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| | 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, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Election Code is amended by changing |
5 | | Section 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 |
8 | | mail 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; |
19 | | 103-586, eff. 5-3-24; 103-600, eff. 7-1-24.) |