Bill Text: IL SB1830 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Election Code. Allows an established political party to initiate a recall of one of its nominees if that nominee is (1) found to be a member of or associated with a group, directly or indirectly, with Communist, Fascist, Nazi, or other un-American principles; (2) engaged in activities or propaganda designed to teach subservience to the political principles and ideals of foreign nations or the overthrow by violence of the established constitutional form of government of the United States or the State of Illinois; (3) arrested and charged with murder or another felony; or (4) engaged in hate speech. Provides the process to recall a candidate under the provisions. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1830 Detail]

Download: Illinois-2019-SB1830-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1830 Introduced 2/15/2019, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-2 from Ch. 46, par. 7-2
10 ILCS 5/7-4 from Ch. 46, par. 7-4
10 ILCS 5/7-101 new
Amends the Election Code. Allows an established political party to initiate a recall of one of its nominees if that nominee is (1) found to be a member of or associated with a group, directly or indirectly, with Communist, Fascist, Nazi, or other un-American principles; (2) engaged in activities or propaganda designed to teach subservience to the political principles and ideals of foreign nations or the overthrow by violence of the established constitutional form of government of the United States or the State of Illinois; (3) arrested and charged with murder or another felony; or (4) engaged in hate speech. Provides the process to recall a candidate under the provisions. Effective immediately.
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A BILL FOR
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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
Sections 7-2 and 7-4 and by adding Section 7-101 as follows:
(10 ILCS 5/7-2) (from Ch. 46, par. 7-2)
Sec. 7-2.
(a) A political party, which at the general election for
State and county officers then next preceding a primary, polled
more than 5 per cent of the entire vote cast in the State, is
hereby declared to be a political party within the State, and
shall nominate all candidates provided for in this Article 7
under the provisions hereof, and shall elect precinct,
township, ward, and State central committeepersons as herein
provided.
A political party, which at the general election for State
and county officers then next preceding a primary, cast more
than 5 per cent of the entire vote cast within any
congressional district, is hereby declared to be a political
party within the meaning of this Article, within such
congressional district, and shall nominate its candidate for
Representative in Congress, under the provisions hereof. A
political party, which at the general election for State and

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county officers then next preceding a primary, cast more than 5
per cent of the entire vote cast in any county, is hereby
declared to be a political party within the meaning of this
Article, within said county, and shall nominate all county
officers in said county under the provisions hereof, and shall
elect precinct, township, and ward committeepersons, as herein
provided. ;
A political party, which at the municipal election for
city, village, or incorporated town officers then next
preceding a primary, cast more than 5 per cent of the entire
vote cast in any city, or village, or incorporated town is
hereby declared to be a political party within the meaning of
this Article, within said city, village, or incorporated town,
and shall nominate all city, village, or incorporated town
officers in said city, or village, or incorporated town under
the provisions hereof to the extent and in the cases provided
in Section 7-1.
A political party, which at the municipal election for town
officers then next preceding a primary, cast more than 5 per
cent of the entire vote cast in said town, is hereby declared
to be a political party within the meaning of this Article,
within said town, and shall nominate all town officers in said
town under the provisions hereof to the extent and in the cases
provided in Section 7-1.
A political party, which at the municipal election in any
other municipality or political subdivision, (except townships

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and school districts), for municipal or other officers therein
then next preceding a primary, cast more than 5 per cent of the
entire vote cast in such municipality or political subdivision,
is hereby declared to be a political party within the meaning
of this Article, within said municipality or political
subdivision, and shall nominate all municipal or other officers
therein under the provisions hereof to the extent and in the
cases provided in Section 7-1.
Provided, that no political organization or group shall be
qualified as a political party hereunder, or given a place on a
ballot, which organization or group is associated, directly or
indirectly, with Communist, Fascist, Nazi, or other
un-American principles and engages in activities or propaganda
designed to teach subservience to the political principles and
ideals of foreign nations or the overthrow by violence of the
established constitutional form of government of the United
States and the State of Illinois.
(b) A political party that nominates candidates or officers
under subsection (a) may initiate a recall of one of it
nominees under Section 7-101 if that candidate or officer is:
(1) found to be a member of or associated with a group,
directly or indirectly, with Communist, Fascist, Nazi, or
other un-American principles;
(2) engaged in activities or propaganda designed to
teach subservience to the political principles and ideals
of foreign nations or the overthrow by violence of the

