Bill Text: IL HB2417 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that, at a State convention, each county shall be entitled to one delegate for each 500 ballots voted by the primary electors of the party in such county at the most recent general primary held prior to the convention (instead of the primary to be held next after the call for the convention). Provides that the State Board of Elections or the appropriate election authority or local election official shall notify a person for whom a petition for nomination has been filed of the obligation to file campaign disclosure documents (now, those documents are listed). Provides that an election authority shall, at least 46 days (now, 45 days) prior to the date of the primary election, have a sufficient number of ballots printed so that the ballots will be available for mailing 45 days prior to the primary election. Provides that the State Board of Elections shall send a written notice of any fine or penalty assessed or imposed against the political committee by first class mail (instead of certified mail) to the address of the political committee. Provides that provisions of the Code concerning placement of signage on public property beyond the campaign free zone apply to polling places for early voting. Makes various technical corrections. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2417 Detail]

Download: Illinois-2013-HB2417-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2417 Introduced , by Rep. Ed Sullivan, Jr. SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-9 from Ch. 46, par. 7-9
10 ILCS 5/7-12 from Ch. 46, par. 7-12
10 ILCS 5/7-16 from Ch. 46, par. 7-16
10 ILCS 5/7-43 from Ch. 46, par. 7-43
10 ILCS 5/9-3 from Ch. 46, par. 9-3
10 ILCS 5/9-15 from Ch. 46, par. 9-15
10 ILCS 5/10-6.1 from Ch. 46, par. 10-6.1
10 ILCS 5/19-4 from Ch. 46, par. 19-4
10 ILCS 5/19-6 from Ch. 46, par. 19-6
10 ILCS 5/19A-70
10 ILCS 5/28-12 from Ch. 46, par. 28-12
10 ILCS 5/29B-10 from Ch. 46, par. 29B-10; formerly Ch. 46, par. 1103
60 ILCS 1/45-20
60 ILCS 1/45-35
615 ILCS 90/5 from Ch. 19, par. 1205
Amends the Election Code. Provides that, at a State convention, each county shall be entitled to one delegate for each 500 ballots voted by the primary electors of the party in such county at the most recent general primary held prior to the convention (instead of the primary to be held next after the call for the convention). Provides that the State Board of Elections or the appropriate election authority or local election official shall notify a person for whom a petition for nomination has been filed of the obligation to file campaign disclosure documents (now, those documents are listed). Provides that an election authority shall, at least 46 days (now, 45 days) prior to the date of the primary election, have a sufficient number of ballots printed so that the ballots will be available for mailing 45 days prior to the primary election. Provides that the State Board of Elections shall send a written notice of any fine or penalty assessed or imposed against the political committee by first class mail (instead of certified mail) to the address of the political committee. Provides that provisions of the Code concerning placement of signage on public property beyond the campaign free zone apply to polling places for early voting. Makes various technical corrections. Effective immediately.
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A BILL FOR
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AN ACT concerning elections.
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 7-9, 7-12, 7-16, 7-43, 9-3, 9-15, 10-6.1, 19-4, 19-6,
19A-70, 28-12, and 29B-10 as follows:
(10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
Sec. 7-9. County central committee; county and State
conventions.
(a) On the 29th day next succeeding the primary at which
committeemen are elected, the county central committee of each
political party shall meet within the county and proceed to
organize by electing from its own number a chairman and either
from its own number, or otherwise, such other officers as such
committee may deem necessary or expedient. Such meeting of the
county central committee shall be known as the county
convention.
The chairman of each county committee shall within 10 days
after the organization, forward to the State Board of
Elections, the names and post office addresses of the officers,
precinct committeemen and representative committeemen elected
by his political party.
The county convention of each political party shall choose

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delegates to the State convention of its party; but in any
county having within its limits any city having a population of
200,000, or over the delegates from such city shall be chosen
by wards, the ward committeemen from the respective wards
choosing the number of delegates to which such ward is entitled
on the basis prescribed in paragraph (e) of this Section such
delegates to be members of the delegation to the State
convention from such county. In all counties containing a
population of 2,000,000 or more outside of cities having a
population of 200,000 or more, the delegates from each of the
townships or parts of townships as the case may be shall be
chosen by townships or parts of townships as the case may be,
the township committeemen from the respective townships or
parts of townships as the case may be choosing the number of
delegates to which such townships or parts of townships as the
case may be are entitled, on the basis prescribed in paragraph
(e) of this Section such delegates to be members of the
delegation to the State convention from such county.
Each member of the State Central Committee of a political
party which elects its members by Alternative B under paragraph
(a) of Section 7-8 shall be a delegate to the State Convention,
ex officio.
Each member of the State Central Committee of a political
party which elects its members by Alternative B under paragraph
(a) of Section 7-8 may appoint 2 delegates to the State
Convention who must be residents of the member's Congressional

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District.
(b) State conventions shall be held within 180 days after
the general primary in the year 2000 and every 4 years
thereafter. In the year 1998, and every 4 years thereafter, the
chairman of a State central committee may issue a call for a
State convention within 180 days after the general primary.
The State convention of each political party has power to
make nominations of candidates of its political party for the
electors of President and Vice President of the United States,
and to adopt any party platform, and, to the extent determined
by the State central committee as provided in Section 7-14, to
choose and select delegates and alternate delegates at large to
national nominating conventions. The State Central Committee
may adopt rules to provide for and govern the procedures of the
State convention.
(c) The chairman and secretary of each State convention
shall, within 2 days thereafter, transmit to the State Board of
Elections of this State a certificate setting forth the names
and addresses of all persons nominated by such State convention
for electors of President and Vice President of the United
States, and of any persons selected by the State convention for
delegates and alternate delegates at large to national
nominating conventions; and the names of such candidates so
chosen by such State convention for electors of President and
Vice President of the United States, shall be caused by the
State Board of Elections to be printed upon the official ballot

