Bill Text: IL HB5278 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Election Code and the Illinois Municipal Code. Provides that the consolidated election and the consolidated primary shall not be conducted in any precinct where no public question and no contested office appears on the ballot. Provides that in such precincts the consolidated election and consolidated primary ballots shall not list the names of uncontested candidates and that those candidates shall be deemed to have voted for themselves and to be nominated and elected.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-12 - Third Reading - Short Debate - Lost 017-090-002 [HB5278 Detail]

Download: Illinois-2009-HB5278-Engrossed.html

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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing Section
2A-1.2 as follows:
(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
Sec. 2A-1.2. Consolidated Schedule of Elections - Offices
Designated.
(a) At the general election in the appropriate
even-numbered years, the following offices shall be filled or
shall be on the ballot as otherwise required by this Code:
(1) Elector of President and Vice President of the
United States;
(2) United States Senator and United States
Representative;
(3) State Executive Branch elected officers;
(4) State Senator and State Representative;
(5) County elected officers, including State's
Attorney, County Board member, County Commissioners, and
elected President of the County Board or County Chief
Executive;
(6) Circuit Court Clerk;
(7) Regional Superintendent of Schools, except in

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counties or educational service regions in which that
office has been abolished;
(8) Judges of the Supreme, Appellate and Circuit
Courts, on the question of retention, to fill vacancies and
newly created judicial offices;
(9) (Blank);
(10) Trustee of the Metropolitan Sanitary District of
Chicago, and elected Trustee of other Sanitary Districts;
(11) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district requires an annual
election and permits or requires election of candidates of
political parties.
(b) At the general primary election:
(1) in each even-numbered year candidates of political
parties shall be nominated for those offices to be filled
at the general election in that year, except where pursuant
to law nomination of candidates of political parties is
made by caucus.
(2) in the appropriate even-numbered years the
political party offices of State central committeeman,
township committeeman, ward committeeman, and precinct
committeeman shall be filled and delegates and alternate
delegates to the National nominating conventions shall be
elected as may be required pursuant to this Code. In the
even-numbered years in which a Presidential election is to

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be held, candidates in the Presidential preference primary
shall also be on the ballot.
(3) in each even-numbered year, where the municipality
has provided for annual elections to elect municipal
officers pursuant to Section 6(f) or Section 7 of Article
VII of the Constitution, pursuant to the Illinois Municipal
Code or pursuant to the municipal charter, the offices of
such municipal officers shall be filled at an election held
on the date of the general primary election, provided that
the municipal election shall be a nonpartisan election
where required by the Illinois Municipal Code. For partisan
municipal elections in even-numbered years, a primary to
nominate candidates for municipal office to be elected at
the general primary election shall be held on the Tuesday 6
weeks preceding that election.
(4) in each school district which has adopted the
provisions of Article 33 of the School Code, successors to
the members of the board of education whose terms expire in
the year in which the general primary is held shall be
elected.
(c) At the consolidated election in the appropriate
odd-numbered years, the following offices shall be filled:
(1) Municipal officers, provided that in
municipalities in which candidates for alderman or other
municipal office are not permitted by law to be candidates
of political parties, the runoff election where required by

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law, or the nonpartisan election where required by law,
shall be held on the date of the consolidated election; and
provided further, in the case of municipal officers
provided for by an ordinance providing the form of
government of the municipality pursuant to Section 7 of
Article VII of the Constitution, such offices shall be
filled by election or by runoff election as may be provided
by such ordinance;
(2) Village and incorporated town library directors;
(3) City boards of stadium commissioners;
(4) Commissioners of park districts;
(5) Trustees of public library districts;
(6) Special District elected officers, not otherwise
designated in this section, where the statute creating or
authorizing the creation of the district permits or
requires election of candidates of political parties;
(7) Township officers, including township park
commissioners, township library directors, and boards of
managers of community buildings, and Multi-Township
Assessors;
(8) Highway commissioners and road district clerks;
(9) Members of school boards in school districts which
adopt Article 33 of the School Code;
(10) The directors and chairman of the Chain O Lakes -
Fox River Waterway Management Agency;
(11) Forest preserve district commissioners elected

