|
the position, or an unaffiliated presidential candidate, shall |
submit to the Secretary of State the names of 2 qualified |
individuals in accordance with Article 21 of the Election |
Code. One of the individuals must be designated "elector |
nominee" and the other "alternate elector nominee". Except as |
otherwise provided in Sections 5-20 through 5-35, this State's |
electors are the winning elector nominees under the laws of |
this State.
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Section 5-15. Pledge. Each elector nominee and alternate |
elector nominee of a political party shall execute the |
following pledge: "If selected for the position of elector, I |
agree to serve and to mark my ballots for President and Vice |
President for the nominees for those offices of the party that |
nominated me.". Each elector nominee and alternate elector |
nominee of an unaffiliated presidential candidate shall |
execute the following pledge: "If selected for the position of |
elector as a nominee of an unaffiliated presidential |
candidate, I agree to serve and to mark my ballots for that |
candidate and for that candidate's vice-presidential running |
mate.". The executed pledges must accompany the submission of |
the corresponding names to the Secretary of State.
|
Section 5-20. Certification of electors. In submitting |
this State's certificate of ascertainment as required by 3 |
U.S.C. 6, the Governor shall certify this State's electors and |
|
state in the certificate that: |
(1) the electors will serve as electors unless a |
vacancy occurs in the office of elector before the end of |
the meeting at which elector votes are cast, in which case |
an alternate elector will fill the vacancy; and |
(2) if an alternate elector is appointed to fill a |
vacancy, the Governor will submit an amended certificate |
of ascertainment stating the names on the final list of |
this State's electors.
|
Section 5-25. Presiding officer; elector vacancy. |
(a) The Secretary of State shall preside at the meeting of |
electors described in Section 5-30. |
(b) The position of an elector not present to vote is |
vacant. The Secretary of State shall appoint an individual as |
an alternate elector to fill a vacancy as follows: |
(1) if the alternate elector is present to vote, by |
appointing the alternate elector for the vacant position; |
(2) if the alternate elector for the vacant position |
is not present to vote, by appointing an elector chosen by |
lot from among the alternate electors present to vote who |
were nominated by the same political party or unaffiliated |
presidential candidate; |
(3) if the number of alternate electors present to |
vote is insufficient to fill any vacant position pursuant |
to paragraphs (1) and (2), by appointing any immediately |
|
available individual who is qualified to serve as an |
elector and chosen through nomination by and plurality |
vote of the remaining electors, including nomination and |
vote by a single elector if only one remains; |
(4) if there is a tie between at least 2 nominees for |
alternate elector in a vote conducted under paragraph (3), |
by appointing an elector chosen by lot from among those |
nominees; or |
(5) if all elector positions are vacant and cannot be |
filled pursuant to paragraphs (1) through (4), by |
appointing a single presidential elector, with remaining |
vacant positions to be filled under paragraph (3) and, if |
necessary, paragraph (4). |
(c) To qualify as an alternate elector under subsection |
(b) of this Section, an individual who has not executed the |
pledge required under Section 5-15 shall execute the following |
pledge: "I agree to serve and to mark my ballots for President |
and Vice President consistent with the pledge of the |
individual to whose elector position I have succeeded.".
|
Section 5-30. Elector voting. |
(a) At the time designated for elector voting and after |
all vacant positions have been filled under Section 5-25, the |
Secretary of State shall provide each elector with a |
presidential and a vice-presidential ballot. The elector shall |
mark the elector's presidential and vice-presidential ballots |
|
with the elector's votes for the offices of President and Vice |
President, respectively, along with the elector's signature |
and the elector's legibly printed name. |
(b) Except as otherwise provided by law of this State |
other than this Act, each elector shall present both completed |
ballots to the Secretary of State, who shall examine the |
ballots and accept as cast all ballots of electors whose votes |
are consistent with their pledges executed under Section 5-15 |
or subsection (c) of Section 5-25. Except as otherwise |
provided by law of this State other than this Act, the |
Secretary of State may not accept and may not count either an |
elector's presidential or vice-presidential ballot if the |
elector has not marked both ballots or has marked a ballot in |
violation of the elector's pledge. |
(c) An elector who refuses to present a ballot, presents |
an unmarked ballot, or presents a ballot marked in violation |
of the elector's pledge executed under Section 5-15 or |
subsection (c) of Section 5-25 vacates the office of elector, |
creating a vacant position to be filled under Section 5-25. |
(d) The Secretary of State shall distribute ballots to and |
collect ballots from an alternate elector and repeat the |
process under this Section of examining ballots, declaring and |
filling vacant positions as required, and recording |
appropriately completed ballots from the alternate electors, |
until all of this State's electoral votes have been cast and |
recorded.
|
|
Section 5-35. Elector replacement; associated |
certificates. |
(a) After the vote of this State's electors is completed, |
if the final list of electors differs from any list that the |
Governor previously included on a certificate of ascertainment |
prepared and transmitted under 3 U.S.C. 6, the Secretary of |
State immediately shall prepare an amended certificate of |
ascertainment and transmit it to the Governor for the |
Governor's signature. |
(b) The Governor immediately shall deliver the signed |
amended certificate of ascertainment to the Secretary of State |
and a signed duplicate original of the amended certificate of |
ascertainment to all individuals entitled to receive this |
State's certificate of ascertainment, indicating that the |
amended certificate of ascertainment is to be substituted for |
the certificate of ascertainment previously submitted. |
(c) The Secretary of State shall prepare a certificate of |
vote. The electors on the final list shall sign the |
certificate of vote. The Secretary of State shall process and |
transmit the signed certificate of vote with the amended |
certificate of ascertainment under 3 U.S.C. Sections 9, 10, |
and 11.
|
Section 5-40. Uniformity of application and construction. |
In applying and construing this uniform Act, consideration |
|
must be given to the need to promote uniformity of the law with |
respect to its subject matter among states that enact it.
|
Section 5-90. The Election Code is amended by changing |
Sections 21-1, 21-2, 21-3, and 21-4 as follows:
|
(10 ILCS 5/21-1) (from Ch. 46, par. 21-1) |
Sec. 21-1. Choosing and election of electors of President |
and Vice-President of the United States shall be in the |
following manner: |
(a) In each year in which a President and Vice-President |
of the United States are chosen, each political party or group |
in this State shall choose by its State Convention or State |
central committee electors and alternate electors of President |
and Vice-President of the United States and such State |
Convention or State central committee of such party or group |
shall also choose electors at large and alternate electors at |
large, if any are to be appointed for this State and such State |
Convention or State central committee of such party or group |
shall by its chair and secretary certify the total list of such |
electors and alternate electors together with electors at |
large and alternate electors at large so chosen to the State |
Board of Elections. |
The filing of such certificate with the Board, of such |
choosing of electors and alternate electors shall be deemed |
and taken to be the choosing and selection of the electors and |
|
alternate electors of this State, if such party or group is |
successful at the polls as herein provided in choosing their |
candidates for President and Vice-President of the United |
States. |
(b) The names of the candidates of the several political |
parties or groups for electors and alternate electors of |
President and Vice-President shall not be printed on the |
official ballot to be voted in the election to be held on the |
day in this Act above named. In lieu of the names of the |
candidates for such electors and alternate electors of |
President and Vice-President, immediately under the |
appellation of party name of a party or group in the column of |
its candidates on the official ballot, to be voted at said |
election first above named in subsection (1) of Section 2A-1.2 |
and Section 2A-2, there shall be printed within a bracket the |
name of the candidate for President and the name of the |
candidate for Vice-President of such party or group with a |
square to the left of such bracket. Each voter in this State |
from the several lists or sets of electors and alternate |
electors so chosen and selected by the said respective |
political parties or groups, may choose and elect one of such |
lists or sets of electors and alternate electors by placing a |
cross in the square to the left of the bracket aforesaid of one |
of such parties or groups. Placing a cross within the square |
before the bracket enclosing the names of President and |
Vice-President shall not be deemed and taken as a direct vote |
|
for such candidates for President and Vice-President, or |
either of them, but shall only be deemed and taken to be a vote |
for the entire list or set of electors and alternate electors |
chosen by that political party or group so certified to the |
State Board of Elections as herein provided. Voting by means |
of placing a cross in the appropriate place preceding the |
appellation or title of the particular political party or |
group, shall not be deemed or taken as a direct vote for the |
candidates for President and Vice-President, or either of |
them, but instead to the Presidential vote, as a vote for the |
entire list or set of electors and alternate electors chosen |
by that political party or group so certified to the State |
Board of Elections as herein provided. |
(c) Such certification by the respective political parties |
or groups in this State of electors and alternate electors of |
President and Vice-President shall be made to the State Board |
of Elections within 2 days after such State convention or |
meeting of the State central committee in which the electors |
and alternate electors were chosen. |
(d) Should more than one certificate of choice and |
selection of electors and alternate electors of the same |
political party or group be filed by contesting conventions or |
contesting groups, it shall be the duty of the State Board of |
Elections within 10 days after the adjournment of the last of |
such conventions to meet and determine which set of nominees |
for electors and alternate electors of such party or group was |
|
chosen and selected by the authorized convention of such party |
or group. The Board, after notice to the chair and secretaries |
or managers of the conventions or groups and after a hearing |
shall determine which set of electors and alternate electors |
was so chosen by the authorized convention and shall so |
announce and publish the fact, and such decision shall be |
final and the set of electors and alternate electors so |
determined upon by the electoral board to be so chosen shall be |
the list or set of electors and alternate electors to be deemed |
elected if that party shall be successful at the polls, as |
herein provided. |
(e) Should a vacancy occur in the choice of an elector in a |
congressional district, such vacancy may be filled by the |
executive committee of the party or group for such |
congressional district, to be certified by such committee to |
the State Board of Elections. Should a vacancy occur in the |
office of elector at large, such vacancy shall be filled in |
accordance with Section 25 of the Uniform Faithful |
Presidential Electors Act. by the State committee of such |
political party or group, and certified by it to the State |
Board of Elections. |
(Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19.)
|
(10 ILCS 5/21-2) (from Ch. 46, par. 21-2) |
Sec. 21-2. The county clerks of the several counties |
shall, within 21 days next after holding the election named in |
|
subsection (1) of Section 2A-1.2 and Section 2A-2, make 2 |
copies of the abstract of the votes cast for electors and |
alternate electors by each political party or group, as |
indicated by the voter, as aforesaid, by a cross in the square |
to the left of the bracket aforesaid, or as indicated by a |
cross in the appropriate place preceding the appellation or |
title of the particular political party or group, and transmit |
by mail one of the copies to the office of the State Board of |
Elections and retain the other in his office, to be sent for by |
the electoral board in case the other should be mislaid. |
Within 31 days after the holding of such election, and sooner |
if all the returns are received by the State Board of |
Elections, the State Board of Elections shall proceed to open |
and canvass said election returns and to declare which set of |
candidates for President and Vice-President received, as |
aforesaid, the highest number of votes cast at such election |
as aforesaid; and the electors and alternate electors of that |
party whose candidates for President and Vice-President |
received the highest number of votes so cast shall be taken and |
deemed to be elected as electors and alternate electors of |
President and Vice-President, but should 2 or more sets of |
candidates for President and Vice-President be returned with |
an equal and the highest vote, the State Board of Elections |
shall cause a notice of the same to be published, which notice |
shall name some day and place, not less than 5 days from the |
time of such publication of such notice, upon which the State |
|
Board of Elections will decide by lot which of the sets of |
candidates for President and Vice-President so equal and |
highest shall be declared to be highest. And upon the day and |
at the place so appointed in the notice, the board shall so |
decide by lot and declare which is deemed highest of the sets |
of candidates for President and Vice-President so equal and |
highest, thereby determining only that the electors and |
alternate electors chosen as aforesaid by such candidates' |
party or group are thereby elected by general ticket to be such |
electors and alternate electors. |
(Source: P.A. 100-863, eff. 8-14-18.)