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at the general election, in the manner required by law, and
shall be certified to the various county clerks of the proper
counties in the manner as provided in Section 7-60 of this
Article 7 for the certifying of the names of persons nominated
by any party for State offices. If and as long as this Act
prescribes that the names of such electors be not printed on
the ballot, then the names of such electors shall be certified
in such manner as may be prescribed by the parts of this Act
applicable thereto.
(d) Each convention may perform all other functions
inherent to such political organization and not inconsistent
with this Article.
(e) At least 33 days before the date of a State convention,
the chairman of the State central committee of each political
party shall file in the principal office of the State Board of
Elections a call for the State convention. Such call shall
state, among other things, the time and place (designating the
building or hall) for holding the State convention. Such call
shall be signed by the chairman and attested by the secretary
of the committee. In such convention each county shall be
entitled to one delegate for each 500 ballots voted by the
primary electors of the party in such county at the most recent
general primary to be held prior to the convention next after
the issuance of such call; and if in such county, less than 500
ballots are so voted or if the number of ballots so voted is
not exactly a multiple of 500, there shall be one delegate for

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such group which is less than 500, or for such group
representing the number of votes over the multiple of 500,
which delegate shall have 1/500 of one vote for each primary
vote so represented by him. The call for such convention shall
set forth this paragraph (e) of Section 7-9 in full and shall
direct that the number of delegates to be chosen be calculated
in compliance herewith and that such number of delegates be
chosen.
(f) All precinct, township and ward committeemen when
elected as provided in this Section shall serve as though
elected at large irrespective of any changes that may be made
in precinct, township or ward boundaries and the voting
strength of each committeeman shall remain as provided in this
Section for the entire time for which he is elected.
(g) The officers elected at any convention provided for in
this Section shall serve until their successors are elected as
provided in this Act.
(h) A special meeting of any central committee may be
called by the chairman, or by not less than 25% of the members
of such committee, by giving 5 days notice to members of such
committee in writing designating the time and place at which
such special meeting is to be held and the business which it is
proposed to present at such special meeting.
(i) Except as otherwise provided in this Act, whenever a
vacancy exists in the office of precinct committeeman because
no one was elected to that office or because the precinct

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committeeman ceases to reside in the precinct or for any other
reason, the chairman of the county central committee of the
appropriate political party may fill the vacancy in such office
by appointment of a qualified resident of the county and the
appointed precinct committeeman shall serve as though elected;
however, no such appointment may be made between the general
primary election and the 30th day after the general primary
election.
(j) If the number of Congressional Districts in the State
of Illinois is reduced as a result of reapportionment of
Congressional Districts following a federal decennial census,
the State Central Committeemen and Committeewomen of a
political party which elects its State Central Committee by
either Alternative A or by Alternative B under paragraph (a) of
Section 7-8 who were previously elected shall continue to serve
as if no reapportionment had occurred until the expiration of
their terms.
(Source: P.A. 93-847, eff. 7-30-04.)
(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
Sec. 7-12. All petitions for nomination shall be filed by
mail or in person as follows:
(1) Where the nomination is to be made for a State,
congressional, or judicial office, or for any office a
nomination for which is made for a territorial division or
district which comprises more than one county or is partly

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in one county and partly in another county or counties,
then, except as otherwise provided in this Section, such
petition for nomination shall be filed in the principal
office of the State Board of Elections not more than 113
and not less than 106 days prior to the date of the
primary, but, in the case of petitions for nomination to
fill a vacancy by special election in the office of
representative in Congress from this State, such petition
for nomination shall be filed in the principal office of
the State Board of Elections not more than 57 days and not
less than 50 days prior to the date of the primary.
Where a vacancy occurs in the office of Supreme,
Appellate or Circuit Court Judge within the 3-week period
preceding the 106th day before a general primary election,
petitions for nomination for the office in which the
vacancy has occurred shall be filed in the principal office
of the State Board of Elections not more than 92 nor less
than 85 days prior to the date of the general primary
election.
Where the nomination is to be made for delegates or
alternate delegates to a national nominating convention,
then such petition for nomination shall be filed in the
principal office of the State Board of Elections not more
than 113 and not less than 106 days prior to the date of
the primary; provided, however, that if the rules or
policies of a national political party conflict with such

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requirements for filing petitions for nomination for
delegates or alternate delegates to a national nominating
convention, the chairman of the State central committee of
such national political party shall notify the Board in
writing, citing by reference the rules or policies of the
national political party in conflict, and in such case the
Board shall direct such petitions to be filed in accordance
with the delegate selection plan adopted by the state
central committee of such national political party.
(2) Where the nomination is to be made for a county
office or trustee of a sanitary district then such petition
shall be filed in the office of the county clerk not more
than 113 nor less than 106 days prior to the date of the
primary.
(3) Where the nomination is to be made for a municipal
or township office, such petitions for nomination shall be
filed in the office of the local election official, not
more than 99 nor less than 92 days prior to the date of the
primary; provided, where a municipality's or township's
boundaries are coextensive with or are entirely within the
jurisdiction of a municipal board of election
commissioners, the petitions shall be filed in the office
of such board; and provided, that petitions for the office
of multi-township assessor shall be filed with the election
authority.
(4) The petitions of candidates for State central

