Bill Text: IL HB1416 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Election Code and the Unified Code of Corrections. Provides that a person is ineligible as a candidate for elective office and may not seek reelection to office if he or she has been convicted of a felony under the laws of this State, another state, the United States, or a foreign country. Provides that a person convicted of a felony under the laws of another country is ineligible as a candidate for office and is ineligible to seek reelection to office only if the felony under that country's laws is substantially similar to a felony violation in this country and if that country's judicial system affords a criminal defendant guarantees of due process similar to those afforded to a criminal defendant in the United States. Applies to persons who seek elective office or reelection to office after the effective date of the amendatory Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1416 Detail]

Download: Illinois-2011-HB1416-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1416 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-10 from Ch. 46, par. 7-10
10 ILCS 5/8-8 from Ch. 46, par. 8-8
10 ILCS 5/10-5 from Ch. 46, par. 10-5
10 ILCS 5/25-2 from Ch. 46, par. 25-2
10 ILCS 5/29-10 from Ch. 46, par. 29-10
730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
Amends the Election Code and the Unified Code of Corrections. Provides that a person is ineligible as a candidate for elective office and may not seek reelection to office if he or she has been convicted of a felony under the laws of this State, another state, the United States, or a foreign country. Provides that a person convicted of a felony under the laws of another country is ineligible as a candidate for office and is ineligible to seek reelection to office only if the felony under that country's laws is substantially similar to a felony violation in this country and if that country's judicial system affords a criminal defendant guarantees of due process similar to those afforded to a criminal defendant in the United States. Applies to persons who seek elective office or reelection to office after the effective date of the amendatory Act.
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A BILL FOR
HB1416 LRB097 02922 RLC 46403 b
AN ACT concerning elective office.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 7-10, 8-8, 10-5, 25-2, and 29-10 as follows:
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
Sec. 7-10. Form of petition for nomination. The name of no
candidate for nomination, or State central committeeman, or
township committeeman, or precinct committeeman, or ward
committeeman or candidate for delegate or alternate delegate to
national nominating conventions, shall be printed upon the
primary ballot unless a petition for nomination has been filed
in his behalf as provided in this Article in substantially the
following form:
We, the undersigned, members of and affiliated with the
.... party and qualified primary electors of the .... party, in
the .... of ...., in the county of .... and State of Illinois,
do hereby petition that the following named person or persons
shall be a candidate or candidates of the .... party for the
nomination for (or in case of committeemen for election to) the
office or offices hereinafter specified, to be voted for at the
primary election to be held on (insert date).
Name Office Address

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John Jones Governor Belvidere, Ill.
Jane James Lieutenant Governor Peoria, Ill.
Thomas Smith Attorney General Oakland, Ill.
Name.................. Address.......................
State of Illinois)
) ss.
County of........)
I, ...., do hereby certify that I reside at No. ....
street, in the .... of ...., county of ...., and State of
....., that I am 18 years of age or older, that I am a citizen
of the United States, and that the signatures on this sheet
were signed in my presence, and are genuine, and that to the
best of my knowledge and belief the persons so signing were at
the time of signing the petitions qualified voters of the ....
party, and that their respective residences are correctly
stated, as above set forth.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Each sheet of the petition other than the statement of
candidacy and candidate's statement shall be of uniform size
and shall contain above the space for signatures an appropriate
heading giving the information as to name of candidate or

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candidates, in whose behalf such petition is signed; the
office, the political party represented and place of residence;
and the heading of each sheet shall be the same.
Such petition shall be signed by qualified primary electors
residing in the political division for which the nomination is
sought in their own proper persons only and opposite the
signature of each signer, his residence address shall be
written or printed. The residence address required to be
written or printed opposite each qualified primary elector's
name shall include the street address or rural route number of
the signer, as the case may be, as well as the signer's county,
and city, village or town, and state. However the county or
city, village or town, and state of residence of the electors
may be printed on the petition forms where all of the electors
signing the petition reside in the same county or city, village
or town, and state. Standard abbreviations may be used in
writing the residence address, including street number, if any.
At the bottom of each sheet of such petition shall be added a
circulator statement signed by a person 18 years of age or
older who is a citizen of the United States, stating the street
address or rural route number, as the case may be, as well as
the county, city, village or town, and state; and certifying
that the signatures on that sheet of the petition were signed
in his or her presence and certifying that the signatures are
genuine; and either (1) indicating the dates on which that
sheet was circulated, or (2) indicating the first and last