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under Section 3.5 of the Downstate Forest Preserve District
Act;
(12) Elected members of school boards, school
trustees, directors of boards of school directors,
trustees of county boards of school trustees (except in
counties or educational service regions having a
population of 2,000,000 or more inhabitants) and members of
boards of school inspectors, except school boards in school
districts that adopt Article 33 of the School Code;
(13) Members of Community College district boards;
(14) Trustees of Fire Protection Districts;
(15) Commissioners of the Springfield Metropolitan
Exposition and Auditorium Authority;
(16) Elected Trustees of Tuberculosis Sanitarium
Districts;
(17) Elected Officers of special districts not
otherwise designated in this Section for which the law
governing those districts does not permit candidates of
political parties.
(d) At the consolidated primary election in each
odd-numbered year, candidates of political parties shall be
nominated for those offices to be filled at the consolidated
election in that year, except where pursuant to law nomination
of candidates of political parties is made by caucus, and
except those offices listed in paragraphs (12) through (17) of
subsection (c).

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At the consolidated primary election in the appropriate
odd-numbered years, the mayor, clerk, treasurer, and aldermen
shall be elected in municipalities in which candidates for
mayor, clerk, treasurer, or alderman are not permitted by law
to be candidates of political parties, subject to runoff
elections to be held at the consolidated election as may be
required by law, and municipal officers shall be nominated in a
nonpartisan election in municipalities in which pursuant to law
candidates for such office are not permitted to be candidates
of political parties.
At the consolidated primary election in the appropriate
odd-numbered years, municipal officers shall be nominated or
elected, or elected subject to a runoff, as may be provided by
an ordinance providing a form of government of the municipality
pursuant to Section 7 of Article VII of the Constitution.
(e) (Blank).
(f) At any election established in Section 2A-1.1, public
questions may be submitted to voters pursuant to this Code and
any special election otherwise required or authorized by law or
by court order may be conducted pursuant to this Code.
Notwithstanding the regular dates for election of officers
established in this Article, whenever a referendum is held for
the establishment of a political subdivision whose officers are
to be elected, the initial officers shall be elected at the
election at which such referendum is held if otherwise so
provided by law. In such cases, the election of the initial

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officers shall be subject to the referendum.
Notwithstanding the regular dates for election of
officials established in this Article, any community college
district which becomes effective by operation of law pursuant
to Section 6-6.1 of the Public Community College Act, as now or
hereafter amended, shall elect the initial district board
members at the next regularly scheduled election following the
effective date of the new district.
(g) At any election established in Section 2A-1.1, if in
any precinct there are no offices or public questions required
to be on the ballot under this Code then no election shall be
held in the precinct on that date. At any election established
in subsection (b) of Section 2A-1.1, if in any precinct there
are no public questions required to be on the ballot under this
Code and if the offices to be nominated or elected are
uncontested, then no election shall be held in the precinct on
that date. Notwithstanding any other provisions of this Code or
other law of this State to the contrary, the name of any
unopposed candidate in any election established in subsection
(b) of Section 2A-1.1 shall not appear on the ballot at that
election and that unopposed candidate shall be deemed nominated
or elected, as the case may be.
(h) There may be conducted a referendum in accordance with
the provisions of Division 6-4 of the Counties Code.
(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
eff. 8-9-96; 90-358, eff. 1-1-98.)

