Bill Text: IL SB1582 | 2009-2010 | 96th General Assembly | Engrossed
Bill Title: Amends the Election Code and the State Comptroller Act. Restricts the disclosure of the residence address and telephone number of judges and candidates for judge. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2009-05-08 - Rule 19(a) / Re-referred to Rules Committee [SB1582 Detail]
Download: Illinois-2009-SB1582-Engrossed.html
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1 | AN ACT concerning judges.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | ||||||
5 | Sections 7-10, 7-12, 7A-1, and 10-7 as follows:
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6 | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
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7 | Sec. 7-10. Form of petition for nomination. The name of no | ||||||
8 | candidate for
nomination, or State central committeeman, or | ||||||
9 | township committeeman, or
precinct committeeman, or ward | ||||||
10 | committeeman or candidate for delegate or
alternate delegate to | ||||||
11 | national nominating conventions, shall be printed
upon the | ||||||
12 | primary ballot unless a petition for nomination has been filed | ||||||
13 | in
his behalf as provided in this Article in substantially the | ||||||
14 | following form:
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15 | We, the undersigned, members of and affiliated with the | ||||||
16 | .... party
and qualified primary electors of the .... party, in | ||||||
17 | the .... of ....,
in the county of .... and State of Illinois, | ||||||
18 | do hereby petition that
the following named person or persons | ||||||
19 | shall be a candidate or candidates
of the .... party for the | ||||||
20 | nomination for (or in case of committeemen for
election to) the | ||||||
21 | office or offices hereinafter specified, to be voted
for at the | ||||||
22 | primary election to be held on (insert date).
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3 | Name.................. Address.......................
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4 | State of Illinois)
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5 | ) ss.
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6 | County of........)
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7 | I, ...., do hereby certify
that I reside at No. .... | |||||||||||
8 | street, in the .... of ...., county of ....,
and State of | |||||||||||
9 | ....., that I am 18 years of age or older, that
I am a citizen | |||||||||||
10 | of the United States, and that the signatures on this sheet
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11 | were signed
in my presence, and are genuine, and that to the | |||||||||||
12 | best of my knowledge
and belief the persons so signing were at | |||||||||||
13 | the time of signing the
petitions qualified voters of the .... | |||||||||||
14 | party, and that their respective
residences are correctly | |||||||||||
15 | stated, as above set forth.
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16 | .........................
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17 | Subscribed and sworn to before me on (insert date).
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18 | .........................
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19 | Each sheet of the petition other than the statement of | |||||||||||
20 | candidacy and
candidate's statement shall be of uniform size | |||||||||||
21 | and shall contain above
the space for signatures an appropriate | |||||||||||
22 | heading giving the information
as to name of candidate or | |||||||||||
23 | candidates, in whose behalf such petition is
signed; the |
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1 | office, the political party represented and place of
residence; | ||||||
2 | and the heading of each sheet shall be the same.
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3 | Such petition shall be signed by qualified primary electors | ||||||
4 | residing
in the political division for which the nomination is | ||||||
5 | sought in their
own proper persons only and opposite the | ||||||
6 | signature of each signer, his
residence address shall be | ||||||
7 | written or printed. The residence address
required to be | ||||||
8 | written or printed opposite each qualified primary elector's
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9 | name shall include the street address or rural route number of | ||||||
10 | the signer,
as the case may be, as well as the signer's county, | ||||||
11 | and city, village or
town, and state.
However the county or | ||||||
12 | city, village or town, and state of residence of
the electors | ||||||
13 | may be printed on the petition forms where all of the
electors | ||||||
14 | signing the petition reside in the same county or city, village
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15 | or town, and state. Standard abbreviations may be used in | ||||||
16 | writing the
residence address, including street number, if any. | ||||||
17 | At the bottom of
each sheet of such petition shall be added a | ||||||
18 | circulator statement signed by
a person 18 years of age or | ||||||
19 | older who is a citizen of the United States,
stating the street | ||||||
20 | address or rural route number, as the case may be, as well
as | ||||||
21 | the county, city, village or town, and state;
and certifying | ||||||
22 | that the signatures on that sheet of the petition were signed | ||||||
23 | in
his or her presence and certifying that the signatures are | ||||||
24 | genuine; and
either (1) indicating the dates on which that | ||||||
25 | sheet was circulated, or (2)
indicating the first and last | ||||||
26 | dates on which the sheet was circulated, or (3)
certifying that |
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1 | none of the signatures on the sheet were signed more than 90
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2 | days preceding the last day for the filing of the petition and | ||||||
3 | certifying that
to the best of his or her knowledge and belief | ||||||
4 | the persons so signing were at
the time of signing the | ||||||
5 | petitions qualified voters of the political party for
which a | ||||||
6 | nomination is sought. Such statement shall be sworn to before | ||||||
7 | some
officer authorized to administer oaths in this State.
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8 | No petition sheet shall be circulated more than 90 days | ||||||
9 | preceding the
last day provided in Section 7-12 for the filing | ||||||
10 | of such petition.
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11 | The person circulating the petition, or the candidate on | ||||||
12 | whose behalf the
petition is circulated, may strike any | ||||||
13 | signature from the petition,
provided that:
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14 | (1) the person striking the signature shall initial the | ||||||
15 | petition at
the place where the signature is struck; and
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16 | (2) the person striking the signature shall sign a | ||||||
17 | certification
listing the page number and line number of | ||||||
18 | each signature struck from
the petition. Such | ||||||
19 | certification shall be filed as a part of the petition.
