Bill Text: IL SB1630 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Illinois Municipal Code. Provides that, when a person who intends to be a write-in candidate for an uncontested nonpartisan office has not timely filed nomination papers but has filed a written statement or notice of his or her intent, no primary ballot shall be printed (rather than requiring a primary ballot to be prepared and a primary election held if the write-in candidate is the fifth candidate filed). Provides that where no primary is held, a person intending to become a write-in candidate shall re-file a declaration of intent to be a write-in candidate for the general election with the appropriate election authority or authorities. Removes language: concerning requirements for the written statement or notice; and providing that an election authority has no duty to conduct a primary and prepare a ballot for an uncontested office, unless the written statement or notice is filed in a timely manner.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB1630 Detail]
Download: Illinois-2021-SB1630-Introduced.html
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1 | AN ACT concerning local government.
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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 Illinois Municipal Code is amended by | |||||||||||||||||||
5 | changing Section 3.1-20-45 as follows:
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6 | (65 ILCS 5/3.1-20-45)
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7 | Sec. 3.1-20-45. Nonpartisan primary elections; uncontested | |||||||||||||||||||
8 | office. A city
incorporated under this Code that elects | |||||||||||||||||||
9 | municipal officers at nonpartisan
primary and
general | |||||||||||||||||||
10 | elections shall conduct the elections as provided in the | |||||||||||||||||||
11 | Election Code,
except that
no office for which nomination is | |||||||||||||||||||
12 | uncontested shall be included on the primary
ballot and
no | |||||||||||||||||||
13 | primary shall be held for that office. For the purposes of this | |||||||||||||||||||
14 | Section, an
office is
uncontested when not more than 4
persons | |||||||||||||||||||
15 | to be nominated for each
office
have timely filed valid | |||||||||||||||||||
16 | nominating papers seeking nomination for the election
to that
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17 | office.
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18 | Notwithstanding any other provision of law the preceding | |||||||||||||||||||
19 | paragraph , when a person (i) who has not timely
filed valid | |||||||||||||||||||
20 | nomination papers and (ii) who intends to become a write-in
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21 | candidate for
nomination for any office for which nomination | |||||||||||||||||||
22 | is uncontested files a written
statement
or notice of that | |||||||||||||||||||
23 | intent with the proper election official with whom the
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1 | nomination papers
for that office are filed, no primary ballot | ||||||
2 | shall be printed. Where no primary is held, a person intending | ||||||
3 | to become a write-in candidate at the general primary election | ||||||
4 | shall re-file a declaration of intent to be a write-in | ||||||
5 | candidate for the general election with the appropriate | ||||||
6 | election authority or authorities if the write-in candidate | ||||||
7 | becomes the fifth candidate filed, a primary ballot must be | ||||||
8 | prepared and a primary must
be held for
the office. The | ||||||
9 | statement or notice must be filed on or before the 61st day
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10 | before the consolidated primary election.
The statement
must
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11 | contain (i) the name and address of the person intending to | ||||||
12 | become a write-in
candidate,
(ii) a statement that the person | ||||||
13 | intends to become a write-in candidate, and
(iii) the office
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14 | the person is seeking as a write-in candidate. An election | ||||||
15 | authority has no
duty to
conduct a primary election or prepare | ||||||
16 | a primary ballot unless a statement
meeting the
requirements | ||||||
17 | of this paragraph is filed in a timely manner . | ||||||
18 | If there is a primary election, then candidates shall be | ||||||
19 | placed on the ballot for the next succeeding general municipal | ||||||
20 | election in the following manner: | ||||||
21 | (1) If one officer is to be elected, then the 2 | ||||||
22 | candidates who receive the highest number of votes shall | ||||||
23 | be placed on the ballot for the next succeeding general | ||||||
24 | municipal election. | ||||||
25 | (2) If 2 aldermen are to be elected at large, then the | ||||||
26 | 4 candidates who receive the highest number of votes shall |
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1 | be placed on the ballot for the next succeeding general | ||||||
2 | municipal election. | ||||||
3 | (3) If 3 aldermen are to be elected at large, then the | ||||||
4 | 6 candidates who receive the highest number of votes shall | ||||||
5 | be placed on the ballot for the next succeeding general | ||||||
6 | municipal election. | ||||||
7 | The name of a write-in candidate may not be placed on the | ||||||
8 | ballot for the next succeeding general municipal election | ||||||
9 | unless he or she receives a number of votes in the primary | ||||||
10 | election that equals or exceeds the number of signatures | ||||||
11 | required on a petition for nomination for that office or that | ||||||
12 | exceeds the number of votes received by at least one of the | ||||||
13 | candidates whose names were printed on the primary ballot for | ||||||
14 | nomination for or election to the same office.
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15 | (Source: P.A. 97-81, eff. 7-5-11.)
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