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dates on which the sheet was circulated, or (3) certifying that
none of the signatures on the sheet were signed more than 90
days preceding the last day for the filing of the petition and
certifying that to the best of his or her knowledge and belief
the persons so signing were at the time of signing the
petitions qualified voters of the political party for which a
nomination is sought. Such statement shall be sworn to before
some officer authorized to administer oaths in this State.
No petition sheet shall be circulated more than 90 days
preceding the last day provided in Section 7-12 for the filing
of such petition.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that:
(1) the person striking the signature shall initial the
petition at the place where the signature is struck; and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
Such sheets before being filed shall be neatly fastened
together in book form, by placing the sheets in a pile and
fastening them together at one edge in a secure and suitable
manner, and the sheets shall then be numbered consecutively.
The sheets shall not be fastened by pasting them together end
to end, so as to form a continuous strip or roll. All petition

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sheets which are filed with the proper local election
officials, election authorities or the State Board of Elections
shall be the original sheets which have been signed by the
voters and by the circulator thereof, and not photocopies or
duplicates of such sheets. Each petition must include as a part
thereof, a statement of candidacy for each of the candidates
filing, or in whose behalf the petition is filed. This
statement shall set out the address of such candidate, the
office for which he is a candidate, shall state that the
candidate is a qualified primary voter of the party to which
the petition relates and is qualified for the office specified
(in the case of a candidate for State's Attorney it shall state
that the candidate is at the time of filing such statement a
licensed attorney-at-law of this State), shall state that he
has filed (or will file before the close of the petition filing
period) a statement of economic interests as required by the
Illinois Governmental Ethics Act, shall request that the
candidate's name be placed upon the official ballot, and shall
be subscribed and sworn to by such candidate before some
officer authorized to take acknowledgment of deeds in the State
and shall be in substantially the following form:
Statement of Candidacy
Name Address Office District Party
John Jones 102 Main St. Governor Statewide Republican
Belvidere,
Illinois

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State of Illinois)
) ss.
County of .......)
I, ...., being first duly sworn, say that I reside at ....
Street in the city (or village) of ...., in the county of ....,
State of Illinois; that I am a qualified voter therein and am a
qualified primary voter of the .... party; that I am a
candidate for nomination (for election in the case of
committeeman and delegates and alternate delegates) to the
office of .... to be voted upon at the primary election to be
held on (insert date); that I am legally qualified (including
being the holder of any license that may be an eligibility
requirement for the office I seek the nomination for) to hold
such office; that I have not been convicted of a felony under
the laws of this State, another state, the United States, or a
foreign country; and that I have filed (or I will file before
the close of the petition filing period) a statement of
economic interests as required by the Illinois Governmental
Ethics Act and I hereby request that my name be printed upon
the official primary ballot for nomination for (or election to
in the case of committeemen and delegates and alternate
delegates) such office.
Signed ......................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date).

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Signed ....................
(Official Character)
(Seal, if officer has one.)
The petitions, when filed, shall not be withdrawn or added
to, and no signatures shall be revoked except by revocation
filed in writing with the State Board of Elections, election
authority or local election official with whom the petition is
required to be filed, and before the filing of such petition.
Whoever forges the name of a signer upon any petition required
by this Article is deemed guilty of a forgery and on conviction
thereof shall be punished accordingly.
A candidate for the offices listed in this Section must
obtain the number of signatures specified in this Section on
his or her petition for nomination.
(a) Statewide office or delegate to a national nominating
convention. If a candidate seeks to run for statewide office or
as a delegate or alternate delegate to a national nominating
convention elected from the State at-large, then the
candidate's petition for nomination must contain at least 5,000
but not more than 10,000 signatures.
(b) Congressional office or congressional delegate to a
national nominating convention. If a candidate seeks to run for
United States Congress or as a congressional delegate or
alternate congressional delegate to a national nominating
convention elected from a congressional district, then the