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committeeman shall be filed in the principal office of the
State Board of Elections not more than 113 nor less than
106 days prior to the date of the primary.
(5) Petitions of candidates for precinct, township or
ward committeemen shall be filed in the office of the
county clerk not more than 113 nor less than 106 days prior
to the date of the primary.
(6) The State Board of Elections and the various
election authorities and local election officials with
whom such petitions for nominations are filed shall specify
the place where filings shall be made and upon receipt
shall endorse thereon the day and hour on which each
petition was filed. All petitions filed by persons waiting
in line as of 8:00 a.m. on the first day for filing, or as
of the normal opening hour of the office involved on such
day, shall be deemed filed as of 8:00 a.m. or the normal
opening hour, as the case may be. Petitions filed by mail
and received after midnight of the first day for filing and
in the first mail delivery or pickup of that day shall be
deemed as filed as of 8:00 a.m. of that day or as of the
normal opening hour of such day, as the case may be. All
petitions received thereafter shall be deemed as filed in
the order of actual receipt. However, 2 or more petitions
filed within the last hour of the filing deadline shall be
deemed filed simultaneously. Where 2 or more petitions are
received simultaneously, the State Board of Elections or

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the various election authorities or local election
officials with whom such petitions are filed shall break
ties and determine the order of filing, by means of a
lottery or other fair and impartial method of random
selection approved by the State Board of Elections. Such
lottery shall be conducted within 9 days following the last
day for petition filing and shall be open to the public.
Seven days written notice of the time and place of
conducting such random selection shall be given by the
State Board of Elections to the chairman of the State
central committee of each established political party, and
by each election authority or local election official, to
the County Chairman of each established political party,
and to each organization of citizens within the election
jurisdiction which was entitled, under this Article, at the
next preceding election, to have pollwatchers present on
the day of election. The State Board of Elections, election
authority or local election official shall post in a
conspicuous, open and public place, at the entrance of the
office, notice of the time and place of such lottery. The
State Board of Elections shall adopt rules and regulations
governing the procedures for the conduct of such lottery.
All candidates shall be certified in the order in which
their petitions have been filed. Where candidates have
filed simultaneously, they shall be certified in the order
determined by lot and prior to candidates who filed for the

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same office at a later time.
(7) The State Board of Elections or the appropriate
election authority or local election official with whom
such a petition for nomination is filed shall notify the
person for whom a petition for nomination has been filed of
the obligation to file campaign disclosure documents
statements of organization, reports of campaign
contributions, and annual reports of campaign
contributions and expenditures under Article 9 of this Act
and the penalties for failure to file. Such notice shall be
given in the manner prescribed in by paragraph (7) of
Section 9-16 of this Code.
(8) 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 within a year preceding the date on
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

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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.
(9) Any person for whom a petition for nomination, or
for committeeman or for delegate or alternate delegate to a
national nominating convention has been filed may cause his
name to be withdrawn by request in writing, signed by him
and duly acknowledged before an officer qualified to take
acknowledgments of deeds, and filed in the principal or
permanent branch office of the State Board of Elections or
with the appropriate election authority or local election
official, not later than the date of certification of
candidates for the consolidated primary or general primary
ballot. No names so withdrawn shall be certified or printed
on the primary ballot. If petitions for nomination have
been filed for the same person with respect to more than
one political party, his name shall not be certified nor
printed on the primary ballot of any party. If petitions
for nomination have been filed for the same person for 2 or
more offices which are incompatible so that the same person
could not serve in more than one of such offices if
elected, that person must withdraw as a candidate for all
but one of such offices within the 5 business days
following the last day for petition filing. A candidate in
a judicial election may file petitions for nomination for
only one vacancy in a subcircuit and only one vacancy in a

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circuit in any one filing period, and if petitions for
nomination have been filed for the same person for 2 or
more vacancies in the same circuit or subcircuit in the
same filing period, his or her name shall be certified only
for the first vacancy for which the petitions for
nomination were filed. If he fails to withdraw as a
candidate for all but one of such offices within such time
his name shall not be certified, nor printed on the primary
ballot, for any office. For the purpose of the foregoing
provisions, an office in a political party is not
incompatible with any other office.
(10)(a) Notwithstanding the provisions of any other
statute, no primary shall be held for an established
political party in any township, municipality, or ward
thereof, where the nomination of such party for every
office to be voted upon by the electors of such township,
municipality, or ward thereof, is uncontested. Whenever a
political party's nomination of candidates is uncontested
as to one or more, but not all, of the offices to be voted
upon by the electors of a township, municipality, or ward
thereof, then a primary shall be held for that party in
such township, municipality, or ward thereof; provided
that the primary ballot shall not include those offices
within such township, municipality, or ward thereof, for
which the nomination is uncontested. For purposes of this
Article, the nomination of an established political party

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of a candidate for election to an office shall be deemed to
be uncontested where not more than the number of persons to
be nominated have timely filed valid nomination papers
seeking the nomination of such party for election to such
office.
(b) Notwithstanding the provisions of any other
statute, no primary election shall be held for an
established political party for any special primary
election called for the purpose of filling a vacancy in the
office of representative in the United States Congress
where the nomination of such political party for said
office is uncontested. For the purposes of this Article,
the nomination of an established political party of a
candidate for election to said office shall be deemed to be
uncontested where not more than the number of persons to be
nominated have timely filed valid nomination papers
seeking the nomination of such established party for
election to said office. This subsection (b) shall not
apply if such primary election is conducted on a regularly
scheduled election day.
(c) Notwithstanding the provisions in subparagraph (a)
and (b) of this paragraph (10), whenever a person who has
not timely filed valid nomination papers and who intends to
become a write-in candidate for a political party's
nomination for any office for which the nomination is
uncontested files a written statement or notice of that