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Section 10. The Illinois Municipal Code is amended by
changing Sections 3.1-20-45, 3.1-25-20, 3.1-25-40, 4-3-16,
4-3-16.1, and 5-2-13 as follows:
(65 ILCS 5/3.1-20-45)
Sec. 3.1-20-45. Nonpartisan primary elections; uncontested
office. A city incorporated under this Code that elects
municipal officers at nonpartisan primary and general
elections shall conduct the elections as provided in the
Election Code, except that no office for which nomination is
uncontested shall be included on the primary ballot and no
primary shall be held for that office. For the purposes of this
Section, an office is uncontested when not more than 4 persons
to be nominated for each office have timely filed valid
nominating papers seeking nomination for the election to that
office.
For the purposes of preparing a primary ballot and holding
a primary election under this Section, a write-in candidate
shall not be construed as having timely filed valid nominating
papers.
Notwithstanding the preceding paragraph, when a person (i)
who has not timely filed valid nomination papers and (ii) who
intends to become a write-in candidate for nomination for any
office for which nomination is uncontested files a written
statement or notice of that intent with the proper election

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official with whom the nomination papers for that office are
filed, if the write-in candidate becomes the fifth candidate
filed, a primary ballot must be prepared and a primary must be
held for the office. The statement or notice must be filed on
or before the 61st day before the consolidated primary
election. The statement must contain (i) the name and address
of the person intending to become a write-in candidate, (ii) a
statement that the person intends to become a write-in
candidate, and (iii) the office the person is seeking as a
write-in candidate. An election authority has no duty to
conduct a primary election or prepare a primary ballot unless a
statement meeting the requirements of this paragraph is filed
in a timely manner.
(Source: P.A. 95-699, eff. 11-9-07.)
(65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
Sec. 3.1-25-20. Primary election. A village incorporated
under this Code shall nominate and elect candidates for
president and trustees in nonpartisan primary and general
elections as provided in Sections 3.1-25-20 through 3.1-25-55
until the electors of the village vote to require the partisan
election of the president and trustees at a referendum in the
manner provided in Section 3.1-25-65 after January 1, 1992. The
provisions of Sections 3.1-25-20 through 3.1-25-55 shall apply
to all villages incorporated under this Code that have operated
under those Sections without the adoption of those provisions

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by the referendum provided in Section 3.1-25-60 as well as
those villages that have adopted those provisions by the
referendum provided in Section 3.1-25-60 until the electors of
those villages vote to require the partisan election of the
president and trustees in the manner provided in Section
3.1-25-65. Villages that have nominated and elected candidates
for president and trustees in partisan elections prior to
January 1, 1992, may continue to hold partisan elections
without conducting a referendum in the manner provided in
Section 3.1-25-65. All candidates for nomination to be voted
for at all general municipal elections at which a president or
trustees, or both, are to be elected under this Article shall
be nominated from the village at large by a primary election.
Notwithstanding any other provision of law, no primary
shall be held in any village when the nomination for every
office to be voted upon by the electors of the village is
uncontested. If the nomination of candidates is uncontested as
to one or more, but not all, of the offices to be voted upon by
the electors of the village, then a primary must be held in the
village, provided that the primary ballot shall not include
those offices in the village for which the nomination is
uncontested. For the purposes of this Section, an office is
uncontested when not more than the number of persons to be
nominated to the office have timely filed valid nominating
papers seeking nomination for election to that office.
For the purposes of preparing a primary ballot and holding

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a primary election under this Section, a write-in candidate
shall not be construed as having timely filed valid nominating
papers.
Notwithstanding the preceding paragraph, when a person (i)
who has not timely filed valid nomination papers and (ii) who
intends to become a write-in candidate for nomination for any
office for which nomination is uncontested files a written
statement or notice of that intent with the proper election
official with whom the nomination papers for that office are
filed, a primary ballot must be prepared and a primary must be
held for the office. The statement or notice must be filed on
or before the 61st day before the consolidated primary
election. The statement must contain (i) the name and address
of the person intending to become a write-in candidate, (ii) a
statement that the person intends to become a write-in
candidate, and (iii) the office the person is seeking as a
write-in candidate. An election authority has no duty to
conduct a primary election or prepare a primary ballot unless a
statement meeting the requirements of this paragraph is filed
in a timely manner.
Only the names of those persons nominated in the manner
prescribed in Sections 3.1-25-20 through 3.1-25-65 shall be
placed on the ballot at the general municipal election. The
village clerk shall certify the offices to be filled and the
candidates for those offices to the proper election authority
as provided in the general election law. A primary for those