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candidate's petition for nomination must contain at least the
number of signatures equal to 0.5% of the qualified primary
electors of his or her party in his or her congressional
district. In the first primary election following a
redistricting of congressional districts, a candidate's
petition for nomination must contain at least 600 signatures of
qualified primary electors of the candidate's political party
in his or her congressional district.
(c) County office. If a candidate seeks to run for any
countywide office, including but not limited to county board
chairperson or county board member, elected on an at-large
basis, in a county other than Cook County, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified electors of his or
her party who cast votes at the last preceding general election
in his or her county. If a candidate seeks to run for county
board member elected from a county board district, then the
candidate's petition for nomination must contain at least the
number of signatures equal to 0.5% of the qualified primary
electors of his or her party in the county board district. In
the first primary election following a redistricting of county
board districts or the initial establishment of county board
districts, a candidate's petition for nomination must contain
at least the number of signatures equal to 0.5% of the
qualified electors of his or her party in the entire county who
cast votes at the last preceding general election divided by

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the total number of county board districts comprising the
county board; provided that in no event shall the number of
signatures be less than 25.
(d) County office; Cook County only.
(1) If a candidate seeks to run for countywide office
in Cook County, then the candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party
who cast votes at the last preceding general election in
Cook County.
(2) If a candidate seeks to run for Cook County Board
Commissioner, then the candidate's petition for nomination
must contain at least the number of signatures equal to
0.5% of the qualified primary electors of his or her party
in his or her county board district. In the first primary
election following a redistricting of Cook County Board of
Commissioners districts, a candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party
in the entire county who cast votes at the last preceding
general election divided by the total number of county
board districts comprising the county board; provided that
in no event shall the number of signatures be less than 25.
(3) If a candidate seeks to run for Cook County Board
of Review Commissioner, which is elected from a district
pursuant to subsection (c) of Section 5-5 of the Property

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Tax Code, then the candidate's petition for nomination must
contain at least the number of signatures equal to 0.5% of
the total number of registered voters in his or her board
of review district in the last general election at which a
commissioner was regularly scheduled to be elected from
that board of review district. In no event shall the number
of signatures required be greater than the requisite number
for a candidate who seeks countywide office in Cook County
under subsection (d)(1) of this Section. In the first
primary election following a redistricting of Cook County
Board of Review districts, a candidate's petition for
nomination must contain at least 4,000 signatures or at
least the number of signatures required for a countywide
candidate in Cook County, whichever is less, of the
qualified electors of his or her party in the district.
(e) Municipal or township office. If a candidate seeks to
run for municipal or township office, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of
his or her party in the municipality or township. If a
candidate seeks to run for alderman of a municipality, then the
candidate's petition for nomination must contain at least the
number of signatures equal to 0.5% of the qualified primary
electors of his or her party of the ward. In the first primary
election following redistricting of aldermanic wards or
trustee districts of a municipality or the initial

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establishment of wards or districts, a candidate's petition for
nomination must contain the number of signatures equal to at
least 0.5% of the total number of votes cast for the candidate
of that political party who received the highest number of
votes in the entire municipality at the last regular election
at which an officer was regularly scheduled to be elected from
the entire municipality, divided by the number of wards or
districts. In no event shall the number of signatures be less
than 25.
(f) State central committeeperson. If a candidate seeks to
run for State central committeeperson, then the candidate's
petition for nomination must contain at least 100 signatures of
the primary electors of his or her party of his or her
congressional district.
(g) Sanitary district trustee. If a candidate seeks to run
for trustee of a sanitary district in which trustees are not
elected from wards, then the candidate's petition for
nomination must contain at least the number of signatures equal
to 0.5% of the primary electors of his or her party from the
sanitary district. If a candidate seeks to run for trustee of a
sanitary district in which trustees are elected from wards,
then the candidate's petition for nomination must contain at
least the number of signatures equal to 0.5% of the primary
electors of his or her party in the ward of that sanitary
district. In the first primary election following
redistricting of sanitary districts elected from wards, a