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intent with the State Board of Elections or the local
election official with whom nomination papers for such
office are filed, a primary ballot shall be prepared and a
primary shall be held for that office. Such statement or
notice shall be filed on or before the date established in
this Article for certifying candidates for the primary
ballot. Such statement or notice shall contain (i) the name
and address of the person intending to become a write-in
candidate, (ii) a statement that the person is a qualified
primary elector of the political party from whom the
nomination is sought, (iii) a statement that the person
intends to become a write-in candidate for the party's
nomination, and (iv) the office the person is seeking as a
write-in candidate. An election authority shall have no
duty to conduct a primary and prepare a primary ballot for
any office for which the nomination is uncontested unless a
statement or notice meeting the requirements of this
Section is filed in a timely manner.
(11) If multiple sets of nomination papers are filed
for a candidate to the same office, the State Board of
Elections, appropriate election authority or local
election official where the petitions are filed shall
within 2 business days notify the candidate of his or her
multiple petition filings and that the candidate has 3
business days after receipt of the notice to notify the
State Board of Elections, appropriate election authority

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or local election official that he or she may cancel prior
sets of petitions. If the candidate notifies the State
Board of Elections, appropriate election authority or
local election official, the last set of petitions filed
shall be the only petitions to be considered valid by the
State Board of Elections, election authority or local
election official. If the candidate fails to notify the
State Board of Elections, election authority or local
election official then only the first set of petitions
filed shall be valid and all subsequent petitions shall be
void.
(12) All nominating petitions shall be available for
public inspection and shall be preserved for a period of
not less than 6 months.
(Source: P.A. 96-1008, eff. 7-6-10; 97-81, eff. 7-5-11;
97-1044, eff. 1-1-13.)
(10 ILCS 5/7-16) (from Ch. 46, par. 7-16)
Sec. 7-16. Each election authority in each county shall
prepare and cause to be printed the primary ballot of each
political party for each precinct in the election authority's
his respective jurisdiction.
The election authority shall, at least 45 days prior to the
date of the primary election, have a sufficient number of
ballots printed so that such ballots will be available for
mailing 45 days prior to the primary election to persons who

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have filed application for a ballot under the provisions of
Article 20 of this Act.
(Source: P.A. 80-1469.)
(10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
Sec. 7-43. Every person having resided in this State 6
months and in the precinct 30 days next preceding any primary
therein who shall be a citizen of the United States of the age
of 18 or more years, shall be entitled to vote at such primary.
The following regulations shall be applicable to
primaries:
No person shall be entitled to vote at a primary:
(a) Unless he declares his party affiliations as
required by this Article.
(b) (Blank.).
(c) (Blank.).
(c.5) If that person has participated in the town
political party caucus, under Section 45-50 of the
Township Code, of another political party by signing an
affidavit of voters attending the caucus within 87 45
days before the first day of the calendar month in
which the primary is held.
(d) (Blank.).
(e) In cities, villages and incorporated towns having a
board of election commissioners only voters registered as
provided by Article 6 of this Act shall be entitled to vote

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at such primary.
(f) No person shall be entitled to vote at a primary
unless he is registered under the provisions of Articles 4,
5 or 6 of this Act, when his registration is required by
any of said Articles to entitle him to vote at the election
with reference to which the primary is held.
A person (i) who filed a statement of candidacy for a
partisan office as a qualified primary voter of an established
political party or (ii) who voted the ballot of an established
political party at a general primary election may not file a
statement of candidacy as a candidate of a different
established political party or as an independent candidate for
a partisan office to be filled at the general election
immediately following the general primary for which the person
filed the statement or voted the ballot. A person may file a
statement of candidacy for a partisan office as a qualified
primary voter of an established political party regardless of
any prior filing of candidacy for a partisan office or voting
the ballot of an established political party at any prior
election.
(Source: P.A. 97-681, eff. 3-30-12; revised 8-3-12.)
(10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
Sec. 9-3. Political committee statement of organization.
(a) Every political committee shall file with the State
Board of Elections a statement of organization within 10

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business days of the creation of such committee, except any
political committee created within the 30 days before an
election shall file a statement of organization within 2
business days in person, by facsimile transmission, or by
electronic mail. Any change in information previously
submitted in a statement of organization shall be reported, as
required for the original statement of organization by this
Section, within 10 days following that change. A political
committee that acts as both a state political committee and a
local political committee shall file a copy of each statement
of organization with the State Board of Elections and the
county clerk. The Board shall impose a civil penalty of $50 per
business day upon political committees for failing to file or
late filing of a statement of organization. Such penalties
shall not exceed $5,000, and shall not exceed $10,000 for
statewide office political committees. There shall be no fine
if the statement is mailed and postmarked at least 72 hours
prior to the filing deadline.
In addition to the civil penalties authorized by this
Section, the State Board of Elections or any other political
committee may apply to the circuit court for a temporary
restraining order or a preliminary or permanent injunction
against the political committee to cease the expenditure of
funds and to cease operations until the statement of
organization is filed.
For the purpose of this Section, "statewide office" means

