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| Public Act 097-1044 | ||||
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing Section | ||||
7-12 as follows:
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(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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Sec. 7-12.
All petitions for nomination shall be filed by | ||||
mail or
in person as follows:
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(1) Where the nomination is to be made for a State, | ||||
congressional, or
judicial office, or for any office a | ||||
nomination for which is made for a
territorial division or | ||||
district which comprises more than one county or
is partly | ||||
in one county and partly in another county or counties, | ||||
then,
except as otherwise provided in this Section, such | ||||
petition for nomination
shall be filed in the principal | ||||
office of the State Board of Elections not
more than 113 | ||||
and not less than 106 days prior to the date of the | ||||
primary,
but, in the case of petitions for nomination to | ||||
fill a vacancy by special
election in the office of | ||||
representative in Congress from this State, such
petition | ||||
for nomination shall be filed in the principal office of | ||||
the State
Board of Elections not more than 57 days and not | ||||
less than 50 days prior to
the date of the primary.
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Where a vacancy occurs in the office of Supreme, | ||
Appellate or Circuit
Court Judge within the 3-week period | ||
preceding the 106th day before a
general primary election, | ||
petitions for nomination for the office in which
the | ||
vacancy has occurred shall be filed in the principal office | ||
of the
State Board of Elections not more than 92 nor less | ||
than 85 days prior to
the date of the general primary | ||
election.
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Where the nomination is to be made for delegates or | ||
alternate
delegates to a national nominating convention, | ||
then such petition for
nomination shall be filed in the | ||
principal office of the State Board of
Elections not more | ||
than 113 and not less than 106 days prior to the date of
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the primary; provided, however, that if the rules or | ||
policies of a national
political party conflict with such | ||
requirements for filing petitions for
nomination for | ||
delegates or alternate delegates to a national nominating
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convention, the chairman of the State central committee of | ||
such national
political party shall notify the Board in | ||
writing, citing by reference the
rules or policies of the | ||
national political party in conflict, and in such
case the | ||
Board shall direct such petitions to be filed in accordance | ||
with the delegate selection plan adopted by the state | ||
central committee of such national political party.
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(2) Where the nomination is to be made for a county | ||
office or trustee
of a sanitary district then such petition | ||
shall be filed in the office
of the county clerk not more | ||
than 113 nor less than 106 days prior to the
date of the | ||
primary.
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(3) Where the nomination is to be made for a municipal | ||
or township
office, such petitions for nomination shall be | ||
filed in the office of
the local election official, not | ||
more than 99 nor less than 92 days
prior to the date of the | ||
primary; provided, where a municipality's or
township's | ||
boundaries are coextensive with or are entirely within the
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jurisdiction of a municipal board of election | ||
commissioners, the petitions
shall be filed in the office | ||
of such board; and provided, that petitions
for the office | ||
of multi-township assessor shall be filed with the election
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authority.
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(4) The petitions of candidates for State central | ||
committeeman shall
be filed in the principal office of the | ||
State Board of Elections not
more than 113 nor less than | ||
106 days prior to the date of the primary.
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(5) Petitions of candidates for precinct, township or | ||
ward
committeemen shall be filed in the office of the | ||
county clerk not more
than 113 nor less than 106 days prior | ||
to the date of the primary.
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(6) The State Board of Elections and the various | ||
election authorities
and local election officials with | ||
whom such petitions for nominations
are filed shall specify | ||
the place where filings shall be made and upon
receipt | ||
shall endorse thereon the day and hour on which each | ||
petition
was filed. All petitions filed by persons waiting | ||
in line as of 8:00
a.m. on the first day for filing, or as | ||
of the normal opening hour of
the office involved on such | ||
day, shall be deemed filed as of 8:00 a.m.
