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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4177
Introduced 11/2/2005, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/2A-1.2 |
from Ch. 46, par. 2A-1.2 |
10 ILCS 5/4-6.2 |
from Ch. 46, par. 4-6.2 |
10 ILCS 5/4-12 |
from Ch. 46, par. 4-12 |
10 ILCS 5/5-15 |
from Ch. 46, par. 5-15 |
10 ILCS 5/5-16.2 |
from Ch. 46, par. 5-16.2 |
10 ILCS 5/6-44 |
from Ch. 46, par. 6-44 |
10 ILCS 5/6-50.2 |
from Ch. 46, par. 6-50.2 |
10 ILCS 5/7-1 |
from Ch. 46, par. 7-1 |
10 ILCS 5/7-2 |
from Ch. 46, par. 7-2 |
10 ILCS 5/7-7 |
from Ch. 46, par. 7-7 |
10 ILCS 5/7-8 |
from Ch. 46, par. 7-8 |
10 ILCS 5/7-8.01 |
from Ch. 46, par. 7-8.01 |
10 ILCS 5/7-9 |
from Ch. 46, par. 7-9 |
10 ILCS 5/7-10 |
from Ch. 46, par. 7-10 |
10 ILCS 5/7-12 |
from Ch. 46, par. 7-12 |
10 ILCS 5/7-13 |
from Ch. 46, par. 7-13 |
10 ILCS 5/7-17 |
from Ch. 46, par. 7-17 |
10 ILCS 5/7-19 |
from Ch. 46, par. 7-19 |
10 ILCS 5/7-25 |
from Ch. 46, par. 7-25 |
10 ILCS 5/7-46 |
from Ch. 46, par. 7-46 |
10 ILCS 5/7-51 |
from Ch. 46, par. 7-51 |
10 ILCS 5/7-53 |
from Ch. 46, par. 7-53 |
10 ILCS 5/7-56 |
from Ch. 46, par. 7-56 |
10 ILCS 5/7-58 |
from Ch. 46, par. 7-58 |
10 ILCS 5/7-59 |
from Ch. 46, par. 7-59 |
10 ILCS 5/8-5 |
from Ch. 46, par. 8-5 |
10 ILCS 5/8-6 |
from Ch. 46, par. 8-6 |
10 ILCS 5/8-7 |
from Ch. 46, par. 8-7 |
10 ILCS 5/9-1.3 |
from Ch. 46, par. 9-1.3 |
10 ILCS 5/9-1.4 |
from Ch. 46, par. 9-1.4 |
10 ILCS 5/9-1.5 |
from Ch. 46, par. 9-1.5 |
10 ILCS 5/9-1.7 |
from Ch. 46, par. 9-1.7 |
10 ILCS 5/9-15 |
from Ch. 46, par. 9-15 |
10 ILCS 5/10-2 |
from Ch. 46, par. 10-2 |
10 ILCS 5/11-6 |
from Ch. 46, par. 11-6 |
10 ILCS 5/13-4 |
from Ch. 46, par. 13-4 |
10 ILCS 5/14-1 |
from Ch. 46, par. 14-1 |
10 ILCS 5/22-15 |
from Ch. 46, par. 22-15 |
10 ILCS 5/25-6 |
from Ch. 46, par. 25-6 |
60 ILCS 1/45-15 |
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60 ILCS 1/45-25 |
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60 ILCS 1/45-50 |
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60 ILCS 1/45-55 |
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105 ILCS 5/3A-6 |
from Ch. 122, par. 3A-6 |
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Amends the Election Code, the Township Code, and the School Code. Changes references from "committeeman" or "committeemen" and "committeewoman" or "committeewomen" to "committeeperson", "committeepersons", "committeeperson of male gender", "committeeperson of female gender", "committeepersons of male gender", or "committeepersons of female gender".
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A BILL FOR
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HB4177 |
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LRB094 14557 JAM 49498 b |
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| AN ACT concerning government.
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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 |
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| Sections 2A-1.2, 4-6.2, 4-12, 5-15, 5-16.2, 6-44, 6-50.2, 7-1, |
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| 7-2, 7-7, 7-8, 7-8.01, 7-9, 7-10, 7-12, 7-13, 7-17, 7-19, 7-25, |
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| 7-46, 7-51, 7-53, 7-56, 7-58, 7-59, 8-5, 8-6, 8-7, 9-1.3, |
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| 9-1.5, 9-15, 10-2, 11-6, 13-4, 14-1, 22-15, 25-6, 9-1.4, and |
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| 9-1.7 as follows:
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| (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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| Sec. 2A-1.2. Consolidated Schedule of Elections - Offices |
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| Designated.
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| (a) At the general election in the appropriate |
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| even-numbered years, the
following offices shall be filled or |
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| shall be on the ballot as otherwise
required by this Code:
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| (1) Elector of President and Vice President of the |
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| United States;
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| (2) United States Senator and United States |
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| Representative;
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| (3) State Executive Branch elected officers;
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| (4) State Senator and State Representative;
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| (5) County elected officers, including State's |
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| Attorney, County Board
member, County Commissioners, and |
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| elected President of the County Board or
County Chief |
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| Executive;
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| (6) Circuit Court Clerk;
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| (7) Regional Superintendent of Schools, except in |
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| counties or
educational service regions in which that |
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| office has been abolished;
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| (8) Judges of the Supreme, Appellate and Circuit |
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| Courts, on the question
of retention, to fill vacancies and |
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| newly created judicial offices;
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HB4177 |
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LRB094 14557 JAM 49498 b |
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| (9) (Blank);
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| (10) Trustee of the Metropolitan Sanitary District of |
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| Chicago, and elected
Trustee of other Sanitary Districts;
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| (11) Special District elected officers, not otherwise |
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| designated in this
Section, where the statute creating or |
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| authorizing the creation of
the district requires an annual |
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| election and permits or requires election
of candidates of |
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| political parties.
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| (b) At the general primary election:
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| (1) in each even-numbered year candidates of political |
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| parties shall be
nominated for those offices to be filled |
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| at the general election in that
year, except where pursuant |
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| to law nomination of candidates of political
parties is |
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| made by caucus.
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| (2) in the appropriate even-numbered years the |
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| political party offices of
State central committeeperson
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| committeeman , township committeeperson
committeeman , ward |
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| committeeperson
committeeman , and
precinct committeeperson
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| committeeman shall be filled and delegates and alternate |
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| delegates
to the National nominating conventions shall be |
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| elected as may be required
pursuant to this Code. In the |
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| even-numbered years in which a Presidential
election is to |
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| be held, candidates in the Presidential preference primary
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| shall also be on the ballot.
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| (3) in each even-numbered year, where the municipality |
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| has provided for
annual elections to elect municipal |
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| officers pursuant to Section 6(f) or
Section 7 of Article |
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| VII of the Constitution, pursuant to the Illinois
Municipal |
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| Code or pursuant to the municipal charter, the offices of |
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| such
municipal officers shall be filled at an election held |
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| on the date of the
general primary election, provided that |
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| the municipal election shall be a
nonpartisan election |
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| where required by the Illinois Municipal Code. For
partisan |
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| municipal elections in even-numbered years, a primary to |
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| nominate
candidates for municipal office to be elected at |
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| the general primary
election shall be held on the Tuesday 6 |
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HB4177 |
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LRB094 14557 JAM 49498 b |
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| weeks preceding that election.
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| (4) in each school district which has adopted the |
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| provisions of
Article 33 of the School Code, successors to |
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| the members of the board
of education whose terms expire in |
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| the year in which the general primary is
held shall be |
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| elected.
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| (c) At the consolidated election in the appropriate |
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| odd-numbered years,
the following offices shall be filled:
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| (1) Municipal officers, provided that in |
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| municipalities in which
candidates for alderman or other |
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| municipal office are not permitted by law
to be candidates |
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| of political parties, the runoff election where required
by |
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| law, or the nonpartisan election where required by law, |
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| shall be held on
the date of the consolidated election; and |
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| provided further, in the case of
municipal officers |
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| provided for by an ordinance providing the form of
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| government of the municipality pursuant to Section 7 of |
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| Article VII of the
Constitution, such offices shall be |
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| filled by election or by runoff
election as may be provided |
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| by such ordinance;
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| (2) Village and incorporated town library directors;
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| (3) City boards of stadium commissioners;
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| (4) Commissioners of park districts;
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| (5) Trustees of public library districts;
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| (6) Special District elected officers, not otherwise |
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| designated in this
section, where the statute creating or |
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| authorizing the creation of the district
permits or |
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| requires election of candidates of political parties;
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| (7) Township officers, including township park |
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| commissioners, township
library directors, and boards of |
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| managers of community buildings, and
Multi-Township |
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| Assessors;
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| (8) Highway commissioners and road district clerks;
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| (9) Members of school boards in school districts which |
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| adopt Article 33
of the School Code;
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| (10) The directors and chairman of the Chain O Lakes - |
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HB4177 |
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LRB094 14557 JAM 49498 b |
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| Fox River Waterway
Management Agency;
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| (11) Forest preserve district commissioners elected |
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| under Section 3.5 of
the Downstate Forest Preserve District |
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| Act;
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| (12) Elected members of school boards, school |
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| trustees, directors of
boards of school directors, |
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| trustees of county boards of school trustees
(except in |
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| counties or educational service regions having a |
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| population
of 2,000,000 or more inhabitants) and members of |
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| boards of school inspectors,
except school boards in school
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| districts that adopt Article 33 of the School Code;
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| (13) Members of Community College district boards;
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| (14) Trustees of Fire Protection Districts;
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| (15) Commissioners of the Springfield Metropolitan |
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| Exposition and
Auditorium
Authority;
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| (16) Elected Trustees of Tuberculosis Sanitarium |
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| Districts;
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| (17) Elected Officers of special districts not |
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| otherwise designated in
this Section for which the law |
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| governing those districts does not permit
candidates of |
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| political parties.
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| (d) At the consolidated primary election in each |
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| odd-numbered year,
candidates of political parties shall be |
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| nominated for those offices to be
filled at the consolidated |
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| election in that year, except where pursuant to
law nomination |
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| of candidates of political parties is made by caucus, and
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| except those offices listed in paragraphs (12) through (17) of |
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| subsection
(c).
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| At the consolidated primary election in the appropriate |
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| odd-numbered years,
the mayor, clerk, treasurer, and aldermen |
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| shall be elected in
municipalities in which
candidates for |
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| mayor, clerk, treasurer, or alderman are not permitted by
law |
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| to be candidates
of political parties, subject to runoff |
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| elections to be held at the
consolidated election as may be |
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| required
by law, and municipal officers shall be nominated in a |
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| nonpartisan election
in municipalities in which pursuant to law |
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HB4177 |
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LRB094 14557 JAM 49498 b |
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| candidates for such office are
not permitted to be candidates |
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| of political parties.
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| At the consolidated primary election in the appropriate |
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| odd-numbered years,
municipal officers shall be nominated or |
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| elected, or elected subject to
a runoff, as may be provided by |
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| an ordinance providing a form of government
of the municipality |
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| pursuant to Section 7 of Article VII of the Constitution.
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| (e) (Blank).
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| (f) At any election established in Section 2A-1.1, public |
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| questions may
be submitted to voters pursuant to this Code and |
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| any special election
otherwise required or authorized by law or |
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| by court order may be conducted
pursuant to this Code.
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| Notwithstanding the regular dates for election of officers |
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| established
in this Article, whenever a referendum is held for |
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| the establishment of
a political subdivision whose officers are |
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| to be elected, the initial officers
shall be elected at the |
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| election at which such referendum is held if otherwise
so |
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| provided by law. In such cases, the election of the initial |
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| officers
shall be subject to the referendum.
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| Notwithstanding the regular dates for election of |
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| officials established
in this Article, any community college |
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| district which becomes effective by
operation of law pursuant |
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| to Section 6-6.1 of the Public Community College
Act, as now or |
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| hereafter amended, shall elect the initial district board
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| members at the next regularly scheduled election following the |
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| effective
date of the new district.
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| (g) At any election established in Section 2A-1.1, if in |
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| any precinct
there are no offices or public questions required |
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| to be on the ballot under
this Code then no election shall be |
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| held in the precinct on that date.