|
(10 ILCS 5/21-3) (from Ch. 46, par. 21-3) |
Sec. 21-3. Within five days after the votes shall have |
been canvassed and the results declared or the result declared |
by lot as provided for in Section 21-2 above, the Governor |
shall cause the result of said election to be published, and |
shall proclaim the persons electors and alternate electors of |
President and Vice-President so chosen composing the list so |
elected, by transmitting by mail to the several persons so |
chosen and composing the list or set elected, electors of |
President and Vice-President certificates in triplicate, under |
the Seal of State of their appointment, and shall also |
transmit under the Seal of State to the Secretary of State of |
the United States the certificate of the election of said |
electors and alternate electors as required by the laws of |
|
Congress. |
(Source: Laws 1943, vol. 2, p. 1.)
|
(10 ILCS 5/21-4) (from Ch. 46, par. 21-4) |
Sec. 21-4. Presidential electors; meeting; allowance. The |
electors and alternate electors, elected under this Article, |
shall meet at the office of the Secretary of State in a room to |
be designated by the Secretary in the Capitol at Springfield |
in this State, at the time appointed by the laws of the United |
States at the hour of ten o'clock in the forenoon of that day, |
and give their votes for President and for Vice-President of |
the United States, in the manner provided by the Uniform |
Faithful Presidential Electors Act in this Article, and |
perform such duties as are or may be required by law. Each |
elector and alternate elector shall receive an allowance for |
food and lodging equal to the amount per day permitted to be |
deducted for such expenses under the Internal Revenue Code, |
plus a mileage allowance at the rate in effect under |
regulations promulgated pursuant to 5 U.S.C. 5707(b)(2) for |
the number of highway miles necessarily and conveniently |
traveled, for going to the seat of government to give his or |
her vote and returning to his or her residence and otherwise |
performing the official duties of an elector and alternate |
elector, to be paid on the warrant of the State Comptroller, |
out of any money in the treasury not otherwise appropriated, |
and any person appointed by the electors assembled to fill a |
|
vacancy shall also receive the allowances provided for |
electors appointed. However, an elector who refuses to present |
a ballot, presents an unmarked ballot, or presents a ballot |
marked in violation of the elector's pledge in the Uniform |
Faithful Presidential Electors Act may not receive an |
allowance for food and lodging. |
(Source: P.A. 92-359, eff. 1-1-02.)
|
(10 ILCS 5/21-5 rep.) |
Section 5-95. The Election Code is amended by repealing |
Section 21-5.
|
ARTICLE 10.
|
Section 10-5. The Election Code is amended by changing |
Sections 1-4, 1A-25, 1A-45, 2A-9, 7-5, 7-12, 8-9, 9-8.5, 9-11, |
9-23.5, 9-35, 9-50, 10-6, 10-6.1, 10-10.1, 13-6.1, 14-5.1, |
19-12.2, 19A-21, 25-3, 28-8, 29B-10, 29B-15, and 29B-20 as |
follows:
|
(10 ILCS 5/1-4) (from Ch. 46, par. 1-4) |
Sec. 1-4. (a) In any case in which this Act prescribes a |
period of time within which petitions for nomination must be |
filed, the office in which petitions must be filed shall |
remain open for the receipt of such petitions until 5:00 P.M. |
on the last day of the filing period. |
|
(b) (Blank). For the 2013 consolidated election period, an |
election authority or local election official shall accept |
until 104 days before the election at which candidates are to |
be on the ballot any petitions for nomination or certificate |
of nomination required by this Code to be filed no earlier than |
113 and no later than 106 days before the consolidated |
election. Notwithstanding any other provision of this Code, |
for purposes of this subsection (b) only, signatures and |
circulator statements on petitions for nomination filed with |
an election authority or local election official on the final |
day for filing petitions for nomination shall not be deemed |
invalid for the sole reason that the petitions were circulated |
between 90 and 92 days before the last day for filing |
petitions. |
(Source: P.A. 97-1134, eff. 12-3-12.)
|
(10 ILCS 5/1A-25) |
Sec. 1A-25. Centralized statewide voter registration list. |
(a) The centralized statewide voter registration list |
required by Title III, Subtitle A, Section 303 of the Help |
America Vote Act of 2002 shall be created and maintained by the |
State Board of Elections as provided in this Section. |
(1) The centralized statewide voter registration list |
shall be compiled from the voter registration data bases |
of each election authority in this State. |
(2) With the exception of voter registration forms |
|
submitted electronically through an online voter |
registration system, all new voter registration forms and |
applications to register to vote, including those reviewed |
by the Secretary of State at a driver services facility, |
shall be transmitted only to the appropriate election |
authority as required by Articles 4, 5, and 6 of this Code |
and not to the State Board of Elections. All voter |
registration forms submitted electronically to the State |
Board of Elections through an online voter registration |
system shall be transmitted to the appropriate election |
authority as required by Section 1A-16.5. The election |
authority shall process and verify each voter registration |
form and electronically enter verified registrations on an |
expedited basis onto the statewide voter registration |
list. All original registration cards shall remain |
permanently in the office of the election authority as |
required by this Code. |
(3) The centralized statewide voter registration list |
shall: |
(i) Be designed to allow election authorities to |
utilize the registration data on the statewide voter |
registration list pertinent to voters registered in |
their election jurisdiction on locally maintained |
software programs that are unique to each |
jurisdiction. |
(ii) Allow each election authority to perform |
|
essential election management functions, including but |
not limited to production of voter lists, processing |
of vote by mail voters, production of individual, |
pre-printed applications to vote, administration of |
election judges, and polling place administration, but |
shall not prevent any election authority from using |
information from that election authority's own |
systems. |
(4) The registration information maintained by each |
election authority shall be synchronized with that |
authority's information on the statewide list at least |
once every 24 hours. |
(5) The vote by mail, early vote, and rejected ballot |
information maintained by each election authority shall be |
synchronized with the election authority's information on |
the statewide list at least once every 24 hours. The State |
Board of Elections shall maintain the information required |
by this paragraph in an electronic format on its website, |
arranged by county and accessible to State and local |
political committees. |
(i) Within one day after receipt of a vote by mail |
voter's ballot, the election authority shall transmit |
by electronic means the voter's name, street address, |
email address and precinct, ward, township, and |
district numbers, as the case may be, to the State |
Board of Elections. |
|
(ii) Within one day after receipt of an early |
voter's ballot, the election authority shall transmit |
by electronic means the voter's name, street address, |
email address and precinct, ward, township, and |
district numbers, as the case may be, to the State |
Board of Elections. |
(iii) If a vote by mail ballot is rejected for any |
reason, within one day after the rejection the |
election authority shall transmit by electronic means |
the voter's name, street address, email address and |
precinct, ward, township, and district numbers, as the |
case may be, to the State Board of Elections. If a |
rejected vote by mail ballot is determined to be |
valid, the election authority shall, within one day |
after the determination, remove the name of the voter |
from the list transmitted to the State Board of |
Election. |
(6) Beginning no later than January 1, 2024, the |
statewide voter registration list shall be updated on a |
monthly basis by no sooner than the first of every month; |
however, the information required in paragraph (5) shall |
be updated at least every 24 hours and made available upon |
request to permitted entities as described in this |
Section. |
(b) To protect the privacy and confidentiality of voter |
registration information, the disclosure of any portion of the |
|
centralized statewide voter registration list to any person or |
entity other than to a State or local political committee and |
other than to a governmental entity for a governmental purpose |
is specifically prohibited except as follows: (1) subject to |
security measures adopted by the State Board of Elections |
which, at a minimum, shall include the keeping of a catalog or |
database, available for public view, including the name, |
address, and telephone number of the person viewing the list |
as well as the time of that viewing, any person may view the |
list on a computer screen at the Springfield office of the |
State Board of Elections, during normal business hours other |
than during the 27 days before an election, but the person |
viewing the list under this exception may not print, |
duplicate, transmit, or alter the list; or (2) as may be |
required by an agreement the State Board of Elections has |
entered into with a multi-state voter registration list |
maintenance system. |
(c) Except during the 27 days immediately preceding any |
election, the State Board of Elections shall make available to |
the public the statewide voter registration list, allowing for |
redaction of telephone numbers, social security numbers, |
street numbers of home addresses, birth dates, identifiable |
portions of email addresses, and other highly sensitive |
personal information. Information released under this |
subsection shall be used only for the purposes defined within |
the federal National Voter Registration Act, 52 U.S.C. |
|
20507(i), ensuring the accuracy and currency of official lists |
of eligible voters. The State Board of Elections may charge a |
reasonable fee under this subsection, consisting of the cost |
of duplication plus a 15% fee for administration. No sooner |
than 14 days after a request for voter registration records is |
made under this subsection, the State Board of Elections shall |
publicly disclose the request on a publicly accessible website |
regardless of whether the request was approved or denied. |
Voter registration records or data shall not be used for any |
personal, private, or commercial purpose, including, but not |
limited to, the intimidation, threat, or deception of any |
person or the advertising, solicitation, sale, or marketing of |
products or services. The State Board of Elections shall deny |
a request made under this subsection to any person or entity |
that is the subject of a court order finding a violation of |
this subsection. Upon the entry of a court order finding that a |
person or entity has violated this subsection, the clerk of |
the circuit court shall forward a copy of the order to the |
State Board of Elections. |
(Source: P.A. 103-467, eff. 8-4-23.)
|
(10 ILCS 5/1A-45) |
Sec. 1A-45. Electronic Registration Information Center. |
(a) The State Board of Elections shall enter into an |
agreement with the Electronic Registration Information Center |
effective no later than January 1, 2016, for the purpose of |
|
maintaining a statewide voter registration database. The State |
Board of Elections shall comply with the requirements of the |
Electronic Registration Information Center Membership |
Agreement. The State Board of Elections shall require a term |
in the Electronic Registration Information Center Membership |
Agreement that requires the State to share identification |
records contained in the Secretary of State's Driver Services |
Department and Vehicle Services Department, the Department of |
Human Services, the Department of Healthcare and Family |
Services, the Department on Aging, and the Department of |
Employment Security databases (excluding those fields |
unrelated to voter eligibility, such as income or health |
information). |
(b) The Secretary of State and the State Board of |
Elections shall enter into an agreement to permit the |
Secretary of State to provide the State Board of Elections |
with any information required for compliance with the |
Electronic Registration Information Center Membership |
Agreement. The Secretary of State shall deliver this |
information as frequently as necessary for the State Board of |
Elections to comply with the Electronic Registration |
Information Center Membership Agreement. |
(b-5) (Blank). The State Board of Elections and the |
Department of Human Services, the Department of Healthcare and |
Family Services, the Department on Aging, and the Department |
of Employment Security shall enter into an agreement to |
|
require each department to provide the State Board of |
Elections with any information necessary to transmit member |
data under the Electronic Registration Information Center |
Membership Agreement. The director or secretary, as |
applicable, of each agency shall deliver this information on |
an annual basis to the State Board of Elections pursuant to the |
agreement between the entities. |
(c) Any communication required to be delivered to a |
registrant or potential registrant pursuant to the Electronic |
Registration Information Center Membership Agreement shall |
include at least the following message: |
"Our records show people at this address may not be |
registered to vote at this address, but you may be |
eligible to register to vote or re-register to vote at |
this address. If you are a U.S. Citizen, a resident of |
Illinois, and will be 18 years old or older before the next |
general election in November, you are qualified to vote. |
We invite you to check your registration online at |
(enter URL) or register to vote online at (enter URL), by |
requesting a mail-in voter registration form by (enter |
instructions for requesting a mail-in voter registration |
form), or visiting the (name of election authority) office |
at (address of election authority)." |
The words "register to vote online at (enter URL)" shall |
be bolded and of a distinct nature from the other words in the |
message required by this subsection (c). |
|
(d) Any communication required to be delivered to a |
potential registrant that has been identified by the |
Electronic Registration Information Center as eligible to vote |
but who is not registered to vote in Illinois shall be prepared |
and disseminated at the direction of the State Board of |
Elections. All other communications with potential registrants |
or re-registrants pursuant to the Electronic Registration |
Information Center Membership Agreement shall be prepared and |
disseminated at the direction of the appropriate election |
authority. |
(e) The Executive Director of the State Board of Elections |
or his or her designee shall serve as the Member |
Representative to the Electronic Registration Information |
Center. |
(f) The State Board of Elections may adopt any rules |
necessary to enforce this Section or comply with the |
Electronic Registration Information Center Membership |
Agreement. |
(Source: P.A. 102-558, eff. 8-20-21.)