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candidate's petition for nomination must contain at least the
signatures of 150 qualified primary electors of his or her ward
of that sanitary district.
(h) Judicial office. If a candidate seeks to run for
judicial office in a district, then the candidate's petition
for nomination must contain the number of signatures equal to
0.4% of the number of votes cast in that district for the
candidate for his or her political party for the office of
Governor at the last general election at which a Governor was
elected, but in no event less than 500 signatures. If a
candidate seeks to run for judicial office in a circuit or
subcircuit, then the candidate's petition for nomination must
contain the number of signatures equal to 0.25% of the number
of votes cast for the judicial candidate of his or her
political party who received the highest number of votes at the
last general election at which a judicial officer from the same
circuit or subcircuit was regularly scheduled to be elected,
but in no event less than 500 signatures.
(i) Precinct, ward, and township committeeperson. If a
candidate seeks to run for precinct committeeperson, then the
candidate's petition for nomination must contain at least 10
signatures of the primary electors of his or her party for the
precinct. If a candidate seeks to run for ward committeeperson,
then the candidate's petition for nomination must contain no
less than the number of signatures equal to 10% of the primary
electors of his or her party of the ward, but no more than 16%

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of those same electors; provided that the maximum number of
signatures may be 50 more than the minimum number, whichever is
greater. If a candidate seeks to run for township
committeeperson, then the candidate's petition for nomination
must contain no less than the number of signatures equal to 5%
of the primary electors of his or her party of the township,
but no more than 8% of those same electors; provided that the
maximum number of signatures may be 50 more than the minimum
number, whichever is greater.
(j) State's attorney or regional superintendent of schools
for multiple counties. If a candidate seeks to run for State's
attorney or regional Superintendent of Schools who serves more
than one county, then the candidate's petition for nomination
must contain at least the number of signatures equal to 0.5% of
the primary electors of his or her party in the territory
comprising the counties.
(k) Any other office. If a candidate seeks any other
office, then the candidate's petition for nomination must
contain at least the number of signatures equal to 0.5% of the
registered voters of the political subdivision, district, or
division for which the nomination is made or 25 signatures,
whichever is greater.
For purposes of this Section the number of primary electors
shall be determined by taking the total vote cast, in the
applicable district, for the candidate for that political party
who received the highest number of votes, statewide, at the

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last general election in the State at which electors for
President of the United States were elected. For political
subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for
that political party who received the highest number of votes
in the political subdivision at the last regular election at
which an officer was regularly scheduled to be elected from
that subdivision. For wards or districts of political
subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for
that political party who received the highest number of votes
in the ward or district at the last regular election at which
an officer was regularly scheduled to be elected from that ward
or district.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than one
party.
The changes made to this Section of this amendatory Act of
the 93rd General Assembly are declarative of existing law,
except for item (3) of subsection (d).
Petitions of candidates for nomination for offices herein
specified, to be filed with the same officer, may contain the
names of 2 or more candidates of the same political party for
the same or different offices. In the case of the offices of
Governor and Lieutenant Governor, a joint petition including
one candidate for each of those offices must be filed.

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(l) A person convicted of a felony under the laws of
another country is ineligible as a candidate for office only if
the felony under that country's laws is substantially similar
to a felony violation in this country and if that country's
judicial system affords a criminal defendant guarantees of due
process similar to those afforded to a criminal defendant in
the United States. A candidate who has been convicted of a
felony under the laws of another country whose laws do not meet
the requirements of this subsection (l) need not attest that he
or she has not been convicted of such felony.
(Source: P.A. 95-699, eff. 11-9-07; 95-916, eff. 8-26-08;
96-1018, eff. 1-1-11.)
(10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
Sec. 8-8. Form of petition for nomination. The name of no
candidate for nomination shall be printed upon the primary
ballot unless a petition for nomination shall have been filed
in his behalf as provided for in this Section. Each such
petition shall include as a part thereof the oath required by
Section 7-10.1 of this Act and a statement of candidacy by the
candidate filing or in whose behalf the petition is filed. This
statement shall set out the address of such candidate, the
office for which he is a candidate, shall state that the
candidate is a qualified primary voter of the party to which
the petition relates, is qualified for the office specified and
has filed a statement of economic interests as required by the