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the Governor, Lieutenant Governor, Secretary of State,
Attorney General, State Treasurer, and State Comptroller.
(b) The statement of organization shall include:
(1) the name and address of the political committee and
the designation required by Section 9-2;
(2) the scope, area of activity, party affiliation, and
purposes of the political committee;
(3) the name, address, and position of each custodian
of the committee's books and accounts;
(4) the name, address, and position of the committee's
principal officers, including the chairman, treasurer, and
officers and members of its finance committee, if any;
(5) the name and address of any sponsoring entity;
(6) a statement of what specific disposition of
residual fund will be made in the event of the dissolution
or termination of the committee;
(7) a listing of all banks or other financial
institutions, safety deposit boxes, and any other
repositories or custodians of funds used by the committee;
and
(8) the amount of funds available for campaign
expenditures as of the filing date of the committee's
statement of organization.
For purposes of this Section, a "sponsoring entity" is (i)
any person, organization, corporation, or association that
contributes at least 33% of the total funding of the political

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committee or (ii) any person or other entity that is registered
or is required to register under the Lobbyist Registration Act
and contributes at least 33% of the total funding of the
political committee.
(c) Each statement of organization required to be filed in
accordance with this Section shall be verified, dated, and
signed by either the treasurer of the political committee
making the statement or the candidate on whose behalf the
statement is made and shall contain substantially the following
verification:
"VERIFICATION:
I declare that this statement of organization (including
any accompanying schedules and statements) has been examined by
me and, to the best of my knowledge and belief, is a true,
correct, and complete statement of organization as required by
Article 9 of the Election Code. I understand that willfully
filing a false or incomplete statement is subject to a civil
penalty of at least $1,001 and up to $5,000.
................ ..........................................
(date of filing) (signature of person making the statement)".
(d) The statement of organization for a ballot initiative
committee also shall include a verification signed by the
chairperson of the committee that (i) the committee is formed
for the purpose of supporting or opposing a question of public
policy, (ii) all contributions and expenditures of the
committee will be used for the purpose described in the

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statement of organization, (iii) the committee may accept
unlimited contributions from any source, provided that the
ballot initiative committee does not make contributions or
expenditures in support of or opposition to a candidate or
candidates for nomination for election, election, or
retention, and (iv) failure to abide by these requirements
shall deem the committee in violation of this Article.
(d-5) The statement of organization for an independent
expenditure committee also shall include a verification signed
by the chairperson of the committee that (i) the committee is
formed for the exclusive purpose of making independent
expenditures, (ii) all contributions and expenditures of the
committee will be used for the purpose described in the
statement of organization, (iii) the committee may accept
unlimited contributions from any source, provided that the
independent expenditure committee does not make contributions
to any candidate political committee, political party
committee, or political action committee, and (iv) failure to
abide by these requirements shall deem the committee in
violation of this Article.
(e) For purposes of implementing the changes made by this
amendatory Act of the 96th General Assembly, every political
committee in existence on the effective date of this amendatory
Act of the 96th General Assembly shall file the statement
required by this Section with the Board by December 31, 2010.
(Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)

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(10 ILCS 5/9-15) (from Ch. 46, par. 9-15)
Sec. 9-15. It shall be the duty of the Board-
(1) to develop prescribed forms for filing statements
of organization and required reports;
(2) to prepare, publish, and furnish to the appropriate
persons a manual of instructions setting forth recommended
uniform methods of bookkeeping and reporting under this
Article;
(3) to prescribe suitable rules and regulations to
carry out the provisions of this Article. Such rules and
regulations shall be published and made available to the
public;
(4) to send by first class mail, after the general
primary election in even numbered years, to the chairman of
each regularly constituted State central committee, county
central committee and, in counties with a population of
more than 3,000,000, to the committeemen of each township
and ward organization of each political party notice of
their obligations under this Article, along with a form for
filing the statement of organization;
(5) to promptly make all reports and statements filed
under this Article available for public inspection and
copying no later than 2 business days after their receipt
and to permit copying of any such report or statement at
the expense of the person requesting the copy;

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(6) to develop a filing, coding, and cross-indexing
system consistent with the purposes of this Article;
(7) to compile and maintain a list of all statements or
parts of statements pertaining to each candidate;
(8) to prepare and publish such reports as the Board
may deem appropriate;
(9) to annually notify each political committee that
has filed a statement of organization with the Board of the
filing dates for each quarterly report, provided that such
notification shall be made by first-class mail unless the
political committee opts to receive notification
electronically via email; and
(10) to promptly send, by first class mail directed
only to the officers of a political committee, and by first
class certified mail to the address of the political
committee, written notice of any fine or penalty assessed
or imposed against the political committee under this
Article.
(Source: P.A. 96-1263, eff. 1-1-11; 97-766, eff. 7-6-12.)
(10 ILCS 5/10-6.1) (from Ch. 46, par. 10-6.1)
Sec. 10-6.1. The board or clerk with whom a certificate of
nomination or nomination papers are filed shall notify the
person for whom such papers are filed of the obligation to file
campaign disclosure documents statements of organization,
reports of campaign contributions, and annual reports of

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campaign contributions and expenditures under Article 9 of this
Act and the penalties for failure to file. Such notice shall be
given in the manner prescribed in by paragraph (7) of Section
9-16 of this Code.
(Source: P.A. 81-1189.)
(10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
Sec. 19-4. Mailing or delivery of ballots - Time.)
Immediately upon the receipt of such application either by
mail, not more than 40 days nor less than 5 days prior to such
election, or by personal delivery not more than 40 days nor
less than one day prior to such election, at the office of such
election authority, it shall be the duty of such election
authority to examine the records to ascertain whether or not
such applicant is lawfully entitled to vote as requested,
including a verification of the applicant's signature by
comparison with the signature on the official registration
record card, and if found so to be entitled to vote, to post
within one business day thereafter the name, street address,
ward and precinct number or township and district number, as
the case may be, of such applicant given on a list, the pages
of which are to be numbered consecutively to be kept by such
election authority for such purpose in a conspicuous, open and
public place accessible to the public at the entrance of the
office of such election authority, and in such a manner that
such list may be viewed without necessity of requesting