|
(10 ILCS 5/2A-9) (from Ch. 46, par. 2A-9) |
(Text of Section WITHOUT the changes made by P.A. 89-719, |
which has been held unconstitutional) |
Sec. 2A-9. Supreme, Appellate and Circuit Judges. |
(a) If one of the following events occurs 134 92 or more |
days before a general primary election at which judges are to |
|
be nominated, the term of an incumbent judge will expire on the |
first Monday in December of the next even-numbered year: |
(1) the judge dies; |
(2) the Chief Justice receives a written resignation |
or notice of retirement, signed and submitted by the |
judge, which specifies a date of resignation or retirement |
on or before the first Monday in December of the next |
even-numbered year; |
(3) a statute mandates the judge's retirement for |
reason of age on or before the first Monday in December of |
the next even-numbered year; |
(4) the judge was eligible to seek retention in the |
next general election but failed to timely file a |
declaration of candidacy to succeed himself or, having |
timely filed such declaration, withdrew it; |
(5) the judge is convicted of a felony or other |
infamous crime; |
(6) the judge is removed from office. |
If one of the preceding events occurs less than 134 92 days |
before a primary election at which judges are to be nominated, |
the term of an incumbent judge will expire on the first Monday |
in December following the second general election thereafter. |
(b) Judges of the Appellate and Circuit Courts shall be |
elected in their respective districts or circuits at the |
general election of each even-numbered year immediately |
preceding the expiration of the term of each incumbent judge, |
|
not retained, and shall enter upon the duties of their offices |
on the first Monday of December after their election. |
(c) Whenever an additional appellate or Circuit Judge is |
authorized by law, the office shall be filled in the manner |
provided for filling a vacancy in that office. |
(Source: P.A. 86-1348.)
|
(10 ILCS 5/7-5) (from Ch. 46, par. 7-5) |
Sec. 7-5. (a) Primary elections shall be held on the dates |
prescribed in Article 2A. |
(b) 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 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. |
(c) 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 (c) shall not apply if such primary |
election is conducted on a regularly scheduled election day. |
(d) Notwithstanding the provisions in subsection (b) and |
(c) of this Section, 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 intent with the State Board of |
Elections or the local election official where the candidate |
is seeking to appear on the ballot 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. |
(e) The polls shall be open from 6:00 a.m. to 7:00 p.m. |
(Source: P.A. 86-873.)
|
(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) Except as otherwise provided in this Code, 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 in one county |
and partly in another county or counties (including the |
Fox Metro Water Reclamation District), 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 141 and not less |
than 134 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 85 113 days and not less than 82 |
110 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 134th 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 120 |
nor less than 113 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 141 and not less than 134 days prior to the date of |
the primary; provided, however, that if the rules or |
policies of a national political party conflict with such |
requirements for filing petitions for nomination for |
delegates or alternate delegates to a national nominating |
|
convention, the chair 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 141 nor less than 134 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 127 nor less than 120 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 |
committeeperson shall be filed in the principal office of |
the State Board of Elections not more than 141 nor less |
|
than 134 days prior to the date of the primary. |
(5) Petitions of candidates for precinct, township or |
ward committeepersons shall be filed in the office of the |
county clerk not more than 141 nor less than 134 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 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 chair of the State central |
committee of each established political party, and by each |
election authority or local election official, to the |
County Chair 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 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 statements of organization, |
reports of campaign contributions, and quarterly annual |
reports of campaign contributions and expenditures under |
Article 9 of this Code. Such notice shall be given in the |
manner prescribed 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 interests 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. |
(9) Except as otherwise provided in this Code, any |
person for whom a petition for nomination, or for |
committeeperson 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 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 |
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 |
intent with the State Board of Elections or the local |
|
election official where the candidate is seeking to appear |
on the ballot 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 |
|
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. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21; |
103-586, eff. 5-3-24.)
|
(10 ILCS 5/8-9) (from Ch. 46, par. 8-9) |
Sec. 8-9. All petitions for nomination shall be filed by |
mail or in person as follows: |
(1) Where the nomination is made for a legislative |
office, such petition for nomination shall be filed in the |
principal office of the State Board of Elections not more |
than 141 113 and not less than 134 106 days prior to the |
date of the primary. |
(2) The State Board of Elections shall, upon receipt |
|
of each petition, endorse thereon the day and hour on |
which it was filed. Petitions filed by mail and received |
after midnight on 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, and 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 to have been filed simultaneously. Where 2 or more |
petitions are received simultaneously, the State Board of |
Elections shall break ties and determine the order of |
filing, by means of a lottery as provided in Section 7-12 |
of this Code. |
(3) Any person for whom a petition for nomination has |
been filed, may cause his name to be withdrawn by a request |
in writing, signed by him, 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 not later than the date of |
certification of candidates for the general primary |
ballot, and no names so withdrawn shall be certified by |
the State Board of Elections to the county clerk, 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. |
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. |
(4) If multiple sets of nomination papers are filed |
for a candidate to the same office, the State Board of |
Elections 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 that he or |
she may cancel prior sets of petitions. If the candidate |
notifies the State Board of Elections the last set of |
petitions filed shall be the only petitions to be |
considered valid by the State Board of Elections. If the |
candidate fails to notify the State Board then only the |
first set of petitions filed shall be valid and all |
subsequent petitions shall be void. |
|
(Source: P.A. 98-115, eff. 7-29-13.)
|
(10 ILCS 5/9-8.5) |
Sec. 9-8.5. Limitations on campaign contributions. |
(a) It is unlawful for a political committee to accept |
contributions except as provided in this Section. |
(b) During an election cycle, a candidate political |
committee may not accept contributions with an aggregate value |
over the following: (i) $5,000 from any individual, (ii) |
$10,000 from any corporation, labor organization, or |
association, or (iii) $50,000 from a candidate political |
committee or political action committee. A candidate political |
committee may accept contributions in any amount from a |
political party committee except during an election cycle in |
which the candidate seeks nomination at a primary election. |
During an election cycle in which the candidate seeks |
nomination at a primary election, a candidate political |
committee may not accept contributions from political party |
committees with an aggregate value over the following: (i) |
$200,000 for a candidate political committee established to |
support a candidate seeking nomination to statewide office, |
(ii) $125,000 for a candidate political committee established |
to support a candidate seeking nomination to the Senate, the |
Supreme Court or Appellate Court in the First Judicial |
District, or an office elected by all voters in a county with |
1,000,000 or more residents, (iii) $75,000 for a candidate |
|
political committee established to support a candidate seeking |
nomination to the House of Representatives, the Supreme Court |
or Appellate Court for a Judicial District other than the |
First Judicial District, an office elected by all voters of a |
county of fewer than 1,000,000 residents, and municipal and |
county offices in Cook County other than those elected by all |
voters of Cook County, and (iv) $50,000 for a candidate |
political committee established to support the nomination of a |
candidate to any other office. A candidate political committee |
established to elect a candidate to the General Assembly may |
accept contributions from only one legislative caucus |
committee. A candidate political committee may not accept |
contributions from a ballot initiative committee or from an |
independent expenditure committee. |
(b-5) Judicial elections. |
(1) In addition to any other provision of this |
Section, a candidate political committee established to |
support or oppose a candidate seeking nomination to the |
Supreme Court, Appellate Court, or Circuit Court may not: |
(A) accept contributions from any entity that does |
not disclose the identity of those who make |
contributions to the entity, except for contributions |
that are not required to be itemized by this Code; or |
(B) accept contributions from any out-of-state |
person, as defined in this Article. |
(1.1) In addition to any other provision of this |
|
Section, a political committee that is self-funding, as |
described in subsection (h) of this Section, and is |
established to support or oppose a candidate seeking |
nomination, election, or retention to the Supreme Court, |
the Appellate Court, or the Circuit Court may not accept |
contributions from any single person, other than the |
judicial candidate or the candidate's immediate family, in |
a cumulative amount that exceeds $500,000 in any election |
cycle. Any contribution in excess of the limits in this |
paragraph (1.1) shall escheat to the State of Illinois. |
Any political committee that receives such a contribution |
shall immediately forward the amount that exceeds $500,000 |
to the State Treasurer who shall deposit the funds into |
the State Treasury. |
(1.2) In addition to any other provision of this |
Section, an independent expenditure committee established |
to support or oppose a candidate seeking nomination, |
election, or retention to the Supreme Court, the Appellate |
Court, or the Circuit Court may not accept contributions |
from any single person in a cumulative amount that exceeds |
$500,000 in any election cycle. Any contribution in excess |
of the limits in this paragraph (1.2) shall escheat to the |
State of Illinois. Any independent expenditure committee |
that receives such a contribution shall immediately |
forward the amount that exceeds $500,000 to the State |
Treasurer who shall deposit the funds into the State |
|
Treasury. |
(1.3) In addition to any other provision of this |
Section, if a political committee established to support |
or oppose a candidate seeking nomination, election, or |
retention to the Supreme Court, the Appellate Court, or |
the Circuit Court receives a contribution in excess of |
$500 from: (i) any committee that is not required to |
disclose its contributors under this Act; (ii) any |
association that is not required to disclose its |
contributors under this Act; or (iii) any other |
organization or group of persons that is not required to |
disclose its contributors under this Act, then that |
contribution shall be considered an anonymous contribution |
that shall escheat to the State, unless the political |
committee reports to the State Board of Elections all |
persons who have contributed in excess of $500 during the |
same election cycle to the committee, association, |
organization, or group making the contribution. Any |
political committee that receives such a contribution and |
fails to report this information shall forward the |
contribution amount immediately to the State Treasurer who |
shall deposit the funds into the State Treasury. |
(2) As used in this subsection, "contribution" has the |
meaning provided in Section 9-1.4 and also includes the |
following that are subject to the limits of this Section: |
(A) expenditures made by any person in concert or |
|
cooperation with, or at the request or suggestion of, |
a candidate, his or her designated committee, or their |
agents; and |
(B) the financing by any person of the |
dissemination, distribution, or republication, in |
whole or in part, of any broadcast or any written, |
graphic, or other form of campaign materials prepared |
by the candidate, his or her campaign committee, or |
their designated agents. |
(3) As to contributions to a candidate political |
committee established to support a candidate seeking |
nomination to the Supreme Court, Appellate Court, or |
Circuit Court: |
(A) No person shall make a contribution in the |
name of another person or knowingly permit his or her |
name to be used to effect such a contribution. |
(B) No person shall knowingly accept a |
contribution made by one person in the name of another |
person. |
(C) No person shall knowingly accept reimbursement |
from another person for a contribution made in his or |
her own name. |
(D) No person shall make an anonymous |
contribution. |
(E) No person shall knowingly accept any anonymous |
contribution. |
|
(F) No person shall predicate (1) any benefit, |
including, but not limited to, employment decisions, |
including hiring, promotions, bonus compensation, and |
transfers, or (2) any other gift, transfer, or |
emolument upon: |
(i) the decision by the recipient of that |
benefit to donate or not to donate to a candidate; |
or |
(ii) the amount of any such donation. |
(4) No judicial candidate or political committee |
established to support a candidate seeking nomination to |
the Supreme Court, Appellate Court, or Circuit Court shall |
knowingly accept any contribution or make any expenditure |
in violation of the provisions of this Section. No officer |
