Not less than 55 days prior to the date of the primary,
8 the county clerk shall certify to the board of election
9 commissioners if there be any such board in his county, the
10 names of all candidates so certified to him by the State
11 Board of Elections in the districts wholly or partly within
12 the jurisdiction of said board and in the order in which such
13 names are certified to him.
14 Certification shall not be made if the petitions do not
15 meet minimum requirements as required by law. The State
16 Board of Elections shall determine that signature
17 requirements have been met and that the petition is complete.
18 The State Board of Elections shall not determine truthfulness
19 or correctness of any signature or other information provided
20 on the petition.
21 (Source: P.A. 82-750.)
22 (10 ILCS 5/10-14) (from Ch. 46, par. 10-14)
23 Sec. 10-14. Not less than 61 days before the date of the
24 general election the State Board of Elections shall certify
25 to the county clerk of each county the name of each candidate
26 whose nomination papers, certificate of nomination or
27 resolution to fill a vacancy in nomination has been filed
28 with the State Board of Elections and direct the county clerk
29 to place upon the official ballot for the general election
30 the names of such candidates in the same manner and in the
31 same order as shown upon the certification. The name of no
32 candidate for an office to be filled by the electors of the
33 entire state shall be placed upon the official ballot unless
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1 his name is duly certified to the county clerk upon a
2 certificate signed by the members of the State Board of
3 Elections. The names of group candidates on petitions shall
4 be certified to the several county clerks in the order in
5 which such names appear on such petitions filed with the
6 State Board of Elections.
7 Not less than 55 days before the date of the general
8 election, each county clerk shall certify the names of each
9 of the candidates for county offices whose nomination papers,
10 certificates of nomination or resolutions to fill a vacancy
11 in nomination have been filed with such clerk and declare
12 that the names of such candidates for the respective offices
13 shall be placed upon the official ballot for the general
14 election in the same manner and in the same order as shown
15 upon the certification. Each county clerk shall place a copy
16 of the certification on file in his or her office and at the
17 same time issue to the State Board of Elections a copy of
18 such certification. In addition, each county clerk in whose
19 county there is a board of election commissioners shall, not
20 less than 55 days before the election, certify to the board
21 of election commissioners the name of the person or persons
22 nominated for such office as shown by the certificate of the
23 State Board of Elections, together with the names of all
24 other candidates as shown by the certification of county
25 officers on file in the clerk's office, and in the order so
26 certified. The county clerk or board of election
27 commissioners shall print the names of the nominees on the
28 ballot for each office in the order in which they are
29 certified to or filed with the county clerk; provided, that
30 in printing the name of nominees for any office, if any of
31 such nominees have also been nominated by one or more
32 political parties pursuant to this Act, the location of the
33 name of such candidate on the ballot for nominations made
34 under this Article shall be precisely in the same order in
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1 which it appears on the certification of the State Board of
2 Elections to the county clerk.
3 For the general election, the candidates of new political
4 parties shall be placed on the ballot for said election after
5 the established political party candidates and in the order
6 of new political party petition filings.
7 Each certification shall indicate, where applicable, the
8 following:
9 (1) The political party affiliation if any, of the
10 candidates for the respective offices;
11 (2) If there is to be more than one candidate elected to
12 an office from the State, political subdivision or district;
13 (3) If the voter has the right to vote for more than one
14 candidate for an office;
15 (4) The term of office, if a vacancy is to be filled for
16 less than a full term or if the offices to be filled in a
17 political subdivision are for different terms.
18 The State Board of Elections or the county clerk, as the
19 case may be, shall issue an amended certification whenever it
20 is discovered that the original certification is in error.
21 Certification shall not be made if the petitions do not
22 meet minimum requirements as required by law. The State
23 Board of Elections or local election authorities shall
24 determine that signature requirements have been met and that
25 the petition is complete. The State Board of Elections or
26 local election authorities shall not determine truthfulness
27 or correctness of any signature or other information provided
28 on the petition.
29 (Source: P.A. 86-867.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.
32 (10 ILCS 5/10-15) (from Ch. 46, par. 10-15)
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1 Sec. 10-15. Not less than 61 days before the date of the
2 consolidated and nonpartisan elections, each local election
3 official with whom certificates of nomination or nominating
4 petitions have been filed shall certify to each election
5 authority having jurisdiction over any of the territory of
6 his political subdivision the names of all candidates
7 entitled to be printed on the ballot for offices of that
8 political subdivision to be voted upon at such election and
9 direct the election authority to place upon the official
10 ballot for such election the names of such candidates in the
11 same manner and in the same order as shown upon the
12 certification.
13 The local election officials shall certify such
14 candidates for each office in the order in which such
15 candidates' certificates of nomination or nominating
16 petitions were filed in his office. However, subject to
17 appeal, the names of candidates whose petitions have been
18 held invalid by the appropriate electoral board provided in
19 Section 10-9 of this Act shall not be so certified. The
20 certification shall be modified as necessary to comply with
21 the requirements of any other statute or any ordinance
22 adopted pursuant to Article VII of the Constitution
23 prescribing specific provisions for nonpartisan elections,
24 including without limitation Articles 4 and 5 of "The
25 Municipal Code" or Article 9 of The School Code.
26 In every instance where applicable, the following shall
27 also be indicated in the certification:
28 (1) The political party affiliation, if any, of the
29 candidates for the respective offices;
30 (2) Where there is to be more than one candidate elected
31 to an office from a political subdivision or district;
32 (3) Where a voter has the right to vote for more than
33 one candidate for an office;
34 (4) The terms of the office to be on the ballot, when a
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1 vacancy is to be filled for less than a full term, or when
2 offices of a particular subdivision to be on the ballot at
3 the same election are to be filled for different terms; and
4 (5) The territory in which a candidate is required by
5 law to reside, when such residency requirement is not
6 identical to the territory of the political subdivision from
7 which the candidate is to be elected or nominated.