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20 | Such sheets before being filed shall be neatly fastened | ||||||
21 | together in
book form, by placing the sheets in a pile and | ||||||
22 | fastening them together
at one edge in a secure and suitable | ||||||
23 | manner, and the sheets shall then
be numbered consecutively. | ||||||
24 | The sheets shall not be fastened by pasting
them together end | ||||||
25 | to end, so as to form a continuous strip or roll. All
petition | ||||||
26 | sheets which are filed with the proper local election |
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1 | officials,
election authorities or the State Board of Elections | ||||||
2 | shall be the original
sheets which have been signed by the | ||||||
3 | voters and by the circulator thereof,
and not photocopies or | ||||||
4 | duplicates of such sheets. Each petition must include
as a part | ||||||
5 | thereof, a statement of candidacy for each of the candidates | ||||||
6 | filing,
or in whose behalf the petition is filed. Executive | ||||||
7 | officers and agencies shall not disclose to the public or | ||||||
8 | publish the home residence or telephone number of a candidate | ||||||
9 | for judicial office as defined by Section 7-4 of this Article, | ||||||
10 | as listed in the candidate's statement of candidacy or | ||||||
11 | nominating petitions, except upon receipt of a written request | ||||||
12 | to examine or copy the candidate's nominating papers filed with | ||||||
13 | the State Board of Elections. The State Board of Elections | ||||||
14 | shall promptly send to the candidate a copy of each written | ||||||
15 | request to examine or copy the candidate's nominating papers. | ||||||
16 | This statement shall set out the
address of such candidate, the | ||||||
17 | office for which he is a candidate, shall state
that the | ||||||
18 | candidate is a qualified primary voter of the party to which | ||||||
19 | the
petition relates and is qualified for the office specified | ||||||
20 | (in the case of a
candidate for State's Attorney it shall state | ||||||
21 | that the candidate is at the time
of filing such statement a | ||||||
22 | licensed attorney-at-law of this State), shall state
that he | ||||||
23 | has filed (or will file before the close of the petition filing | ||||||
24 | period)
a statement of economic interests as required by the | ||||||
25 | Illinois Governmental
Ethics Act, shall request that the | ||||||
26 | candidate's name be placed upon the official
ballot, and shall |
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1 | be subscribed and sworn to by such candidate before some
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2 | officer authorized to take acknowledgment of deeds in the State | |||||||||||||||||||||||||||||
3 | and shall be in
substantially the following form:
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4 | Statement of Candidacy
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9 | State of Illinois)
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10 | ) ss.
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11 | County of .......)
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12 | I, ...., being first duly sworn, say that I reside at .... | |||||||||||||||||||||||||||||
13 | Street in the city
(or village) of ...., in the county of ...., | |||||||||||||||||||||||||||||
14 | State of Illinois; that I
am a qualified voter therein and am a | |||||||||||||||||||||||||||||
15 | qualified primary voter of the ....
party; that I am a | |||||||||||||||||||||||||||||
16 | candidate for nomination (for election in the case of
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17 | committeeman and delegates and alternate delegates) to the | |||||||||||||||||||||||||||||
18 | office of ....
to be voted upon at the primary election to be | |||||||||||||||||||||||||||||
19 | held on (insert date); that I am
legally qualified (including
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20 | being the holder of any license that may be an eligibility | |||||||||||||||||||||||||||||
21 | requirement
for the office I seek the nomination for) to hold | |||||||||||||||||||||||||||||
22 | such office and that I
have filed (or I will file before the | |||||||||||||||||||||||||||||
23 | close of the petition filing period)
a statement of economic | |||||||||||||||||||||||||||||
24 | interests as required by the Illinois
Governmental Ethics Act | |||||||||||||||||||||||||||||
25 | and I hereby request that my name be printed
upon the official |
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1 | primary ballot for nomination for (or election to in
the case | ||||||
2 | of committeemen and delegates and alternate delegates) such
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3 | office.
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4 | Signed ......................
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5 | Subscribed and sworn to (or affirmed) before me by ...., | ||||||
6 | who is to me
personally known, on (insert date).
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7 | Signed ....................
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8 | (Official Character)
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9 | (Seal, if officer has one.)
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10 | The petitions, when filed, shall not be withdrawn or added | ||||||
11 | to, and no
signatures shall be revoked except by revocation | ||||||
12 | filed in writing with
the State Board of Elections, election | ||||||
13 | authority or local election
official with whom the petition is | ||||||
14 | required to be filed, and before the
filing of such petition. | ||||||
15 | Whoever forges the name of a signer upon any
petition required | ||||||
16 | by this Article is deemed guilty of a forgery and on
conviction | ||||||
17 | thereof shall be punished accordingly.
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18 | A candidate for the offices listed in this Section must | ||||||
19 | obtain the number
of signatures specified in this Section on | ||||||
20 | his or her petition for nomination.
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21 | (a) Statewide office or delegate to a national nominating | ||||||
22 | convention. If a
candidate seeks to run for statewide office or | ||||||
23 | as a delegate or alternate
delegate to a national nominating | ||||||
24 | convention elected from the State at-large,
then the | ||||||
25 | candidate's petition for nomination must contain at least 5,000 |
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1 | but
not more than 10,000 signatures.
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2 | (b) Congressional office or congressional delegate to a | ||||||
3 | national nominating
convention. If a candidate seeks to run for | ||||||
4 | United States Congress or as a
congressional delegate or | ||||||
5 | alternate congressional delegate to a national
nominating | ||||||
6 | convention elected from a congressional district, then the
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7 | candidate's petition for nomination must contain at least the | ||||||
8 | number of
signatures equal to 0.5% of the qualified primary | ||||||
9 | electors of his or her party
in his or her congressional | ||||||
10 | district. In the first primary election following a
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11 | redistricting of congressional districts, a candidate's | ||||||
12 | petition for nomination
must contain at least 600 signatures of | ||||||
13 | qualified primary electors of the
candidate's political party | ||||||
14 | in his or her congressional district.
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15 | (c) County office. If a candidate seeks to run for any | ||||||
16 | countywide office,
including but not limited to county board | ||||||
17 | chairperson or county board
member, elected on an at-large | ||||||
18 | basis, in a county other than Cook County,
then the candidate's | ||||||
19 | petition for nomination must contain at least the number
of | ||||||
20 | signatures equal to 0.5% of the qualified electors of his or | ||||||
21 | her party who
cast votes at the last preceding general election | ||||||
22 | in his or her county. If a
candidate
seeks to run for county | ||||||
23 | board member elected from a county board district, then
the | ||||||
24 | candidate's petition for nomination must contain at least the | ||||||
25 | number of
signatures equal to 0.5% of the qualified primary | ||||||
26 | electors of his or her party
in the
county board district. In |
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1 | the first primary election following a redistricting
of county | ||||||
2 | board districts or the initial establishment of county board
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3 | districts, a candidate's petition for nomination must contain | ||||||
4 | at least the
number of signatures equal to 0.5% of the | ||||||
5 | qualified electors of his or her
party
in the entire county who | ||||||
6 | cast votes at the last preceding general election
divided by | ||||||
7 | the
total number of county board districts comprising the | ||||||
8 | county board; provided
that
in no event shall the number of | ||||||
9 | signatures be less than 25.