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established constitutional form of government of the
United States or the State of Illinois;
(3) arrested and charged with murder or another felony;
or
(4) engaged in hate speech.
(Source: P.A. 100-1027, eff. 1-1-19; revised 9-18-18.)
(10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
Sec. 7-4. The following words and phrases in this Article 7
shall, unless the same be inconsistent with the context, be
construed as follows:
1. The word "primary" the primary elections provided for in
this Article, which are the general primary, the consolidated
primary, and for those municipalities which have annual
partisan elections for any officer, the municipal primary held
6 weeks prior to the general primary election date in even
numbered years.
2. The definition of terms in Section 1-3 of this Act shall
apply to this Article.
3. The word "precinct" a voting district heretofore or
hereafter established by law within which all qualified
electors vote at one polling place.
4. The words "state office" or "state officer", an office
to be filled, or an officer to be voted for, by qualified
electors of the entire state, including United States Senator
and Congressman at large.

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5. The words "congressional office" or "congressional
officer", representatives in Congress.
6. The words "county office" or "county officer," include
an office to be filled or an officer to be voted for, by the
qualified electors of the entire county. "County office" or
"county officer" also include the assessor and board of appeals
and county commissioners and president of county board of Cook
County, and county board members and the chair of the county
board in counties subject to "An Act relating to the
composition and election of county boards in certain counties",
enacted by the 76th General Assembly.
7. The words "city office" and "village office," and
"incorporated town office" or "city officer" and "village
officer", and "incorporated town officer" an office to be
filled or an officer to be voted for by the qualified electors
of the entire municipality, including aldermen.
8. The words "town office" or "town officer", an office to
be filled or an officer to be voted for by the qualified
electors of an entire town.
9. The words "town" and "incorporated town" shall
respectively be defined as in Section 1-3 of this Act.
10. The words "delegates and alternate delegates to
National nominating conventions" include all delegates and
alternate delegates to National nominating conventions whether
they be elected from the state at large or from congressional
districts or selected by State convention unless contrary and

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non-inclusive language specifically limits the term to one
class.
11. "Judicial office" means a post held by a judge of the
Supreme, Appellate or Circuit Court.
12. "Hate speech" means speech directed at a person because
of his or her actual or perceived race, color, creed, religion,
ancestry, gender, sexual orientation, physical or mental
disability, or national origin that exposes that person to
hatred, contempt, or ridicule or causes that person to fear for
his or her safety.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-101 new)
Sec. 7-101. Recall of a political party nominee.
(a) If a political party nominee is a member of or
associated with a group, directly or indirectly, with
Communist, Fascist, Nazi, or other un-American principles,
engaged in activities or propaganda designed to teach
subservience to the political principles and ideals of foreign
nations or the overthrow by violence of the established
constitutional form of government of the United States and the
State of Illinois, arrested and charged with murder or another
felony, or engaged in hate speech, then the voters of the
political party may initiate a recall of the nomination.
(b) To recall a nominee of a political party, petitions for
recall must be collected and submitted to the State Board of

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Elections. The petitions for recall must state the name of the
nominee being recalled, the office and district number the
nominee is seeking, and the reason or reasons why the recall is
being initiated. The petitions for recall must contain
signatures from at least the same number of signatures needed
to qualify for the ballot for that office, and those signing
must be primary party voters who voted in the most recent
primary election that resulted in the nomination of the
candidate being recalled. The petition for recall sheets must
contain the same circulator and notary requirements as the
petitions for nomination require under Section 7. The State
Board of Elections shall make a determination as to whether the
petitions for recall meet the minimum requirements. If the
State Board of Elections determines that the petitions for
recall do meet the minimum requirements, then the political
party committee for the district in question shall meet and
hold a vote to decide whether to remove that nominee from the
ballot. If a majority of the committee votes to remove, then
the committee shall file a withdrawal with the proper election
authority and may then appoint a replacement as if a vacancy
existed.
Section 99. Effective date. This Act takes effect upon
becoming law.