Bill Text: IL HB4488 | 2023-2024 | 103rd General Assembly | Chaptered


Bill Title: Creates the Uniform Faithful Presidential Electors Act. Concerning electors for the Electoral College, provides for an alternate elector to fill a vacant position (replacing the procedure currently in the Election Code), including if an elector has marked a ballot in violation of his or her pledge. Requires a political party to submit an elector nominee and an alternate elector nominee to the Secretary of State. Requires an elector nominee and an alternate elector nominee to pledge to vote for the President and Vice President nominees of the party that nominated the elector and alternate elector. Makes conforming changes in the Election Code and provides that 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. Amends the Election Code. Provides that, 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. Provides that 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 shall be conducted either through vote by mail procedures or on specified premises (rather than only on specified premises). Provides that the question of whether a unit of local government shall continue to be a home rule unit (rather than shall cease to be a home rule unit) shall be submitted in a form as specified. Replaces some instances of annual or semi-annual reports with quarterly reports. In provisions relating to limitations on campaign contributions, removes provisions inoperative beginning July 1, 2013. Provides that a political committee that receives a contribution from a vendor providing automated traffic systems 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. Removes a reference to the dissolved Task Force on Campaign Finance Reform. Makes changes in provisions concerning limitations on campaign contritions and election judge badges. Removes references to a temporary filing system effective through August 1, 2009. Removes references to specified committees and the county clerk in the Code of Fair Campaign Practices. Repeals provisions relating to contributions by a medical cannabis cultivation center or medical cannabis dispensary organization to any political action committee created by any medical cannabis cultivation center or dispensary organization to make a campaign contribution to any political committee established to promote the candidacy of a candidate or public official. Amends the Illinois Procurement Code. Modifies the definition of "affiliated entity" and removes the definition of "sponsoring entity". Amends the Township Code. Makes changes concerning the date of party caucuses. Provides that 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. Provides that an ordinance 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. Prohibits a township from decreasing the salary for a person elected as supervisor of a township while maintaining the salary of an incumbent. Provides that an ordinance that violates the provisions is null and void. Amends the Downstate Forest Preserve District Act. Restores language concerning how the terms of elected commissioners are to be determined for a forest preserve district having boundaries that are coextensive with the boundaries of a county having a population of more than 800,000 but less than 3,000,000. Specifies that the changes made by the amendatory Act are to be deemed to have been in continuous effect since November 15, 2021 (the effective date of the Public Act that deleted language concerning how the terms of elected commissioners of such a district are to be determined) and are to remain in effect until lawfully repealed. Provides that all actions that were taken on or after 2021 and before the effective date of the amendatory Act by a downstate forest preserve district or any other person and that are consistent with or in reliance on the changes made by the amendatory Act are validated. Amends the Re-Entering Citizens Civics Education Act. Changes the short title of the Act to the Reintegration and Civic Empowerment Act. Provides that the Department of Corrections shall conduct the civics peer education program each of the 3 sessions not less than twice a month at each correctional institution totaling not less than 6 sessions per month at each correctional institution. Provides that the civics peer education program and workshops must be made available to all committed persons regardless of the date they were first committed or the length of their sentence. Amends the Unified Code of Corrections to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2024-07-01 - Effective Date July 1, 2024 [HB4488 Detail]

Download: Illinois-2023-HB4488-Chaptered.html

Public Act 103-0600
HB4488 EnrolledLRB103 34630 SPS 64471 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 5.
Section 5-1. Short title. This Act may be cited as the
Uniform Faithful Presidential Electors Act. As used in this
Article, "this Act" refers to this Article.
Section 5-5. Definitions. As used in this Act:
"Cast" means accepted by the Secretary of State in
accordance with subsection (b) of Section 5-30.
"Elector" means an individual selected as a presidential
elector under Article 21 of the Election Code and this Act.
"President" means the President of the United States.
"Unaffiliated presidential candidate" means a candidate
for President who qualifies for the general election ballot in
this State by means other than nomination by a political
party.
"Vice President" means the Vice President of the United
States.
Section 5-10. Designation of State's electors. For each
elector position in this State, a political party contesting
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.
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
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
Law, as amended.
(Source: P.A. 96-1008, eff. 7-6-10.)
(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.)
(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
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.)
(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
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
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
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.)
(10 ILCS 5/19A-21)
Sec. 19A-21. Use of local public buildings for early
voting polling places. Upon request by an election authority,
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
elderly voters.
(Source: P.A. 99-143, eff. 7-27-15.)
(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.
(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.)
(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
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.)
(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
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
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.
.............. ...............................
Date Signature
(Source: P.A. 100-1027, eff. 1-1-19.)
(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.)
(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.)
(10 ILCS 5/9-45 rep.)
Section 10-10. The Election Code is amended by repealing
Section 9-45.
Section 10-15. The Illinois Procurement Code is amended by
changing Section 50-37 as follows:
(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,
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
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
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
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
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.
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.)
Section 10-20. The Township Code is amended by changing
Sections 45-55 and 70-45 as follows:
(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
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.)
(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
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.)
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:
(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.
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
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
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
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.)
(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
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.)
(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
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
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
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.)
ARTICLE 99
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