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| (h) There may be conducted a
referendum in accordance with |
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| the provisions of Division 6-4 of the
Counties Code.
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| (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, |
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| eff. 8-9-96; 90-358, eff. 1-1-98.)
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| (10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
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HB4177 |
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LRB094 14557 JAM 49498 b |
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| Sec. 4-6.2. (a) The county clerk shall appoint all |
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| municipal and township
or road district clerks or their duly |
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| authorized deputies as deputy registrars
who may accept the |
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| registration of all qualified residents of the State.
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| The county clerk shall appoint all precinct |
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| committeepersons in the county
as deputy registrars who may |
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| accept the registration of any qualified resident
of the State, |
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| except during the 27 days preceding an election.
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| The election authority shall appoint as deputy registrars a |
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| reasonable
number of employees of the Secretary of State |
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| located at driver's license
examination stations and |
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| designated to the election authority by the
Secretary of State |
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| who may accept the registration of any qualified
residents of |
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| the State at any such driver's license examination stations.
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| The appointment of employees of the Secretary of State as |
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| deputy registrars
shall be made in the manner provided in |
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| Section 2-105 of the Illinois
Vehicle Code.
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| The county clerk shall appoint each of the following named |
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| persons as deputy
registrars upon the written request of such |
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| persons:
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| 1. The chief librarian, or a qualified person |
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| designated by the chief
librarian, of any public library |
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| situated within the election jurisdiction,
who may accept |
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| the registrations of any qualified resident of the State,
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| at such library.
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| 2. The principal, or a qualified person designated by |
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| the principal, of
any high school, elementary school, or |
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| vocational school situated
within the election |
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| jurisdiction, who may accept the registrations of any
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| qualified resident of the State, at such school. The county |
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| clerk shall notify
every principal and vice-principal of |
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| each high school, elementary school, and
vocational school |
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| situated within the election jurisdiction of their
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| eligibility to serve as deputy registrars and offer |
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| training courses for
service as deputy registrars at |
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| conveniently located facilities at least 4
months prior to |
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HB4177 |
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LRB094 14557 JAM 49498 b |
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| every election.
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| 3. The president, or a qualified person designated by |
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| the president, of
any university, college, community |
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| college, academy or other institution of
learning situated |
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| within the election jurisdiction, who may accept the
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| registrations of any resident of the State, at such |
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| university, college,
community college, academy or |
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| institution.
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| 4. A duly elected or appointed official of a bona fide |
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| labor organization,
or a reasonable number of qualified |
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| members designated by such official,
who may accept the |
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| registrations of any qualified resident of the State.
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| 5. A duly elected or appointed official of a bonafide |
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| State civic
organization, as defined and determined by rule |
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| of the State Board of
Elections, or qualified members |
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| designated by such official, who may accept
the |
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| registration of any qualified resident of the State.
In |
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| determining the number of deputy registrars that shall be |
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| appointed,
the county clerk shall consider the population |
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| of the jurisdiction, the
size of the organization, the |
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| geographic size of the jurisdiction,
convenience for the |
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| public, the existing number of deputy registrars in the
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| jurisdiction and their location, the registration |
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| activities of the
organization and the need to appoint |
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| deputy registrars to assist and
facilitate the |
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| registration of non-English speaking individuals. In no
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| event shall a county clerk fix an arbitrary number |
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| applicable to every
civic organization requesting |
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| appointment of its members as deputy
registrars. The State |
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| Board of Elections shall by rule provide for
certification |
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| of bonafide State civic organizations. Such appointments
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| shall be made for a period not to exceed 2 years, |
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| terminating on the first
business day of the month |
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| following the month of the general election, and
shall be |
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| valid for all periods of voter registration as provided by |
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| this
Code during the terms of such appointments.
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HB4177 |
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LRB094 14557 JAM 49498 b |
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| 6.
The Director of the Illinois Department of Public |
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| Aid, or a
reasonable number of employees designated by the |
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| Director and located at
public aid offices, who may accept |
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| the registration of any qualified
resident of the county at |
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| any such public aid office.
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| 7.
The Director of the Illinois Department of |
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| Employment Security, or a
reasonable number of employees |
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| designated by the Director and located at
unemployment |
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| offices, who may accept the registration of any qualified
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| resident of the county at any such unemployment office.
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| 8. The president of any corporation as defined by the |
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| Business
Corporation Act of 1983, or a reasonable number of |
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| employees designated by
such president, who may accept the |
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| registrations of any qualified resident
of the State.
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| If the request to be appointed as deputy registrar is |
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| denied, the
county clerk shall, within 10 days after the date |
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| the request is submitted,
provide the affected individual or |
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| organization with written notice setting
forth the specific |
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| reasons or criteria relied upon to deny the request to
be |
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| appointed as deputy registrar.
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| The county clerk may appoint as many additional deputy |
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| registrars as he
considers necessary. The county clerk shall |
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| appoint such additional deputy
registrars in such manner that |
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| the convenience of the public is served,
giving due |
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| consideration to both population concentration and area. Some
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| of the additional deputy registrars shall be selected so that |
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| there are an
equal number from each of the 2 major political |
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| parties in the election
jurisdiction. The county clerk, in |
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| appointing an additional deputy
registrar, shall make the |
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| appointment from a list of applicants submitted
by the Chairman |
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| of the County Central Committee of the applicant's
political |
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| party. A Chairman of a County Central Committee shall submit a
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| list of applicants to the county clerk by November 30 of each |
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| year. The
county clerk may require a Chairman of a County |
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| Central Committee to
furnish a supplemental list of applicants.
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| Deputy registrars may accept registrations at any time |
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LRB094 14557 JAM 49498 b |
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| other than the 27
day period preceding an election. All persons |
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| appointed as deputy
registrars shall be registered voters |
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| within the county and shall take and
subscribe to the following |
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| oath or affirmation:
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| "I do solemnly swear (or affirm, as the case may be) that I |
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| will support
the Constitution of the United States, and the |
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| Constitution of the State
of Illinois, and that I will |
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| faithfully discharge the duties of the office
of deputy |
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| registrar to the best of my ability and that I will register no
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| person nor cause the registration of any person except upon his |
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| personal
application before me.
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| ............................
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| (Signature Deputy Registrar)"
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| This oath shall be administered by the county clerk, or by |
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| one of his
deputies, or by any person qualified to take |
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| acknowledgement of deeds and
shall immediately thereafter be |
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| filed with the county clerk.
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| Appointments of deputy registrars under this Section, |
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| except precinct
committeepersons
committeemen , shall be for |
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| 2-year terms, commencing on December 1 following
the general |
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| election of each even-numbered year; except that the terms of
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| the initial appointments shall be until December 1st following |
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| the next
general election. Appointments of precinct |
24 |
| committeepersons
committeemen shall be for 2-year
terms |
25 |
| commencing on the date of the county convention following the |
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| general
primary at which they were elected. The county clerk |
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| shall issue a
certificate of appointment to each deputy |
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| registrar, and shall maintain in
his office for public |
29 |
| inspection a list of the names of all appointees.
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| (b) The county clerk shall be responsible for training all |
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| deputy registrars
appointed pursuant to subsection (a), at |
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| times and locations reasonably
convenient for both the county |
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| clerk and such appointees. The county clerk
shall be |
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| responsible for certifying and supervising all deputy |
35 |
| registrars
appointed pursuant to subsection (a). Deputy |
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| registrars appointed under
subsection (a) shall be subject to |
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HB4177 |
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LRB094 14557 JAM 49498 b |
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| removal for cause.
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2 |
| (c)
Completed registration materials under the control of |
3 |
| deputy registrars,
appointed pursuant to subsection (a), shall |
4 |
| be returned to the appointing election
authority within 7 days, |
5 |
| except that completed registration materials
received by the |
6 |
| deputy registrars during the period between the 35th and
28th |
7 |
| day preceding an election shall be returned by the deputy
|
8 |
| registrars to
the appointing election authority within 48 hours |
9 |
| after receipt thereof. The
completed registration materials |
10 |
| received by the deputy registrars on the
28th day preceding an |
11 |
| election shall be returned by the deputy
registrars
within 24 |
12 |
| hours after receipt thereof. Unused materials shall be returned
|
13 |
| by deputy registrars appointed pursuant to paragraph 4 of |
14 |
| subsection (a),
not later than the next working day following |
15 |
| the close of registration.
|
16 |
| (d) The county clerk or board of election commissioners, as |
17 |
| the case may
be, must provide any additional forms requested by |
18 |
| any deputy registrar
regardless of the number of unaccounted |
19 |
| registration forms the deputy registrar
may have in his or her |
20 |
| possession.
|
21 |
| (e) No deputy registrar shall engage in any electioneering |
22 |
| or the promotion
of any cause during the performance of his or |
23 |
| her duties.
|
24 |
| (f) The county clerk shall not be criminally or civilly |
25 |
| liable for the
acts or omissions of any deputy registrar. Such |
26 |
| deputy registrars shall
not be deemed to be employees of the |
27 |
| county clerk.
|
28 |
| (g) Completed registration materials returned by deputy |
29 |
| registrars for persons residing outside the county shall be |
30 |
| transmitted by the county clerk within 2 days after receipt to |
31 |
| the election authority of the person's election jurisdiction of |
32 |
| residence.
|
33 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
|
34 |
| (10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
|
35 |
| Sec. 4-12. Any voter or voters in the township, city, |
|
|
|
HB4177 |
- 11 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| village or
incorporated town containing such precinct, and any |
2 |
| precinct committeeperson
committeeman
in the county, may, |
3 |
| between the hours of 9:00
a.m. and 5:00 p.m. of Monday and |
4 |
| Tuesday of the second week prior to the
week in which the 1970 |
5 |
| primary election for the nomination of candidates
for State and |
6 |
| county offices or any election thereafter is to be held, make
|
7 |
| application in writing, to the county clerk, to have any name |
8 |
| upon the
register of any precinct erased. Such application |
9 |
| shall be, in substance,
in the words and figures following:
|
10 |
| "I being a qualified voter, registered from No. .... Street |
11 |
| in the ....
precinct of the .... ward of the city (village or |
12 |
| town of) .... (or of the
.... town of ....) do hereby solemnly |
13 |
| swear (or affirm) that ....
registered from No. .... Street is |
14 |
| not a qualified voter in the ....
precinct of .... ward of the |
15 |
| city (village or town) of .... (or of the ....
town of ....) |
16 |
| and hence I ask that his name be erased from the register of
|
17 |
| such precinct for the following reason .....
|
18 |
| Affiant further says that he has personal knowledge of the |
19 |
| facts set
forth in the above affidavit.
|
20 |
| (Signed) .....
|
21 |
| Subscribed and sworn to before me on (insert date).
|
22 |
| ....
|
23 |
| ....
|
24 |
| ....."
|
25 |
| Such application shall be signed and sworn to by the |
26 |
| applicant before
the county clerk or any deputy authorized by |
27 |
| the county clerk for that
purpose, and filed with said clerk. |
28 |
| Thereupon notice of such application,
and of the time and place |
29 |
| of hearing thereon, with a demand to appear
before the county |
30 |
| clerk and show cause why his name shall not be erased
from said |
31 |
| register, shall be mailed, in an envelope duly stamped and
|
32 |
| directed to such person at the address upon said register, at |
33 |
| least four
days before the day fixed in said notice to show |
34 |
| cause.
|
35 |
| A like notice shall be mailed to the person or persons |
|
|
|
HB4177 |
- 12 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| making the
application to have the name upon such register |
2 |
| erased to appear and show
cause why said name should be erased, |
3 |
| the notice to set out the day and
hour of such hearing. If the |
4 |
| voter making such application fails to appear
before said clerk |
5 |
| at the time set for the hearing as fixed in the said
notice or |
6 |
| fails to show cause why the name upon such register shall be
|
7 |
| erased, the application to erase may be dismissed by the county |
8 |
| clerk.
|
9 |
| Any voter making the application is privileged from arrest |
10 |
| while
presenting it to the county clerk, and while going to and |
11 |
| from the office
of the county clerk.
|
12 |
| (Source: P.A. 91-357, eff. 7-29-99.)
