[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] |
91_HB2059
LRB9103733MWpr
1 AN ACT to amend the Election Code by changing Sections
2 3.1-25-20 and 4-3-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Sections 3.1-25-20 and 4-3-5 as follows:
7 (65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
8 Sec. 3.1-25-20. Primary election. A village incorporated
9 under this Code shall nominate and elect candidates for
10 president and trustees in nonpartisan primary and general
11 elections as provided in Sections 3.1-25-20 through 3.1-25-55
12 until the electors of the village vote to require the
13 partisan election of the president and trustees at a
14 referendum in the manner provided in Section 3.1-25-65 after
15 January 1, 1992. The provisions of Sections 3.1-25-20 through
16 3.1-25-55 shall apply to all villages incorporated under this
17 Code that have operated under those Sections without the
18 adoption of those provisions by the referendum provided in
19 Section 3.1-25-60 as well as those villages that have adopted
20 those provisions by the referendum provided in Section
21 3.1-25-60 until the electors of those villages vote to
22 require the partisan election of the president and trustees
23 in the manner provided in Section 3.1-25-65. Villages that
24 have nominated and elected candidates for president and
25 trustees in partisan elections prior to January 1, 1992, may
26 continue to hold partisan elections without conducting a
27 referendum in the manner provided in Section 3.1-25-65. All
28 candidates for nomination to be voted for at all general
29 municipal elections at which a president or trustees, or
30 both, are to be elected under this Article shall be nominated
31 from the village at large by a primary election, except that
-2- LRB9103733MWpr
1 no primary shall be held where the names of not more than 2
2 persons are entitled to be printed on the primary ballot as
3 candidates for the nomination for each office to be filled at
4 an election at which no other offices are to be filled and
5 those persons, having filed the statement of candidacy and
6 petition required by the general election law, shall be the
7 candidates for office at the general municipal election.
8 Notwithstanding any other provision of law, no primary
9 shall be held in any village when the nomination for every
10 office to be voted upon by the electors of the village is
11 uncontested. If the nomination of candidates is uncontested
12 as to one or more, but not all, of the offices to be voted
13 upon by the electors of the village, then a primary must be
14 held in the village, provided that the primary ballot shall
15 not include those offices in the village for which the
16 nomination is uncontested. For the purposes of the Section,
17 an office is uncontested when not more than the number of
18 persons to be nominated to the office have timely filed valid
19 nominating papers seeking nomination for election to that
20 office.
21 Notwithstanding the preceding paragraph, when a person
22 (i) who has not timely filed valid nomination papers and (ii)
23 who intends to become a write-in candidate for nomination for
24 any office for which nomination is uncontested files a
25 written statement or notice of that intent with the proper
26 election official with whom the nomination papers for that
27 office are filed, a primary ballot must be prepared and a
28 primary must be held for the office. The statement or notice
29 must be filed on or before that date established in the
30 Election Code for certifying candidates for the primary
31 ballot. The statement must contain (i) the name and address
32 of the person intending to become a write-in candidate, (ii)
33 a statement that the person intends to become a write-in
34 candidate, and (iii) the office the person is seeking as a
-3- LRB9103733MWpr
1 write-in candidate. An election authority has no duty to
2 conduct a primary election or prepare a primary ballot unless
3 a statement meeting the requirements of this paragraph is
4 filed in a timely manner.
5 Only the names of those persons nominated in the manner
6 prescribed in Sections 3.1-25-20 through 3.1-25-65 shall be
7 placed on the ballot at the general municipal election. The
8 village clerk shall certify the offices to be filled and the
9 candidates for those offices to the proper election authority
10 as provided in the general election law. A primary for those
11 offices, if required, shall be held in accordance with the
12 general election law.
13 (Source: P.A. 87-1119.)
14 (65 ILCS 5/4-3-5) (from Ch. 24, par. 4-3-5)
15 Sec. 4-3-5. All candidates for nomination to be voted for
16 at all general municipal elections at which a mayor and 4
17 commissioners are to be elected under this article shall be
18 nominated from the municipality at large by a primary
19 election, except that no primary shall be held where the
20 names of not more than 2 persons are entitled to be printed
21 on the primary ballot as a candidate for the nomination for
22 each office to be filled at an election at which no other
23 offices are to be voted on and such persons, having filed the
24 statement of candidacy and petition required by the general
25 election law shall be the candidates for office at the
26 general municipal election.
27 Notwithstanding any other provision of law, no primary
28 shall be held in any municipality when the nomination for
29 every office to be voted upon by the electors of the
30 municipality is uncontested. If the nomination of candidates
31 is uncontested as to one or more, but not all, of the offices
32 to be voted upon by the electors of the municipality, then a
33 primary must be held in the municipality, provided that the
-4- LRB9103733MWpr
1 primary ballot shall not include those offices in the
2 municipality for which the nomination is uncontested. For
3 the purposes of this Section, an office is uncontested when
4 not more than the number of persons to be nominated to the
5 office have timely filed valid nominating papers seeking
6 nomination for election to that office.
7 Notwithstanding the preceding paragraph, when a person
8 (i) who has not timely filed valid nomination papers and (ii)
9 who intends to become a write-in candidate for nomination for
10 any office for which nomination is uncontested files a
11 written statement or notice of that intent with the proper
12 election official with whom the nomination papers for that
13 office are filed, a primary ballot must be prepared and a
14 primary must be held for the office. The statement or notice
15 must be filed on or before that date established in the
16 Election Code for certifying candidates for the primary
17 ballot. The statement must contain (i) the name and address
18 of the person intending to become a write-in candidate, (ii)
19 a statement that the person intends to become a write-in
20 candidate, and (iii) the office the person is seeking as a
21 write-in candidate. An election authority has no duty to
22 conduct a primary election or prepare a primary ballot unless
23 a statement meeting the requirements of this paragraph is
24 filed in a timely manner.
25 Only the names of those persons nominated in the manner
26 prescribed in this article shall be placed upon the ballot at
27 the general municipal election. The municipal clerk shall
28 certify the offices to be filled and the candidates therefor
29 to the proper election authority as provided in the general
30 election law.
31 A primary for such offices, if required, shall be held in
32 accordance with the provisions of the general election law.
33 (Source: P.A. 81-1490.)
-5- LRB9103733MWpr
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.