|
|
||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| 1 | AN ACT concerning elections.
| |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
| 3 | represented in the General Assembly:
| |||||||||||||||||||
| 4 | Section 5. The Election Code is amended by changing Section | |||||||||||||||||||
| 5 | 10-2 as follows:
| |||||||||||||||||||
| 6 | (10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
| |||||||||||||||||||
| 7 | Sec. 10-2. The term "political party", as hereinafter used | |||||||||||||||||||
| 8 | in this
Article 10, shall mean any "established political | |||||||||||||||||||
| 9 | party", as hereinafter
defined and shall also mean any | |||||||||||||||||||
| 10 | political group which shall hereafter
undertake to form an | |||||||||||||||||||
| 11 | established political party in the manner provided
for in this | |||||||||||||||||||
| 12 | Article 10: Provided, that no political organization or
group | |||||||||||||||||||
| 13 | shall be qualified as a political party hereunder, or given a
| |||||||||||||||||||
| 14 | place on a ballot, which organization or group is associated, | |||||||||||||||||||
| 15 | directly
or indirectly, with Communist, Fascist, Nazi or other | |||||||||||||||||||
| 16 | un-American
principles and engages in activities or propaganda | |||||||||||||||||||
| 17 | designed to teach
subservience to the political principles and | |||||||||||||||||||
| 18 | ideals of foreign nations
or the overthrow by violence of the | |||||||||||||||||||
| 19 | established constitutional form of
government of the United | |||||||||||||||||||
| 20 | States and the State of Illinois.
| |||||||||||||||||||
| 21 | A political party which, at the last general election for | |||||||||||||||||||
| 22 | State and
county officers, polled for its candidate for | |||||||||||||||||||
| 23 | Governor more than 5% of
the entire vote cast for Governor, is | |||||||||||||||||||
| |||||||
| |||||||
| 1 | hereby declared to be an
"established political party" as to | ||||||
| 2 | the State and as to any district or
political subdivision | ||||||
| 3 | thereof.
| ||||||
| 4 | A political party which, at the last election in any | ||||||
| 5 | congressional
district, legislative district, county, | ||||||
| 6 | township, municipality or other
political subdivision or | ||||||
| 7 | district in the State, polled more than 5% of
the entire vote | ||||||
| 8 | cast within such territorial area or political
subdivision, as | ||||||
| 9 | the case may be, has voted as a unit for the election of
| ||||||
| 10 | officers to serve the respective territorial area of such | ||||||
| 11 | district or
political subdivision, is hereby declared to be an | ||||||
| 12 | "established
political party" within the meaning of this | ||||||
| 13 | Article as to such district
or political subdivision.
| ||||||
| 14 | Any group of persons hereafter desiring to form a new | ||||||
| 15 | political party
throughout the State, or in any congressional, | ||||||
| 16 | legislative or judicial
district, or in any other district or | ||||||
| 17 | in any political subdivision
(other than a municipality) not | ||||||
| 18 | entirely within a single county, shall
file with the State | ||||||
| 19 | Board of Elections a petition, as hereinafter
provided; and any | ||||||
| 20 | such group of persons hereafter desiring to form a new
| ||||||
| 21 | political party within any county shall file such petition with | ||||||
| 22 | the
county clerk; and any such group of persons hereafter | ||||||
| 23 | desiring to form a
new political party within any municipality | ||||||
| 24 | or township or within any
district of a unit of local | ||||||
| 25 | government other than a county shall file
such petition with | ||||||
| 26 | the local election official or Board of Election
Commissioners | ||||||
| |||||||
| |||||||
| 1 | of such municipality, township or other unit of local
| ||||||
| 2 | government, as the case may be. Any such petition for the | ||||||
| 3 | formation of a
new political party throughout the State, or in | ||||||
| 4 | any such district or
political subdivision, as the case may be, | ||||||
| 5 | shall declare as concisely as
may be the intention of the | ||||||
| 6 | signers thereof to form such new political
party in the State, | ||||||
| 7 | or in such district or political subdivision; shall
state in | ||||||
| 8 | not more than 5 words the name of such new political party;
| ||||||
| 9 | shall at the time of filing contain a complete list of | ||||||
| 10 | candidates of
such party for all offices to be filled in the | ||||||
| 11 | State, or such district
or political subdivision as the case | ||||||
| 12 | may be, at the next ensuing
election then to be held; and, if | ||||||
| 13 | such new political party shall be
formed for the entire State, | ||||||
| 14 | shall be signed by qualified voters at least equal in number to | ||||||
| 15 | the minimum petition signature requirement of Section 7-10 for | ||||||
| 16 | a State office candidate of an established political party
1% | ||||||
| 17 | of the number of voters
who voted at the next preceding | ||||||
| 18 | Statewide general election or 25,000
qualified voters, | ||||||
| 19 | whichever is less. If such new political party shall be
formed | ||||||
| 20 | for any district
or political subdivision less than the entire | ||||||
| 21 | State, such petition shall
be signed by qualified voters of the | ||||||
| 22 | district or political subdivision equaling in number not less | ||||||
| 23 | than the minimum petition signature requirement for an | ||||||
| 24 | established party candidate for the office on the slate with | ||||||
| 25 | the highest minimum petition signature requirement.