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10 | (d) County office; Cook County only.
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11 | (1) If a candidate seeks to run for countywide office | ||||||
12 | in Cook County,
then the candidate's petition for | ||||||
13 | nomination must contain at least the number
of signatures | ||||||
14 | equal to 0.5% of the qualified electors of his or her party | ||||||
15 | who
cast votes at the last preceding general election in | ||||||
16 | Cook County.
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17 | (2) If a candidate seeks to run for Cook County Board | ||||||
18 | Commissioner,
then the candidate's petition for nomination | ||||||
19 | must contain at least the number
of signatures equal to | ||||||
20 | 0.5% of
the qualified primary electors of his or her party | ||||||
21 | in his or her county board
district. In the first primary | ||||||
22 | election following a redistricting of Cook
County Board of | ||||||
23 | Commissioners districts, a candidate's petition for
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24 | nomination must contain at least the number of signatures | ||||||
25 | equal to 0.5% of
the qualified electors of his or her party | ||||||
26 | in the entire county who cast votes
at the last
preceding |
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1 | general election divided by the total number of county | ||||||
2 | board
districts comprising the county board; provided that | ||||||
3 | in no event shall the
number of signatures be less than 25.
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4 | (3) If a candidate seeks to run for Cook County Board | ||||||
5 | of Review
Commissioner, which is elected from a district | ||||||
6 | pursuant to subsection (c)
of Section 5-5 of the Property | ||||||
7 | Tax Code, then the candidate's petition for
nomination must | ||||||
8 | contain at least the number of signatures equal to 0.5% of
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9 | the total number of registered voters in his or her board | ||||||
10 | of
review district in the last general election at which a | ||||||
11 | commissioner was
regularly scheduled to be elected from | ||||||
12 | that board of review district. In no
event shall the number | ||||||
13 | of signatures required be greater than the requisite
number | ||||||
14 | for a candidate who seeks countywide office in Cook County
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15 | under subsection (d)(1) of this Section. In the first | ||||||
16 | primary election
following a redistricting of Cook County | ||||||
17 | Board of Review districts, a
candidate's petition for | ||||||
18 | nomination must contain at least 4,000 signatures
or at | ||||||
19 | least the number of signatures required for a countywide | ||||||
20 | candidate in
Cook County, whichever is less,
of the | ||||||
21 | qualified electors of his or her party in the district.
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22 | (e) Municipal or township office. If a candidate seeks to | ||||||
23 | run for municipal
or township office, then the candidate's | ||||||
24 | petition for nomination must contain
at least the number of | ||||||
25 | signatures equal to 0.5% of the qualified primary
electors of | ||||||
26 | his or her party in the municipality or township. If a |
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1 | candidate
seeks to run for alderman of a municipality, then the | ||||||
2 | candidate's petition for
nomination must contain at least the | ||||||
3 | number of signatures equal to 0.5% of the
qualified primary | ||||||
4 | electors of his or her party of the ward. In the first
primary | ||||||
5 | election following redistricting of aldermanic wards or | ||||||
6 | trustee
districts of a municipality or the initial | ||||||
7 | establishment of wards or districts,
a candidate's petition for | ||||||
8 | nomination must contain the number of signatures
equal to at | ||||||
9 | least 0.5% of the total number of votes cast for the candidate | ||||||
10 | of
that political party who received the highest number of | ||||||
11 | votes in the entire
municipality at the last regular election | ||||||
12 | at which an officer was regularly
scheduled to be elected from
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13 | the entire municipality, divided by the number of wards or | ||||||
14 | districts. In no
event shall the number of signatures be less | ||||||
15 | than 25.
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16 | (f) State central committeeperson. If a candidate seeks to | ||||||
17 | run for State
central committeeperson, then the candidate's | ||||||
18 | petition for nomination must
contain at least 100 signatures of | ||||||
19 | the primary electors of his or her party of
his or
her | ||||||
20 | congressional district.
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21 | (g) Sanitary district trustee. If a candidate seeks to run | ||||||
22 | for trustee of a
sanitary district in which trustees are not | ||||||
23 | elected from wards, then the
candidate's petition for | ||||||
24 | nomination must contain at least the number of
signatures equal | ||||||
25 | to 0.5% of the primary electors of his or her party from the
| ||||||
26 | sanitary district. If a candidate seeks to run for trustee
of a |
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1 | sanitary district in which trustees are elected from wards, | ||||||
2 | then the
candidate's petition for
nomination must contain at | ||||||
3 | least the number of signatures equal to 0.5% of the
primary | ||||||
4 | electors of his or her party in the ward of that sanitary | ||||||
5 | district. In
the
first primary election following | ||||||
6 | redistricting of sanitary districts elected
from wards, a | ||||||
7 | candidate's petition for nomination must contain at least the
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8 | signatures of 150 qualified primary electors of his or her ward | ||||||
9 | of that
sanitary district.