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Illinois Governmental Ethics Act, shall request that the
candidate's name be placed upon the official ballot and shall
be subscribed and sworn by such candidate before some officer
authorized to take acknowledgment of deeds in this State and
may be in substantially the following form:
State of Illinois)
) ss.
County ..........)
I, ...., being first duly sworn, say that I reside at ....
street in the city (or village of) .... in the county of ....
State of Illinois; that I am a qualified voter therein and am a
qualified primary voter of .... party; that I am a candidate
for nomination to the office of .... to be voted upon at the
primary election to be held on (insert date); that I am legally
qualified to hold such office; that I have not been convicted
of a felony under the laws of this State, another state, the
United States, or a foreign country; and that I have filed a
statement of economic interests as required by the Illinois
Governmental Ethics Act and I hereby request that my name be
printed upon the official primary ballot for nomination for
such office.
Signed ....................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date).
Signed .... (Official Character)
(Seal if officer has one.)

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The receipt issued by the Secretary of State indicating
that the candidate has filed the statement of economic
interests required by the Illinois Governmental Ethics Act must
be filed with the petitions for nomination as provided in
subsection (8) of Section 7-12 of this Code.
All petitions for nomination for the office of State
Senator shall be signed by 1% or 1,000, whichever is greater,
of the qualified primary electors of the candidate's party in
his legislative district, except that for the first primary
following a redistricting of legislative districts, such
petitions shall be signed by at least 1,000 qualified primary
electors of the candidate's party in his legislative district.
All petitions for nomination for the office of
Representative in the General Assembly shall be signed by at
least 1% or 500, whichever is greater, of the qualified primary
electors of the candidate's party in his or her representative
district, except that for the first primary following a
redistricting of representative districts such petitions shall
be signed by at least 500 qualified primary electors of the
candidate's party in his or her representative district.
Opposite the signature of each qualified primary elector
who signs a petition for nomination for the office of State
Representative or State Senator such elector's residence
address shall be written or printed. The residence address
required to be written or printed opposite each qualified
primary elector's name shall include the street address or

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rural route number of the signer, as the case may be, as well
as the signer's county and city, village or town.
For the purposes of this Section, the number of primary
electors shall be determined by taking the total vote cast, in
the applicable district, for the candidate for such political
party who received the highest number of votes, state-wide, at
the last general election in the State at which electors for
President of the United States were elected.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than one
party.
In the affidavit at the bottom of each sheet, the petition
circulator, who shall be a person 18 years of age or older who
is a citizen of the United States, shall state his or her
street address or rural route number, as the case may be, as
well as his or her county, city, village or town, and state;
and shall certify that the signatures on that sheet of the
petition were signed in his or her presence; and shall certify
that the signatures are genuine; and shall certify that to the
best of his or her knowledge and belief the persons so signing
were at the time of signing the petition qualified primary
voters for which the nomination is sought.
In the affidavit at the bottom of each petition sheet, the
petition circulator shall either (1) indicate the dates on
which he or she circulated that sheet, or (2) indicate the
first and last dates on which the sheet was circulated, or (3)

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certify that none of the signatures on the sheet were signed
more than 90 days preceding the last day for the filing of the
petition. No petition sheet shall be circulated more than 90
days preceding the last day provided in Section 8-9 for the
filing of such petition.
All petition sheets which are filed with the State Board of
Elections shall be the original sheets which have been signed
by the voters and by the circulator, and not photocopies or
duplicates of such sheets.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that:
(1) the person striking the signature shall initial the
petition at the place where the signature is struck; and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
A person convicted of a felony under the laws of another
country is ineligible as a candidate for office only if the
felony under that country's laws is substantially similar to a
felony violation in this country and if that country's judicial
system affords a criminal defendant guarantees of due process
similar to those afforded to a criminal defendant in the United
States. A candidate who has been convicted of a felony under
the laws of another country whose laws do not meet the

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requirements of this paragraph need not attest that he or she
has not been convicted of such felony.
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/10-5) (from Ch. 46, par. 10-5)
Sec. 10-5. All petitions for nomination shall, besides
containing the names of candidates, specify as to each:
1. The office or offices to which such candidate or
candidates shall be nominated.
2. The new political party, if any, represented, expressed
in not more than 5 words. However, such party shall not bear
the same name as, nor include the name of any established
political party as defined in this Article. This prohibition
does not preclude any established political party from making
nominations in those cases in which it is authorized to do so.
3. The place of residence of any such candidate or
candidates with the street and number thereof, if any. In the
case of electors for President and Vice-President of the United
States, the names of candidates for President and
Vice-President may be added to the party name or appellation.
Such certificate of nomination or nomination papers in
addition shall include as a part thereof, the oath required by
Section 7-10.1 of this Act and must include a statement of
candidacy for each of the candidates named therein, except
candidates for electors for President and Vice-President of the
United States. Each such statement shall set out the address of