5% of the
| ||||||
| 26 | number of voters who voted at the next preceding regular | ||||||
| |||||||
| |||||||
| 1 | election in
such district or political subdivision in which | ||||||
| 2 | such district or
political subdivision voted as a unit for the | ||||||
| 3 | election of officers to
serve its respective territorial area. | ||||||
| 4 | However, whenever the minimum signature
requirement for a | ||||||
| 5 | district or political subdivision new political
party petition | ||||||
| 6 | shall exceed the minimum number of signatures for State-wide
| ||||||
| 7 | new political party petitions at the next preceding State-wide | ||||||
| 8 | general
election, such State-wide petition signature | ||||||
| 9 | requirement shall be the
minimum for such district or political | ||||||
| 10 | subdivision new political party petition.
| ||||||
| 11 | For the first election following a redistricting of | ||||||
| 12 | congressional districts,
a petition to form a new political | ||||||
| 13 | party in a congressional district shall
be signed by at least | ||||||
| 14 | 5,000 qualified voters of the congressional district.
For the | ||||||
| 15 | first election following a redistricting of legislative | ||||||
| 16 | districts,
a petition to form a new political party in a | ||||||
| 17 | legislative district shall
be signed by at least 3,000 | ||||||
| 18 | qualified voters of the legislative district.
For the first | ||||||
| 19 | election following a redistricting of representative
| ||||||
| 20 | districts, a petition to form a new political party in a | ||||||
| 21 | representative
district shall be signed by at least 1,500 | ||||||
| 22 | qualified voters of the
representative district.
| ||||||
| 23 | For the first election following redistricting of county | ||||||
| 24 | board districts,
or of municipal wards or districts, or for the | ||||||
| 25 | first election following
the initial establishment of such | ||||||
| 26 | districts or wards in a county or
municipality, a petition to | ||||||
| |||||||
| |||||||
| 1 | form a new political party in a county board
district or in a | ||||||
| 2 | municipal ward or district shall be signed by qualified
voters | ||||||
| 3 | of the district or ward equal to not less than 5% of the total
| ||||||
| 4 | number of votes cast at the preceding general or municipal | ||||||
| 5 | election, as the
case may be, for the county or municipal | ||||||
| 6 | office voted on throughout the
county or municipality for which | ||||||
| 7 | the greatest total number of votes were
cast for all | ||||||
| 8 | candidates, divided by the number of districts or wards, but
in | ||||||
| 9 | any event not less than 25 qualified voters of the district or | ||||||
| 10 | ward.
| ||||||
| 11 | In the case of a petition to form a new political party | ||||||
| 12 | within a political
subdivision in which officers are to be | ||||||
| 13 | elected from
districts and at-large, such petition shall | ||||||
| 14 | consist
of separate components for each district from which an | ||||||
| 15 | officer
is to be elected. Each component shall be circulated | ||||||
| 16 | only within a
district of the political subdivision and signed | ||||||
| 17 | only by qualified electors
who are residents of such district. | ||||||
| 18 | Each sheet of such petition must
contain a complete list of the | ||||||
| 19 | names of the candidates of the party for all
offices to be | ||||||
| 20 | filled in the political subdivision at large, but the sheets
| ||||||
| 21 | comprising each component shall also contain the names of those | ||||||
| 22 | candidates
to be elected from the particular district. Each | ||||||
| 23 | component of the petition
for each district from which an | ||||||
| 24 | officer is to be elected must be signed by
qualified voters of | ||||||
| 25 | the district equalling in number not less than the minimum | ||||||
| 26 | petition signature requirement for an established party | ||||||
| |||||||
| |||||||
| 1 | candidate for that office.
5% of
the number of voters who voted | ||||||
| 2 | at the next preceding regular election in
such district at | ||||||
| 3 | which an officer was elected to serve the district. The
entire | ||||||
| 4 | petition, including all components, must be signed by a total | ||||||
| 5 | of
qualified voters of the entire political subdivision | ||||||
| 6 | equalling in number
not less than the minimum petition | ||||||
| 7 | signature requirement for an established party candidate for | ||||||
| 8 | the office on the slate with the highest minimum petition | ||||||
| 9 | signature requirement.