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10 | (h) Judicial office. If a candidate seeks to run for | ||||||
11 | judicial office in a district, then the candidate's petition | ||||||
12 | for nomination must contain the number of signatures equal to | ||||||
13 | 0.4% of the number of votes cast in that district for the | ||||||
14 | candidate for his or her political party for the office of | ||||||
15 | Governor at the last general election at which a Governor was | ||||||
16 | elected, but in no event less than 500 signatures. If a | ||||||
17 | candidate seeks to run for judicial office in a
circuit or | ||||||
18 | subcircuit, then the candidate's petition for nomination
must | ||||||
19 | contain the number of signatures equal to 0.25% of the number | ||||||
20 | of votes
cast for the judicial candidate of his or her | ||||||
21 | political party who received the
highest number of votes
at the | ||||||
22 | last general election at which a judicial
officer from the same | ||||||
23 | circuit or subcircuit was regularly scheduled
to be elected, | ||||||
24 | but in no event less than 500 signatures.
| ||||||
25 | (i) Precinct, ward, and township committeeperson. If a | ||||||
26 | candidate seeks to
run for precinct committeeperson, then the |
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1 | candidate's petition for nomination
must contain at least 10 | ||||||
2 | signatures of the primary electors of his or her
party for the | ||||||
3 | precinct. If a candidate seeks to run for ward committeeperson,
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4 | then the candidate's petition for nomination must contain no | ||||||
5 | less than the
number of signatures equal to 10% of the primary | ||||||
6 | electors of his or her party
of the ward, but no more than 16% | ||||||
7 | of those same electors; provided that the
maximum number of | ||||||
8 | signatures may be 50 more than the minimum number, whichever
is | ||||||
9 | greater. If a candidate seeks to run for township | ||||||
10 | committeeperson, then the
candidate's petition for nomination | ||||||
11 | must contain no less than the number of
signatures equal to 5% | ||||||
12 | of the primary electors of his or her party of the
township, | ||||||
13 | but no more than 8% of those same electors;
provided that the | ||||||
14 | maximum number of signatures may be 50 more than the
minimum | ||||||
15 | number, whichever is greater.
| ||||||
16 | (j) State's attorney or regional superintendent of schools | ||||||
17 | for multiple
counties. If
a candidate seeks to run for State's | ||||||
18 | attorney or regional Superintendent of
Schools who serves more | ||||||
19 | than one county, then the candidate's petition for
nomination | ||||||
20 | must contain at least the number of signatures equal to 0.5% of | ||||||
21 | the
primary electors of his or her party in the territory | ||||||
22 | comprising the counties.
| ||||||
23 | (k) Any other office. If a candidate seeks any other | ||||||
24 | office, then the
candidate's petition for nomination must | ||||||
25 | contain at least the number of
signatures equal to 0.5% of the | ||||||
26 | registered voters of the political subdivision,
district, or |
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1 | division for which the nomination is made or 25 signatures,
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2 | whichever is greater.
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3 | For purposes of this Section the number of primary electors | ||||||
4 | shall be
determined by taking the total vote cast, in the | ||||||
5 | applicable district, for the
candidate for that political party | ||||||
6 | who received the highest number of votes,
statewide, at the | ||||||
7 | last general election in the State at which electors for
| ||||||
8 | President of the United States were elected. For political | ||||||
9 | subdivisions, the
number of primary electors shall be | ||||||
10 | determined by taking the total vote
cast for the candidate for | ||||||
11 | that political party who received the highest number
of votes | ||||||
12 | in the political subdivision at the last regular election at | ||||||
13 | which an
officer was regularly scheduled to be elected from | ||||||
14 | that subdivision. For wards
or districts of political | ||||||
15 | subdivisions, the number of primary electors shall be
| ||||||
16 | determined by taking the total vote cast for the candidate for | ||||||
17 | that political
party who received the highest number of votes | ||||||
18 | in the ward or district at the
last regular election at which | ||||||
19 | an officer was regularly scheduled to be elected
from that ward | ||||||
20 | or district.
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21 | A "qualified primary elector" of a party may not
sign | ||||||
22 | petitions for or be a candidate in the primary of more than
one | ||||||
23 | party.
| ||||||
24 | The changes made to this Section of this amendatory Act of | ||||||
25 | the 93rd General
Assembly are declarative of existing law, | ||||||
26 | except for item (3) of subsection
(d).
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1 | Petitions of candidates for nomination for offices herein | ||||||
2 | specified,
to be filed with the same officer, may contain the | ||||||
3 | names of 2 or more
candidates of the same political party for | ||||||
4 | the same or different
offices.
| ||||||
5 | (Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07; | ||||||
6 | 95-916, eff. 8-26-08 .)
| ||||||
7 | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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8 | Sec. 7-12.
All petitions for nomination shall be filed by | ||||||
9 | mail or
in person as follows:
| ||||||
10 | (1) Where the nomination is to be made for a State, | ||||||
11 | congressional, or
judicial office, or for any office a | ||||||
12 | nomination for which is made for a
territorial division or | ||||||
13 | district which comprises more than one county or
is partly in | ||||||
14 | one county and partly in another county or counties, then,
| ||||||
15 | except as otherwise provided in this Section, such petition for | ||||||
16 | nomination
shall be filed in the principal office of the State | ||||||
17 | Board of Elections not
more than 99 and not less than 92 days | ||||||
18 | prior to the date of the primary,
but, in the case of petitions | ||||||
19 | for nomination to fill a vacancy by special
election in the | ||||||
20 | office of representative in Congress from this State, such
| ||||||
21 | petition for nomination shall be filed in the principal office | ||||||
22 | of the State
Board of Elections not more than 57 days and not | ||||||
23 | less than 50 days prior to
the date of the primary.
| ||||||
24 | Where a vacancy occurs in the office of Supreme, Appellate | ||||||
25 | or Circuit
Court Judge within the 3-week period preceding the |
| |||||||
| |||||||
1 | 92nd day before a
general primary election, petitions for | ||||||
2 | nomination for the office in which
the vacancy has occurred | ||||||
3 | shall be filed in the principal office of the
State Board of | ||||||
4 | Elections not more than 78 nor less than 71 days prior to
the | ||||||
5 | date of the general primary election.
| ||||||
6 | Where the nomination is to be made for delegates or | ||||||
7 | alternate
delegates to a national nominating convention, then | ||||||
8 | such petition for
nomination shall be filed in the principal | ||||||
9 | office of the State Board of
Elections not more than 99 and not | ||||||
10 | less than 92 days prior to the date of
the primary; provided, | ||||||
11 | however, that if the rules or policies of a national
political | ||||||
12 | party conflict with such requirements for filing petitions for
| ||||||
13 | nomination for delegates or alternate delegates to a national | ||||||
14 | nominating
convention, the chairman of the State central | ||||||
15 | committee of such national
political party shall notify the | ||||||
16 | Board in writing, citing by reference the
rules or policies of | ||||||
17 | the national political party in conflict, and in such
case the | ||||||
18 | Board shall direct such petitions to be filed not more than 69 | ||||||
19 | and
not less than 62 days prior to the date of the primary.