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offices, if required, shall be held in accordance with the
general election law.
(Source: P.A. 91-57, eff. 6-30-99.)
(65 ILCS 5/3.1-25-40) (from Ch. 24, par. 3.1-25-40)
Sec. 3.1-25-40. Ballots.
(a) If the office of president is to be filled, only the
names of the 4 candidates receiving the highest number of votes
for president shall be placed on the ballot for president at
the next succeeding general municipal election. The names of
candidates in a number equal to 4 times the number of trustee
positions to be filled receiving the highest number of votes
for trustee, or the names of all candidates if less than 4
times the number of trustee positions to be filled, shall be
placed on the ballot for that office at the municipal election.
(b) An elector, however, at either a primary election or a
general municipal election held under Sections 3.1-25-20
through 3.1-25-55, may write in the names of the candidates of
that elector's choice in accordance with the general election
law. If, however, the name of only one candidate for a
particular office appeared on the primary ballot, the name of
the person having the largest number of write-in votes shall
not be placed upon the ballot at the general municipal election
unless the number of votes received in the primary election by
that person was at least 10% of the number of votes received by
the candidate for the same office whose name appeared on the

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primary ballot.
(c) If a nominee at a general primary election dies or
withdraws before the general municipal election, there shall be
placed on the ballot the name of the candidate receiving the
next highest number of votes, and so on in case of the death or
withdrawal of more than one nominee.
(d) If in the application of this Section there occurs the
condition provided for in Section 3.1-25-45, there shall be
placed on the ballot the name of the candidate who was not
chosen by lot under that Section where one of 2 tied candidates
had been placed on the ballot before the death or withdrawal
occurred. If, however, in the application of this Section, the
candidate with the next highest number of votes cannot be
determined because of a tie among 2 or more candidates, the
successor nominee whose name shall be placed on the ballot
shall be determined by lot as provided in Section 3.1-25-45.
(Source: P.A. 95-699, eff. 11-9-07.)
(65 ILCS 5/4-3-16) (from Ch. 24, par. 4-3-16)
Sec. 4-3-16. Upon the ballots for the general municipal
election the names of the nominees for mayor shall be placed
first, in substantially the form specified in this section.
Following these names, the names of the nominees for
commissioners shall appear under each office, in substantially
the form specified in this section; provided that if the
municipality has voted, as provided in Section 4-3-19, to

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require candidates for commissioner to run for a specific
office, the names of the candidates for commissioner of public
accounts and finances, commissioner of public health and
safety, commissioner of streets and public improvements, and
commissioner of public property, respectively, shall appear
under the designation of the applicable office, in
substantially the form specified in Section 4-3-16.1. If under
Section 2A-1.1 of the Election Code no general municipal
election (consolidated election) is to be held in any precinct,
then the name of an unopposed candidate shall not appear on any
ballot, and that candidate shall be deemed elected.
The ballots shall be in the form provided by the general
election law, except as herein otherwise provided, but they
shall designate no party, platform, political principle,
appellation, or mark whatever. Nor shall any circle be printed
at the head of the ballots. Except where candidates for
commissioner are required to run for a specific office, the
ballots shall be in substantially the following form:
OFFICIAL BALLOT
NOMINEES FOR MAYOR AND COMMISSIONERS
OF THE CITY (OR VILLAGE) OF....
AT THE GENERAL MUNICIPAL ELECTION.
FOR MAYOR
(VOTE FOR ONE)
( ) JOHN JONES.
( ) JAMES SMITH.