|
13 |
| (10 ILCS 5/5-15) (from Ch. 46, par. 5-15)
|
14 |
| Sec. 5-15. Any voter or voters in the township, city, |
15 |
| village, or
incorporated town containing such precinct, and any |
16 |
| precinct committeeperson
committeeman
in the county, may, |
17 |
| between the hours of nine
o'clock a.m. and six o'clock p.m. of |
18 |
| the Monday and Tuesday of the third
week immediately preceding |
19 |
| the week in which such April 10, 1962 Primary
Election is to be |
20 |
| held, make application in writing, before such County
Clerk, to |
21 |
| have any name upon such register of any precinct erased.
|
22 |
| Thereafter such application shall be made between the hours of |
23 |
| nine o'clock
a.m. and six o'clock p.m. of Monday and Tuesday of |
24 |
| the second week prior
to the week in which any county, city, |
25 |
| village, township, or incorporated
town election is to be held. |
26 |
| Such application shall be in substance, in the
words and |
27 |
| figures following:
|
28 |
| "I, being a qualified voter, registered from No. .... |
29 |
| Street in the ....
precinct of the .... Ward of the city |
30 |
| (village or town of .... ) of
the .... District .... town of |
31 |
| .... do hereby solemnly swear (or affirm) that
.... registered |
32 |
| from No. .... Street is not a qualified voter in the ....
|
33 |
| precinct of the .... ward of the city (village or town) of .... |
34 |
| or of the
.... district town of .... hence I ask that his name |
35 |
| be erased from the
register of such precinct for the following |
|
|
|
HB4177 |
- 13 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| reason ..... Affiant further
says that he has personal |
2 |
| knowledge of the facts set forth in the above
affidavit.
|
3 |
| (Signed) .....
|
4 |
| Subscribed and sworn to before me on (insert date).
|
5 |
| ....
|
6 |
| ....
|
7 |
| ...."
|
8 |
| Such application shall be signed and sworn to by the |
9 |
| applicant before
the County Clerk or any Deputy authorized by |
10 |
| the County Clerk for that
purpose, and filed with the Clerk. |
11 |
| Thereupon notice of such application,
with a demand to appear |
12 |
| before the County Clerk and show cause why his name
shall not |
13 |
| be erased from the register, shall be mailed by special
|
14 |
| delivery, duly stamped and directed, to such person, to the |
15 |
| address upon
said register at least 4 days before the day fixed |
16 |
| in said notice to
show cause.
|
17 |
| A like notice shall be mailed to the person or persons |
18 |
| making the
application to have the name upon such register |
19 |
| erased to appear and show
cause why the name should be erased, |
20 |
| the notice to set out the day and
hour of such hearing. If the |
21 |
| voter making such application fails to appear
before the Clerk |
22 |
| at the time set for the hearing as fixed in the said
notice or |
23 |
| fails to show cause why the name upon such register shall be
|
24 |
| erased, the application may be dismissed by the County Clerk.
|
25 |
| Any voter making such application or applications shall be |
26 |
| privileged
from arrest while presenting the same to the County |
27 |
| Clerk, and whilst going
to and returning from the office of the |
28 |
| County Clerk.
|
29 |
| (Source: P.A. 91-357, eff. 7-29-99.)
|
30 |
| (10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
|
31 |
| Sec. 5-16.2. (a) The county clerk shall appoint all |
32 |
| municipal and
township clerks or their duly authorized deputies |
33 |
| as deputy registrars who
may accept the registration of all |
34 |
| qualified residents of the State.
|
35 |
| The county clerk shall appoint all precinct |
|
|
|
HB4177 |
- 14 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| committeepersons in the county
as deputy registrars who may |
2 |
| accept the registration of any qualified resident
of the State, |
3 |
| except during the 27 days preceding an election.
|
4 |
| The election authority shall appoint as deputy registrars a |
5 |
| reasonable
number of employees of the Secretary of State |
6 |
| located at driver's license
examination stations and |
7 |
| designated to the election authority by the
Secretary of State |
8 |
| who may accept the registration of any qualified
residents of |
9 |
| the State at any such driver's license examination stations.
|
10 |
| The appointment of employees of the Secretary of State as |
11 |
| deputy registrars
shall be made in the manner provided in |
12 |
| Section 2-105 of the Illinois
Vehicle Code.
|
13 |
| The county clerk shall appoint each of the following named |
14 |
| persons as deputy
registrars upon the written request of such |
15 |
| persons:
|
16 |
| 1. The chief librarian, or a qualified person |
17 |
| designated by the chief
librarian, of any public library |
18 |
| situated within the election jurisdiction,
who may accept |
19 |
| the registrations of any qualified resident of the State,
|
20 |
| at such library.
|
21 |
| 2. The principal, or a qualified person designated by |
22 |
| the principal, of
any high school, elementary school, or |
23 |
| vocational school situated
within the election |
24 |
| jurisdiction, who may accept the registrations of any
|
25 |
| resident of the State, at such school. The county clerk |
26 |
| shall notify every
principal and vice-principal of each |
27 |
| high school, elementary school, and
vocational school |
28 |
| situated within the election jurisdiction of their
|
29 |
| eligibility to serve as deputy registrars and offer |
30 |
| training courses for
service as deputy registrars at |
31 |
| conveniently located facilities at least 4
months prior to |
32 |
| every election.
|
33 |
| 3. The president, or a qualified person designated by |
34 |
| the president, of
any university, college, community |
35 |
| college, academy or other institution
of learning situated |
36 |
| within the election jurisdiction, who may accept the
|
|
|
|
HB4177 |
- 15 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| registrations of any resident of the State, at such |
2 |
| university, college,
community college, academy or |
3 |
| institution.
|
4 |
| 4. A duly elected or appointed official of a bona fide |
5 |
| labor organization,
or a reasonable number of qualified |
6 |
| members designated by such official,
who may accept the |
7 |
| registrations of any qualified resident of the State.
|
8 |
| 5. A duly elected or appointed official of a bona fide |
9 |
| State civic
organization, as defined and determined by rule |
10 |
| of the State Board of
Elections, or qualified members |
11 |
| designated by such official, who may accept
the |
12 |
| registration of any qualified resident of the State.
In |
13 |
| determining the number of deputy registrars that shall be |
14 |
| appointed,
the county clerk shall consider the population |
15 |
| of the jurisdiction, the
size of the organization, the |
16 |
| geographic size of the jurisdiction,
convenience for the |
17 |
| public, the existing number of deputy registrars in the
|
18 |
| jurisdiction and their location, the registration |
19 |
| activities of the
organization and the need to appoint |
20 |
| deputy registrars to assist and
facilitate the |
21 |
| registration of non-English speaking individuals. In no
|
22 |
| event shall a county clerk fix an arbitrary number |
23 |
| applicable to every
civic organization requesting |
24 |
| appointment of its members as deputy registrars.
The State |
25 |
| Board of Elections shall by rule provide for
certification |
26 |
| of bona fide State civic organizations.
Such appointments |
27 |
| shall be made for a period not to exceed 2 years,
|
28 |
| terminating on the first business day of the month |
29 |
| following the month of
the general election, and shall be |
30 |
| valid for all periods of voter
registration as provided by |
31 |
| this Code during the terms of such appointments.
|
32 |
| 6.
The Director of the Illinois Department of Public |
33 |
| Aid, or a
reasonable number of employees designated by the |
34 |
| Director and located at
public aid offices, who may accept |
35 |
| the registration of any qualified
resident of the county at |
36 |
| any such public aid office.
|
|
|
|
HB4177 |
- 16 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| 7.
The Director of the Illinois Department of |
2 |
| Employment Security, or a
reasonable number of employees |
3 |
| designated by the Director and located at
unemployment |
4 |
| offices, who may accept the registration of any qualified
|
5 |
| resident of the county at any such unemployment office.
|
6 |
| 8. The president of any corporation as defined by the |
7 |
| Business
Corporation Act of 1983, or a reasonable number of |
8 |
| employees designated by
such president, who may accept the |
9 |
| registrations of any qualified resident
of the State.
|
10 |
| If the request to be appointed as deputy registrar is |
11 |
| denied, the
county clerk shall, within 10 days after the date |
12 |
| the request is submitted,
provide the affected individual or |
13 |
| organization with written notice setting
forth the specific |
14 |
| reasons or criteria relied upon to deny the request to
be |
15 |
| appointed as deputy registrar.
|
16 |
| The county clerk may appoint as many additional deputy |
17 |
| registrars as he
considers necessary. The county clerk shall |
18 |
| appoint such additional deputy
registrars in such manner that |
19 |
| the convenience of the public is served,
giving due |
20 |
| consideration to both population concentration and area. Some
|
21 |
| of the additional deputy registrars shall be selected so that |
22 |
| there are an
equal number from each of the 2 major political |
23 |
| parties in the election
jurisdiction. The county clerk, in |
24 |
| appointing an additional deputy
registrar, shall make the |
25 |
| appointment from a list of applicants submitted
by the Chairman |
26 |
| of the County Central Committee of the applicant's
political |
27 |
| party. A Chairman of a County Central Committee shall submit a
|
28 |
| list of applicants to the county clerk by November 30 of each |
29 |
| year. The
county clerk may require a Chairman of a County |
30 |
| Central Committee to
furnish a supplemental list of applicants.
|
31 |
| Deputy registrars may accept registrations at any time |
32 |
| other than the 27
day period preceding an election. All persons |
33 |
| appointed as deputy
registrars shall be registered voters |
34 |
| within the county and shall take and
subscribe to the following |
35 |
| oath or affirmation:
|
36 |
| "I do solemnly swear (or affirm, as the case may be) that I |
|
|
|
HB4177 |
- 17 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| will support
the Constitution of the United States, and the |
2 |
| Constitution of the State
of Illinois, and that I will |
3 |
| faithfully discharge the duties of the office
of deputy |
4 |
| registrar to the best of my ability and that I will register
no |
5 |
| person nor cause the registration of any person except upon his |
6 |
| personal
application before me.
|
7 |
| ...............................
|
8 |
| (Signature of Deputy Registrar)"
|
9 |
| This oath shall be administered by the county clerk, or by |
10 |
| one of his
deputies, or by any person qualified to take |
11 |
| acknowledgement of deeds and
shall immediately thereafter be |
12 |
| filed with the county clerk.
|
13 |
| Appointments of deputy registrars under this Section, |
14 |
| except precinct
committeepersons
committeemen , shall be for |
15 |
| 2-year terms, commencing on December 1 following
the general |
16 |
| election of each even-numbered year, except that the terms of
|
17 |
| the initial appointments shall be until December 1st following |
18 |
| the next
general election. Appointments of precinct |
19 |
| committeepersons
committeemen shall be for
2-year terms |
20 |
| commencing on the date of the county convention following the
|
21 |
| general primary at which they were elected. The county clerk |
22 |
| shall issue a
certificate of appointment to each deputy |
23 |
| registrar, and shall maintain in
his office for public |
24 |
| inspection a list of the names of all appointees.
|
25 |
| (b) The county clerk shall be responsible for training all |
26 |
| deputy registrars
appointed pursuant to subsection (a), at |
27 |
| times and locations reasonably
convenient for both the county |
28 |
| clerk and such appointees. The county clerk
shall be |
29 |
| responsible for certifying and supervising all deputy |
30 |
| registrars
appointed pursuant to subsection (a). Deputy |
31 |
| registrars appointed under
subsection (a) shall be subject to |
32 |
| removal for cause.
|
33 |
| (c)
Completed registration materials under the control of |
34 |
| deputy registrars,
appointed pursuant to subsection (a), shall |
35 |
| be returned to the appointing election
authority within 7 days, |
36 |
| except that completed registration materials
received by the |
|
|
|
HB4177 |
- 18 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| deputy registrars during the period between the 35th and
28th |
2 |
| day preceding an election shall be returned by the deputy
|
3 |
| registrars to
the appointing election authority within 48 hours |
4 |
| after receipt thereof. The
completed registration materials |
5 |
| received by the deputy registrars on the
28th day preceding an |
6 |
| election shall be returned by the deputy
registrars within 24 |
7 |
| hours after receipt thereof.