| ||||||
20 | (2) Where the nomination is to be made for a county office | ||||||
21 | or trustee
of a sanitary district then such petition shall be | ||||||
22 | filed in the office
of the county clerk not more than 99 nor | ||||||
23 | less than 92 days prior to the
date of the primary.
| ||||||
24 | (3) Where the nomination is to be made for a municipal or | ||||||
25 | township
office, such petitions for nomination shall be filed | ||||||
26 | in the office of
the local election official, not more than 78 |
| |||||||
| |||||||
1 | nor less than 71 days
prior to the date of the primary; | ||||||
2 | provided, where a municipality's or
township's boundaries are | ||||||
3 | coextensive with or are entirely within the
jurisdiction of a | ||||||
4 | municipal board of election commissioners, the petitions
shall | ||||||
5 | be filed in the office of such board; and provided, that | ||||||
6 | petitions
for the office of multi-township assessor shall be | ||||||
7 | filed with the election
authority.
| ||||||
8 | (4) The petitions of candidates for State central | ||||||
9 | committeeman shall
be filed in the principal office of the | ||||||
10 | State Board of Elections not
more than 99 nor less than 92 days | ||||||
11 | prior to the date of the primary.
| ||||||
12 | (5) Petitions of candidates for precinct, township or ward
| ||||||
13 | committeemen shall be filed in the office of the county clerk | ||||||
14 | not more
than 99 nor less than 92 days prior to the date of the | ||||||
15 | primary.
| ||||||
16 | (6) The State Board of Elections and the various election | ||||||
17 | authorities
and local election officials with whom such | ||||||
18 | petitions for nominations
are filed shall specify the place | ||||||
19 | where filings shall be made and upon
receipt shall endorse | ||||||
20 | thereon the day and hour on which each petition
was filed. All | ||||||
21 | petitions filed by persons waiting in line as of 8:00
a.m. on | ||||||
22 | the first day for filing, or as of the normal opening hour of
| ||||||
23 | the office involved on such day, shall be deemed filed as of | ||||||
24 | 8:00 a.m.
or the normal opening hour, as the case may be. | ||||||
25 | Petitions filed by mail
and received after midnight of the | ||||||
26 | first day for filing and in the first
mail delivery or pickup |
| |||||||
| |||||||
1 | of that day shall be deemed as filed as of 8:00
a.m. of that day | ||||||
2 | or as of the normal opening hour of such day, as the
case may | ||||||
3 | be. All petitions received thereafter shall be deemed as filed
| ||||||
4 | in the order of actual receipt. Where 2 or more petitions are | ||||||
5 | received
simultaneously, the State Board of Elections or the | ||||||
6 | various election
authorities or local election officials with | ||||||
7 | whom such petitions are
filed shall break ties and determine | ||||||
8 | the order of filing, by means of a
lottery or other fair and | ||||||
9 | impartial method of random selection approved
by the State | ||||||
10 | Board of Elections. Such lottery shall be conducted within
9 | ||||||
11 | days following the last day for petition filing and shall be | ||||||
12 | open to the
public. Seven days written notice of the time and | ||||||
13 | place of conducting such
random selection shall be given by the | ||||||
14 | State Board of Elections to the
chairman of the State central | ||||||
15 | committee of each established political
party, and by each | ||||||
16 | election authority or local election official, to the
County | ||||||
17 | Chairman of each established political party, and to each
| ||||||
18 | organization of citizens within the election jurisdiction | ||||||
19 | which was
entitled, under this Article, at the next preceding | ||||||
20 | election, to have
pollwatchers present on the day of election. | ||||||
21 | The State Board of Elections,
election authority or local | ||||||
22 | election official shall post in a conspicuous,
open and public | ||||||
23 | place, at the entrance of the office, notice of the time
and | ||||||
24 | place of such lottery. The State Board of Elections shall adopt | ||||||
25 | rules
and regulations governing the procedures for the conduct | ||||||
26 | of such lottery.
All candidates shall be certified in the order |
| |||||||
| |||||||
1 | in which their petitions
have been filed. Where candidates have | ||||||
2 | filed simultaneously, they shall be
certified in the order | ||||||
3 | determined by lot and prior to candidates who filed
for the | ||||||
4 | same office at a later time.
| ||||||
5 | (7) The State Board of Elections or the appropriate | ||||||
6 | election
authority or local election official with whom such a | ||||||
7 | petition for
nomination is filed shall notify the person for | ||||||
8 | whom a petition for
nomination has been filed of the obligation | ||||||
9 | to file statements of
organization, reports of campaign | ||||||
10 | contributions, and annual reports of
campaign contributions | ||||||
11 | and expenditures under Article 9 of this Act.
Such notice shall | ||||||
12 | be given in the manner prescribed by paragraph (7) of
Section | ||||||
13 | 9-16 of this Code.
| ||||||
14 | (8) Nomination papers filed under this Section are not | ||||||
15 | valid if the
candidate named therein fails to file a statement | ||||||
16 | of economic interests
as required by the Illinois Governmental | ||||||
17 | Ethics Act in relation to his
candidacy with the appropriate | ||||||
18 | officer by the end of the period for the
filing of nomination | ||||||
19 | papers unless he has filed a statement of economic
interests in | ||||||
20 | relation to the same governmental unit with that officer
within | ||||||
21 | a year preceding the date on which such nomination papers were
| ||||||
22 | filed. If the nomination papers of any candidate and the | ||||||
23 | statement of
economic interest of that candidate are not | ||||||
24 | required to be filed with
the same officer, the candidate must | ||||||
25 | file with the officer with whom the
nomination papers are filed | ||||||
26 | a receipt from the officer with whom the
statement of economic |
| |||||||
| |||||||
1 | interests is filed showing the date on which such
statement was | ||||||
2 | filed. Such receipt shall be so filed not later than the
last | ||||||
3 | day on which nomination papers may be filed.