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permission therefor. Within one day after posting the name and
other information of an applicant for an absentee ballot, the
election authority shall transmit that name and other posted
information to the State Board of Elections, which shall
maintain those names and other information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. Within 2 business days
after posting a name and other information on the list within
its office, the election authority shall mail, postage prepaid,
or deliver in person in such office an official ballot or
ballots if more than one are to be voted at said election. Mail
delivery of Temporarily Absent Student ballot applications
pursuant to Section 19-12.3 shall be by nonforwardable mail.
However, for the consolidated election, absentee ballots for
certain precincts may be delivered to applicants not less than
25 days before the election if so much time is required to have
prepared and printed the ballots containing the names of
persons nominated for offices at the consolidated primary. The
election authority shall enclose with each absentee ballot or
application written instructions on how voting assistance
shall be provided pursuant to Section 17-14 and a document,
written and approved by the State Board of Elections,
enumerating the circumstances under which a person is
authorized to vote by absentee ballot pursuant to this Article;
such document shall also include a statement informing the
applicant that if he or she falsifies or is solicited by

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another to falsify his or her eligibility to cast an absentee
ballot, such applicant or other is subject to penalties
pursuant to Section 29-10 and Section 29-20 of the Election
Code. Each election authority shall maintain a list of the
name, street address, ward and precinct, or township and
district number, as the case may be, of all applicants who have
returned absentee ballots to such authority, and the name of
such absent voter shall be added to such list within one
business day from receipt of such ballot. If the absentee
ballot envelope indicates that the voter was assisted in
casting the ballot, the name of the person so assisting shall
be included on the list. The list, the pages of which are to be
numbered consecutively, shall be kept by each election
authority in a conspicuous, open, and public place accessible
to the public at the entrance of the office of the election
authority and in a manner that the list may be viewed without
necessity of requesting permission for viewing.
Each election authority shall maintain a list for each
election of the voters to whom it has issued absentee ballots.
The list shall be maintained for each precinct within the
jurisdiction of the election authority. Prior to the opening of
the polls on election day, the election authority shall deliver
to the judges of election in each precinct the list of
registered voters in that precinct to whom absentee ballots
have been issued by mail.
Each election authority shall maintain a list for each

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election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each election
jurisdiction within which such voters temporarily abide.
Immediately after the close of the period during which
application may be made by mail for absentee ballots, each
election authority shall mail to each other election authority
within the State a certified list of all such voters
temporarily abiding within the jurisdiction of the other
election authority.
In the event that the return address of an application for
ballot by a physically incapacitated elector is that of a
facility licensed or certified under the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act, within the jurisdiction of the election
authority, and the applicant is a registered voter in the
precinct in which such facility is located, the ballots shall
be prepared and transmitted to a responsible judge of election
no later than 9 a.m. on the Friday, Saturday, Sunday or Monday
immediately preceding the election as designated by the
election authority under Section 19-12.2. Such judge shall
deliver in person on the designated day the ballot to the
applicant on the premises of the facility from which
application was made. The election authority shall by mail
notify the applicant in such facility that the ballot will be
delivered by a judge of election on the designated day.
All applications for absentee ballots shall be available at

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the office of the election authority for public inspection upon
request from the time of receipt thereof by the election
authority until 30 days after the election, except during the
time such applications are kept in the office of the election
authority pursuant to Section 19-7, and except during the time
such applications are in the possession of the judges of
election.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
(10 ILCS 5/19-6) (from Ch. 46, par. 19-6)
Sec. 19-6. Such absent voter shall make and subscribe to
the certifications provided for in the application and on the
return envelope for the ballot, and such ballot or ballots
shall be folded by such voter in the manner required to be
folded before depositing the same in the ballot box, and be
deposited in such envelope and the envelope securely sealed.
Except as provided in Section 19-12.2, the The voter shall then
endorse his certificate upon the back of the envelope and the
envelope shall be mailed in person by such voter, postage
prepaid, to the election authority issuing the ballot or, if
more convenient, it may be delivered in person, by either the
voter or by a spouse, parent, child, brother or sister of the
voter, or by a company licensed as a motor carrier of property
by the Illinois Commerce Commission under the Illinois
Commercial Transportation Law, which is engaged in the business

HB2417 - 30 - LRB098 06146 HLH 36187 b
of making deliveries. It shall be unlawful for any person not
the voter, his or her spouse, parent, child, brother, or
sister, or a representative of a company engaged in the
business of making deliveries to the election authority to take
the ballot and ballot envelope of a voter for deposit into the
mail unless the ballot has been issued pursuant to application
by a physically incapacitated elector under Section 3-3 or a
hospitalized voter under Section 19-13, in which case any
employee or person under the direction of the facility in which
the elector or voter is located may deposit the ballot and
ballot envelope into the mail. If an absentee voter gives his
ballot and ballot envelope to a spouse, parent, child, brother
or sister of the voter or to a company which is engaged in the
business of making deliveries for delivery to the election
authority, the voter shall give an authorization form to the
person making the delivery. The person making the delivery
shall present the authorization to the election authority. The
authorization shall be in substantially the following form:
I ............ (absentee voter) authorize ...............
to take my ballot to the office of the election authority.
....................... ........................
Date Signature of voter
....................... ........................
Hour Address