Unused materials shall be returned |
8 |
| by deputy
registrars appointed pursuant to paragraph 4 of |
9 |
| subsection (a), not later
than the next working day following |
10 |
| the close of registration.
|
11 |
| (d) The county clerk or board of election commissioners, as |
12 |
| the case may
be, must provide any additional forms requested by |
13 |
| any deputy registrar
regardless of the number of unaccounted |
14 |
| registration forms the deputy registrar
may have in his or her |
15 |
| possession.
|
16 |
| (e) No deputy registrar shall engage in any electioneering |
17 |
| or the promotion
of any cause during the performance of his or |
18 |
| her duties.
|
19 |
| (f) The county clerk shall not be criminally or civilly |
20 |
| liable for the
acts or omissions of any deputy registrar. Such |
21 |
| deputy registers shall not
be deemed to be employees of the |
22 |
| county clerk.
|
23 |
| (g) Completed registration materials returned by deputy |
24 |
| registrars for persons residing outside the county shall be |
25 |
| transmitted by the county clerk within 2 days after receipt to |
26 |
| the election authority of the person's election jurisdiction of |
27 |
| residence.
|
28 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
|
29 |
| (10 ILCS 5/6-44) (from Ch. 46, par. 6-44)
|
30 |
| Sec. 6-44. Any voter or voters in the ward, village or |
31 |
| incorporated
town containing such precinct, and any precinct |
32 |
| committeeperson
committeeman in the
county, may, between the |
33 |
| hours of nine o'clock a.m. and six p.m. of
Monday and Tuesday |
34 |
| of the second week prior to
the week in which such election is |
35 |
| to be held make application in
writing, before such board of |
|
|
|
HB4177 |
- 19 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| election commissioners, to have any name
upon such register of |
2 |
| any precinct erased. However, in
municipalities having a |
3 |
| population of more than 500,000 and having a
board of election |
4 |
| commissioners (except as otherwise provided for such
|
5 |
| municipalities in Section 6-60 of this Article) and in all |
6 |
| cities,
villages and incorporated towns within the |
7 |
| jurisdiction of such board,
such application shall be made |
8 |
| between the hours of nine o'clock a.m.
and six o'clock p.m. of |
9 |
| Monday and Tuesday of the second week prior to
the week in |
10 |
| which such election is to be held. Such application shall
be, |
11 |
| in substance, in the words and figures following:
|
12 |
| "I being a qualified voter, registered from No. .... street |
13 |
| in the
.... precinct of the .... ward of the city (village or |
14 |
| town) of .... do
hereby solemnly swear (or affirm) that I have |
15 |
| personal knowledge that
.... registered from No. .... street is |
16 |
| not a qualified voter in the
.... precinct of the .... ward of |
17 |
| the city (village or town) of .... and
hence I ask that his |
18 |
| name be erased from the register of such precinct
for the |
19 |
| following reason ....
|
20 |
| Affiant further says that he has personal knowledge of the |
21 |
| facts set
forth in the above affidavit.
|
22 |
| (Signed)....
|
23 |
| Subscribed and sworn to before me on (insert date).
|
24 |
| ....
|
25 |
| ...."
|
26 |
| Such application shall be signed and sworn to by the |
27 |
| applicant before
any member of the board or the clerk thereof |
28 |
| and filed with said board.
Thereupon notice of such |
29 |
| application, with a demand to appear before the
board of |
30 |
| election commissioners and show cause why his name shall not be
|
31 |
| erased from said register, shall be personally served upon such |
32 |
| person
or left at his place of residence indicated in such |
33 |
| register, or in the
case of a homeless individual, at his or |
34 |
| her mailing address, by a
messenger of said board of election |
35 |
| commissioners, and, as to the manner
and time of serving such |
36 |
| notice such messenger shall make affidavit;
the messenger shall |
|
|
|
HB4177 |
- 20 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| also make affidavit of the fact in case he cannot
find such |
2 |
| person or his place of residence, and that he went to the place
|
3 |
| named on such register as his or her place of residence. Such |
4 |
| notice shall
be served at least one day before the time fixed |
5 |
| for such party to show cause.
|
6 |
| The commissioners shall also cause a like notice or demand |
7 |
| to be sent
by mail duly stamped and directed, to such person, |
8 |
| to the address upon the
register at least 2 days before the day |
9 |
| fixed in the notice to show cause.
|
10 |
| A like notice shall be served on the person or persons |
11 |
| making the
application to have the name upon such register |
12 |
| erased to appear and
show cause why said name shall be erased, |
13 |
| the notice to set out the day
and hour of such hearing. If the |
14 |
| voter making such application fails to
appear before said board |
15 |
| at the time set for the hearing as fixed in the
notice or fails |
16 |
| to show cause why the name upon such register shall
be erased, |
17 |
| the application may be dismissed by the board.
|
18 |
| Any voter making such application or applications shall be |
19 |
| privileged
from arrest while presenting the same to the board |
20 |
| of election commissioners,
and while going to and returning |
21 |
| from the board of election commissioners.
|
22 |
| (Source: P.A. 91-357, eff. 7-29-99.)
|
23 |
| (10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
|
24 |
| Sec. 6-50.2. (a) The board of election commissioners shall |
25 |
| appoint all
precinct committeepersons in the election |
26 |
| jurisdiction as deputy registrars
who may accept the |
27 |
| registration of any qualified resident of the State, except |
28 |
| during the 27 days preceding an election.
|
29 |
| The election authority shall appoint as deputy registrars a |
30 |
| reasonable
number of employees of the Secretary of State |
31 |
| located at driver's license
examination stations and |
32 |
| designated to the election authority by the
Secretary of State |
33 |
| who may accept the registration of any qualified
residents of |
34 |
| the State at any such driver's license examination stations. |
35 |
| The
appointment of employees of the Secretary of State as |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| deputy registrars shall
be made in the manner provided in |
2 |
| Section 2-105 of the Illinois Vehicle Code.
|
3 |
| The board of election commissioners shall appoint each of |
4 |
| the following
named persons as deputy registrars upon the |
5 |
| written request of such persons:
|
6 |
| 1. The chief librarian, or a qualified person |
7 |
| designated by the chief
librarian, of any public library |
8 |
| situated within the election jurisdiction,
who may accept |
9 |
| the registrations of any qualified resident of the State, |
10 |
| at such library.
|
11 |
| 2. The principal, or a qualified person designated by |
12 |
| the principal, of
any high school, elementary school, or |
13 |
| vocational school situated
within the election |
14 |
| jurisdiction, who may accept the registrations of any
|
15 |
| resident of the State, at such school. The board of |
16 |
| election
commissioners shall notify every principal and |
17 |
| vice-principal of each high
school, elementary school, and |
18 |
| vocational school situated in the election
jurisdiction of |
19 |
| their eligibility to serve as deputy registrars and offer
|
20 |
| training courses for service as deputy registrars at |
21 |
| conveniently located
facilities at least 4 months prior to |
22 |
| every election.
|
23 |
| 3. The president, or a qualified person designated by |
24 |
| the president, of
any university, college, community |
25 |
| college, academy or other institution
of learning situated |
26 |
| within the State, who may accept the
registrations of any |
27 |
| resident of the election jurisdiction, at such university,
|
28 |
| college, community college, academy or institution.
|
29 |
| 4. A duly elected or appointed official of a bona fide |
30 |
| labor
organization, or a reasonable number of qualified |
31 |
| members designated
by such official, who may accept the |
32 |
| registrations of any qualified
resident of the State.
|
33 |
| 5. A duly elected or appointed official of a bona fide |
34 |
| State civic
organization, as defined and determined by rule |
35 |
| of the State Board of
Elections, or qualified members |
36 |
| designated by such official, who may accept
the |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| registration of any qualified resident of the State.
In |
2 |
| determining the number of deputy registrars that shall be |
3 |
| appointed,
the board of election commissioners shall |
4 |
| consider the population of the
jurisdiction, the size of |
5 |
| the organization, the geographic size of the
jurisdiction, |
6 |
| convenience for the public, the existing number of deputy
|
7 |
| registrars in the jurisdiction and their location, the |
8 |
| registration
activities of the organization and the need to |
9 |
| appoint deputy registrars to
assist and facilitate the |
10 |
| registration of non-English speaking individuals.
In no |
11 |
| event shall a board of election commissioners fix an |
12 |
| arbitrary
number applicable to every civic organization |
13 |
| requesting appointment of its
members as deputy |
14 |
| registrars. The State Board of Elections shall by rule
|
15 |
| provide for certification of bona fide State civic |
16 |
| organizations. Such
appointments shall be made for a period |
17 |
| not to exceed 2 years, terminating
on the first business |
18 |
| day of the month following the month of the general
|
19 |
| election, and shall be valid for all periods of voter |
20 |
| registration as
provided by this Code during the terms of |
21 |
| such appointments.
|
22 |
| 6.
The Director of the Illinois Department of Public |
23 |
| Aid, or a
reasonable number of employees designated by the |
24 |
| Director and located at
public aid offices, who may accept |
25 |
| the registration of any qualified
resident of the election |
26 |
| jurisdiction at any such public aid office.
|
27 |
| 7.
The Director of the Illinois Department of |
28 |
| Employment Security, or a
reasonable number of employees |
29 |
| designated by the Director and located at
unemployment |
30 |
| offices, who may accept the registration of any qualified
|
31 |
| resident of the election jurisdiction at any such |
32 |
| unemployment office.
If the request to be appointed as |
33 |
| deputy registrar is denied, the board
of election |
34 |
| commissioners shall, within 10 days after the date the |
35 |
| request
is submitted, provide the affected individual or |
36 |
| organization with written
notice setting forth the |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| specific reasons or criteria relied upon to deny
the |
2 |
| request to be appointed as deputy registrar.
|
3 |
| 8. The president of any corporation, as defined by the |
4 |
| Business
Corporation Act of 1983, or a reasonable number of |
5 |
| employees designated by
such president, who may accept the |
6 |
| registrations of any qualified resident
of the State.
|
7 |
| The board of election commissioners may appoint as many |
8 |
| additional deputy
registrars as it considers necessary. The |
9 |
| board of election commissioners
shall appoint such additional |
10 |
| deputy registrars in such manner that the
convenience of the |
11 |
| public is served, giving due consideration to both
population |
12 |
| concentration and area. Some of the additional deputy
|
13 |
| registrars shall be selected so that there are an equal number |
14 |
| from
each of the 2 major political parties in the election |
15 |
| jurisdiction. The
board of election commissioners, in |
16 |
| appointing an additional deputy registrar,
shall make the |
17 |
| appointment from a list of applicants submitted by the Chairman
|
18 |
| of the County Central Committee of the applicant's political |
19 |
| party. A Chairman
of a County Central Committee shall submit a |
20 |
| list of applicants to the board
by November 30 of each year. |
21 |
| The board may require a Chairman of a County
Central Committee |
22 |
| to furnish a supplemental list of applicants.
|
23 |
| Deputy registrars may accept registrations at any time |
24 |
| other than the 27
day period preceding an election. All persons |
25 |
| appointed as deputy
registrars shall be registered voters |
26 |
| within the election jurisdiction and
shall take and subscribe |
27 |
| to the following oath or affirmation:
|
28 |
| "I do solemnly swear (or affirm, as the case may be) that I |
29 |
| will support
the Constitution of the United States, and the |
30 |
| Constitution of the State
of Illinois, and that I will |
31 |
| faithfully discharge the duties of the office
of registration |
32 |
| officer to the best of my ability and that I will register
no |
33 |
| person nor cause the registration of any person except upon his |
34 |
| personal
application before me.
|
35 |
| ....................................
|
36 |
| (Signature of Registration Officer)"
|
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| This oath shall be administered and certified to by one of |
2 |
| the commissioners
or by the executive director or by some |
3 |
| person designated by the board of
election commissioners, and |
4 |
| shall immediately thereafter be filed with the
board of |
5 |
| election commissioners. The members of the board of election
|
6 |
| commissioners and all persons authorized by them under the |
7 |
| provisions of
this Article to take registrations, after |
8 |
| themselves taking and subscribing
to the above oath, are |
9 |
| authorized to take or administer such oaths and
execute such |
10 |
| affidavits as are required by this Article.
|
11 |
| Appointments of deputy registrars under this Section, |
12 |
| except precinct
committeepersons
committeemen , shall be for |
13 |
| 2-year terms, commencing on December 1 following
the general |
14 |
| election of each even-numbered year, except that the terms of
|
15 |
| the initial appointments shall be until December 1st following |
16 |
| the next
general election. Appointments of precinct |
17 |
| committeepersons
committeemen shall be for 2-year
terms |
18 |
| commencing on the date of the county convention following the |
19 |
| general
primary at which they were elected. The county clerk |
20 |
| shall issue a
certificate of appointment to each deputy |
21 |
| registrar, and shall maintain in
his office for public |
22 |
| inspection a list of the names of all appointees.