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such candidate, the office for which he is a candidate, shall
state that the candidate is qualified for the office specified
and has filed (or will file before the close of the petition
filing period) a statement of economic interests as required by
the Illinois Governmental Ethics Act, shall request that the
candidate's name be placed upon the official ballot and shall
be subscribed and sworn to by such candidate before some
officer authorized to take acknowledgments of deeds in this
State, and may be in substantially the following form:
State of Illinois)
) SS.
County of........)
I,...., being first duly sworn, say that I reside at....
street, in the city (or village) of.... in the county of....
State of Illinois; and that I am a qualified voter therein;
that I am a candidate for election to the office of.... to be
voted upon at the election to be held on the.... day
of....,.....; and that I am legally qualified to hold such
office; that I have not been convicted of a felony under the
laws of this State, another state, the United States, or a
foreign country; and that I have filed (or will file before the
close of the petition filing period) a statement of economic
interests as required by the Illinois Governmental Ethics Act,
and I hereby request that my name be printed upon the official
ballot for election to such office.
Signed.................

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Subscribed and sworn to (or affirmed) before me by.... who
is to me personally known, this.... day of....,......
Signed.................
(Official Character)
(Seal, if officer has one.)
In addition, a new political party petition shall have
attached thereto a certificate stating the names and addresses
of the party officers authorized to fill vacancies in
nomination pursuant to Section 10-11.
Nomination papers filed under this Section are not valid if
the candidate named therein fails to file a statement of
economic interests as required by the Illinois Governmental
Ethics Act in relation to his candidacy with the appropriate
officer by the end of the period for the filing of nomination
papers unless he has filed a statement of economic interests in
relation to the same governmental unit with that officer during
the same calendar year as the year in which such nomination
papers were filed. If the nomination papers of any candidate
and the statement of economic interest of that candidate are
not required to be filed with the same officer, the candidate
must file with the officer with whom the nomination papers are
filed a receipt from the officer with whom the statement of
economic interests is filed showing the date on which such
statement was filed. Such receipt shall be so filed not later
than the last day on which nomination papers may be filed.
A person convicted of a felony under the laws of another

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country is ineligible as a candidate for office only if the
felony under that country's laws is substantially similar to a
felony violation in this country and if that country's judicial
system affords a criminal defendant guarantees of due process
similar to those afforded to a criminal defendant in the United
States. A candidate who has been convicted of a felony under
the laws of another country whose laws do not meet the
requirements of this paragraph need not attest that he or she
has not been convicted of such felony.
(Source: P.A. 84-551.)
(10 ILCS 5/25-2) (from Ch. 46, par. 25-2)
Sec. 25-2. Events on which an elective office becomes
vacant. Every elective office shall become vacant on the
happening of any of the following events before the expiration
of the term of such office:
(1) The death of the incumbent.
(2) His or her resignation.
(3) His or her becoming a person under legal
disability.
(4) His or her ceasing to be an inhabitant of the
State; or if the office is local, his or her ceasing to be
an inhabitant of the district, county, town, or precinct
for which he or she was elected; provided, that the
provisions of this paragraph shall not apply to township
officers whose township boundaries are changed in

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accordance with Section 10-20 of the Township Code, to a
township officer after disconnection as set forth in
Section 15-17 of the Township Code, nor to township or
multi-township assessors elected under Sections 2-5
through 2-15 of the Property Tax Code.
(5) His or her conviction of an infamous crime, or of
any offense involving a violation of official oath.
(5.1) His or her conviction of a felony under the laws
of this State, another state, the United States, or a
foreign country. A person shall only be considered
ineligible to hold elective office for conviction of a
felony under the laws of another country if the felony
under that country's laws is substantially similar to a
felony violation in this country and if that country's
judicial system affords a criminal defendant guarantees of
due process similar to those afforded to a criminal
defendant in the United States. The provisions of this
clause (5.1) shall prohibit the restoration of rights of a
person convicted of a felony to hold elective office if the
person seeks an elective office or reelection to office
after the effective date of this amendatory Act of the 97th
General Assembly.
(6) His or her removal from office.
(7) His or her refusal or neglect to take his or her
oath of office, or to give or renew his or her official
bond, or to deposit or file such oath or bond within the

