104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1717

 

Introduced 2/5/2025, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-12  from Ch. 46, par. 7-12

    Amends the Election Code. Provides that the State Board of Elections and the various election authorities and local election officials with whom petitions for nomination are filed shall: (i) create a form for a prospective candidate to request a petition for nomination; (ii) provide a prospective candidate with a petition for nomination within 24 hours after receiving a completed request form; (iii) timestamp when a completed petition for nomination is filed; and (iv) make publicly available a list of filed petitions for nomination that shall be preserved for a period of not less than 6 months.


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A BILL FOR

 

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1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Section 7-12 as follows:
 
6    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
7    Sec. 7-12. All petitions for nomination shall be filed by
8mail or in person as follows:
9        (1) Except as otherwise provided in this Code, where
10    the nomination is to be made for a State, congressional,
11    or judicial office, or for any office a nomination for
12    which is made for a territorial division or district which
13    comprises more than one county or is partly in one county
14    and partly in another county or counties (including the
15    Fox Metro Water Reclamation District), then, except as
16    otherwise provided in this Section, such petition for
17    nomination shall be filed in the principal office of the
18    State Board of Elections not more than 141 and not less
19    than 134 days prior to the date of the primary, but, in the
20    case of petitions for nomination to fill a vacancy by
21    special election in the office of representative in
22    Congress from this State, such petition for nomination
23    shall be filed in the principal office of the State Board

 

 

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1    of Elections not more than 85 days and not less than 82
2    days prior to the date of the primary.
3        Where a vacancy occurs in the office of Supreme,
4    Appellate or Circuit Court Judge within the 3-week period
5    preceding the 134th day before a general primary election,
6    petitions for nomination for the office in which the
7    vacancy has occurred shall be filed in the principal
8    office of the State Board of Elections not more than 120
9    nor less than 113 days prior to the date of the general
10    primary election.
11        Where the nomination is to be made for delegates or
12    alternate delegates to a national nominating convention,
13    then such petition for nomination shall be filed in the
14    principal office of the State Board of Elections not more
15    than 141 and not less than 134 days prior to the date of
16    the primary; provided, however, that if the rules or
17    policies of a national political party conflict with such
18    requirements for filing petitions for nomination for
19    delegates or alternate delegates to a national nominating
20    convention, the chair of the State central committee of
21    such national political party shall notify the Board in
22    writing, citing by reference the rules or policies of the
23    national political party in conflict, and in such case the
24    Board shall direct such petitions to be filed in
25    accordance with the delegate selection plan adopted by the
26    state central committee of such national political party.

 

 

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1        (2) Where the nomination is to be made for a county
2    office or trustee of a sanitary district then such
3    petition shall be filed in the office of the county clerk
4    not more than 141 nor less than 134 days prior to the date
5    of the primary.
6        (3) Where the nomination is to be made for a municipal
7    or township office, such petitions for nomination shall be
8    filed in the office of the local election official, not
9    more than 127 nor less than 120 days prior to the date of
10    the primary; provided, where a municipality's or
11    township's boundaries are coextensive with or are entirely
12    within the jurisdiction of a municipal board of election
13    commissioners, the petitions shall be filed in the office
14    of such board; and provided, that petitions for the office
15    of multi-township assessor shall be filed with the
16    election authority.
17        (4) The petitions of candidates for State central
18    committeeperson shall be filed in the principal office of
19    the State Board of Elections not more than 141 nor less
20    than 134 days prior to the date of the primary.
21        (5) Petitions of candidates for precinct, township or
22    ward committeepersons shall be filed in the office of the
23    county clerk not more than 141 nor less than 134 days prior
24    to the date of the primary.
25        (6) The State Board of Elections and the various
26    election authorities and local election officials with

 

 

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1    whom such petitions for nominations are filed shall
2    specify the place where filings shall be made and upon
3    receipt shall endorse thereon the day and hour on which
4    each petition was filed. All petitions filed by persons
5    waiting in line as of 8:00 a.m. on the first day for
6    filing, or as of the normal opening hour of the office
7    involved on such day, shall be deemed filed as of 8:00 a.m.
8    or the normal opening hour, as the case may be. Petitions
9    filed by mail and received after midnight of the first day
10    for filing and in the first mail delivery or pickup of that
11    day shall be deemed as filed as of 8:00 a.m. of that day or
12    as of the normal opening hour of such day, as the case may
13    be. All petitions received thereafter shall be deemed as
14    filed in the order of actual receipt. However, 2 or more
15    petitions filed within the last hour of the filing
16    deadline shall be deemed filed simultaneously. Where 2 or
17    more petitions are received simultaneously, the State
18    Board of Elections or the various election authorities or
19    local election officials with whom such petitions are
20    filed shall break ties and determine the order of filing,
21    by means of a lottery or other fair and impartial method of
22    random selection approved by the State Board of Elections.
23    Such lottery shall be conducted within 9 days following
24    the last day for petition filing and shall be open to the
25    public. Seven days written notice of the time and place of
26    conducting such random selection shall be given by the

 

 

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1    State Board of Elections to the chair of the State central
2    committee of each established political party, and by each
3    election authority or local election official, to the
4    County Chair of each established political party, and to
5    each organization of citizens within the election
6    jurisdiction which was entitled, under this Article, at
7    the next preceding election, to have pollwatchers present
8    on the day of election. The State Board of Elections,
9    election authority or local election official shall post
10    in a conspicuous, open and public place, at the entrance
11    of the office, notice of the time and place of such
12    lottery. The State Board of Elections shall adopt rules
13    and regulations governing the procedures for the conduct
14    of such lottery. All candidates shall be certified in the
15    order in which their petitions have been filed. Where
16    candidates have filed simultaneously, they shall be
17    certified in the order determined by lot and prior to
18    candidates who filed for the same office at a later time.
19        (7) The State Board of Elections or the appropriate
20    election authority or local election official with whom
21    such a petition for nomination is filed shall notify the
22    person for whom a petition for nomination has been filed
23    of the obligation to file statements of organization,
24    reports of campaign contributions, and quarterly reports
25    of campaign contributions and expenditures under Article 9
26    of this Code. Such notice shall be given in the manner