or employee of a political committee established to |
support a candidate seeking nomination to the Supreme |
Court, Appellate Court, or Circuit Court shall knowingly |
accept a contribution made for the benefit or use of a |
candidate or knowingly make any expenditure in support of |
or opposition to a candidate or for electioneering |
communications in relation to a candidate in violation of |
any limitation designated for contributions and |
expenditures under this Section. |
(5) Where the provisions of this subsection (b-5) |
conflict with any other provision of this Code, this |
subsection (b-5) shall control. |
|
(c) During an election cycle, a political party committee |
may not accept contributions with an aggregate value over the |
following: (i) $10,000 from any individual, (ii) $20,000 from |
any corporation, labor organization, or association, or (iii) |
$50,000 from a political action committee. A political party |
committee may accept contributions in any amount from another |
political party committee or a candidate political committee, |
except as provided in subsection (c-5). Nothing in this |
Section shall limit the amounts that may be transferred |
between a political party committee established under |
subsection (a) of Section 7-8 of this Code and an affiliated |
federal political committee established under the Federal |
Election Code by the same political party. A political party |
committee may not accept contributions from a ballot |
initiative committee or from an independent expenditure |
committee. A political party committee established by a |
legislative caucus may not accept contributions from another |
political party committee established by a legislative caucus. |
(c-5) (Blank). During the period beginning on the date |
candidates may begin circulating petitions for a primary |
election and ending on the day of the primary election, a |
political party committee may not accept contributions with an |
aggregate value over $50,000 from a candidate political |
committee or political party committee. A political party |
committee may accept contributions in any amount from a |
candidate political committee or political party committee if |
|
the political party committee receiving the contribution filed |
a statement of nonparticipation in the primary as provided in |
subsection (c-10). The Task Force on Campaign Finance Reform |
shall study and make recommendations on the provisions of this |
subsection to the Governor and General Assembly by September |
30, 2012. This subsection becomes inoperative on July 1, 2013 |
and thereafter no longer applies. |
(c-10) (Blank). A political party committee that does not |
intend to make contributions to candidates to be nominated at |
a general primary election or consolidated primary election |
may file a Statement of Nonparticipation in a Primary Election |
with the Board. The Statement of Nonparticipation shall |
include a verification signed by the chairperson and treasurer |
of the committee that (i) the committee will not make |
contributions or coordinated expenditures in support of or |
opposition to a candidate or candidates to be nominated at the |
general primary election or consolidated primary election |
(select one) to be held on (insert date), (ii) the political |
party committee may accept unlimited contributions from |
candidate political committees and political party committees, |
provided that the political party committee does not make |
contributions to a candidate or candidates to be nominated at |
the primary election, and (iii) failure to abide by these |
requirements shall deem the political party committee in |
violation of this Article and subject the committee to a fine |
of no more than 150% of the total contributions or coordinated |
|
expenditures made by the committee in violation of this |
Article. This subsection becomes inoperative on July 1, 2013 |
and thereafter no longer applies. |
(d) During an election cycle, a political action committee |
may not accept contributions with an aggregate value over the |
following: (i) $10,000 from any individual, (ii) $20,000 from |
any corporation, labor organization, political party |
committee, or association, or (iii) $50,000 from a political |
action committee or candidate political committee. A political |
action committee may not accept contributions from a ballot |
initiative committee or from an independent expenditure |
committee. |
(e) A ballot initiative committee may accept contributions |
in any amount from any source, provided that the committee |
files the document required by Section 9-3 of this Article and |
files the disclosure reports required by the provisions of |
this Article. |
(e-5) An independent expenditure committee may accept |
contributions in any amount from any source, provided that the |
committee files the document required by Section 9-3 of this |
Article and files the disclosure reports required by the |
provisions of this Article. |
(e-10) A limited activity committee shall not accept |
contributions, except that the officer or a candidate the |
committee has designated to support may contribute personal |
funds in order to pay for maintenance expenses. A limited |
|
activity committee may only make expenditures that are: (i) |
necessary for maintenance of the committee; (ii) for rent or |
lease payments until the end of the lease in effect at the time |
the officer or candidate is confirmed by the Senate; (iii) |
contributions to 501(c)(3) charities; or (iv) returning |
contributions to original contributors. |
(f) Nothing in this Section shall prohibit a political |
committee from dividing the proceeds of joint fundraising |
efforts; provided that no political committee may receive more |
than the limit from any one contributor, and provided that an |
independent expenditure committee may not conduct joint |
fundraising efforts with a candidate political committee or a |
political party committee. |
(g) On January 1 of each odd-numbered year, the State |
Board of Elections shall adjust the amounts of the |
contribution limitations established in this Section for |
inflation as determined by the Consumer Price Index for All |
Urban Consumers as issued by the United States Department of |
Labor and rounded to the nearest $100. The State Board shall |
publish this information on its official website. |
(h) Self-funding candidates. If a public official, a |
candidate, or the public official's or candidate's immediate |
family contributes or loans to the public official's or |
candidate's political committee or to other political |
committees that transfer funds to the public official's or |
candidate's political committee or makes independent |
|
expenditures for the benefit of the public official's or |
candidate's campaign during the 12 months prior to an election |
in an aggregate amount of more than (i) $250,000 for statewide |
office or (ii) $100,000 for all other elective offices, then |
the public official or candidate shall file with the State |
Board of Elections, within one day, a Notification of |
Self-funding that shall detail each contribution or loan made |
by the public official, the candidate, or the public |
official's or candidate's immediate family. Within 2 business |
days after the filing of a Notification of Self-funding, the |
notification shall be posted on the Board's website and the |
Board shall give official notice of the filing to each |
candidate for the same office as the public official or |
candidate making the filing, including the public official or |
candidate filing the Notification of Self-funding. Notice |
shall be sent via first class mail to the candidate and the |
treasurer of the candidate's committee. Notice shall also be |
sent by e-mail to the candidate and the treasurer of the |
candidate's committee if the candidate and the treasurer, as |
applicable, have provided the Board with an e-mail address. |
Upon posting of the notice on the Board's website, all |
candidates for that office, including the public official or |
candidate who filed a Notification of Self-funding, shall be |
permitted to accept contributions in excess of any |
contribution limits imposed by subsection (b). If a public |
official or candidate filed a Notification of Self-funding |
|
during an election cycle that includes a general primary |
election or consolidated primary election and that public |
official or candidate is nominated, all candidates for that |
office, including the nominee who filed the notification of |
self-funding, shall be permitted to accept contributions in |
excess of any contribution limit imposed by subsection (b) for |
the subsequent election cycle. For the purposes of this |
subsection, "immediate family" means the spouse, parent, or |
child of a public official or candidate. |
(h-5) If a natural person or independent expenditure |
committee makes independent expenditures in support of or in |
opposition to the campaign of a particular public official or |
candidate in an aggregate amount of more than (i) $250,000 for |
statewide office or (ii) $100,000 for all other elective |
offices in an election cycle, as reported in a written |
disclosure filed under subsection (a) of Section 9-8.6 or |
subsection (e-5) of Section 9-10, then the State Board of |
Elections shall, within 2 business days after the filing of |
the disclosure, post the disclosure on the Board's website and |
give official notice of the disclosure to each candidate for |
the same office as the public official or candidate for whose |
benefit or detriment the natural person or independent |
expenditure committee made independent expenditures. Upon |
posting of the notice on the Board's website, all candidates |
for that office in that election, including the public |
official or candidate for whose benefit or detriment the |
|
natural person or independent expenditure committee made |
independent expenditures, shall be permitted to accept |
contributions in excess of any contribution limits imposed by |
subsection (b). |
(h-10) If the State Board of Elections receives |
notification or determines that a natural person or persons, |
an independent expenditure committee or committees, or |
combination thereof has made independent expenditures in |
support of or in opposition to the campaign of a particular |
public official or candidate in an aggregate amount of more |
than (i) $250,000 for statewide office or (ii) $100,000 for |
all other elective offices in an election cycle, then the |
Board shall, within 2 business days after discovering the |
independent expenditures that, in the aggregate, exceed the |
threshold set forth in (i) and (ii) of this subsection, post |
notice of this fact on the Board's website and give official |
notice to each candidate for the same office as the public |
official or candidate for whose benefit or detriment the |
independent expenditures were made. Notice shall be sent via |
first class mail to the candidate and the treasurer of the |
candidate's committee. Notice shall also be sent by e-mail to |
the candidate and the treasurer of the candidate's committee |
if the candidate and the treasurer, as applicable, have |
provided the Board with an e-mail address. Upon posting of the |
notice on the Board's website, all candidates of that office |
in that election, including the public official or candidate |
|
for whose benefit or detriment the independent expenditures |
were made, may accept contributions in excess of any |
contribution limits imposed by subsection (b). |
(i) For the purposes of this Section, a corporation, labor |
organization, association, or a political action committee |
established by a corporation, labor organization, or |
association may act as a conduit in facilitating the delivery |
to a political action committee of contributions made through |
dues, levies, or similar assessments and the political action |
committee may report the contributions in the aggregate, |
provided that: (i) contributions made through dues, levies, or |
similar assessments paid by any natural person, corporation, |
labor organization, or association in a calendar year may not |
exceed the limits set forth in this Section; (ii) the |
corporation, labor organization, association, or a political |
action committee established by a corporation, labor |
organization, or association facilitating the delivery of |
contributions maintains a list of natural persons, |
corporations, labor organizations, and associations that paid |
the dues, levies, or similar assessments from which the |
contributions comprising the aggregate amount derive; and |
(iii) contributions made through dues, levies, or similar |
assessments paid by any natural person, corporation, labor |
organization, or association that exceed $1,000 in a quarterly |
reporting period shall be itemized on the committee's |
quarterly report and may not be reported in the aggregate. A |
|
political action committee facilitating the delivery of |
contributions or receiving contributions shall disclose the |
amount of contributions made through dues delivered or |
received and the name of the corporation, labor organization, |
association, or political action committee delivering the |
contributions, if applicable. On January 1 of each |
odd-numbered year, the State Board of Elections shall adjust |
the amounts of the contribution limitations established in |
this subsection for inflation as determined by the Consumer |
Price Index for All Urban Consumers as issued by the United |
States Department of Labor and rounded to the nearest $100. |
The State Board shall publish this information on its official |
website. |
(j) A political committee that receives a contribution or |
transfer in violation of this Section shall dispose of the |
contribution or transfer by returning the contribution or |
transfer, or an amount equal to the contribution or transfer, |
to the contributor or transferor or donating the contribution |
or transfer, or an amount equal to the contribution or |
transfer, to a charity. A contribution or transfer received in |
violation of this Section that is not disposed of as provided |
in this subsection within 30 days after the Board sends |
notification to the political committee of the excess |
contribution by certified mail shall escheat to the General |
Revenue Fund and the political committee shall be deemed in |
violation of this Section and subject to a civil penalty not to |
|
exceed 150% of the total amount of the contribution. |
(k) For the purposes of this Section, "statewide office" |
means the Governor, Lieutenant Governor, Attorney General, |
Secretary of State, Comptroller, and Treasurer. |
(l) This Section is repealed if and when the United States |
Supreme Court invalidates contribution limits on committees |
formed to assist candidates, political parties, corporations, |
associations, or labor organizations established by or |
pursuant to federal law. |
(Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21; |
102-909, eff. 5-27-22.)