| ||||||
4 | (9) Any person for whom a petition for nomination, or for | ||||||
5 | committeeman or
for delegate or alternate delegate to a | ||||||
6 | national nominating convention has
been filed may cause his | ||||||
7 | name to be withdrawn by request in writing, signed
by him and | ||||||
8 | duly acknowledged before an officer qualified to take
| ||||||
9 | acknowledgments of deeds, and filed in the principal or | ||||||
10 | permanent branch
office of the State Board of Elections or with | ||||||
11 | the appropriate election
authority or local election official, | ||||||
12 | not later than the date of
certification of candidates for the | ||||||
13 | consolidated primary or general primary
ballot. No names so | ||||||
14 | withdrawn shall be certified or printed on the
primary ballot. | ||||||
15 | If petitions for nomination have been filed for the
same person | ||||||
16 | with respect to more than one political party, his name
shall | ||||||
17 | not be certified nor printed on the primary ballot of any | ||||||
18 | party.
If petitions for nomination have been filed for the same | ||||||
19 | person for 2 or
more offices which are incompatible so that the | ||||||
20 | same person could not
serve in more than one of such offices if | ||||||
21 | elected, that person must
withdraw as a candidate for all but | ||||||
22 | one of such offices within the
5 business days following the | ||||||
23 | last day for petition filing. If he fails to
withdraw as a | ||||||
24 | candidate for all but one of such offices within such time
his | ||||||
25 | name shall not be certified, nor printed on the primary ballot, | ||||||
26 | for any
office. For the purpose of the foregoing provisions, an |
| |||||||
| |||||||
1 | office in a
political party is not incompatible with any other | ||||||
2 | office.
| ||||||
3 | (10) (a) Notwithstanding the provisions of any other | ||||||
4 | statute, no primary
shall be held for an established | ||||||
5 | political party in any township,
municipality, or ward | ||||||
6 | thereof, where the nomination of such
party for every | ||||||
7 | office to be voted upon by the electors of such
township, | ||||||
8 | municipality, or ward thereof, is uncontested. Whenever a
| ||||||
9 | political party's nomination of candidates is uncontested | ||||||
10 | as to one or
more, but not all, of the offices to be voted | ||||||
11 | upon by the electors of a
township, municipality, or ward | ||||||
12 | thereof, then a primary shall
be held for that party in | ||||||
13 | such township, municipality, or ward thereof;
provided | ||||||
14 | that the primary ballot shall not include those offices
| ||||||
15 | within such township, municipality, or ward thereof, for | ||||||
16 | which the
nomination is uncontested. For purposes of this | ||||||
17 | Article, the nomination
of an established political party | ||||||
18 | of a candidate for election to an office
shall be deemed to | ||||||
19 | be uncontested where not more than the number of persons
to | ||||||
20 | be nominated have timely filed valid nomination papers | ||||||
21 | seeking the
nomination of such party for election to such | ||||||
22 | office.
| ||||||
23 | (b) Notwithstanding the provisions of any other | ||||||
24 | statute, no primary
election shall be held for an | ||||||
25 | established political party for any special
primary | ||||||
26 | election called for the purpose of filling a vacancy in the |
| |||||||
| |||||||
1 | office
of representative in the United States Congress | ||||||
2 | where the nomination of
such political party for said | ||||||
3 | office is uncontested. For the purposes of
this Article, | ||||||
4 | the nomination of an established political party of a
| ||||||
5 | candidate for election to said office shall be deemed to be | ||||||
6 | uncontested
where not more than the number of persons to be | ||||||
7 | nominated have timely filed
valid nomination papers | ||||||
8 | seeking the nomination of such established party
for | ||||||
9 | election to said office. This subsection (b) shall not | ||||||
10 | apply if such
primary election is conducted on a regularly | ||||||
11 | scheduled election day.
| ||||||
12 | (c) Notwithstanding the provisions in subparagraph (a) | ||||||
13 | and (b) of this
paragraph (10), whenever a person who has | ||||||
14 | not timely filed valid nomination
papers and who intends to | ||||||
15 | become a write-in candidate for a political
party's | ||||||
16 | nomination for any office for which the nomination is | ||||||
17 | uncontested
files a written statement or notice of that | ||||||
18 | intent with the State Board of
Elections or the local | ||||||
19 | election official with whom nomination papers for
such | ||||||
20 | office are filed, a primary ballot shall be prepared and a | ||||||
21 | primary
shall be held for that office. Such statement or | ||||||
22 | notice shall be filed on
or before the date established in | ||||||
23 | this Article for certifying candidates
for the primary | ||||||
24 | ballot. Such statement or notice shall contain (i) the
name | ||||||
25 | and address of the person intending to become a write-in | ||||||
26 | candidate,
(ii) a statement that the person is a qualified |
| |||||||
| |||||||
1 | primary elector of the
political party from whom the | ||||||
2 | nomination is sought, (iii) a statement that
the person | ||||||
3 | intends to become a write-in candidate for the party's
| ||||||
4 | nomination, and (iv) the office the person is seeking as a | ||||||
5 | write-in
candidate. An election authority shall have no | ||||||
6 | duty to conduct a primary
and prepare a primary ballot for | ||||||
7 | any office for which the nomination is
uncontested unless a | ||||||
8 | statement or notice meeting the requirements of this
| ||||||
9 | Section is filed in a timely manner.
| ||||||
10 | (11) If multiple sets of nomination papers are filed for a | ||||||
11 | candidate to
the same office, the State Board of Elections, | ||||||
12 | appropriate election
authority or local election official | ||||||
13 | where the petitions are filed shall
within 2 business days | ||||||
14 | notify the candidate of his or her multiple petition
filings | ||||||
15 | and that the candidate has 3 business days after receipt of the
| ||||||
16 | notice to notify the State Board of Elections, appropriate | ||||||
17 | election
authority or local election official that he or she | ||||||
18 | may cancel prior sets
of petitions. If the candidate notifies | ||||||
19 | the State Board of Elections,
appropriate election authority or | ||||||
20 | local election official, the last set of
petitions filed shall | ||||||
21 | be the only petitions to be considered valid by the
State Board | ||||||
22 | of Elections, election authority or local election official. If
| ||||||
23 | the candidate fails to notify the State Board of Elections, | ||||||
24 | election authority
or local
election official then only the | ||||||
25 | first set of petitions filed shall be valid
and all subsequent | ||||||
26 | petitions shall be void.