|
23 |
| (b) The board of election commissioners shall be |
24 |
| responsible for training
all deputy registrars appointed |
25 |
| pursuant to subsection (a), at times and
locations reasonably |
26 |
| convenient for both the board of election commissioners
and |
27 |
| such appointees. The board of election commissioners shall be |
28 |
| responsible
for certifying and supervising all deputy |
29 |
| registrars appointed pursuant
to subsection (a). Deputy |
30 |
| registrars appointed under subsection (a) shall
be subject to |
31 |
| removal for cause.
|
32 |
| (c)
Completed registration materials under the control of |
33 |
| deputy
registrars appointed pursuant to subsection (a) shall be |
34 |
| returned to the
appointing election authority within 7 days, |
35 |
| except that completed registration
materials received by the |
36 |
| deputy registrars during the period between the
35th and 28th |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| day preceding an election shall be returned by the
deputy
|
2 |
| registrars to the appointing election authority within 48 hours |
3 |
| after receipt
thereof. The completed registration materials |
4 |
| received by the deputy
registrars on the 28th day preceding an |
5 |
| election shall be returned
by the
deputy registrars within 24 |
6 |
| hours after receipt thereof. Unused materials
shall be returned |
7 |
| by deputy registrars appointed pursuant to paragraph 4 of
|
8 |
| subsection (a), not later than the next working day following |
9 |
| the close of
registration.
|
10 |
| (d) The county clerk or board of election commissioners, as |
11 |
| the case may
be, must provide any additional forms requested by |
12 |
| any deputy registrar
regardless of the number of unaccounted |
13 |
| registration forms the deputy registrar
may have in his or her |
14 |
| possession.
|
15 |
| (e) No deputy registrar shall engage in any electioneering |
16 |
| or the promotion
of any cause during the performance of his or |
17 |
| her duties.
|
18 |
| (f) The board of election commissioners shall not be |
19 |
| criminally or
civilly liable for the acts or omissions of any |
20 |
| deputy registrar. Such
deputy registrars shall not be deemed to |
21 |
| be employees of the board of
election commissioners.
|
22 |
| (g) Completed registration materials returned by deputy |
23 |
| registrars for persons residing outside the election |
24 |
| jurisdiction shall be transmitted by the board of election |
25 |
| commissioners within 2 days after receipt to the election |
26 |
| authority of the person's election jurisdiction of residence.
|
27 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
|
28 |
| (10 ILCS 5/7-1) (from Ch. 46, par. 7-1)
|
29 |
| Sec. 7-1. Application of Article.
|
30 |
| (a) Except as otherwise provided in this Article, the |
31 |
| nomination of all
candidates for all elective State, |
32 |
| congressional, judicial, and county
officers, State's |
33 |
| Attorneys (whether elected from a single county or from more
|
34 |
| than one county), city, village, and incorporated town and |
35 |
| municipal officers,
trustees of sanitary districts, township |
|
|
|
HB4177 |
- 26 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| officers in townships of over 5,000
population coextensive with |
2 |
| or included wholly within cities or villages not
under the |
3 |
| commission form of government, precinct, township, ward, and
|
4 |
| State central committeepersons
committeemen , and delegates and |
5 |
| alternate delegates to
national nominating conventions by all |
6 |
| political parties, as defined in
Section 7-2 of this Article 7, |
7 |
| shall be made in the manner provided in
this Article 7 and not |
8 |
| otherwise. The nomination of candidates for
electors of |
9 |
| President and Vice President of the United States shall be made
|
10 |
| only in the manner provided for in Section 7-9 of this Article.
|
11 |
| (b) This Article 7 shall not
apply to (i) the nomination of |
12 |
| candidates for school elections and township
elections, except |
13 |
| in those townships specifically mentioned
in subsection (a) and |
14 |
| except in those cases in which a township central
committee |
15 |
| determines under Section 6A-2 of the Township Law of 1874 or |
16 |
| Section
45-55 of the Township Code that its candidates for |
17 |
| township offices shall be
nominated by primary in accordance |
18 |
| with this Article, (ii) the nomination of
park commissioners in |
19 |
| park districts organized under the Park District Code,
(iii) |
20 |
| the nomination of officers of cities and villages organized |
21 |
| under
special charters, or (iv) the nomination of municipal |
22 |
| officers for cities,
villages, and incorporated towns with a |
23 |
| population of 5,000 or less,
except where a city, village, or |
24 |
| incorporated town with a population of
5,000 or less has by |
25 |
| ordinance determined that political parties shall nominate
|
26 |
| candidates for municipal office in the city, village, or
|
27 |
| incorporated town by primary in accordance with this Article. |
28 |
| In that event,
the municipal clerk shall certify the ordinance |
29 |
| to the proper election
officials no later than November 15 in |
30 |
| the year preceding the consolidated
primary election.
|
31 |
| (c) The words "township officers" or "township offices" |
32 |
| shall be
construed, when used in this Article, to include |
33 |
| supervisors.
|
34 |
| (d) As provided in Sections 3.1-25-20 through 3.1-25-60 of |
35 |
| the Illinois
Municipal Code, a village may adopt a system of |
36 |
| nonpartisan primary and general
elections for the election of |
|
|
|
HB4177 |
- 27 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| village officers.
|
2 |
| (Source: P.A. 88-670, eff. 12-2-94; 89-5, eff. 1-1-96.)
|
3 |
| (10 ILCS 5/7-2) (from Ch. 46, par. 7-2)
|
4 |
| Sec. 7-2. A political party, which at the general election |
5 |
| for State and
county officers then next preceding a primary, |
6 |
| polled more than 5 per cent
of the entire vote cast in the |
7 |
| State, is hereby declared to be a political
party within the |
8 |
| State, and shall nominate all candidates provided for in
this |
9 |
| Article 7 under the provisions hereof, and shall elect |
10 |
| precinct,
township, ward and State central committeepersons
|
11 |
| committeemen as herein provided.
|
12 |
| A political party, which at the general election for State |
13 |
| and county
officers then next preceding a primary, cast more |
14 |
| than 5 per cent of the
entire vote cast within any |
15 |
| congressional district, is hereby declared to
be a political |
16 |
| party within the meaning of this Article, within such
|
17 |
| congressional district, and shall nominate its candidate for |
18 |
| Representative
in Congress, under the provisions hereof. A |
19 |
| political party, which at the
general election for State and |
20 |
| county officers then next preceding a
primary, cast more than 5 |
21 |
| per cent of the entire vote cast in any county,
is hereby |
22 |
| declared to be a political party within the meaning of this
|
23 |
| Article, within said county, and shall nominate all county |
24 |
| officers in said
county under the provisions hereof, and shall |
25 |
| elect precinct, township, and
ward committeepersons
|
26 |
| committeemen , as herein provided;
|
27 |
| A political party, which at the municipal election for |
28 |
| city, village or
incorporated town officers then next preceding |
29 |
| a primary, cast more than 5
per cent of the entire vote cast in |
30 |
| any city or village, or incorporated
town is hereby declared to |
31 |
| be a political party within the meaning of this
Article, within |
32 |
| said city, village or incorporated town, and shall nominate
all |
33 |
| city, village or incorporated town officers in said city or |
34 |
| village or
incorporated town under the provisions hereof to the |
35 |
| extent and in the
cases provided in section 7--1.
|
|
|
|
HB4177 |
- 28 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| A political party, which at the municipal election for town |
2 |
| officers
then next preceding a primary, cast more than 5 per |
3 |
| cent of the entire vote
cast in said town, is hereby declared |
4 |
| to be a political party within the
meaning of this Article, |
5 |
| within said town, and shall nominate all town
officers in said |
6 |
| town under the provisions hereof to the extent and in the
cases |
7 |
| provided in section 7--1.
|
8 |
| A political party, which at the municipal election in any |
9 |
| other
municipality or political subdivision, (except townships |
10 |
| and school
districts), for municipal or other officers therein |
11 |
| then next preceding a
primary, cast more than 5 per cent of the |
12 |
| entire vote cast in such
municipality or political subdivision, |
13 |
| is hereby declared to be a political
party within the meaning |
14 |
| of this Article, within said municipality or
political |
15 |
| subdivision, and shall nominate all municipal or other officers
|
16 |
| therein under the provisions hereof to the extent and in the |
17 |
| cases provided
in section 7--1.
|
18 |
| Provided, that no political organization or group shall be |
19 |
| qualified as
a political party hereunder, or given a place on a |
20 |
| ballot, which
organization or group is associated, directly or |
21 |
| indirectly, with
Communist, Fascist, Nazi or other un-American |
22 |
| principles and engages in
activities or propaganda designed to |
23 |
| teach subservience to the political
principles and ideals of |
24 |
| foreign nations or the overthrow by violence of
the established |
25 |
| constitutional form of government of the United States and
the |
26 |
| State of Illinois.
|
27 |
| (Source: Laws 1943, vol. 2, p. 1.)
|
28 |
| (10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
|
29 |
| Sec. 7-7. For the purpose of making nominations in certain |
30 |
| instances as
provided in this Article and this Act, the |
31 |
| following committees are authorized
and shall constitute the |
32 |
| central or managing committees of each political
party, viz: A |
33 |
| State central committee, whose responsibilities include, but |
34 |
| are not limited to, filling by appointment vacancies in |
35 |
| nomination for statewide offices, including but not limited to |
|
|
|
HB4177 |
- 29 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| the office of United States Senator, a congressional committee |
2 |
| for each
congressional district, a county central committee for |
3 |
| each county, a
municipal central committee for each city, |
4 |
| incorporated town or village, a
ward committeeperson
|
5 |
| committeeman for each ward in cities containing a population of
|
6 |
| 500,000 or more; a township committeeperson
committeeman for |
7 |
| each township or part of a
township that lies outside of cities |
8 |
| having a population of 200,000 or
more, in counties having a |
9 |
| population of 2,000,000 or more; a precinct
committeeperson
|
10 |
| committeeman for each precinct in counties having a population |
11 |
| of less than
2,000,000; a county board district committee for |
12 |
| each county board district
created under Division 2-3 of the |
13 |
| Counties Code; a State's Attorney committee
for each group of 2 |
14 |
| or more counties which jointly elect a State's Attorney; a
|
15 |
| Superintendent of Multi-County Educational Service Region |
16 |
| committee for each
group of 2 or more counties which jointly |
17 |
| elect a Superintendent of a
Multi-County Educational Service |
18 |
| Region; a judicial subcircuit
committee in
a judicial circuit |
19 |
| divided into subcircuits for each judicial subcircuit in
that |
20 |
| circuit; and
a board of review election district committee
for |
21 |
| each Cook County Board of Review election district.
|
22 |
| (Source: P.A. 93-541, eff. 8-18-03; 93-574, eff. 8-21-03; |
23 |
| 94-645, eff. 8-22-05.)
|
24 |
| (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
|
25 |
| Sec. 7-8. The State central committee shall be composed of |
26 |
| one or two
members from each congressional district in the |
27 |
| State and shall be elected as
follows:
|
28 |
| State Central Committee
|
29 |
| (a) Within 30 days after the effective date of this |
30 |
| amendatory Act of
1983 the State central committee of each |
31 |
| political party shall certify to
the State Board of Elections |
32 |
| which of the following alternatives it wishes
to apply to the |
33 |
| State central committee of that party.
|
34 |
| Alternative A. At the primary held on the third Tuesday in
|
35 |
| March 1970, and at the primary held every 4 years thereafter, |
|
|
|
HB4177 |
- 30 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| each primary
elector may vote for one candidate of his party |
2 |
| for member of the State
central committee for the congressional |
3 |
| district in which he resides.