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FOR COMMISSIONERS
(VOTE FOR NOT MORE THAN FOUR)
( ) HARRY BROWN.
( ) ROBERT BUCK.
( ) WILLIAM BURKE.
( ) GEORGE MILLER.
( ) ARTHUR ROBBINS.
( ) EDWARD STUART.
( ) JOSEPH TROUT.
( ) THOMAS WILLIAMS.
(Source: P.A. 95-862, eff. 8-19-08.)
(65 ILCS 5/4-3-16.1) (from Ch. 24, par. 4-3-16.1)
Sec. 4-3-16.1. If the municipality has voted, as provided
in Section 4-3-19, to require candidates for commissioner to
run for a specific office, the ballots for the general
municipal election shall be in substantially the following
form. If under Section 2A-1.1 of the Election Code no general
municipal election (consolidated election) is to be held in any
precinct, then the name of an unopposed candidate shall not
appear on any ballot, and that candidate shall be deemed
elected. :
OFFICIAL BALLOT
NOMINEES FOR MAYOR AND COMMISSIONERS
OF THE CITY (OR VILLAGE) OF ....

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AT THE GENERAL MUNICIPAL ELECTION.
FOR MAYOR
(VOTE FOR ONE)
( ) JOHN JONES.
( ) JAMES SMITH.
FOR COMMISSIONER OF ACCOUNTS
AND FINANCES
(VOTE FOR ONE)
( ) HARRY BROWN.
( ) ROBERT BUCK.
FOR COMMISSIONER OF PUBLIC HEALTH
AND SAFETY
(VOTE FOR ONE)
( ) GEORGE MILLER.
( ) ARTHUR ROBBINS.
FOR COMMISSIONER OF STREETS AND
PUBLIC IMPROVEMENTS
(VOTE FOR ONE)
( ) JOSEPH TROUT.
( ) THOMAS WILLIAMS.
FOR COMMISSIONER OF PUBLIC PROPERTY

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(VOTE FOR ONE)
( ) JAMES J. JEFFRIES.
( ) JAMES SMITH.
(Source: Laws 1965, p. 2677.)
(65 ILCS 5/5-2-13) (from Ch. 24, par. 5-2-13)
Sec. 5-2-13. In addition to the requirements of the general
election law, the ballots for the municipal primary election
provided for in Section 5-2-12 shall be in substantially the
following form. If under Section 2A-1.1 of the Election Code no
municipal primary election (consolidated primary election) is
to be held in any precinct, then the name of an unopposed
candidate shall not appear on any ballot, and that candidate
shall be deemed nominated. :
OFFICIAL PRIMARY BALLOT.
CANDIDATES FOR NOMINATION FOR MAYOR
AND COUNCILMEN OF THE CITY (OR
VILLAGE) OF.... AT THE PRIMARY
ELECTION.
FOR MAYOR
VOTE FOR ONE
( ) JOHN JONES.
( ) JAMES SMITH.
( ) HENRY WHITE.
( ) RALPH WILSON.
( ) FOR COUNCILMEN.

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VOTE FOR NOT MORE THAN....(insert proper number as provided
in Section 5-2-12).
( ) HARRY BROWN.
( ) ROBERT BUCK.
( ) WILLIAM BURKE.
( ) GEORGE MILLER.
( ) ARTHUR ROBBINS.
( ) EDWARD STUART.
( ) JOSEPH TROUT.
( ) THOMAS WILLIAMS.
In addition to the requirements of the general election
law, the general municipal election ballots for the election
provided for in Section 5-2-12 shall be substantially in the
following form:
OFFICIAL BALLOT
NOMINEES FOR MAYOR AND COUNCILMEN OF
THE CITY (OR VILLAGE) OF.... AT
THE GENERAL MUNICIPAL ELECTION.
FOR MAYOR
VOTE FOR ONE
( ) JOHN JONES.
( ) JAMES SMITH.
( ) FOR COUNCILMEN.
VOTE FOR NOT MORE THAN....(insert proper number as provided
in Section 5-2-12).
( ) HARRY BROWN.

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( ) ROBERT BUCK.
( ) WILLIAM BURKE.
( ) GEORGE MILLER.
( ) ARTHUR ROBBINS.
( ) EDWARD STUART.
( ) JOSEPH TROUT.
( ) THOMAS WILLIAMS.
(Source: P.A. 95-862, eff. 8-19-08.)