8 For the consolidated election, and for the general
9 primary in the case of certain municipalities having annual
10 elections, the candidates of new political parties shall be
11 placed on the ballot for such elections after the established
12 political party candidates and in the order of new political
13 party petition filings.
14 The local election official shall issue an amended
15 certification whenever it is discovered that the original
16 certification is in error.
17 Certification shall not be made if the petitions do not
18 meet minimum requirements as required by law. The local
19 election official shall determine that signature requirements
20 have been met and that the petition is complete. The local
21 election official shall not determine truthfulness or
22 correctness of any signature or other information provided on
23 the petition.
24 (Source: P.A. 86-874.)
25 (10 ILCS 5/28-5) (from Ch. 46, par. 28-5)
26 Sec. 28-5. Not less than 61 days before a regularly
27 scheduled election, each local election official shall
28 certify the public questions to be submitted to the voters of
29 or within his political subdivision at that election which
30 have been initiated by petitions filed in his office or by
31 action of the governing board of his political subdivision.
32 Not less than 61 days before a regularly scheduled
33 election, each circuit court clerk shall certify the public
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1 questions to be submitted to the voters of a political
2 subdivision at that election which have been ordered to be so
3 submitted by the circuit court pursuant to law. Not less than
4 30 days before the date set by the circuit court for the
5 conduct of an emergency referendum pursuant to Section
6 2A-1.4, the circuit court clerk shall certify the public
7 question as herein required.
8 Local election officials and circuit court clerks shall
9 make their certifications, as required by this Section, to
10 each election authority having jurisdiction over any of the
11 territory of the respective political subdivision in which
12 the public question is to be submitted to referendum.
13 Not less than 61 days before the next regular election,
14 the county clerk shall certify the public questions to be
15 submitted to the voters of the entire county at that
16 election, which have been initiated by petitions filed in his
17 office or by action of the county board, to the board of
18 election commissioners, if any, in his county.
19 Not less than 67 days before the general election, the
20 State Board of Elections shall certify any questions
21 proposing an amendment to Article IV of the Constitution
22 pursuant to Section 3, Article XIV of the Constitution and
23 any advisory public questions to be submitted to the voters
24 of the entire State, which have been initiated by petitions
25 received or filed at its office, to the respective county
26 clerks. Not less than 61 days before the general election,
27 the county clerk shall certify such questions to the board of
28 election commissioners, if any, in his county.
29 The certifications shall include the form of the public
30 question to be placed on the ballot, the date on which the
31 public question was initiated by either the filing of a
32 petition or the adoption of a resolution or ordinance by a
33 governing body, as the case may be, and a certified copy of
34 any court order or political subdivision resolution or
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1 ordinance requiring the submission of the public question.
2 Certifications of propositions for annexation to,
3 disconnection from, or formation of political subdivisions or
4 for other purposes shall include a description of the
5 territory in which the proposition is required to be
6 submitted, whenever such territory is not coterminous with an
7 existing political subdivision.
8 The certification of a public question described in
9 subsection (b) of Section 28-6 shall include the precincts
10 included in the territory concerning which the public
11 question is to be submitted, as well as a common description
12 of such territory, in plain and nonlegal language, and
13 specify the election at which the question is to be
14 submitted. The description of the territory shall be prepared
15 by the local election official as set forth in the resolution
16 or ordinance initiating the public question.
17 Whenever a local election official, an election
18 authority, or the State Board of Elections is in receipt of
19 an initiating petition, or a certification for the submission
20 of a public question at an election at which the public
21 question may not be placed on the ballot or submitted because
22 of the limitations of Section 28-1, such officer or board
23 shall give notice of such prohibition, by registered mail, as
24 follows:
25 (a) in the case of a petition, to any person designated
26 on a certificate attached thereto as the proponent or as the
27 proponents' attorney for purposes of notice of objections;
28 (b) in the case of a certificate from a local election
29 authority, to such local election authority, who shall
30 thereupon give notice as provided in subparagraph (a), or
31 notify the governing board which adopted the initiating
32 resolution or ordinance;
33 (c) in the case of a certification from a circuit court
34 clerk of a court order, to such court, which shall thereupon
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1 give notice as provided in subparagraph (a) and shall modify
2 its order in accordance with the provisions of this Act.
3 If the petition, resolution or ordinance initiating such
4 prohibited public question did not specify a particular
5 election for its submission, the officer or board responsible
6 for certifying the question to the election authorities shall
7 certify or recertify the question, in the manner required
8 herein, for submission on the ballot at the next regular
9 election no more than one year subsequent to the filing of
10 the initiating petition or the adoption of the initiating
11 resolution or ordinance and at which the public question may
12 be submitted, and the appropriate election authorities shall
13 submit the question at such election, unless the public
14 question is ordered submitted as an emergency referendum
15 pursuant to Section 2A-1.4 or is withdrawn as may be provided
16 by law.
17 Certification shall not be made if the petitions do not
18 meet minimum requirements as required by law. The local
19 election official shall determine that signature requirements
20 have been met and that the petition is complete. The local
21 election official shall not determine truthfulness or
22 correctness of any signature or other information provided on
23 the petition.
24 (Source: P.A. 86-875.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.