The candidate receiving the |
4 |
| highest number of votes shall be declared
elected State central |
5 |
| committeeperson
committeeman from the district. A political |
6 |
| party
may, in lieu of the foregoing, by a majority vote of |
7 |
| delegates at any State
convention of such party, determine to |
8 |
| thereafter elect the State central
committeepersons
|
9 |
| committeemen in the manner following:
|
10 |
| At the county convention held by such political party State |
11 |
| central
committeepersons
committeemen shall be elected in the |
12 |
| same manner as provided in this
Article for the election of |
13 |
| officers of the county central committee, and
such election |
14 |
| shall follow the election of officers of the county central
|
15 |
| committee. Each elected ward, township or precinct |
16 |
| committeeperson
committeeman shall cast
as his vote one vote |
17 |
| for each ballot voted in his ward, township, part of a
township |
18 |
| or precinct in the last preceding primary election of his
|
19 |
| political party. In the case of a county lying partially within |
20 |
| one
congressional district and partially within another |
21 |
| congressional district,
each ward, township or precinct |
22 |
| committeeperson
committeeman shall vote only with respect
to |
23 |
| the congressional district in which his ward, township, part of |
24 |
| a
township or precinct is located. In the case of a |
25 |
| congressional district
which encompasses more than one county, |
26 |
| each ward, township or precinct
committeeperson
committeeman |
27 |
| residing within the congressional district shall cast as his
|
28 |
| vote one vote for each ballot voted in his ward, township, part |
29 |
| of a
township or precinct in the last preceding primary |
30 |
| election of his
political party for one candidate of his party |
31 |
| for member of the State
central committee for the congressional |
32 |
| district in which he resides and
the Chairman of the county |
33 |
| central committee shall report the results of
the election to |
34 |
| the State Board of Elections. The State Board of Elections
|
35 |
| shall certify the candidate receiving the highest number of |
36 |
| votes elected
State central committeeperson
committeeman for |
|
|
|
HB4177 |
- 31 - |
LRB094 14557 JAM 49498 b |
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|
1 |
| that congressional district.
|
2 |
| The State central committee shall adopt rules to provide |
3 |
| for and govern
the procedures to be followed in the election of |
4 |
| members of the State central
committee.
|
5 |
| After the
effective date of this amendatory Act of the 91st |
6 |
| General
Assembly, whenever a vacancy occurs in the office of |
7 |
| Chairman of a State
central committee, or at the end of the |
8 |
| term of office of Chairman, the State
central committee of each |
9 |
| political party that has selected Alternative A shall
elect a |
10 |
| Chairman who shall not be required to be a member of the State |
11 |
| Central
Committee. The Chairman shall be a
registered voter in |
12 |
| this State and of the same political party as the State
central |
13 |
| committee.
|
14 |
| Alternative B. Each congressional committee shall, within |
15 |
| 30 days after
the adoption of this alternative, appoint a |
16 |
| person of the sex opposite that
of the incumbent member for |
17 |
| that congressional district to serve as an
additional member of |
18 |
| the State central committee until his or her successor
is |
19 |
| elected at the general primary election in 1986. Each |
20 |
| congressional
committee shall make this appointment by voting |
21 |
| on the basis set forth in
paragraph (e) of this Section. In |
22 |
| each congressional district at the
general primary election |
23 |
| held in 1986 and every 4 years thereafter, the
male candidate |
24 |
| receiving the highest number of votes of the party's male
|
25 |
| candidates for State central committeeperson of male gender
|
26 |
| committeeman , and the female candidate
receiving the highest |
27 |
| number of votes of the party's female candidates for
State |
28 |
| central committeeperson of female gender
committeewoman , shall |
29 |
| be declared elected State central
committeeperson of male |
30 |
| gender
committeeman and State central committeeperson of |
31 |
| female gender
committeewoman from the district. At the
general |
32 |
| primary election held in 1986 and every 4 years thereafter, if |
33 |
| all a
party's candidates for State central committeepersons of |
34 |
| male gender
committeemen or State central
committeepersons of |
35 |
| female gender
committeewomen from a congressional district are |
36 |
| of the same sex, the candidate
receiving the highest number of |
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HB4177 |
- 32 - |
LRB094 14557 JAM 49498 b |
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1 |
| votes shall be declared elected a State central
committeeperson |
2 |
| of male gender
committeeman or State central committeeperson of |
3 |
| female gender
committeewoman from the district, and, because of
|
4 |
| a failure to elect one male and one female to the committee, a |
5 |
| vacancy shall be
declared to exist in the office of the second |
6 |
| member of the State central
committee from the district. This |
7 |
| vacancy shall be filled by appointment by
the congressional |
8 |
| committee of the political party, and the person appointed to
|
9 |
| fill the vacancy shall be a resident of the congressional |
10 |
| district and of the
sex opposite that of the committeeperson of |
11 |
| male gender
committeeman or committeeperson of female gender
|
12 |
| committeewoman elected at the general
primary election. Each |
13 |
| congressional committee shall make this appointment by
voting |
14 |
| on the basis set forth in paragraph (e) of this Section.
|
15 |
| The Chairman of a State central committee composed as |
16 |
| provided in this
Alternative B must be selected from the |
17 |
| committee's members.
|
18 |
| Except as provided for in Alternative A with respect to the |
19 |
| selection of
the Chairman of the State central committee, under |
20 |
| both of the foregoing
alternatives, the
State
central
committee |
21 |
| of each political party shall be composed of members elected
or |
22 |
| appointed from the several congressional districts of the |
23 |
| State,
and of no other person or persons whomsoever. The |
24 |
| members of the State
central committee shall, within 41 days |
25 |
| after each quadrennial election of
the full committee, meet in |
26 |
| the city of Springfield and organize
by electing a chairman, |
27 |
| and may at such time
elect such officers from among their own |
28 |
| number (or otherwise), as they
may deem necessary or expedient. |
29 |
| The outgoing chairman of the State
central committee of the |
30 |
| party shall, 10 days before the meeting, notify
each member of |
31 |
| the State central committee elected at the primary of the
time |
32 |
| and place of such meeting. In the organization and proceedings |
33 |
| of
the State central committee, each State central |
34 |
| committeeperson of male gender
committeeman and State
central |
35 |
| committeeperson of female gender
committeewoman shall have one |
36 |
| vote for each ballot voted in his or her
congressional district |
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HB4177 |
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LRB094 14557 JAM 49498 b |
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|
1 |
| by the primary electors of his or her party at the
primary |
2 |
| election immediately preceding the meeting of the State central
|
3 |
| committee. Whenever a vacancy occurs in the State central |
4 |
| committee of any
political party, the vacancy shall be filled |
5 |
| by appointment of
the chairmen of the county central committees |
6 |
| of the
political party
of the counties located within the |
7 |
| congressional district in which the vacancy
occurs and,
if |
8 |
| applicable, the ward and township committeepersons
|
9 |
| committeemen of the
political
party in counties of 2,000,000 or |
10 |
| more inhabitants located within the
congressional
district. If |
11 |
| the congressional district in which the vacancy occurs lies
|
12 |
| wholly within a
county of 2,000,000 or more inhabitants, the |
13 |
| ward and township committeepersons
committeemen
of the |
14 |
| political party in that congressional district shall vote to |
15 |
| fill the
vacancy. In voting to fill the vacancy, each chairman |
16 |
| of a county central
committee and
each ward and township |
17 |
| committeeperson
committeeman in counties of 2,000,000
or
more |
18 |
| inhabitants shall have one vote for each ballot voted in each |
19 |
| precinct of
the congressional district in which the vacancy |
20 |
| exists of
his or her
county, township, or ward cast by the |
21 |
| primary electors of his or her party
at the
primary election |
22 |
| immediately preceding the meeting to fill the vacancy in the
|
23 |
| State
central committee. The person appointed to fill the |
24 |
| vacancy shall be a
resident of the
congressional district in |
25 |
| which the vacancy occurs, shall be a qualified voter,
and, in a |
26 |
| committee composed as provided in Alternative B, shall be of |
27 |
| the
same
sex as his or her
predecessor. A political party may, |
28 |
| by a majority vote of the
delegates of any State convention of |
29 |
| such party, determine to return
to the election of State |
30 |
| central committeeperson of male gender
committeeman and State |
31 |
| central
committeeperson of female gender
committeewoman by the |
32 |
| vote of primary electors.
Any action taken by a political party |
33 |
| at a State convention in accordance
with this Section shall be |
34 |
| reported to the State Board of Elections by the
chairman and |
35 |
| secretary of such convention within 10 days after such action.
|
36 |
| Ward, Township and Precinct Committeepersons
Committeemen
|
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HB4177 |
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LRB094 14557 JAM 49498 b |
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| (b) At the primary held on the third Tuesday in March, |
2 |
| 1972, and
every 4 years thereafter, each primary elector in |
3 |
| cities having a
population of 200,000 or over may vote for one |
4 |
| candidate of his party in
his ward for ward committeeperson
|
5 |
| committeeman . Each candidate for ward committeeperson
|
6 |
| committeeman
must be a resident of and in the ward where he |
7 |
| seeks to be elected ward
committeeperson
committeeman . The one |
8 |
| having the highest number of votes shall be such
ward |
9 |
| committeeperson
committeeman of such party for such ward. At |
10 |
| the primary election
held on the third Tuesday in March, 1970, |
11 |
| and every 4 years thereafter,
each primary elector in counties |
12 |
| containing a population of 2,000,000 or
more, outside of cities |
13 |
| containing a population of 200,000 or more, may
vote for one |
14 |
| candidate of his party for township committeeperson
|
15 |
| committeeman . Each
candidate for township committeeperson
|
16 |
| committeeman must be a resident of and in the
township or part |
17 |
| of a township (which lies outside of a city having a
population |
18 |
| of 200,000 or more, in counties containing a population of
|
19 |
| 2,000,000 or more), and in which township or part of a township |
20 |
| he seeks
to be elected township committeeperson
committeeman . |
21 |
| The one having the highest number
of votes shall be such |
22 |
| township committeeperson
committeeman of such party for such
|
23 |
| township or part of a township. At the primary held on the |
24 |
| third Tuesday
in March, 1970 and every 2 years thereafter, each |
25 |
| primary elector,
except in counties having a population of |
26 |
| 2,000,000 or over, may vote
for one candidate of his party in |
27 |
| his precinct for precinct
committeeperson
committeeman . Each |
28 |
| candidate for precinct committeeperson
committeeman must be a |
29 |
| bona
fide resident of the precinct where he seeks to be elected |
30 |
| precinct
committeeperson
committeeman . The one having the |
31 |
| highest number of votes shall be such
precinct committeeperson
|
32 |
| committeeman of such party for such precinct. The official
|
33 |
| returns of the primary shall show the name of the |
34 |
| committeeperson
committeeman of each
political party.
|
35 |
| Terms of Committeepersons
Committeemen . All precinct |
36 |
| committeepersons
committeemen elected under the
provisions of |
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HB4177 |
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LRB094 14557 JAM 49498 b |
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| this Article shall continue as such committeepersons
|
2 |
| committeemen until the
date of the primary to be held in the |
3 |
| second year after their election.
Except as otherwise provided |
4 |
| in this Section for certain State central
committeepersons
|
5 |
| committeemen who have 2 year terms, all State central |
6 |
| committeepersons
committeemen , township
committeepersons
|
7 |
| committeemen and ward committeepersons
committeemen shall |
8 |
| continue as such committeepersons
committeemen
until the date |
9 |
| of primary to be held in the fourth year after their
election. |
10 |
| However, a vacancy exists in the office of precinct |
11 |
| committeeperson
committeeman
when a precinct committeeperson
|
12 |
| committeeman ceases to reside in the precinct in which he
was |
13 |
| elected and such precinct committeeperson
committeeman shall |
14 |
| thereafter neither have
nor exercise any rights, powers or |
15 |
| duties as committeeperson
committeeman in that precinct,
even |
16 |
| if a successor has not been elected or appointed.
|
17 |
| (c) The Multi-Township Central Committee shall consist of |
18 |
| the precinct
committeepersons
committeemen of such party, in |
19 |
| the multi-township assessing district formed
pursuant to |
20 |
| Section 2-10 of the Property Tax Code and shall be organized |
21 |
| for the purposes set forth in Section
45-25 of the Township |
22 |
| Code. In the organization and proceedings of the
Multi-Township |
23 |
| Central Committee each precinct committeeperson
committeeman |
24 |
| shall have one vote
for each ballot voted in his precinct by |
25 |
| the primary electors of his party at
the primary at which he |
26 |
| was elected.
|
27 |
| County Central Committee
|
28 |
| (d) The county central committee of each political party in |
29 |
| each
county shall consist of the various township |
30 |
| committeepersons
committeemen , precinct
committeepersons
|
31 |
| committeemen and ward committeepersons
committeemen , if any, |
32 |
| of such party in the county.