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time prescribed by law.
(8) The decision of a competent tribunal declaring his
or her election void.
No elective office, except as herein otherwise provided,
shall become vacant until the successor of the incumbent of
such office has been appointed or elected, as the case may be,
and qualified.
An unconditional resignation, effective at a future date,
may not be withdrawn after it is received by the officer
authorized to fill the vacancy. Such resignation shall create a
vacancy in office for the purpose of determining the time
period which would require an election. The resigning office
holder may continue to hold such office until the date or event
specified in such resignation, but no later than the date at
which his or her successor is elected and qualified.
An admission of guilt of a criminal offense that would,
upon conviction, disqualify the holder of an elective office
from holding that office, in the form of a written agreement
with State or federal prosecutors to plead guilty to a felony,
bribery, perjury, or other infamous crime under State or
federal law, shall constitute a resignation from that office,
effective at the time the plea agreement is made.
For purposes of this Section, a conviction for an offense
that disqualifies the holder of an elective office from holding
that office shall occur on the date of the return of a guilty
verdict or, in the case of a trial by the court, the entry of a

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finding of guilt.
This Section does not apply to any elected or appointed
officers or officials of any municipality having a population
under 500,000.
(Source: P.A. 94-529, eff. 8-10-05; 95-646, eff. 1-1-08.)
(10 ILCS 5/29-10) (from Ch. 46, par. 29-10)
Sec. 29-10. Perjury. (a) Any person who makes a false
statement, material to the issue or point in question, which he
does not believe to be true, in any affidavit, certificate or
sworn oral declaration required by any provision of this Code
shall be guilty of a Class 3 felony.
(b) Any person who is convicted of violating this Section
shall be ineligible for elective office. Any person who is
convicted of violating this Section shall be ineligible for
public employment for a period of 5 years immediately following
the completion of his sentence. For the purpose of this
subsection, "public employment" shall mean any elected or
appointed office created by the Constitution or laws of this
State, or any ordinance of a unit of local government. "Public
employment" shall also include any position as an employee of
the State of Illinois, or a unit of local government or school
district.
(Source: P.A. 83-1097.)
Section 10. The Unified Code of Corrections is amended by

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changing Section 5-5-5 as follows:
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
Sec. 5-5-5. Loss and Restoration of Rights.
(a) Conviction and disposition shall not entail the loss by
the defendant of any civil rights, except under this Section
and Sections 29-6 and 29-10 of The Election Code, as now or
hereafter amended.
(b) A person convicted of a felony under the laws of this
State, another state, the United States, or a foreign country
shall be ineligible to hold an office created by the
Constitution of this State or an elective office created by law
or ordinance. A person shall only be considered ineligible to
hold elective office for conviction of a felony under the laws
of another country if the felony under that country's laws is
substantially similar to a felony violation in this country and
if that country's judicial system affords a criminal defendant
guarantees of due process similar to those afforded to a
criminal defendant in the United States. The provisions of this
subsection (b) shall prohibit the restoration of rights of a
person convicted of a felony to hold elective office if the
person seeks an elective office or reelection to office after
the effective date of this amendatory Act of the 97th General
Assembly until the completion of his sentence.
(c) A person sentenced to imprisonment shall lose his right
to vote until released from imprisonment.