|
| |||||||
| |||||||
1 | (12) All nominating petitions shall be available for public | ||||||
2 | inspection
and shall be preserved for a period of not less than | ||||||
3 | 6 months. No listing of candidates may include the residence | ||||||
4 | address of a candidate for judicial office. Following the date | ||||||
5 | of the primary election for which the petition was filed, the | ||||||
6 | State Board of Elections shall remove the address of a judicial | ||||||
7 | candidate from any original petition before its inspection and | ||||||
8 | from any copy of the petition before its receipt by the | ||||||
9 | individual who ordered the copy.
| ||||||
10 | (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; | ||||||
11 | 87-1052.)
| ||||||
12 | (10 ILCS 5/7A-1) (from Ch. 46, par. 7A-1)
| ||||||
13 | Sec. 7A-1.
Any Supreme, Appellate or Circuit Judge who has | ||||||
14 | been elected
to that office and who seeks to be retained in | ||||||
15 | that office under subsection
(d) of Section 12 of Article VI of | ||||||
16 | the Constitution shall file a declaration
of candidacy to | ||||||
17 | succeed himself in the office of the Secretary of State
on or | ||||||
18 | before the first Monday in December before the general election | ||||||
19 | preceding
the expiration of his term of office. Within 3 | ||||||
20 | business days thereafter,
the Secretary of State shall certify | ||||||
21 | to the State Board of Elections the
names of all incumbent | ||||||
22 | judges who were eligible to stand for retention at
the next | ||||||
23 | general election but failed to timely file a declaration of
| ||||||
24 | candidacy to succeed themselves in office or, having timely | ||||||
25 | filed such a
declaration, withdrew it. Executive officers and |
| |||||||
| |||||||
1 | agencies shall not disclose to the public or publish the home | ||||||
2 | residence or telephone number of an incumbent judge, as listed | ||||||
3 | in the judge's declaration of candidacy, except upon receipt of | ||||||
4 | a written request to examine or copy the judge's declaration of | ||||||
5 | candidacy. The State Board of Elections shall promptly send to | ||||||
6 | the incumbent judge a copy of each written request to examine | ||||||
7 | or copy the judge's declaration of candidacy. The State Board | ||||||
8 | of Elections may rely upon the
certification from the Secretary | ||||||
9 | of State (a) to determine when vacancies
in judicial office | ||||||
10 | exist and (b) to determine the judicial positions for
which | ||||||
11 | elections will be held. The Secretary of State, not less
than | ||||||
12 | 63 days before the election, shall certify the Judge's | ||||||
13 | candidacy to
the proper election officials. The names of Judges | ||||||
14 | seeking retention shall
be submitted to the electors, | ||||||
15 | separately and without party designation,
on the sole question | ||||||
16 | whether each Judge shall be retained in office for
another | ||||||
17 | term. The retention elections shall be conducted at general | ||||||
18 | elections
in the appropriate Judicial District, for Supreme and | ||||||
19 | Appellate Judges,
and in the circuit for Circuit Judges. The | ||||||
20 | affirmative vote of three-fifths
of the electors voting on the | ||||||
21 | question shall elect the Judge to the office
for a term | ||||||
22 | commencing on the first Monday in December following his | ||||||
23 | election.
| ||||||
24 | No listing of candidates may include the residence address | ||||||
25 | of a candidate for judicial office. Following the date of the | ||||||
26 | general election for which the declaration of candidacy was |
| |||||||
| |||||||
1 | filed, the State Board of Elections or Secretary of State shall | ||||||
2 | remove the address of a judicial candidate from any original | ||||||
3 | declaration before its inspection and from any copy of the | ||||||
4 | declaration before its receipt by the individual who ordered | ||||||
5 | the copy. | ||||||
6 | (Source: P.A. 86-1348 .)
| ||||||
7 | (10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
| ||||||
8 | Sec. 10-7.
Any person whose name has been presented as a | ||||||
9 | candidate
may cause his name to be withdrawn from any such | ||||||
10 | nomination by his
request in writing, signed by him and duly | ||||||
11 | acknowledged before an
officer qualified to take | ||||||
12 | acknowledgment of deeds, and presented to the
principal office | ||||||
13 | or permanent branch office of the Board, the election
| ||||||
14 | authority, or the local election official, as the case may be, | ||||||
15 | not later
than the date for certification of candidates for the | ||||||
16 | ballot. No name so
withdrawn shall be printed upon the ballots | ||||||
17 | under the party appellation or
title from which the candidate | ||||||
18 | has withdrawn his name. If the name of the
same person has been | ||||||
19 | presented as a candidate for 2 or more offices which
are | ||||||
20 | incompatible so that the same person could not serve in more | ||||||
21 | than one
of such offices if elected, that person must withdraw | ||||||
22 | as a candidate for
all but one of such offices within the 5 | ||||||
23 | business days following the last
day for petition filing. If he | ||||||
24 | fails to withdraw as a candidate for all
but one of such | ||||||
25 | offices within such time, his name shall not be certified,
nor |
| |||||||
| |||||||
1 | printed on the ballot, for any office. However, nothing in this | ||||||
2 | section
shall be construed as precluding a judge who is seeking | ||||||
3 | retention in office
from also being a candidate for another | ||||||
4 | judicial office. Except as
otherwise herein provided, in case | ||||||
5 | the certificate of nomination or
petition as provided for in | ||||||
6 | this Article shall contain or exhibit the name
of any candidate | ||||||
7 | for any office upon more than one of said certificates or
| ||||||
8 | petitions (for the same office), then and in that case the | ||||||
9 | Board or
election authority or local election official, as the | ||||||
10 | case may be, shall
immediately notify said candidate of said | ||||||
11 | fact and that his name appears
unlawfully upon more than one of | ||||||
12 | said certificates or petitions and that
within 3 days from the | ||||||
13 | receipt of said notification, said candidate must
elect as to | ||||||
14 | which of said political party appellations or groups he desires
| ||||||
15 | his name to appear and remain under upon said ballot, and if | ||||||
16 | said candidate
refuses, fails or neglects to make such | ||||||
17 | election, then and in that case the
Board or election authority | ||||||
18 | or local election official, as the case may be,
shall permit | ||||||
19 | the name of said candidate to appear or be printed or placed
| ||||||
20 | upon said ballot only under the political party appellation or | ||||||
21 | group
appearing on the certificate of nomination or petition, | ||||||
22 | as the case may be,
first filed, and shall strike or cause to | ||||||
23 | be stricken the name of said
candidate from all certificates of | ||||||
24 | nomination and petitions
filed after the first such certificate | ||||||
25 | of nomination or petition.