 

 

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1    prescribed by paragraph (7) of Section 9-16 of this Code.
2        (8) Nomination papers filed under this Section are not
3    valid if the candidate named therein fails to file a
4    statement of economic interests as required by the
5    Illinois Governmental Ethics Act in relation to his
6    candidacy with the appropriate officer by the end of the
7    period for the filing of nomination papers unless he has
8    filed a statement of economic interests in relation to the
9    same governmental unit with that officer within a year
10    preceding the date on which such nomination papers were
11    filed. If the nomination papers of any candidate and the
12    statement of economic interests of that candidate are not
13    required to be filed with the same officer, the candidate
14    must file with the officer with whom the nomination papers
15    are filed a receipt from the officer with whom the
16    statement of economic interests is filed showing the date
17    on which such statement was filed. Such receipt shall be
18    so filed not later than the last day on which nomination
19    papers may be filed.
20        (9) Except as otherwise provided in this Code, any
21    person for whom a petition for nomination, or for
22    committeeperson or for delegate or alternate delegate to a
23    national nominating convention has been filed may cause
24    his name to be withdrawn by request in writing, signed by
25    him and duly acknowledged before an officer qualified to
26    take acknowledgments of deeds, and filed in the principal

 

 

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1    or permanent branch office of the State Board of Elections
2    or with the appropriate election authority or local
3    election official, not later than the date of
4    certification of candidates for the consolidated primary
5    or general primary ballot. No names so withdrawn shall be
6    certified or printed on the primary ballot. If petitions
7    for nomination have been filed for the same person with
8    respect to more than one political party, his name shall
9    not be certified nor printed on the primary ballot of any
10    party. If petitions for nomination have been filed for the
11    same person for 2 or more offices which are incompatible
12    so that the same person could not serve in more than one of
13    such offices if elected, that person must withdraw as a
14    candidate for all but one of such offices within the 5
15    business days following the last day for petition filing.
16    A candidate in a judicial election may file petitions for
17    nomination for only one vacancy in a subcircuit and only
18    one vacancy in a circuit in any one filing period, and if
19    petitions for nomination have been filed for the same
20    person for 2 or more vacancies in the same circuit or
21    subcircuit in the same filing period, his or her name
22    shall be certified only for the first vacancy for which
23    the petitions for nomination were filed. If he fails to
24    withdraw as a candidate for all but one of such offices
25    within such time his name shall not be certified, nor
26    printed on the primary ballot, for any office. For the

 

 

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1    purpose of the foregoing provisions, an office in a
2    political party is not incompatible with any other 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
20    to 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

 

 

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1    the 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
6    be uncontested where not more than the number of persons
7    to be 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
15    to 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 local election official where the
19    candidate is seeking to appear on the ballot, a primary
20    ballot shall be prepared and a primary shall be held for
21    that office. Such statement or notice shall be filed on or
22    before the date established in this Article for certifying
23    candidates for the primary ballot. Such statement or
24    notice shall contain (i) the name and address of the
25    person intending to become a write-in candidate, (ii) a
26    statement that the person is a qualified primary elector

 

 

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1    of the political party from whom the nomination is sought,
2    (iii) a statement that the person intends to become a
3    write-in candidate for the party's nomination, and (iv)
4    the office the person is seeking as a write-in candidate.
5    An election authority shall have no duty to conduct a
6    primary and prepare a primary ballot for any office for
7    which the nomination is uncontested unless a statement or
8    notice meeting the requirements of this Section is filed
9    in a timely manner.
10        (11) If multiple sets of nomination papers are filed
11    for a candidate to the same office, the State Board of
12    Elections, appropriate election authority or local
13    election official where the petitions are filed shall
14    within 2 business days notify the candidate of his or her
15    multiple petition filings and that the candidate has 3
16    business days after receipt of the notice to notify the
17    State Board of Elections, appropriate election authority
18    or local election official that he or she may cancel prior
19    sets of petitions. If the candidate notifies the State
20    Board of Elections, appropriate election authority or
21    local election official, the last set of petitions filed
22    shall be the only petitions to be considered valid by the
23    State Board of Elections, election authority or local
24    election official. If the candidate fails to notify the
25    State Board of Elections, election authority or local
26    election official then only the first set of petitions

 

 

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1    filed shall be valid and all subsequent petitions shall be
2    void.
3        (12) All nominating petitions shall be available for
4    public inspection and shall be preserved for a period of
5    not less than 6 months.
6        (13) The State Board of Elections and the various
7    election authorities and local election officials with
8    whom such petitions for nomination are filed shall: (i)
9    create a form that is not associated with the Freedom of
10    Information Act for a prospective candidate to request a
11    petition for nomination; (ii) provide a prospective
12    candidate with a petition for nomination within 24 hours
13    after receiving a completed request form; (iii) timestamp
14    when a completed petition for nomination is filed; and
15    (iv) make publicly available a list of filed petitions for
16    nomination that shall be preserved for a period of not
17    less than 6 months.
18(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21;
19103-586, eff. 5-3-24; 103-600, eff. 7-1-24.)