|
(10 ILCS 5/9-11) (from Ch. 46, par. 9-11) |
Sec. 9-11. Financial reports. |
(a) Each quarterly report of campaign contributions, |
expenditures, and independent expenditures under Section 9-10 |
shall disclose the following: |
(1) the name and address of the political committee; |
(2) the name and address of the person submitting the |
report on behalf of the committee, if other than the chair |
or treasurer; |
(3) the amount of funds on hand at the beginning of the |
reporting period; |
(4) the full name and mailing address of each person |
who has made one or more contributions to or for the |
committee within the reporting period in an aggregate |
|
amount or value in excess of $150, together with the |
amounts and dates of those contributions, and, if the |
contributor is an individual who contributed more than |
$500, the occupation and employer of the contributor or, |
if the occupation and employer of the contributor are |
unknown, a statement that the committee has made a good |
faith effort to ascertain this information; |
(5) the total sum of individual contributions made to |
or for the committee during the reporting period and not |
reported under item (4); |
(6) the name and address of each political committee |
from which the reporting committee received, or to which |
that committee made, any transfer of funds in the |
aggregate amount or value in excess of $150, together with |
the amounts and dates of all transfers; |
(7) the total sum of transfers made to or from the |
committee during the reporting period and not reported |
under item (6); |
(8) each loan to or from any person, political |
committee, or financial institution within the reporting |
period by or to the committee in an aggregate amount or |
value in excess of $150, together with the full names and |
mailing addresses of the lender and endorsers, if any; the |
dates and amounts of the loans; and, if a lender or |
endorser is an individual who loaned or endorsed a loan of |
more than $500, the occupation and employer of that |
|
individual or, if the occupation and employer of the |
individual are unknown, a statement that the committee has |
made a good faith effort to ascertain this information; |
(9) the total amount of proceeds received by the |
committee from (i) the sale of tickets for each dinner, |
luncheon, cocktail party, rally, and other fund-raising |
events; (ii) mass collections made at those events; and |
(iii) sales of items such as political campaign pins, |
buttons, badges, flags, emblems, hats, banners, |
literature, and similar materials; |
(10) each contribution, rebate, refund, income from |
investments, or other receipt in excess of $150 received |
by the committee not otherwise listed under items (4) |
through (9) and, if the contributor is an individual who |
contributed more than $500, the occupation and employer of |
the contributor or, if the occupation and employer of the |
contributor are unknown, a statement that the committee |
has made a good faith effort to ascertain this |
information; |
(11) the total sum of all receipts by or for the |
committee or candidate during the reporting period; |
(12) the full name and mailing address of each person |
to whom expenditures have been made by the committee or |
candidate within the reporting period in an aggregate |
amount or value in excess of $150; the amount, date, and |
purpose of each of those expenditures; and the question of |
|
public policy or the name and address of, and the office |
sought by, each candidate on whose behalf that expenditure |
was made; |
(13) the full name and mailing address of each person |
to whom an expenditure for personal services, salaries, |
and reimbursed expenses in excess of $150 has been made |
and that is not otherwise reported, including the amount, |
date, and purpose of the expenditure; |
(14) the value of each asset held as an investment, as |
of the final day of the reporting period; |
(15) the total sum of expenditures made by the |
committee during the reporting period; and |
(16) the full name and mailing address of each person |
to whom the committee owes debts or obligations in excess |
of $150 and the amount of those debts or obligations. |
For purposes of reporting campaign receipts and expenses, |
income from investments shall be included as receipts during |
the reporting period they are actually received. The gross |
purchase price of each investment shall be reported as an |
expenditure at time of purchase. Net proceeds from the sale of |
an investment shall be reported as a receipt. During the |
period investments are held they shall be identified by name |
and quantity of security or instrument on each quarterly |
semi-annual report during the period. |
(b) Each report of a campaign contribution of $1,000 or |
more required under subsection (c) of Section 9-10 shall |
|
disclose the following: |
(1) the name and address of the political committee; |
(2) the name and address of the person submitting the |
report on behalf of the committee, if other than the chair |
or treasurer; and |
(3) the full name and mailing address of each person |
who has made a contribution of $1,000 or more. |
(c) Each quarterly report shall include the following |
information regarding any independent expenditures made during |
the reporting period: (1) the full name and mailing address of |
each person to whom an expenditure in excess of $150 has been |
made in connection with an independent expenditure; (2) the |
amount, date, and purpose of such expenditure; (3) a statement |
whether the independent expenditure was in support of or in |
opposition to a particular candidate; (4) the name of the |
candidate; (5) the office and, when applicable, district, |
sought by the candidate; and (6) a certification, under |
penalty of perjury, that such expenditure was not made in |
cooperation, consultation, or concert with, or at the request |
or suggestion of, any candidate or any authorized committee or |
agent of such committee. The report shall also include (I) the |
total of all independent expenditures of $150 or less made |
during the reporting period and (II) the total amount of all |
independent expenditures made during the reporting period. |
(d) The Board shall by rule define a "good faith effort". |
The reports of campaign contributions filed under this |
|
Article shall be cumulative during the reporting period to |
which they relate. |
(e) Each report shall be verified, dated, and signed by |
either the treasurer of the political committee or the |
candidate on whose behalf the report is filed and shall |
contain the following verification: |
"I declare that this report (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 report 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 up to $5,000.". |
(f) A political committee may amend a report filed under |
subsection (a) or (b). The Board may reduce or waive a fine if |
the amendment is due to a technical or inadvertent error and |
the political committee files the amended report, except that |
a report filed under subsection (b) must be amended within 5 |
business days. The State Board shall ensure that a description |
of the amended information is available to the public. The |
Board may promulgate rules to enforce this subsection. |
(Source: P.A. 100-1027, eff. 1-1-19.)
|
(10 ILCS 5/9-23.5) |
Sec. 9-23.5. Public database of founded complaints. The |
State Board of Elections shall establish and maintain on its |
official website a searchable database, freely accessible to |
|
the public, of each complaint filed with the Board under this |
Article with respect to which Board action was taken, |
including all Board actions and penalties imposed, if any. The |
Board must update the database within 5 business days after an |
action is taken or a penalty is imposed to include that |
complaint, action, or penalty in the database. The Task Force |
on Campaign Finance Reform shall make recommendations on |
improving access to information related to founded complaints. |
(Source: P.A. 96-832, eff. 1-1-11.)
|
(10 ILCS 5/9-35) |
Sec. 9-35. Registration of business entities. |
(a) This Section governs the procedures for the |
registration required under Section 20-160 of the Illinois |
Procurement Code. |
For the purposes of this Section, the terms |
"officeholder", "State contract", "business entity", "State |
agency", "affiliated entity", and "affiliated person" have the |
meanings ascribed to those terms in Section 50-37 of the |
Illinois Procurement Code. |
(b) Registration under Section 20-160 of the Illinois |
Procurement Code, and any changes to that registration, must |
be made electronically, and the State Board of Elections by |
rule shall provide for electronic registration; except that |
the State Board may adopt emergency rules providing for a |
temporary filing system, effective through August 1, 2009, |
|
under which business entities must file the required |
registration forms provided by the Board via e-mail attachment |
in a PDF file or via another type of mail service and must |
receive from the State Board registration certificates via |
e-mail or paper registration certificates. The State Board |
shall retain the registrations submitted by business entities |
via e-mail or another type of mail service for at least 6 |
months following the establishment of the electronic |
registration system required by this subsection. |
Each registration must contain substantially the |
following: |
(1) The name and address of the business entity. |
(2) The name and address of any affiliated entity of |
the business entity, including a description of the |
affiliation. |
(3) The name and address of any affiliated person of |
the business entity, including a description of the |
affiliation. |
(c) The Board shall provide a certificate of registration |
to the business entity. The certificate shall be electronic, |
except as otherwise provided in this Section, and accessible |
to the business entity through the State Board of Elections' |
website and protected by a password. Within 60 days after |
establishment of the electronic system, each business entity |
that submitted a registration via e-mail attachment or paper |
copy pursuant to this Section shall re-submit its registration |
|
electronically. At the time of re-submission, the State Board |
of Elections shall provide an electronic certificate of |
registration to that business entity. |
(d) Any business entity required to register under Section |
20-160 of the Illinois Procurement Code shall provide a copy |
of the registration certificate, by first class mail or hand |
delivery within 10 days after registration, to each affiliated |
entity or affiliated person whose identity is required to be |
disclosed. Failure to provide notice to an affiliated entity |
or affiliated person is a business offense for which the |
business entity is subject to a fine not to exceed $1,001. |
(e) In addition to any penalty under Section 20-160 of the |
Illinois Procurement Code, intentional, willful, or material |
failure to disclose information required for registration is |
subject to a civil penalty imposed by the State Board of |
Elections. The State Board shall impose a civil penalty of |
$1,000 per business day for failure to update a registration. |
(f) Any business entity required to register under Section |
20-160 of the Illinois Procurement Code shall notify any |
political committee to which it makes a contribution, at the |
time of the contribution, that the business entity is |
registered with the State Board of Elections under Section |
20-160 of the Illinois Procurement Code. Any affiliated entity |
or affiliated person of a business entity required to register |
under Section 20-160 of the Illinois Procurement Code shall |
notify any political committee to which it makes a |
|
contribution that it is affiliated with a business entity |
registered with the State Board of Elections under Section |
20-160 of the Illinois Procurement Code. |
(g) The State Board of Elections on its official website |
shall have a searchable database containing (i) all |
information required to be submitted to the Board under |
Section 20-160 of the Illinois Procurement Code and (ii) all |
reports filed under this Article with the State Board of |
Elections by all political committees. For the purposes of |
databases maintained by the State Board of Elections, |
"searchable" means able to search by "political committee", as |
defined in this Article, and by "officeholder", "State |
agency", "business entity", "affiliated entity", and |
"affiliated person". The Board shall not place the name of a |
minor child on the website. However, the Board shall provide a |
link to all contributions made by anyone reporting the same |
residential address as any affiliated person. In addition, the |
State Board of Elections on its official website shall provide |
an electronic connection to any searchable database of State |
contracts maintained by the Comptroller, searchable by |
business entity. |
(h) The State Board of Elections shall have rulemaking |
authority to implement this Section. |
(Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.)
|
(10 ILCS 5/9-50) |
|
Sec. 9-50. Vendor providing automated traffic systems; |
contributions. |
(a) No vendor that offers or provides equipment or |
services for automated traffic law enforcement, automated |
speed enforcement, or automated railroad grade crossing |
enforcement systems to municipalities or counties, no |
political action committee created by such a vendor, and no |
vendor-affiliated person shall make a campaign contribution to |
any political committee established to promote the candidacy |
of a candidate or public official. An officer or agent of such |
a vendor may not consent to any contribution or expenditure |
that is prohibited by this Section. A candidate, political |
committee, or other person may not knowingly accept or receive |
any contribution prohibited by this Section. A political |
committee that receives a contribution in violation of this |
Section shall dispose of the contribution by returning the |
contribution or an amount equal to the contribution to the |
contributor or by donating the contribution or an amount equal |
to the contribution to a charity. A contribution received in |
violation of this Section that is not disposed of within 30 |
days after the Board sends notification to the political |
committee of the excess contribution by certified mail shall |
escheat to the General Revenue Fund, and the political |
committee shall be deemed in violation of this Section and |
shall be subject to a civil penalty not to exceed 150% of the |
total amount of the contribution. |
|
(b) As used in this Section: |
"Automated law enforcement system", "automated speed |
enforcement system", and "automated railroad grade crossing |
enforcement system" have the meanings given to those terms in |
Article II of Chapter 11 of the Illinois Vehicle Code. |
"Vendor-affiliated person" means: (i) any person with an |
ownership interest in excess of 7.5% in a vendor that offers or |
provides equipment or services for automated traffic law |
enforcement, automated speed enforcement, or automated |
railroad grade crossing enforcement systems to municipalities |
or counties; (ii) any person with a distributive share in |
excess of 7.5% in a vendor that offers or provides equipment or |
services for automated traffic law enforcement, automated |
speed enforcement, or automated railroad grade crossing |
enforcement systems to municipalities or counties; (iii) any |
executive employees of a vendor that offers or provides |
equipment or services for automated traffic law enforcement, |
automated speed enforcement, or automated railroad grade |
crossing enforcement systems to municipalities or counties; |
and (iv) the spouse, minor child, or other immediate family |
member living in the residence of any of the persons |
identified in items (i) through (iii). |
(Source: P.A. 103-364, eff. 7-28-23.)