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....................... ........................
Date Signature of Authorized
Individual
....................... ........................
Hour Relationship (if any)
(Source: P.A. 89-653, eff. 8-14-96.)
(10 ILCS 5/19A-70)
Sec. 19A-70. Advertising or campaigning in proximity of
polling place; penalty. During the period prescribed in Section
19A-15 for early voting by personal appearance, no advertising
pertaining to any candidate or proposition to be voted on may
be displayed in or within 100 feet of any polling place used by
voters under this Article. No person may engage in
electioneering in or within 100 feet of any polling place used
by voters under this Article. The provisions of Section 17-29
with respect to establishment of a campaign free zone,
including, but not limited to, the provisions for placement of
signage on public property beyond the campaign free zone, apply
to polling places under this Article.
Any person who violates this Section may be punished for
contempt of court.
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/28-12) (from Ch. 46, par. 28-12)

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Sec. 28-12. Upon receipt of the certificates of the
election authorities showing the results of the sample
signature verification, the Board shall:
1. Based on the sample, calculate the ratio of invalid
or valid signatures in each election jurisdiction.
2. Apply the ratio of invalid to valid signatures in an
election jurisdiction sample to the total number of
petition signatures submitted from that election
jurisdiction.
3. Compute the degree of multiple signature
contamination in each election jurisdiction sample.
4. Adjust for multiple signature contamination and the
invalid signatures, project the total number of valid
petition signatures submitted from each election
jurisdiction.
5. Aggregate the total number of projected valid
signatures from each election jurisdiction and project the
total number of valid signatures on the petition statewide.
If such statewide projection establishes a total number of
valid petition signatures not greater than 95.0% of the minimum
number of signatures required to qualify the proposed statewide
advisory public question for the ballot, the petition shall be
presumed invalid; provided that, prior to the last day for
ballot certification for the general election, the Board shall
conduct a hearing for the purpose of allowing the proponents to
present competent evidence or an additional sample to rebut the

HB2417 - 33 - LRB098 06146 HLH 36187 b
presumption of invalidity. At the conclusion of such hearing,
and after the resolution of any specific objection filed
pursuant to Section 10-8 of this Code, the Board shall issue a
final order declaring the petition to be valid or invalid and
shall, in accordance with its order, certify or not certify the
proposition for the ballot.
If such statewide projection establishes a total number of
valid petition signatures greater than 95.0% of the minimum
number of signatures required to qualify the proposed
Constitutional amendment or statewide advisory public question
for the ballot, the results of the sample shall be considered
inconclusive and, if no specific objections to the petition are
filed pursuant to Section 10-8 of this Code, the Board shall
issue a final order declaring the petition to be valid and
shall certify the proposition for the ballot.
In either event, the Board shall append to its final order
the detailed results of the sample from each election
jurisdiction which shall include: (a) specific page and line
numbers of signatures actually verified or determined to be
invalid by the respective election authorities, and (b) the
calculations and projections performed by the Board for each
election jurisdiction.
(Source: P.A. 97-81, eff. 7-5-11.)
(10 ILCS 5/29B-10) (from Ch. 46, par. 29B-10; formerly Ch.
46, par. 1103)

HB2417 - 34 - LRB098 06146 HLH 36187 b
Sec. 29B-10. Code of Fair Campaign Practices. At the time a
political committee, as defined in Article 9, files its
statements of organization, the State Board of Elections, in
the case of a state political committee or a political
committee acting as both a state political committee and a
local political committee, or the county clerk, in the case of
a local political committee, shall give the political committee
a blank form of the Code of Fair Campaign Practices and a copy
of the provisions of this Article. The State Board of Elections
or county clerk shall inform each political committee that
subscription to the Code is voluntary. The text of the Code
shall read as follows:
CODE OF FAIR CAMPAIGN PRACTICES
There are basic principles of decency, honesty, and fair
play that every candidate for public office in the State of
Illinois has a moral obligation to observe and uphold, in order
that, after vigorously contested but fairly conducted
campaigns, our citizens may exercise their constitutional
right to a free and untrammeled choice and the will of the
people may be fully and clearly expressed on the issues.
THEREFORE:
(1) I will conduct my campaign openly and publicly, and
limit attacks on my opponent to legitimate challenges to his
record.
(2) I will not use or permit the use of character
defamation, whispering campaigns, libel, slander, or

HB2417 - 35 - LRB098 06146 HLH 36187 b
scurrilous attacks on any candidate or his personal or family
life.
(3) I will not use or permit any appeal to negative
prejudice based on race, sex, sexual orientation, religion or
national origin.
(4) I will not use campaign material of any sort that
misrepresents, distorts, or otherwise falsifies the facts, nor
will I use malicious or unfounded accusations that aim at
creating or exploiting doubts, without justification, as to the
personal integrity or patriotism of my opposition.
(5) I will not undertake or condone any dishonest or
unethical practice that tends to corrupt or undermine our
American system of free elections or that hampers or prevents
the full and free expression of the will of the voters.
(6) I will defend and uphold the right of every qualified
American voter to full and equal participation in the electoral
process.
(7) I will immediately and publicly repudiate methods and
tactics that may come from others that I have pledged not to
use or condone. I shall take firm action against any
subordinate who violates any provision of this Code or the laws
governing elections.
I, the undersigned, candidate for election to public office
in the State of Illinois or chairman of a political committee
in support of or opposition to a question of public policy,
hereby voluntarily endorse, subscribe to, and solemnly pledge