In the organization and |
33 |
| proceedings of the county central committee,
each precinct |
34 |
| committeeperson
committeeman shall have one vote for each |
35 |
| ballot voted in
his precinct by the primary electors of his |
36 |
| party at the primary at
which he was elected; each township |
|
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|
HB4177 |
- 36 - |
LRB094 14557 JAM 49498 b |
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|
1 |
| committeeperson
committeeman shall have one vote for
each |
2 |
| ballot voted in his township or part of a township as the case |
3 |
| may
be by the primary electors of his party at the primary |
4 |
| election
for the nomination of candidates for election to the |
5 |
| General Assembly
immediately preceding the meeting of the |
6 |
| county central committee; and
in the organization and |
7 |
| proceedings of the county central committee,
each ward |
8 |
| committeeperson
committeeman shall have one vote for each |
9 |
| ballot voted in his
ward by the primary electors of his party |
10 |
| at the primary election
for the nomination of candidates for |
11 |
| election to the General Assembly
immediately preceding the |
12 |
| meeting of the county central committee.
|
13 |
| Cook County Board of Review Election District Committee
|
14 |
| (d-1) Each board of review election district committee of |
15 |
| each political
party in Cook County shall consist of the
|
16 |
| various township committeepersons
committeemen and ward |
17 |
| committeepersons
committeemen , if any, of that party in
the |
18 |
| portions of the county composing the board of review election |
19 |
| district. In
the organization and proceedings of each of the 3 |
20 |
| election
district committees, each township committeeperson
|
21 |
| committeeman shall have one vote for each
ballot voted in his |
22 |
| or her township or part of a township, as the case may be,
by
|
23 |
| the primary electors of his or her party at the primary |
24 |
| election immediately
preceding the meeting of the board of |
25 |
| review election district committee; and
in the organization and |
26 |
| proceedings of each of the 3 election district
committees, each |
27 |
| ward committeeperson
committeeman shall have one vote for each
|
28 |
| ballot voted in
his or her ward or part of that ward, as the |
29 |
| case may be, by the primary
electors of his or her party at the |
30 |
| primary election immediately preceding the
meeting of the board |
31 |
| of review election district committee.
|
32 |
| Congressional Committee
|
33 |
| (e) The congressional committee of each party in each |
34 |
| congressional
district shall be composed of the chairmen of the |
35 |
| county central
committees of the counties composing the |
36 |
| congressional district, except
that in congressional districts |
|
|
|
HB4177 |
- 37 - |
LRB094 14557 JAM 49498 b |
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|
1 |
| wholly within the territorial limits of
one county, or partly |
2 |
| within 2 or more counties, but not coterminous
with the county |
3 |
| lines of all of such counties, the precinct
committeepersons
|
4 |
| committeemen , township committeepersons
committeemen and ward |
5 |
| committeepersons
committeemen , if any, of
the party |
6 |
| representing the precincts within the limits of the
|
7 |
| congressional district, shall compose the congressional |
8 |
| committee. A
State central committeeperson
committeeman in |
9 |
| each district shall be a member and the
chairman or, when a |
10 |
| district has 2 State central committeepersons
committeemen , a |
11 |
| co-chairman
of the congressional committee, but shall not have |
12 |
| the right to
vote except in case of a tie.
|
13 |
| In the organization and proceedings of congressional |
14 |
| committees
composed of precinct committeepersons
committeemen |
15 |
| or township committeepersons
committeemen or ward
|
16 |
| committeepersons
committeemen , or any combination thereof, |
17 |
| each precinct committeeperson
committeeman
shall have one vote |
18 |
| for each ballot voted in his precinct by the primary
electors |
19 |
| of his party at the primary at which he was elected, each
|
20 |
| township committeeperson
committeeman shall have one vote for |
21 |
| each ballot voted in his
township or part of a township as the |
22 |
| case may be by the primary
electors of his party at the primary |
23 |
| election immediately preceding the
meeting of the |
24 |
| congressional committee, and each ward committeeperson
|
25 |
| committeeman shall
have one vote for each ballot voted in each |
26 |
| precinct of his ward located
in such congressional district by |
27 |
| the primary electors of his party at
the primary election |
28 |
| immediately preceding the meeting of the
congressional |
29 |
| committee; and in the organization and proceedings of
|
30 |
| congressional committees composed of the chairmen of the county |
31 |
| central
committees of the counties within such district, each |
32 |
| chairman of such
county central committee shall have one vote |
33 |
| for each ballot voted in
his county by the primary electors of |
34 |
| his party at the primary election
immediately preceding the |
35 |
| meeting of the congressional committee.
|
36 |
| Judicial District Committee
|
|
|
|
HB4177 |
- 38 - |
LRB094 14557 JAM 49498 b |
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|
1 |
| (f) The judicial district committee of each political party |
2 |
| in each
judicial district shall be composed of the chairman of |
3 |
| the county
central committees of the counties composing the |
4 |
| judicial district.
|
5 |
| In the organization and proceedings of judicial district |
6 |
| committees
composed of the chairmen of the county central |
7 |
| committees of the
counties within such district, each chairman |
8 |
| of such county central
committee shall have one vote for each |
9 |
| ballot voted in his county by the
primary electors of his party |
10 |
| at the primary election immediately
preceding the meeting of |
11 |
| the judicial district committee.
|
12 |
| Circuit Court Committee
|
13 |
| (g) The circuit court committee of each political party in |
14 |
| each
judicial circuit outside Cook County shall be composed of |
15 |
| the chairmen
of the county central committees of the counties |
16 |
| composing the judicial
circuit.
|
17 |
| In the organization and proceedings of circuit court |
18 |
| committees, each
chairman of a county central committee shall |
19 |
| have one vote for each
ballot voted in his county by the |
20 |
| primary electors of his party at the
primary election |
21 |
| immediately preceding the meeting of the circuit court
|
22 |
| committee.
|
23 |
| Judicial Subcircuit Committee
|
24 |
| (g-1) The judicial subcircuit committee of each political |
25 |
| party in
each judicial subcircuit in a judicial circuit divided |
26 |
| into subcircuits
shall be composed of (i) the ward and township |
27 |
| committeepersons
committeemen
of the townships and wards |
28 |
| composing the judicial subcircuit in Cook County and
(ii) the |
29 |
| precinct committeepersons
committeemen of the precincts
|
30 |
| composing the judicial subcircuit in any county other than Cook |
31 |
| County.
|
32 |
| In the organization and proceedings of each judicial |
33 |
| subcircuit committee,
each township committeeperson
|
34 |
| committeeman shall have one vote for each ballot voted in his
|
35 |
| township or part of a township, as the case may be, in the |
36 |
| judicial
subcircuit by the primary electors of his party at the |
|
|
|
HB4177 |
- 39 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| primary election
immediately preceding the meeting of the |
2 |
| judicial subcircuit committee;
each precinct committeeperson
|
3 |
| committeeman shall have one vote for each ballot voted in his
|
4 |
| precinct or part of a precinct, as the case may be, in the |
5 |
| judicial subcircuit
by the primary electors of his party at the |
6 |
| primary election immediately
preceding the meeting of the |
7 |
| judicial subcircuit committee;
and
each ward committeeperson
|
8 |
| committeeman shall have one vote for each ballot voted in his
|
9 |
| ward or part of a ward, as the case may be, in the judicial |
10 |
| subcircuit by
the primary electors of his party at the primary |
11 |
| election immediately
preceding the meeting of the judicial |
12 |
| subcircuit committee.
|
13 |
| Municipal Central Committee
|
14 |
| (h) The municipal central committee of each political party |
15 |
| shall be
composed of the precinct, township or ward |
16 |
| committeepersons
committeemen , as the case may
be, of such |
17 |
| party representing the precincts or wards, embraced in such
|
18 |
| city, incorporated town or village. The voting strength of each
|
19 |
| precinct, township or ward committeeperson
committeeman on the |
20 |
| municipal central
committee shall be the same as his voting |
21 |
| strength on the county central
committee.
|
22 |
| For political parties, other than a statewide political |
23 |
| party,
established only within a municipality or
township, the |
24 |
| municipal or township managing committee shall be composed
of |
25 |
| the party officers of the local established party. The party |
26 |
| officers
of a local established party shall be as follows: the |
27 |
| chairman and
secretary of the caucus for those municipalities |
28 |
| and townships authorized
by statute to nominate candidates by |
29 |
| caucus shall serve as party officers
for the purpose of filling |
30 |
| vacancies in nomination under Section
7-61; for municipalities |
31 |
| and townships authorized by statute or ordinance
to nominate |
32 |
| candidates by petition and primary election, the party officers
|
33 |
| shall be the party's candidates who are nominated at the |
34 |
| primary. If no party
primary was held because of the provisions |
35 |
| of Section 7-5, vacancies in
nomination shall be filled by the |
36 |
| party's remaining candidates who shall
serve as the party's |
|
|
|
HB4177 |
- 40 - |
LRB094 14557 JAM 49498 b |
|
|
1 |
| officers.
|
2 |
| Powers
|
3 |
| (i) Each committee and its officers shall have the powers |
4 |
| usually
exercised by such committees and by the officers |
5 |
| thereof, not
inconsistent with the provisions of this Article. |
6 |
| The several committees
herein provided for shall not have power |
7 |
| to delegate any of their
powers, or functions to any other |
8 |
| person, officer or committee, but this
shall not be construed |
9 |
| to prevent a committee from appointing from its
own membership |
10 |
| proper and necessary subcommittees.
|
11 |
| (j) The State central committee of a political party which |
12 |
| elects it
members by Alternative B under paragraph (a) of this |
13 |
| Section shall adopt a
plan to give effect to the delegate |
14 |
| selection rules of the national political
party and file a copy |
15 |
| of such plan with the State Board of Elections when
approved by |
16 |
| a national political party.
|
17 |
| (k) For the purpose of the designation of a proxy by a |
18 |
| Congressional
Committee to vote in place of an
absent State |
19 |
| central committeeperson of male gender
committeeman or |
20 |
| committeeperson of female gender
committeewoman at meetings of |
21 |
| the
State central committee of a political party which elects |
22 |
| its members by
Alternative B under paragraph (a) of this |
23 |
| Section, the proxy shall be
appointed by the vote of the ward |
24 |
| and township committeepersons
committeemen , if any, of the
|
25 |
| wards and townships which lie entirely or partially within the
|
26 |
| Congressional District from which the absent State central |
27 |
| committeeperson of male gender
committeeman or
committeeperson |
28 |
| of female gender
committeewoman was elected and the vote of the |
29 |
| chairmen of the county
central committees of those counties |
30 |
| which lie entirely or partially within
that Congressional |
31 |
| District and in which there are no ward or township
|
32 |
| committeepersons
committeemen . When voting for such proxy the |
33 |
| county chairman, ward
committeeperson
committeeman or township |
34 |
| committeeperson
committeeman , as the case may be shall have one
|
35 |
| vote for each ballot voted in his county, ward or township, or |
36 |
| portion
thereof within the Congressional District, by the |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
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|
1 |
| primary electors of his
party at the primary at which he was |
2 |
| elected. However, the absent State
central committeeperson of |
3 |
| male gender
committeeman or committeeperson of female gender
|
4 |
| committeewoman may designate a proxy when permitted
by the |
5 |
| rules of a political party which elects its members by |
6 |
| Alternative B
under paragraph (a) of this Section.
|
7 |
| Notwithstanding any law to the contrary, a person is |
8 |
| ineligible to hold the position of committeeperson in any |
9 |
| committee established pursuant to this Section if he or she is |
10 |
| statutorily ineligible to vote in a general election because of |
11 |
| conviction of a felony. When a committeeperson is convicted of |
12 |
| a felony, the position occupied by that committeeperson shall |
13 |
| automatically become vacant.