|
(10 ILCS 5/10-6) (from Ch. 46, par. 10-6) |
Sec. 10-6. Time and manner of filing. Except as otherwise |
|
provided in this Code, certificates of nomination and |
nomination papers for the nomination of candidates for offices |
to be filled by electors of the entire State, or any district |
not entirely within a county, or for congressional, state |
legislative or judicial offices, shall be presented to the |
principal office of the State Board of Elections not more than |
169 141 nor less than 162 134 days previous to the day of |
election for which the candidates are nominated. The State |
Board of Elections shall endorse the certificates of |
nomination or nomination papers, as the case may be, and the |
date and hour of presentment to it. Except as otherwise |
provided in this Code, all other certificates for the |
nomination of candidates shall be filed with the county clerk |
of the respective counties not more than 169 141 but at least |
162 134 days previous to the day of such election. |
Certificates of nomination and nomination papers for the |
nomination of candidates for school district offices to be |
filled at consolidated elections shall be filed with the |
county clerk or county board of election commissioners of the |
county in which the principal office of the school district is |
located not more than 141 113 nor less than 134 106 days before |
the consolidated election. Except as otherwise provided in |
this Code, certificates of nomination and nomination papers |
for the nomination of candidates for the other offices of |
political subdivisions to be filled at regular elections other |
than the general election shall be filed with the local |
|
election official of such subdivision: |
(1) (Blank); |
(2) not more than 141 113 nor less than 134 106 days |
prior to the consolidated election; or |
(3) not more than 141 113 nor less than 134 106 days |
prior to the general primary in the case of municipal |
offices to be filled at the general primary election; or |
(4) not more than 127 99 nor less than 120 92 days |
before the consolidated primary in the case of municipal |
offices to be elected on a nonpartisan basis pursuant to |
law (including, without limitation, those municipal |
offices subject to Articles 4 and 5 of the Municipal |
Code); or |
(5) not more than 141 113 nor less than 134 106 days |
before the municipal primary in even numbered years for |
such nonpartisan municipal offices where annual elections |
are provided; or |
(6) in the case of petitions for the office of |
multi-township assessor, such petitions shall be filed |
with the election authority not more than 113 nor less |
than 134 106 days before the consolidated election. |
However, where a political subdivision's boundaries are |
co-extensive with or are entirely within the jurisdiction of a |
municipal board of election commissioners, the certificates of |
nomination and nomination papers for candidates for such |
political subdivision offices shall be filed in the office of |
|
such Board. |
(Source: P.A. 102-15, eff. 6-17-21.)
|
(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 |
statements of organization, reports of campaign contributions, |
and quarterly annual reports of campaign contributions and |
expenditures under Article 9 of this Act. Such notice shall be |
given in the manner prescribed by paragraph (7) of Section |
9-16 of this Code. |
(Source: P.A. 81-1189.)
|
(10 ILCS 5/10-10.1) (from Ch. 46, par. 10-10.1) |
Sec. 10-10.1. (a) Except as otherwise provided in this |
Section, a candidate or objector aggrieved by the decision of |
an electoral board may secure judicial review of such decision |
in the circuit court of the county in which the hearing of the |
electoral board was held. The party seeking judicial review |
must file, within 5 days after service of the decision of the |
electoral board as provided in Section 10-10, a petition with |
the clerk of the court that names as respondents the electoral |
board, its members, and the prevailing candidates or objectors |
in the initial proceeding before the board. The party seeking |
judicial review and must serve a copy of the petition upon each |
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of the respondents named in the petition for judicial review |
the electoral board and other parties to the proceeding by |
registered or certified mail within 5 days after service of |
the decision of the electoral board as provided in Section |
10-10. The petition shall contain a brief statement of the |
reasons why the decision of the board should be reversed. The |
petitioner shall file proof of service with the clerk of the |
court within 5 days after service of the decision of the |
electoral board as provided in Section 10-10. No answer to the |
petition need be filed, but the electoral board shall cause |
the record of proceedings before the electoral board to be |
filed with the clerk of the court on or before the date of the |
hearing on the petition or as ordered by the court. |
The court shall set the matter for hearing to be held |
within 30 days after the filing of the petition and shall make |
its decision promptly after such hearing. |
(b) An objector or proponent aggrieved by the decision of |
an electoral board regarding a petition filed pursuant to |
Section 18-120 of the Property Tax Code may secure a review of |
such decision by the State Board of Elections. The party |
seeking such review must file a petition therefor with the |
State Board of Elections within 10 days after the decision of |
the electoral board. Any such objector or proponent may apply |
for and obtain judicial review of a decision of the State Board |
of Elections entered under this amendatory Act of 1985, in |
accordance with the provisions of the Administrative Review |
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Law, as amended. |
(Source: P.A. 96-1008, eff. 7-6-10.)
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(10 ILCS 5/13-6.1) (from Ch. 46, par. 13-6.1) |
Sec. 13-6.1. Each judge of election shall be identified as |
such by a suitable badge or label authorized and issued by the |
county clerk that: (1) clearly states it is authorized by the |
county clerk; (2) identifies the individual as an election |
judge; and (3) contains a unique identifier that consists of |
the precinct number and assigns the judge of election a single |
letter. In accordance with this Section, the badge shall |
follow the form of "Precinct number, Judge letter" and bearing |
the date of the election for which issued. On such badge, the |
judge shall print his or her name and the ward, township or |
road district and precinct number in which he or she is |
serving. |
(Source: P.A. 84-971.)
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(10 ILCS 5/14-5.1) (from Ch. 46, par. 14-5.1) |
Sec. 14-5.1. Each judge of election shall be identified as |
such by a suitable badge or label authorized and issued by the |
board of election commissioners that: (1) clearly states it is |
authorized by the board of election commissioners; (2) |
identifies the individual as an election judge; and (3) |
contains a unique identifier that consists of the precinct |
number and assigns the judge of election a single letter. In |
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accordance with this Section, the badge shall follow the form |
of "Precinct number, Judge letter" and bearing the date of the |
election for which issued. On such badge, the judge shall |
print his or her name and the ward or township and precinct |
number in which he or she is serving. |
(Source: P.A. 84-971.)
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(10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2) |
Sec. 19-12.2. Voting by physically incapacitated electors |
who have made proper application to the election authority not |
later than 5 days before the regular primary and general |
election of 1980 and before each election thereafter shall be |
conducted either through the vote by mail procedures as |
detailed in this Article or on the premises of (i) federally |
operated veterans' homes, hospitals, and facilities located in |
Illinois or (ii) facilities licensed or certified pursuant to |
the Nursing Home Care Act, the Specialized Mental Health |
Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
the MC/DD Act for the sole benefit of residents of such homes, |
hospitals, and facilities. For the purposes of this Section, |
"federally operated veterans' home, hospital, or facility" |
means the long-term care facilities at the Jesse Brown VA |
Medical Center, Illiana Health Care System, Edward Hines, Jr. |
VA Hospital, Marion VA Medical Center, and Captain James A. |
Lovell Federal Health Care Center. Such voting shall be |
conducted during any continuous period sufficient to allow all |
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applicants to cast their ballots between the hours of 9 a.m. |
and 7 p.m. either on the Friday, Saturday, Sunday or Monday |
immediately preceding the regular election. This vote by mail |
voting on one of said days designated by the election |
authority shall be supervised by two election judges who must |
be selected by the election authority in the following order |
of priority: (1) from the panel of judges appointed for the |
precinct in which such home, hospital, or facility is located, |
or from a panel of judges appointed for any other precinct |
within the jurisdiction of the election authority in the same |
ward or township, as the case may be, in which the home, |
hospital, or facility is located or, only in the case where a |
judge or judges from the precinct, township or ward are |
unavailable to serve, (3) from a panel of judges appointed for |
any other precinct within the jurisdiction of the election |
authority. The two judges shall be from different political |
parties. Not less than 30 days before each regular election, |
the election authority shall have arranged with the chief |
administrative officer of each home, hospital, or facility in |
his or its election jurisdiction a mutually convenient time |
period on the Friday, Saturday, Sunday or Monday immediately |
preceding the election for such voting on the premises of the |
home, hospital, or facility and shall post in a prominent |
place in his or its office a notice of the agreed day and time |
period for conducting such voting at each home, hospital, or |
facility; provided that the election authority shall not later |
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than noon on the Thursday before the election also post the |
names and addresses of those homes, hospitals, and facilities |
from which no applications were received and in which no |
supervised vote by mail voting will be conducted. All |
provisions of this Code applicable to pollwatchers shall be |
applicable herein. To the maximum extent feasible, voting |
booths or screens shall be provided to insure the privacy of |
the voter. Voting procedures shall be as described in Article |
17 of this Code, except that ballots shall be treated as vote |
by mail ballots and shall not be counted until the close of the |
polls on the following day. After the last voter has concluded |
voting, the judges shall seal the ballots in an envelope and |
affix their signatures across the flap of the envelope. |
Immediately thereafter, the judges shall bring the sealed |
envelope to the office of the election authority who shall |
deliver such ballots to the election authority's central |
ballot counting location prior to the closing of the polls on |
the day of election. The judges of election shall also report |
to the election authority the name of any applicant in the |
home, hospital, or facility who, due to unforeseen |
circumstance or condition or because of a religious holiday, |
was unable to vote. In this event, the election authority may |
appoint a qualified person from his or its staff to deliver the |
ballot to such applicant on the day of election. This staff |
person shall follow the same procedures prescribed for judges |
conducting vote by mail voting in such homes, hospitals, or |
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facilities and shall return the ballot to the central ballot |
counting location before the polls close. However, if the |
home, hospital, or facility from which the application was |
made is also used as a regular precinct polling place for that |
voter, voting procedures heretofore prescribed may be |
implemented by 2 of the election judges of opposite party |
affiliation assigned to that polling place during the hours of |
voting on the day of the election. Judges of election shall be |
compensated not less than $25.00 for conducting vote by mail |
voting in such homes, hospitals, or facilities. |
Not less than 120 days before each regular election, the |
Department of Public Health shall certify to the State Board |
of Elections a list of the facilities licensed or certified |
pursuant to the Nursing Home Care Act, the Specialized Mental |
Health Rehabilitation Act of 2013, the ID/DD Community Care |
Act, or the MC/DD Act. The lists shall indicate the approved |
bed capacity and the name of the chief administrative officer |
of each such home, hospital, or facility, and the State Board |
of Elections shall certify the same to the appropriate |
election authority within 20 days thereafter. |
(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15; |
99-180, eff. 7-29-15.)