or the normal | ||
opening hour, as the case may be. Petitions filed by mail
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and received after midnight of the first day for filing and | ||
in the first
mail delivery or pickup of that day shall be | ||
deemed as filed as of 8:00
a.m. of that day or as of the | ||
normal opening hour of such day, as the
case may be. All | ||
petitions received thereafter shall be deemed as filed
in | ||
the order of actual receipt. However, 2 or more petitions | ||
filed within the last hour of the filing deadline shall be | ||
deemed filed simultaneously. Where 2 or more petitions are | ||
received
simultaneously, the State Board of Elections or | ||
the various election
authorities or local election | ||
officials with whom such petitions are
filed shall break | ||
ties and determine the order of filing, by means of a
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lottery or other fair and impartial method of random | ||
selection approved
by the State Board of Elections. Such | ||
lottery shall be conducted within
9 days following the last | ||
day for petition filing and shall be open to the
public. | ||
Seven days written notice of the time and place of | ||
conducting such
random selection shall be given by the | ||
State Board of Elections to the
chairman of the State | ||
central committee of each established political
party, and | ||
by each election authority or local election official, to | ||
the
County Chairman of each established political party, | ||
and to each
organization of citizens within the election | ||
jurisdiction which was
entitled, under this Article, at the | ||
next preceding election, to have
pollwatchers present on | ||
the day of election. The State Board of Elections,
election | ||
authority or local election official shall post in a | ||
conspicuous,
open and public place, at the entrance of the | ||
office, notice of the time
and place of such lottery. The | ||
State Board of Elections shall adopt rules
and regulations | ||
governing the procedures for the conduct of such lottery.
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All candidates shall be certified in the order in which | ||
their petitions
have been filed. Where candidates have | ||
filed simultaneously, they shall be
certified in the order | ||
determined by lot and prior to candidates who filed
for the | ||
same office at a later time.
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(7) The State Board of Elections or the appropriate | ||
election
authority or local election official with whom | ||
such a petition for
nomination is filed shall notify the | ||
person for whom a petition for
nomination has been filed of | ||
the obligation to file statements of
organization, reports | ||
of campaign contributions, and annual reports of
campaign | ||
contributions and expenditures under Article 9 of this Act.
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Such notice shall be given in the manner prescribed by | ||
paragraph (7) of
Section 9-16 of this Code.
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(8) Nomination papers filed under this Section are not | ||
valid if the
candidate named therein fails to file a | ||
statement of economic interests
as required by the Illinois | ||
Governmental Ethics Act in relation to his
candidacy with | ||
the appropriate officer by the end of the period for the
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filing of nomination papers unless he has filed a statement | ||
of economic
interests in relation to the same governmental | ||
unit with that officer
within a year preceding the date on | ||
which such nomination papers were
filed. If the nomination | ||
papers of any candidate and the statement of
economic | ||
interest of that candidate are not required to be filed | ||
with
the same officer, the candidate must file with the | ||
officer with whom the
nomination papers are filed a receipt | ||
from the officer with whom the
statement of economic | ||
interests is filed showing the date on which such
statement | ||
was filed. Such receipt shall be so filed not later than | ||
the
last day on which nomination papers may be filed.
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(9) Any person for whom a petition for nomination, or | ||
for committeeman or
for delegate or alternate delegate to a | ||
national nominating convention has
been filed may cause his | ||
name to be withdrawn by request in writing, signed
by him | ||
and duly acknowledged before an officer qualified to take
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acknowledgments of deeds, and filed in the principal or | ||
permanent branch
office of the State Board of Elections or | ||
with the appropriate election
authority or local election | ||
official, not later than the date of
certification of | ||
candidates for the consolidated primary or general primary
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ballot. No names so withdrawn shall be certified or printed | ||
on the
primary ballot. If petitions for nomination have | ||
been filed for the
same person with respect to more than | ||
one political party, his name
shall not be certified nor | ||
printed on the primary ballot of any party.
If petitions | ||
for nomination have been filed for the same person for 2 or
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more offices which are incompatible so that the same person | ||
could not
serve in more than one of such offices if | ||
elected, that person must
withdraw as a candidate for all | ||
but one of such offices within the
5 business days | ||
following the last day for petition filing. A candidate in | ||
a judicial election may file petitions for nomination for | ||
only one vacancy in a subcircuit and only one vacancy in a | ||
circuit in any one filing period, and if petitions for | ||
nomination have been filed for the same person for 2 or | ||
more vacancies in the same circuit or subcircuit in the | ||
same filing period, his or her name shall be certified only | ||
for the first vacancy for which the petitions for | ||
nomination were filed. If he fails to
withdraw as a | ||
candidate for all but one of such offices within such time
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his name shall not be certified, nor printed on the primary | ||
ballot, for any
office. For the purpose of the foregoing | ||
provisions, an office in a
political party is not | ||
incompatible with any other office.