HB2417 - 36 - LRB098 06146 HLH 36187 b
myself to conduct my campaign in accordance with the above
principles and practices.
______________ _______________________________
Date Signature
(Source: P.A. 86-873; 87-1052.)
Section 10. The Township Code is amended by changing
Sections 45-20 and 45-35 as follows:
(60 ILCS 1/45-20)
Sec. 45-20. Caucus result; filing nomination papers;
certifying candidates.
(a) The township central committee shall canvass and
declare the result of the caucus.
(b) The chairman of the township central committee shall,
not more than 113 nor less than 106 days before the township
election, file nomination papers as provided in this Section.
The nomination papers shall consist of (i) a certification by
the chairman of the names of all candidates for office in the
township nominated at the caucus and (ii) a statement of
candidacy by each candidate in the form prescribed in the
general election law. The nomination papers shall be filed in
the office of the township clerk, except that if the township
is entirely within the corporate limits of a city, village, or
incorporated town under the jurisdiction of a board of election
commissioners, the nomination papers shall be filed in the

HB2417 - 37 - LRB098 06146 HLH 36187 b
office of the board of election commissioners instead of the
township clerk.
(c) The township clerk shall certify the candidates so
nominated to the proper election authorities not less than 68
61 days before the township election. The election shall be
conducted in accordance with the general election law.
(Source: P.A. 97-81, eff. 7-5-11.)
(60 ILCS 1/45-35)
Sec. 45-35. Notice to candidates to file reports. The
township clerk or board of election commissioners, as the case
may be, shall notify the person for whom such nomination papers
are filed of the obligation to file campaign disclosure
documents statements of organization, reports of campaign
contributions, and annual reports of campaign contributions
and expenditures in the manner prescribed by the general
election law.
(Source: P.A. 85-694; 88-62.)
Section 15. The Fox Waterway Agency Act is amended by
changing Section 5 as follows:
(615 ILCS 90/5) (from Ch. 19, par. 1205)
Sec. 5. The Agency shall be governed by a Board of
Directors, which shall consist of 6 directors and one chairman
elected pursuant to this Section.

HB2417 - 38 - LRB098 06146 HLH 36187 b
Three directors shall be elected from within the territory
of each member county. Any resident of a member county and the
territory of the Agency, at least 18 years of age, may become a
candidate for election as a director by filing a nominating
petition with the State Board of Elections containing the
verified signatures of at least 200 of the registered voters of
such county who reside within the territory of the Agency. Such
petition shall be filed not more than 113 78 nor less than 106
71 days prior to the date of election.
The chairman shall be elected at large from the territory
of the Agency. Any person eligible to become a candidate for
election as director may become a candidate for election as
chairman by filing a nominating petition with the State Board
of Elections containing the verified signatures of at least 200
of the registered voters of each member county who reside
within the territory of the Agency. Such petition shall be
filed not more than 113 78 nor less than 106 71 days prior to
the date of the election.
Within 7 days after each consolidated election at which the
chairman is elected, the county clerk of each member county
shall transmit the returns for the election to the office of
chairman to the State Board of Elections. The State Board of
Elections shall immediately canvass the returns and proclaim
the results thereof and shall issue a certificate of election
to the person so elected.
Beginning in 1985, the directors and chairman shall be

HB2417 - 39 - LRB098 06146 HLH 36187 b
elected at the consolidated election and shall serve from the
third Monday in May following their respective elections until
their respective successors are elected and qualified. The term
of office of a director shall be for 4 years, except that of
the directors elected at the consolidated election of 1985, 3
shall serve until the first Monday in May 1987 and 3 shall
serve until the first Monday in May 1989. The term of office of
a chairman shall be 4 years.
At least 90 days before the consolidated election of 1985
the State Board of Elections shall meet to determine by lot
which 3 director positions shall be elected for terms to expire
on the first Monday in May 1987 and which 3 director positions
shall be elected for terms to expire on the first Monday in May
1989. At least one director position from each member county
shall be elected for a term to expire on the first Monday in
May 1987.
The county clerks of the member counties shall provide
notice of each election for chairman and director in the manner
prescribed in Article 12 of The Election Code, with the notice
of the elections to be held at the consolidated election of
1985 to include a statement as to whether the director is to be
elected for a term of 2 years or for a term of 4 years.
A chairman shall be elected at the consolidated election of
1985 and at each consolidated election every 4 years
thereafter. Six directors shall be elected at the consolidated
election of 1985. At the consolidated election of 1987, and at

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each consolidated election every 4 years thereafter, directors
shall be elected from the constituencies of the directors who
were elected at the consolidated election of 1985 and whose
terms expired on the first Monday in May 1987. At the
consolidated election of 1989, and at each consolidated
election every 4 years thereafter, directors shall be elected
from the constituencies of the directors who were elected at
the consolidated election of 1985 and whose terms expired on
the first Monday in May 1989.
Vacancies in the office of director or chairman shall be
filled by the remaining members of the Board, who shall appoint
to fill the vacated office for the remainder of the term of
such office an individual who would be eligible for election to
such office. If, however, a vacancy occurs in the office of
chairman or director with at least 28 months remaining in the
term of such office, the office shall be filled for the
remainder of the term at the next consolidated election. Until
the office is filled by election, the remaining members of the
Board shall appoint a qualified person to the office in the
manner provided in this Section.
(Source: P.A. 93-847, eff. 7-30-04.)
Section 99. Effective date. This Act takes effect upon
becoming law.