| ||||||
26 | Whenever the name of a candidate for an office is withdrawn |
| |||||||
| |||||||
1 | from a new
political party petition, it shall constitute a | ||||||
2 | vacancy in nomination for
that office which may be filled in | ||||||
3 | accordance with Section 10-11 of this
Article; provided, that | ||||||
4 | if the names of all candidates for all offices on
a new | ||||||
5 | political party petition are withdrawn or such petition is | ||||||
6 | declared
invalid by an electoral board or upon judicial review, | ||||||
7 | no vacancies in
nomination for those offices shall exist and | ||||||
8 | the filing of any notice or
resolution purporting to fill | ||||||
9 | vacancies in nomination shall have no legal effect.
| ||||||
10 | Whenever the name of an independent candidate for an office | ||||||
11 | is withdrawn
or an independent candidate's petition is declared | ||||||
12 | invalid by an electoral
board or upon judicial review, no | ||||||
13 | vacancy in nomination for that office
shall exist and the | ||||||
14 | filing of any notice or resolution purporting to fill
a vacancy | ||||||
15 | in nomination shall have no legal effect.
| ||||||
16 | All certificates of nomination and nomination papers when | ||||||
17 | presented or
filed shall be open, under proper regulation, to | ||||||
18 | public inspection, and the
State Board of Elections and the | ||||||
19 | several election authorities and local
election officials | ||||||
20 | having charge of nomination papers shall preserve the
same in | ||||||
21 | their respective offices not less than 6 months. No listing of | ||||||
22 | candidates may include the residence address of a candidate for | ||||||
23 | judicial office. Following the date of the primary election for | ||||||
24 | which the petition was filed, the State Board of Elections | ||||||
25 | shall remove the address of a judicial candidate from any | ||||||
26 | original petition before its inspection and from any copy of |
| |||||||
| |||||||
1 | the petition before its receipt by the individual who ordered | ||||||
2 | the copy.
| ||||||
3 | (Source: P.A. 86-875.)
| ||||||
4 | Section 10. The State Comptroller Act is amended by | ||||||
5 | changing Section 20 as follows:
| ||||||
6 | (15 ILCS 405/20) (from Ch. 15, par. 220)
| ||||||
7 | Sec. 20. Annual report. The comptroller shall annually, as | ||||||
8 | soon as possible after the close
of the fiscal year but no | ||||||
9 | later than December 31, make out and present
to the Governor, | ||||||
10 | the President of the Senate, the Speaker of the House
of | ||||||
11 | Representatives, the Minority Leader of the Senate, and the | ||||||
12 | Minority
Leader of the House of Representatives a report, | ||||||
13 | showing the amount of
warrants drawn on the treasury, on other | ||||||
14 | funds held by the State
Treasurer and on any public funds held | ||||||
15 | by State agencies, during the
preceding fiscal year, and | ||||||
16 | stating, particularly, on what account they
were drawn, and if | ||||||
17 | drawn on the contingent fund, to whom and for what
they were | ||||||
18 | issued. He shall, also, at the same time, report to the
| ||||||
19 | Governor, the President of the Senate, the Speaker of the House | ||||||
20 | of
Representatives, the Minority Leader of the Senate, and the | ||||||
21 | Minority
Leader of the House of Representatives the amount of | ||||||
22 | money received into
the treasury, into other funds held by the | ||||||
23 | State Treasurer and into any
other funds held by State agencies | ||||||
24 | during the preceding fiscal year, and
stating particularly, the |
| |||||||
| |||||||
1 | source from which the same may be derived, and
also a general | ||||||
2 | account of all the business of his office during the
preceding | ||||||
3 | fiscal year. The report shall also summarize for the previous
| ||||||
4 | fiscal year the information required under Section 19.
| ||||||
5 | Within 60 days after the expiration of each calendar year, | ||||||
6 | the
comptroller shall compile, from records maintained and | ||||||
7 | available in his
office, a list of all persons including those | ||||||
8 | employed in the office of
the comptroller, who have been | ||||||
9 | employed by the State during the past
calendar year and paid | ||||||
10 | from funds in the hands of the State Treasurer.
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11 | The list shall be arranged according to counties and shall | ||||||
12 | state in
alphabetical order the name of each employee, the | ||||||
13 | address in the county
in which he votes, except as specified | ||||||
14 | below, the position and the
total salary paid to him during
the | ||||||
15 | past calendar year. For judges stated in Article VI of the | ||||||
16 | Constitution and persons employed by the Department of
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17 | Corrections, Department of Children and Family Services and the | ||||||
18 | Department
of State Police no address shall be listed. The list | ||||||
19 | so compiled and
arranged shall be kept
on file in the office of | ||||||
20 | the comptroller and be open to inspection by
the public at all | ||||||
21 | times.
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22 | No person who utilizes the names obtained from this list | ||||||
23 | for solicitation
shall represent that such solicitation is | ||||||
24 | authorized by any officer or agency
of the State of Illinois. | ||||||
25 | Violation of this provision is a Business Offense
punishable by | ||||||
26 | a fine not to exceed $3,000.
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1 | (Source: P.A. 86-1003.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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