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(10)(a) Notwithstanding the provisions of any other | ||
statute, no primary
shall be held for an established | ||
political party in any township,
municipality, or ward | ||
thereof, where the nomination of such
party for every | ||
office to be voted upon by the electors of such
township, | ||
municipality, or ward thereof, is uncontested. Whenever a
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political party's nomination of candidates is uncontested | ||
as to one or
more, but not all, of the offices to be voted | ||
upon by the electors of a
township, municipality, or ward | ||
thereof, then a primary shall
be held for that party in | ||
such township, municipality, or ward thereof;
provided | ||
that the primary ballot shall not include those offices
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within such township, municipality, or ward thereof, for | ||
which the
nomination is uncontested. For purposes of this | ||
Article, the nomination
of an established political party | ||
of a candidate for election to an office
shall be deemed to | ||
be uncontested where not more than the number of persons
to | ||
be nominated have timely filed valid nomination papers | ||
seeking the
nomination of such party for election to such | ||
office.
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(b) Notwithstanding the provisions of any other | ||
statute, no primary
election shall be held for an | ||
established political party for any special
primary | ||
election called for the purpose of filling a vacancy in the | ||
office
of representative in the United States Congress | ||
where the nomination of
such political party for said | ||
office is uncontested. For the purposes of
this Article, | ||
the nomination of an established political party of a
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candidate for election to said office shall be deemed to be | ||
uncontested
where not more than the number of persons to be | ||
nominated have timely filed
valid nomination papers | ||
seeking the nomination of such established party
for | ||
election to said office. This subsection (b) shall not | ||
apply if such
primary election is conducted on a regularly | ||
scheduled election day.
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(c) Notwithstanding the provisions in subparagraph (a) | ||
and (b) of this
paragraph (10), whenever a person who has | ||
not timely filed valid nomination
papers and who intends to | ||
become a write-in candidate for a political
party's | ||
nomination for any office for which the nomination is | ||
uncontested
files a written statement or notice of that | ||
intent with the State Board of
Elections or the local | ||
election official with whom nomination papers for
such | ||
office are filed, a primary ballot shall be prepared and a | ||
primary
shall be held for that office. Such statement or | ||
notice shall be filed on
or before the date established in | ||
this Article for certifying candidates
for the primary | ||
ballot. Such statement or notice shall contain (i) the
name | ||
and address of the person intending to become a write-in | ||
candidate,
(ii) a statement that the person is a qualified | ||
primary elector of the
political party from whom the | ||
nomination is sought, (iii) a statement that
the person | ||
intends to become a write-in candidate for the party's
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nomination, and (iv) the office the person is seeking as a | ||
write-in
candidate. An election authority shall have no | ||
duty to conduct a primary
and prepare a primary ballot for | ||
any office for which the nomination is
uncontested unless a | ||
statement or notice meeting the requirements of this
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Section is filed in a timely manner.
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(11) If multiple sets of nomination papers are filed | ||
for a candidate to
the same office, the State Board of | ||
Elections, appropriate election
authority or local | ||
election official where the petitions are filed shall
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within 2 business days notify the candidate of his or her | ||
multiple petition
filings and that the candidate has 3 | ||
business days after receipt of the
notice to notify the | ||
State Board of Elections, appropriate election
authority | ||
or local election official that he or she may cancel prior | ||
sets
of petitions. If the candidate notifies the State | ||
Board of Elections,
appropriate election authority or | ||
local election official, the last set of
petitions filed | ||
shall be the only petitions to be considered valid by the
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State Board of Elections, election authority or local | ||
election official. If
the candidate fails to notify the | ||
State Board of Elections, election authority
or local
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election official then only the first set of petitions | ||
filed shall be valid
and all subsequent petitions shall be | ||
void.
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(12) All nominating petitions shall be available for | ||
public inspection
and shall be preserved for a period of | ||
not less than 6 months.
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(Source: P.A. 96-1008, eff. 7-6-10; 97-81, eff. 7-5-11.)
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