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(d) On completion of sentence of imprisonment or upon
discharge from probation, conditional discharge or periodic
imprisonment, or at any time thereafter, all license rights and
privileges granted under the authority of this State which have
been revoked or suspended because of conviction of an offense
shall be restored unless the authority having jurisdiction of
such license rights finds after investigation and hearing that
restoration is not in the public interest. This paragraph (d)
shall not apply to the suspension or revocation of a license to
operate a motor vehicle under the Illinois Vehicle Code.
(e) Upon a person's discharge from incarceration or parole,
or upon a person's discharge from probation or at any time
thereafter, the committing court may enter an order certifying
that the sentence has been satisfactorily completed when the
court believes it would assist in the rehabilitation of the
person and be consistent with the public welfare. Such order
may be entered upon the motion of the defendant or the State or
upon the court's own motion.
(f) Upon entry of the order, the court shall issue to the
person in whose favor the order has been entered a certificate
stating that his behavior after conviction has warranted the
issuance of the order.
(g) This Section shall not affect the right of a defendant
to collaterally attack his conviction or to rely on it in bar
of subsequent proceedings for the same offense.
(h) No application for any license specified in subsection

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(i) of this Section granted under the authority of this State
shall be denied by reason of an eligible offender who has
obtained a certificate of relief from disabilities, as defined
in Article 5.5 of this Chapter, having been previously
convicted of one or more criminal offenses, or by reason of a
finding of lack of "good moral character" when the finding is
based upon the fact that the applicant has previously been
convicted of one or more criminal offenses, unless:
(1) there is a direct relationship between one or more
of the previous criminal offenses and the specific license
sought; or
(2) the issuance of the license would involve an
unreasonable risk to property or to the safety or welfare
of specific individuals or the general public.
In making such a determination, the licensing agency shall
consider the following factors:
(1) the public policy of this State, as expressed in
Article 5.5 of this Chapter, to encourage the licensure and
employment of persons previously convicted of one or more
criminal offenses;
(2) the specific duties and responsibilities
necessarily related to the license being sought;
(3) the bearing, if any, the criminal offenses or
offenses for which the person was previously convicted will
have on his or her fitness or ability to perform one or
more such duties and responsibilities;

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(4) the time which has elapsed since the occurrence of
the criminal offense or offenses;
(5) the age of the person at the time of occurrence of
the criminal offense or offenses;
(6) the seriousness of the offense or offenses;
(7) any information produced by the person or produced
on his or her behalf in regard to his or her rehabilitation
and good conduct, including a certificate of relief from
disabilities issued to the applicant, which certificate
shall create a presumption of rehabilitation in regard to
the offense or offenses specified in the certificate; and
(8) the legitimate interest of the licensing agency in
protecting property, and the safety and welfare of specific
individuals or the general public.
(i) A certificate of relief from disabilities shall be
issued only for a license or certification issued under the
following Acts:
(1) the Animal Welfare Act; except that a certificate
of relief from disabilities may not be granted to provide
for the issuance or restoration of a license under the
Animal Welfare Act for any person convicted of violating
Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
Care for Animals Act or Section 26-5 of the Criminal Code
of 1961;
(2) the Illinois Athletic Trainers Practice Act;
(3) the Barber, Cosmetology, Esthetics, Hair Braiding,

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and Nail Technology Act of 1985;
(4) the Boiler and Pressure Vessel Repairer Regulation
Act;
(5) the Professional Boxing Act;
(6) the Illinois Certified Shorthand Reporters Act of
1984;
(7) the Illinois Farm Labor Contractor Certification
Act;
(8) the Interior Design Title Act;
(9) the Illinois Professional Land Surveyor Act of
1989;
(10) the Illinois Landscape Architecture Act of 1989;
(11) the Marriage and Family Therapy Licensing Act;
(12) the Private Employment Agency Act;
(13) the Professional Counselor and Clinical
Professional Counselor Licensing Act;
(14) the Real Estate License Act of 2000;
(15) the Illinois Roofing Industry Licensing Act;
(16) the Professional Engineering Practice Act of
1989;
(17) the Water Well and Pump Installation Contractor's
License Act;
(18) the Electrologist Licensing Act;
(19) the Auction License Act;
(20) Illinois Architecture Practice Act of 1989;
(21) the Dietetic and Nutrition Services Practice Act;

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(22) the Environmental Health Practitioner Licensing
Act;
(23) the Funeral Directors and Embalmers Licensing
Code;
(24) the Land Sales Registration Act of 1999;
(25) the Professional Geologist Licensing Act;
(26) the Illinois Public Accounting Act; and
(27) the Structural Engineering Practice Act of 1989.
(Source: P.A. 96-1246, eff. 1-1-11.)