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(10 ILCS 5/19A-21) |
Sec. 19A-21. Use of local public buildings for early |
voting polling places. Upon request by an election authority, |
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a unit of local government (as defined in Section 1 of Article |
VII of the Illinois Constitution, which does not include |
school districts) shall make the unit's public buildings |
within the election authority's jurisdiction available as |
permanent or temporary early voting polling places without |
charge. Availability of a building shall include reasonably |
necessary time before and after the period early voting is |
conducted at that building. However, if upon receiving the |
election authority's request, a park district organized under |
the Park District Code demonstrates to the election authority |
that the use of a specific room as an early voting polling |
place would interfere with scheduled programming, the election |
authority and the park district shall work cooperatively to |
find an alternative room at the same location to serve as an |
early voting polling place. If the park district and the |
election authority are unable to identify a mutually agreeable |
alternative location at the park district, the park district |
and election authority shall prepare documentation explaining |
the difficulties for their respective entities to the Board of |
County Commissioners who shall determine which room shall be |
used as an early voting polling place as soon as practicable to |
avoid delays in determining an early voting polling place. |
A unit of local government making its public building |
available as a permanent or temporary early voting polling |
place shall ensure that any portion of the building made |
available is accessible to voters with disabilities and |
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elderly voters. |
(Source: P.A. 99-143, eff. 7-27-15.)
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(10 ILCS 5/25-3) (from Ch. 46, par. 25-3) |
Sec. 25-3. (a) Whenever it is alleged that a vacancy in any |
office exists, the officer, body, or county board who has |
authority to fill the vacancy by appointment, or to order an |
election to fill such vacancy, shall have power to determine |
whether or not the facts occasioning such vacancy exist. |
(b) On or before the 141st 100th day previous to the day of |
election for which judicial candidates are to be nominated: |
(1) The Chief Justice of the Supreme Court shall |
certify to the State Board of Elections the names of all |
judges who have died, resigned, retired or forfeited their |
office since the last general election and whose vacancies |
will be filled at the next general election. |
(2) The secretary of the Illinois Courts Commission |
shall certify to the State Board of Elections the names of |
judges who have been removed from office and whose |
vacancies will be filled at the next general election. |
(3) The Secretary of State shall certify to the State |
Board of Elections the names of judges who were eligible |
to stand for retention at the next general election, but |
failed to file a declaration of candidacy to succeed |
themselves in office or, having timely filed such a |
declaration, withdrew it. |
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(4) The State Board of Elections shall determine |
whether the General Assembly has created new judgeships |
which are to be filled at the next general election. |
If one of the events described in subsection (a) of |
Section 2A-9 of this Code occurs between the 141st 100th day |
and the 134th 92nd day previous to the day of election for |
which judicial candidates are to be nominated, the appropriate |
aforementioned officer shall promptly certify the vacancy to |
the State Board of Elections. |
(c) Except with regard to new judgeships which have been |
created by the General Assembly, the State Board of Elections |
may rely upon the certifications from the Supreme Court, the |
Illinois Courts Commission and the Secretary of State to |
determine (1) when vacancies in judicial office exist and (2) |
the judicial positions for which elections are to be held. |
(Source: P.A. 86-1348.)
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(10 ILCS 5/28-8) (from Ch. 46, par. 28-8) |
Sec. 28-8. If a referendum held in accordance with Section |
28-7 of this Act involved the question of whether a unit of |
local government shall become a home rule unit or shall |
continue cease to be a home rule unit and if that referendum |
passed, then the clerk of that unit of local government shall, |
within 45 days after the referendum, file with the Secretary |
of State a certified statement showing the results of the |
referendum and the resulting status of the unit of local |
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government as a home rule unit or a non-home rule unit. The |
Secretary of State shall maintain such certified statements in |
his office as a public record. |
The question of whether a unit of local government shall |
become a home rule unit shall be submitted in substantially |
the following form: |
Shall (name of the unit of local government) become a home |
rule unit? |
Votes must be recorded as "yes" or "no". |
The question of whether a unit of local government shall |
continue cease to be a home rule unit shall be submitted in |
substantially the following form: |
Shall (name of the unit of local government) continue |
cease to be a home rule unit? |
Votes must be recorded as "yes" or "no". |
(Source: P.A. 98-115, eff. 7-29-13.)
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(10 ILCS 5/29B-10) (from Ch. 46, par. 29B-10; formerly Ch. |
46, par. 1103) |
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 |
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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 |
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 |
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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 chair of a political |
committee in support of or opposition to a question of public |
policy, hereby voluntarily endorse, subscribe to, and solemnly |
pledge myself to conduct my campaign in accordance with the |
above principles and practices.
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.............. ...............................
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Date Signature |
(Source: P.A. 100-1027, eff. 1-1-19.)
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(10 ILCS 5/29B-15) (from Ch. 46, par. 29B-15; formerly Ch. |
46, par. 1104) |
Sec. 29B-15. Responsibility of State Board of Elections |
for printing and supplying of forms. The State Board of |
Elections shall print, or cause to be printed, copies of the |
Code of Fair Campaign Practices. The State Board of Elections |
shall supply the forms to the county clerks in quantities and |
at times requested by the clerks. |
(Source: P.A. 86-873; 87-1052.)
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(10 ILCS 5/29B-20) (from Ch. 46, par. 29B-20; formerly Ch. |
46, par. 1105) |
Sec. 29B-20. Acceptance of completed forms; retentions for |
public inspection. The State Board of Elections and the county |
clerks shall accept, at all times prior to an election, all |
completed copies of the Code of Fair Campaign Practices that |
are properly subscribed to by a candidate or the chair of a |
political committee in support of or opposition to a question |
of public policy, and shall retain them for public inspection |
until 30 days after the election. |
(Source: P.A. 100-1027, eff. 1-1-19.)
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(10 ILCS 5/9-45 rep.) |
Section 10-10. The Election Code is amended by repealing |
Section 9-45.
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Section 10-15. The Illinois Procurement Code is amended by |
changing Section 50-37 as follows:
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(30 ILCS 500/50-37) |
Sec. 50-37. Prohibition of political contributions. |
(a) As used in this Section: |
The terms "contract", "State contract", and "contract |
with a State agency" each mean any contract, as defined in |
this Code, between a business entity and a State agency |
let or awarded pursuant to this Code. The terms |
"contract", "State contract", and "contract with a State |
agency" do not include cost reimbursement contracts; |
purchase of care agreements as defined in Section 1-15.68 |
of this Code; contracts for projects eligible for full or |
partial federal-aid funding reimbursements authorized by |
the Federal Highway Administration; grants, including but |
are not limited to grants for job training or |
transportation; and grants, loans, or tax credit |
agreements for economic development purposes. |
"Contribution" means a contribution as defined in |
Section 9-1.4 of the Election Code. |
"Declared candidate" means a person who has filed a |
statement of candidacy and petition for nomination or |
election in the principal office of the State Board of |
Elections. |
"State agency" means and includes all boards, |
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commissions, agencies, institutions, authorities, and |
bodies politic and corporate of the State, created by or |
in accordance with the Illinois Constitution or State |
statute, of the executive branch of State government and |
does include colleges, universities, public employee |
retirement systems, and institutions under the |
jurisdiction of the governing boards of the University of |
Illinois, Southern Illinois University, Illinois State |
University, Eastern Illinois University, Northern Illinois |
University, Western Illinois University, Chicago State |
University, Governors State University, Northeastern |
Illinois University, and the Illinois Board of Higher |
Education. |
"Officeholder" means the Governor, Lieutenant |
Governor, Attorney General, Secretary of State, |
Comptroller, or Treasurer. The Governor shall be |
considered the officeholder responsible for awarding all |
contracts by all officers and employees of, and potential |
contractors and others doing business with, executive |
branch State agencies under the jurisdiction of the |
Executive Ethics Commission and not within the |
jurisdiction of the Attorney General, the Secretary of |
State, the Comptroller, or the Treasurer. |
"Sponsoring entity" means a sponsoring entity as |
defined in Section 9-3 of the Election Code. |
"Affiliated person" means (i) any person with any |
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ownership interest or distributive share of the bidding or |
contracting business entity in excess of 7.5%, (ii) |
executive employees of the bidding or contracting business |
entity, and (iii) the spouse of any such persons. |
"Affiliated person" does not include a person prohibited |
by federal law from making contributions or expenditures |
in connection with a federal, state, or local election. |
"Affiliated entity" means (i) any corporate parent and |
each operating subsidiary of the bidding or contracting |
business entity, (ii) each operating subsidiary of the |
corporate parent of the bidding or contracting business |
entity, (iii) any organization recognized by the United |
States Internal Revenue Service as a tax-exempt |
organization described in Section 501(c) of the Internal |
Revenue Code of 1986 (or any successor provision of |
federal tax law) established by the bidding or contracting |
business entity, any affiliated entity of that business |
entity, or any affiliated person of that business entity, |
or (iv) any political committee for which the bidding or |
contracting business entity, or any 501(c) organization |
described in item (iii) related to that business entity, |
is the sponsoring entity. "Affiliated entity" does not |
include an entity prohibited by federal law from making |
contributions or expenditures in connection with a |
federal, state, or local election. |
"Business entity" means any entity doing business for |
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profit, whether organized as a corporation, partnership, |
sole proprietorship, limited liability company or |
partnership, or otherwise. |
"Executive employee" means (i) the President, |
Chairman, or Chief Executive Officer of a business entity |
and any other individual that fulfills equivalent duties |
as the President, Chairman of the Board, or Chief |
Executive Officer of a business entity; and (ii) any |
employee of a business entity whose compensation is |
determined directly, in whole or in part, by the award or |
payment of contracts by a State agency to the entity |
employing the employee. A regular salary that is paid |
irrespective of the award or payment of a contract with a |
State agency shall not constitute "compensation" under |
item (ii) of this definition. "Executive employee" does |
not include any person prohibited by federal law from |
making contributions or expenditures in connection with a |
federal, state, or local election. |
(b) Any business entity whose contracts with State |
agencies, in the aggregate, total more than $50,000, and any |
affiliated entities or affiliated persons of such business |
entity, are prohibited from making any contributions to any |
political committees established to promote the candidacy of |
(i) the officeholder responsible for awarding the contracts or |
(ii) any other declared candidate for that office. This |
prohibition shall be effective for the duration of the term of |
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office of the incumbent officeholder awarding the contracts or |
for a period of 2 years following the expiration or |
termination of the contracts, whichever is longer. |
(c) Any business entity whose aggregate pending bids and |
offers on State contracts total more than $50,000, or whose |
aggregate pending bids and offers on State contracts combined |
with the business entity's aggregate total value of State |
contracts exceed $50,000, and any affiliated entities or |
affiliated persons of such business entity, are prohibited |
from making any contributions to any political committee |
established to promote the candidacy of the officeholder |
responsible for awarding the contract on which the business |
entity has submitted a bid or offer during the period |
beginning on the date the invitation for bids, request for |
proposals, or any other procurement opportunity is issued and |
ending on the day after the date the contract is awarded. |
(c-5) For the purposes of the prohibitions under |
subsections (b) and (c) of this Section, (i) any contribution |
made to a political committee established to promote the |
candidacy of the Governor or a declared candidate for the |
office of Governor shall also be considered as having been |
made to a political committee established to promote the |
candidacy of the Lieutenant Governor, in the case of the |
Governor, or the declared candidate for Lieutenant Governor |
having filed a joint petition, or write-in declaration of |
intent, with the declared candidate for Governor, as |
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applicable, and (ii) any contribution made to a political |
committee established to promote the candidacy of the |
Lieutenant Governor or a declared candidate for the office of |
Lieutenant Governor shall also be considered as having been |
made to a political committee established to promote the |
candidacy of the Governor, in the case of the Lieutenant |
Governor, or the declared candidate for Governor having filed |
a joint petition, or write-in declaration of intent, with the |
declared candidate for Lieutenant Governor, as applicable. |
(d) All contracts between State agencies and a business |
entity that violate subsection (b) or (c) shall be voidable |
under Section 50-60. If a business entity violates subsection |
(b) 3 or more times within a 36-month period, then all |
contracts between State agencies and that business entity |
shall be void, and that business entity shall not bid or |
respond to any invitation to bid or request for proposals from |
any State agency or otherwise enter into any contract with any |
State agency for 3 years from the date of the last violation. A |
notice of each violation and the penalty imposed shall be |
published in both the Procurement Bulletin and the Illinois |
Register. |
(e) Any political committee that has received a |
contribution in violation of subsection (b) or (c) shall pay |
an amount equal to the value of the contribution to the State |
no more than 30 calendar days after notice of the violation |
concerning the contribution appears in the Illinois Register. |
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Payments received by the State pursuant to this subsection |
shall be deposited into the general revenue fund. |
(Source: P.A. 103-570, eff. 1-1-24.)