5% of the number of voters who voted at | ||||||
| 10 | the next preceding
regular election in such political | ||||||
| 11 | subdivision at which an officer was
elected to serve the | ||||||
| 12 | political subdivision at large.
| ||||||
| 13 | The filing of such petition shall constitute the political | ||||||
| 14 | group a
new political party, for the purpose only of placing | ||||||
| 15 | upon the ballot at
such next ensuing election such list or an | ||||||
| 16 | adjusted list in accordance
with Section 10-11, of party | ||||||
| 17 | candidates for offices to be voted for
throughout the State, or | ||||||
| 18 | for offices to be voted for in such district or
political | ||||||
| 19 | subdivision less than the State, as the case may be, under the
| ||||||
| 20 | name of and as the candidates of such new political party.
| ||||||
| 21 | If, at such ensuing election, the new political party's | ||||||
| 22 | candidate for
Governor shall receive more than 5% of the entire | ||||||
| 23 | votes cast for
Governor, then such new political party shall | ||||||
| 24 | become an "established
political party" as to the State and as | ||||||
| 25 | to every district or political
subdivision thereof. If, at such | ||||||
| 26 | ensuing election, the other candidates
of the new political | ||||||
| |||||||
| |||||||
| 1 | party, or any other candidate or candidates of the
new | ||||||
| 2 | political party shall receive more than 5% of all the votes | ||||||
| 3 | cast for
the office or offices for which they were candidates | ||||||
| 4 | at such election,
in the State, or in any district or political | ||||||
| 5 | subdivision, as the case
may be, then and in that event, such | ||||||
| 6 | new political party shall become an
"established political | ||||||
| 7 | party" within the State or within such district
or political | ||||||
| 8 | subdivision less than the State, as the case may be, in
which | ||||||
| 9 | such candidate or candidates received more than 5% of the votes
| ||||||
| 10 | cast for the office or offices for which they were candidates. | ||||||
| 11 | It shall
thereafter nominate its candidates for public offices | ||||||
| 12 | to be filled in
the State, or such district or political | ||||||
| 13 | subdivision, as the case may
be, under the provisions of the | ||||||
| 14 | laws regulating the nomination of
candidates of established | ||||||
| 15 | political parties at primary elections and
political party | ||||||
| 16 | conventions, as now or hereafter in force.
| ||||||
| 17 | A political party which continues to receive for its | ||||||
| 18 | candidate for
Governor more than 5% of the entire vote cast for | ||||||
| 19 | Governor, shall remain
an "established political party" as to | ||||||
| 20 | the State and as to every
district or political subdivision | ||||||
| 21 | thereof. But if the political party's
candidate for Governor | ||||||
| 22 | fails to receive more than 5% of the entire vote
cast for | ||||||
| 23 | Governor, or if the political party does not nominate a
| ||||||
| 24 | candidate for Governor, the political party shall remain an | ||||||
| 25 | "established
political party" within the State or within such | ||||||
| 26 | district or political
subdivision less than the State, as the | ||||||
| |||||||
| |||||||
| 1 | case may be, only so long as,
and only in those districts or | ||||||
| 2 | political subdivisions in which, the
candidates of that | ||||||
| 3 | political party, or any candidate or candidates of
that | ||||||
| 4 | political party, continue to receive more than 5% of all the | ||||||
| 5 | votes
cast for the office or offices for which they were | ||||||
| 6 | candidates at
succeeding general or consolidated elections | ||||||
| 7 | within the State or within
any district or political | ||||||
| 8 | subdivision, as the case may be.
| ||||||
| 9 | Any such petition shall be filed at the same time and shall | ||||||
| 10 | be
subject to the same requirements and to the same provisions | ||||||
| 11 | in respect
to objections thereto and to any hearing or hearings | ||||||
| 12 | upon such
objections that are hereinafter in this Article 10 | ||||||
| 13 | contained in regard
to the nomination of any other candidate or | ||||||
| 14 | candidates by petition. If
any such new political party shall | ||||||
| 15 | become an "established political
party" in the manner herein | ||||||
| 16 | provided, the candidate or candidates of
such new political | ||||||
| 17 | party nominated by the petition hereinabove referred
to for | ||||||
| 18 | such initial election, shall have power to select any such | ||||||
| 19 | party
committeeman or committeemen as shall be necessary for | ||||||
| 20 | the creation of a
provisional party organization and | ||||||
| 21 | provisional managing committee or
committees for such party | ||||||
| 22 | within the State, or in any district or
political subdivision | ||||||
| 23 | in which the new political party has become
established; and | ||||||
| 24 | the party committeeman or committeemen so selected
shall | ||||||
| 25 | constitute a provisional party organization for the new | ||||||
| 26 | political
party and shall have and exercise the powers | ||||||
| |||||||
| |||||||
| 1 | conferred by law upon any
party committeeman or committeemen to | ||||||
| 2 | manage and control the affairs of
such new political party | ||||||
| 3 | until the next ensuing primary election at
which the new | ||||||
| 4 | political party shall be entitled to nominate and elect
any | ||||||
| 5 | party committeeman or committeemen in the State, or in such | ||||||
| 6 | district
or political subdivision under any parts of this Act | ||||||
| 7 | relating to the
organization of political parties.
| ||||||
| 8 | A candidate for whom a nomination paper has been filed as a | ||||||
| 9 | partisan
candidate at a primary election, and who is defeated | ||||||
| 10 | for his or her
nomination at the primary election, is | ||||||
| 11 | ineligible for nomination as a
candidate of a new political | ||||||
| 12 | party for election in that general election.
| ||||||
| 13 | (Source: P.A. 86-875.)
| ||||||