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Section 10-20. The Township Code is amended by changing |
Sections 45-55 and 70-45 as follows:
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(60 ILCS 1/45-55) |
Sec. 45-55. Nomination by primary election. In (i) |
counties having a population of more than 3,000,000, the |
township central committee of a political party composed of |
the elected township committeeman and his or her appointed |
precinct committeemen and (ii) townships with a population of |
more than 15,000 in counties with a population of 3,000,000 or |
less, the township central committee of a political party |
composed of the precinct committeemen may, with respect to any |
regular township election, determine that its candidates for |
township offices shall be nominated by primary in accordance |
with the general election law, rather than in the manner |
provided in Sections 45-5 through 45-45. If the township |
central committee makes that determination, it must file a |
statement of the determination with the county clerk no later |
than August 15 November 15 preceding the township election. If |
the township or any part of the township is within the |
jurisdiction of a board of election commissioners, the |
township central committee shall promptly notify the board of |
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election commissioners of the determination. Upon the filing |
of the determination by the township central committee of a |
political party, the provisions of the general election law |
shall govern the nomination of candidates of that political |
party for township offices for the election with respect to |
which the determination was made. |
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/70-45) |
Sec. 70-45. Supervisors in Cook County. The supervisors of |
townships in Cook County shall perform the same duties as |
supervisors of townships in other counties under township |
organization, except that they shall not be members of the |
county board or exercise any of the powers of county board |
members. They shall have the same compensation for their |
services prescribed by law for similar services rendered by |
other township supervisors. |
Township supervisors may serve as members of the Cook |
County Townships Public Aid Committee. The supervisors shall |
not receive additional compensation for duties associated with |
the Cook County Townships Public Aid Committee but shall be |
reimbursed for actual and necessary expenses related to |
service on the Committee. |
The compensation for a supervisor of a township in Cook |
County may not be increased during the term of office for which |
the supervisor is elected or appointed. An ordinance |
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establishing compensation, including an increase or decrease |
in a supervisor's compensation, shall apply uniformly to the |
supervisors whose terms start after enactment of the |
compensation ordinance. A township is prohibited from |
decreasing the salary for a person elected as supervisor of a |
township while maintaining the salary of an incumbent. An |
ordinance that violates this paragraph is null and void. |
(Source: P.A. 90-210, eff. 7-25-97.)
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Section 10-25. The Downstate Forest Preserve District Act |
is amended by changing Sections 3c and 3c-1 and by adding |
Section 3c-2 as follows:
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(70 ILCS 805/3c) |
Sec. 3c. Elected board of commissioners in certain |
counties. If the boundaries of a district are co-extensive |
with the boundaries of a county having a population of more |
than 800,000 but less than 3,000,000, all commissioners of the |
forest preserve district shall be elected from the number of |
districts as determined by the forest preserve district board |
of commissioners. Such a forest preserve district is a |
separate and distinct legal entity, and its board members are |
elected separate and apart from the elected county |
commissioners. Upon its formation, or as a result of decennial |
reapportionment, such a forest preserve district shall adopt a |
district map determining the boundary lines of each district. |
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That map shall be adjusted and reapportioned subject to the |
same decennial reapportionment process stated in Section 3c-1. |
No more than one commissioner shall be elected from each |
district. At their first meeting after election in 2022 and at |
their first meeting after election next following each |
subsequent decennial reapportionment of the county under |
Section 3c-1, the elected commissioners shall publicly, by |
lot, divide themselves into 2 groups, as equal in size as |
possible. Commissioners from the first group shall serve for |
terms of 2, 4, and 4 years, and commissioners from the second |
group shall serve terms of 4, 4, and 2 years. The president of |
the board of commissioners of the forest preserve district |
shall be elected by the voters of the county, rather than by |
the commissioners. The president shall be a resident of the |
county and shall be elected throughout the county for a 4-year |
term without having been first elected as commissioner of the |
forest preserve district. Each commissioner shall be a |
resident of the forest preserve board district from which he |
or she was elected not later than the date of the commencement |
of the term of office. The term of office for the president and |
commissioners elected under this Section shall commence on the |
first Monday of the month following the month of election. |
Neither a commissioner nor the president of the board of |
commissioners of that forest preserve district shall serve |
simultaneously as member or chairman of the county board. No |
person shall seek election to both the forest preserve |
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commission and the county board at the same election, nor |
shall they be eligible to hold both offices at the same time. |
The president, with the advice and consent of the board of |
commissioners shall appoint a secretary, treasurer, and such |
other officers as deemed necessary by the board of |
commissioners, which officers need not be members of the board |
of commissioners. The president shall have the powers and |
duties as specified in Section 12 of this Act. |
Candidates for president and commissioner shall be |
candidates of established political parties. |
If a vacancy in the office of president or commissioner |
occurs, other than by expiration of the president's or |
commissioner's term, the forest preserve district board of |
commissioners shall declare that a vacancy exists and |
notification of the vacancy shall be given to the county |
central committee of each established political party within 3 |
business days after the occurrence of the vacancy. If the |
vacancy occurs in the office of forest preserve district |
commissioner, the president of the board of commissioners |
shall, within 60 days after the date of the vacancy, with the |
advice and consent of other commissioners then serving, |
appoint a person to serve for the remainder of the unexpired |
term. The appointee shall be affiliated with the same |
political party as the commissioner in whose office the |
vacancy occurred and be a resident of such district. If a |
vacancy in the office of president occurs, other than by |
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expiration of the president's term, the remaining members of |
the board of commissioners shall, within 60 days after the |
vacancy, appoint one of the commissioners to serve as |
president for the remainder of the unexpired term. In that |
case, the office of the commissioner who is appointed to serve |
as president shall be deemed vacant and shall be filled within |
60 days by appointment of the president with the advice and |
consent of the other forest preserve district commissioners. |
The commissioner who is appointed to fill a vacancy in the |
office of president shall be affiliated with the same |
political party as the person who occupied the office of |
president prior to the vacancy. A person appointed to fill a |
vacancy in the office of president or commissioner shall |
establish his or her party affiliation by his or her record of |
voting in primary elections or by holding or having held an |
office in an established political party organization before |
the appointment. If the appointee has not voted in a party |
primary election or is not holding or has not held an office in |
an established political party organization before the |
appointment, the appointee shall establish his or her |
political party affiliation by his or her record of |
participating in an established political party's nomination |
or election caucus. If, however, more than 28 months remain in |
the unexpired term of a commissioner or the president, the |
appointment shall be until the next general election, at which |
time the vacated office of commissioner or president shall be |
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filled by election for the remainder of the term. |
Notwithstanding any law to the contrary, if a vacancy occurs |
after the last day provided in Section 7-12 of the Election |
Code for filing nomination papers for the office of president |
of a forest preserve district where that office is elected as |
provided for in this Section, or as set forth in Section 7-61 |
of the Election Code, a vacancy in nomination shall be filled |
by the passage of a resolution by the nominating committee of |
the affected political party within the time periods specified |
in the Election Code. The nominating committee shall consist |
of the chairman of the county central committee and the |
township chairmen of the affected political party. All other |
vacancies in nomination shall be filled in accordance with the |
provisions of the Election Code. |
The president and commissioners elected under this Section |
may be reimbursed for their reasonable expenses actually |
incurred in performing their official duties under this Act in |
accordance with the provisions of Section 3a. The |
reimbursement paid under this Section shall be paid by the |
forest preserve district. |
Compensation for the president and the forest preserve |
commissioners elected under this Section shall be established |
by the board of commissioners of the forest preserve district. |
This Section does not apply to a forest preserve district |
created under Section 18.5 of the Conservation District Act. |
(Source: P.A. 102-668, eff. 11-15-21.)
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(70 ILCS 805/3c-1) |
Sec. 3c-1. Reapportionment plan for forest preserve |
districts under Section 3c. |
(a) Beginning in 2021, the The Downstate Forest Preserve |
District board of commissioners shall develop an apportionment |
plan and specify the number of districts. Each district shall |
have one commissioner. Each such district: |
(1) shall be substantially equal in population to each |
other district; and |
(2) shall be comprised of contiguous territory, as |
nearly compact as practicable; and |
(3) shall be created in such a manner so that no |
precinct shall be divided between 2 or more districts, |
insofar as is practicable. |
(b) The president of the board of commissioners of a |
Downstate Forest Preserve District may develop a reappointment |
plan and that plan, as presented or as amended, shall be |
presented to the board by the third Wednesday in May in the |
year after a federal decennial census year for approval in |
accordance with the provisions of subsection (a) of this |
Section. If the president presents a plan to the board by the |
third Wednesday in May, the board shall conduct at least one |
public hearing to receive comments and to discuss the |
apportionment plan. That hearing shall be held at least 6 days |
but not more than 21 days before the board may consider |
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adopting the plan, and the public shall be given notice by |
publication in a newspaper of general circulation in the |
district of the hearing at least 6 days in advance of the |
hearing. The president of the board of commissioners shall |
have access to the federal decennial census available to the |
board. |
(c) For the reapportionment in calendar year 2021, the |
president of the board of commissioners may develop and |
present (or redevelop and represent) to the board by the third |
Wednesday in November of 2021 an apportionment plan. If a plan |
is presented, the board shall conduct at least one hearing on |
the proposed plan before it may be adopted. That hearing shall |
be held at least 6 days but not more than 21 days before the |
board may consider adopting the plan, and the public shall be |
given notice by publication in a newspaper of general |
circulation in the district of the hearing at least 6 days in |
advance of the hearing. |
(d) After each decennial census, the Downstate Forest |
Preserve District board is not obligated to reapportion the |
districts if existing districts are within a 10% population |
deviation from each other based on the results of the |
decennial census. |
(e) As used in this Section, "Downstate Forest Preserve |
District" means a district described in Section 3c. |
(Source: P.A. 102-668, eff. 11-15-21.)
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|
(70 ILCS 805/3c-2 new) |
Sec. 3c-2. Continuous effect of provisions; validation. |
The General Assembly declares that the changes made to |
Sections 3c and 3c-1 by this amendatory Act of the 103rd |
General Assembly shall be deemed to have been in continuous |
effect since November 15, 2021 (the effective date of Public |
Act 102-688) and shall continue to be in effect until they are |
lawfully repealed. All actions that were taken on or after |
2021 and before the effective date of this amendatory Act of |
the 103rd General Assembly by a downstate forest preserve |
district or any other person and that are consistent with or in |
reliance on the changes made to Sections 3c and 3c-1 by this |
amendatory Act of the 103rd General Assembly are hereby |
validated.
|
Section 10-27. 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. |
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 |
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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 141 113 nor less |
than 134 106 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 141 113 nor less than 134 106 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 |
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 |
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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 |
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 |
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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. 98-115, eff. 7-29-13.)
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ARTICLE 99
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