|
14 |
| (Source: P.A. 93-541, eff. 8-18-03; 93-574, eff. 8-21-03; |
15 |
| 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
|
16 |
| (10 ILCS 5/7-8.01) (from Ch. 46, par. 7-8.01)
|
17 |
| Sec. 7-8.01. The county board district committee of each |
18 |
| political party in each
county board district created pursuant |
19 |
| to "An Act relating to the
composition and election of county |
20 |
| boards in certain counties", enacted by
the 76th General |
21 |
| Assembly, shall consist of the precinct committeepersons
|
22 |
| committeemen of
the precincts included in the county board |
23 |
| district.
|
24 |
| (Source: P.A. 76-1651.)
|
25 |
| (10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
|
26 |
| Sec. 7-9. County central committee; county and State |
27 |
| conventions.
|
28 |
| (a) On the 29th day next succeeding the primary at which
|
29 |
| committeepersons
committeemen are elected, the county central |
30 |
| committee of each political
party shall meet within the county |
31 |
| and proceed to
organize by electing from its own number a |
32 |
| chairman and either from its
own number, or otherwise, such |
33 |
| other officers as such committee may deem
necessary or |
34 |
| expedient. Such meeting of the county central committee
shall |
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HB4177 |
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LRB094 14557 JAM 49498 b |
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| be known as the county convention.
|
2 |
| The chairman of each county committee shall within 10 days |
3 |
| after the
organization, forward to the State Board of |
4 |
| Elections, the names and
post office addresses of the officers, |
5 |
| precinct committeepersons
committeemen and
representative |
6 |
| committeepersons
committeemen elected by his political party.
|
7 |
| The county convention of each political party shall choose |
8 |
| delegates
to the State convention of its party; but in any |
9 |
| county having within
its limits any city having a population of |
10 |
| 200,000, or over the
delegates from such city shall be chosen |
11 |
| by wards, the ward committeepersons
committeemen
from the |
12 |
| respective wards choosing the number of delegates to which such
|
13 |
| ward is entitled on the basis prescribed in paragraph (e) of |
14 |
| this
Section such delegates to be members of the delegation to |
15 |
| the State
convention from such county. In all counties |
16 |
| containing a population of
2,000,000 or more outside of cities |
17 |
| having a population of 200,000 or
more, the delegates from each |
18 |
| of the townships or parts of townships as
the case may be shall |
19 |
| be chosen by townships or parts of townships as
the case may |
20 |
| be, the township committeepersons
committeemen from the |
21 |
| respective townships
or parts of townships as the case may be |
22 |
| choosing the number of
delegates to which such townships or |
23 |
| parts of townships as the case may
be are entitled, on the |
24 |
| basis prescribed in paragraph (e) of this
Section such |
25 |
| delegates to be members of the delegation to the State
|
26 |
| convention from such county.
|
27 |
| Each member of the State Central Committee of a political |
28 |
| party which
elects its members by Alternative B under paragraph |
29 |
| (a) of Section 7-8
shall be a delegate to the State Convention, |
30 |
| ex officio.
|
31 |
| Each member of the State Central Committee of a political |
32 |
| party which
elects its members by Alternative B under paragraph |
33 |
| (a) of Section 7-8 may
appoint 2 delegates to the State |
34 |
| Convention who must be residents of the
member's Congressional |
35 |
| District.
|
36 |
| (b) State conventions shall be held within 180 days after |
|
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HB4177 |
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LRB094 14557 JAM 49498 b |
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| the
general primary in the year 2000 and every 4 years |
2 |
| thereafter. In the year 1998, and every 4 years thereafter,
the |
3 |
| chairman of a State central committee may issue a call for a |
4 |
| State
convention within 180 days after the general primary.
|
5 |
| The State
convention of each political party has power to |
6 |
| make
nominations of candidates of its political party for the |
7 |
| electors of
President and Vice President of the United States, |
8 |
| and to adopt any party
platform, and, to the
extent determined |
9 |
| by the State central committee as provided in Section
7-14, to |
10 |
| choose and select delegates and alternate delegates at large to
|
11 |
| national nominating conventions. The State Central Committee |
12 |
| may adopt
rules to provide for and govern the procedures of the |
13 |
| State convention.
|
14 |
| (c) The chairman and secretary of each State convention |
15 |
| shall,
within 2 days thereafter, transmit to the State Board of |
16 |
| Elections of
this State a certificate setting forth the names |
17 |
| and addresses of all
persons nominated by such State convention |
18 |
| for electors of President and
Vice President of the United |
19 |
| States, and of any persons selected by the State
convention for
|
20 |
| delegates and alternate delegates at large to national |
21 |
| nominating
conventions; and the names of such candidates so |
22 |
| chosen by such State
convention for electors of President and |
23 |
| Vice President of the United
States, shall be caused by
the |
24 |
| State Board of Elections to be printed upon the official ballot |
25 |
| at
the general election, in the manner required by law, and |
26 |
| shall be
certified to the various county clerks of the proper |
27 |
| counties in the
manner as provided in Section 7-60 of this |
28 |
| Article 7 for the certifying
of the names of persons nominated |
29 |
| by any party for State offices. If and
as long as this Act |
30 |
| prescribes that the names of such electors be not
printed on |
31 |
| the ballot, then the names of such electors shall be
certified |
32 |
| in such manner as may be prescribed by the parts of this Act
|
33 |
| applicable thereto.
|
34 |
| (d) Each convention may perform all other functions |
35 |
| inherent to such
political organization and not inconsistent |
36 |
| with this Article.
|
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HB4177 |
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LRB094 14557 JAM 49498 b |
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| (e) At least 33 days before the date of a State convention, |
2 |
| the chairman of the State central committee of each political
|
3 |
| party shall file in the principal office of the State Board of
|
4 |
| Elections a call for the State convention. Such call shall |
5 |
| state, among
other things, the time and place (designating the |
6 |
| building or hall) for
holding the State convention. Such call |
7 |
| shall be signed by the chairman
and attested by the secretary |
8 |
| of the committee. In such convention each
county shall be |
9 |
| entitled to one delegate for each 500 ballots voted by
the |
10 |
| primary electors of the party in such county at the primary to |
11 |
| be
held next after the issuance of such call; and if in such |
12 |
| county, less
than 500 ballots are so voted or if the number of |
13 |
| ballots so voted is
not exactly a multiple of 500, there shall |
14 |
| be one delegate for such
group which is less than 500, or for |
15 |
| such group representing the number
of votes over the multiple |
16 |
| of 500, which delegate shall have 1/500 of
one vote for each |
17 |
| primary vote so represented by him. The call for such
|
18 |
| convention shall set forth this paragraph (e) of Section 7-9 in |
19 |
| full and
shall direct that the number of delegates to be chosen |
20 |
| be calculated in
compliance herewith and that such number of |
21 |
| delegates be chosen.
|
22 |
| (f) All precinct, township and ward committeepersons
|
23 |
| committeemen when elected as
provided in this Section shall |
24 |
| serve as though elected at large
irrespective of any changes |
25 |
| that may be made in precinct, township or
ward boundaries and |
26 |
| the voting strength of each committeeperson
committeeman shall
|
27 |
| remain as provided in this Section for the entire time for |
28 |
| which he is
elected.
|
29 |
| (g) The officers elected at any convention provided for in |
30 |
| this
Section shall serve until their successors are elected as |
31 |
| provided in
this Act.
|
32 |
| (h) A special meeting of any central committee may be |
33 |
| called by the
chairman, or by not less than 25% of the members |
34 |
| of such committee, by
giving 5 days notice to members of such |
35 |
| committee in writing designating
the time and place at which |
36 |
| such special meeting is to be held and the
business which it is |
|
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|
HB4177 |
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LRB094 14557 JAM 49498 b |
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|
1 |
| proposed to present at such special meeting.
|
2 |
| (i) Except as otherwise provided in this Act, whenever a |
3 |
| vacancy
exists in the office of precinct committeeperson
|
4 |
| committeeman because no one was elected
to that office or |
5 |
| because the precinct committeeperson
committeeman ceases to |
6 |
| reside in
the precinct or for any other reason, the chairman of |
7 |
| the county
central committee of the appropriate political party |
8 |
| may fill the
vacancy in such office by appointment of a |
9 |
| qualified resident of the
county and the appointed precinct |
10 |
| committeeperson
committeeman shall serve as though
elected; |
11 |
| however, no such appointment may be made between the general
|
12 |
| primary election and the 30th day after the general primary |
13 |
| election.
|
14 |
| (j) If the number of Congressional Districts in the State |
15 |
| of Illinois
is reduced as a result of reapportionment of |
16 |
| Congressional Districts
following a federal decennial census, |
17 |
| the State Central Committeepersons of male gender
Committeemen |
18 |
| and
Committeepersons of female gender
Committeewomen of a |
19 |
| political
party which elects its State Central
Committee by |
20 |
| either Alternative A or by Alternative B under paragraph (a)
of |
21 |
| Section 7-8 who were
previously elected shall continue to serve |
22 |
| as if no reapportionment had
occurred until the expiration of |
23 |
| their terms.
|
24 |
| (Source: P.A. 93-847, eff. 7-30-04.)
|
25 |
| (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
|
26 |
| Sec. 7-10. Form of petition for nomination. The name of no |
27 |
| candidate for
nomination, or State central committeeperson
|
28 |
| committeeman , or township committeeperson
committeeman , or
|
29 |
| precinct committeeperson
committeeman , or ward committeeperson
|
30 |
| committeeman or candidate for delegate or
alternate delegate to |
31 |
| national nominating conventions, shall be printed
upon the |
32 |
| primary ballot unless a petition for nomination has been filed |
33 |
| in
his behalf as provided in this Article in substantially the |
34 |
| following form:
|
35 |
| We, the undersigned, members of and affiliated with the |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
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|
1 |
| .... party
and qualified primary electors of the .... party, in |
2 |
| the .... of ....,
in the county of .... and State of Illinois, |
3 |
| do hereby petition that
the following named person or persons |
4 |
| shall be a candidate or candidates
of the .... party for the |
5 |
| nomination for (or in case of committeepersons
committeemen for
|
6 |
| election to) the office or offices hereinafter specified, to be |
7 |
| voted
for at the primary election to be held on (insert date).
|
|
8 | | Name |
Office |
Address |
|
9 | | John Jones |
Governor |
Belvidere, Ill. |
|
10 | | Thomas Smith |
Attorney General |
Oakland, Ill. |
|
11 |
| Name.................. Address.......................
|
12 |
| State of Illinois)
|
13 |
| ) ss.
|
14 |
| County of........)
|
15 |
| I, ...., do hereby certify
that I reside at No. .... |
16 |
| street, in the .... of ...., county of ....,
and State of |
17 |
| ....., that I am 18 years of age or older, that
I am a citizen |
18 |
| of the United States, and that the signatures on this sheet
|
19 |
| were signed
in my presence, and are genuine, and that to the |
20 |
| best of my knowledge
and belief the persons so signing were at |
21 |
| the time of signing the
petitions qualified voters of the .... |
22 |
| party, and that their respective
residences are correctly |
23 |
| stated, as above set forth.
|
24 |
| .........................
|
25 |
| Subscribed and sworn to before me on (insert date).
|
26 |
| .........................
|
27 |
| |
28 |
| Each sheet of the petition other than the statement of |
29 |
| candidacy and
candidate's statement shall be of uniform size |
30 |
| and shall contain above
the space for signatures an appropriate |
31 |
| heading giving the information
as to name of candidate or |
32 |
| candidates, in whose behalf such petition is
signed; the |
33 |
| office, the political party represented and place of
residence; |
|
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HB4177 |
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LRB094 14557 JAM 49498 b |
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|
1 |
| and the heading of each sheet shall be the same.
|
2 |
| Such petition shall be signed by qualified primary electors |
3 |
| residing
in the political division for which the nomination is |
4 |
| sought in their
own proper persons only and opposite the |
5 |
| signature of each signer, his
residence address shall be |
6 |
| written or printed. The residence address
required to be |
7 |
| written or printed opposite each qualified primary elector's
|
8 |
| name shall include the street address or rural route number of |
9 |
| the signer,
as the case may be, as well as the signer's county, |
10 |
| and city, village or
town, and state.
However the county or |
11 |
| city, village or town, and state of residence of
the electors |
12 |
| may be printed on the petition forms where all of the
electors |
13 |
| signing the petition reside in the same county or city, village
|
14 |
| or town, and state. Standard abbreviations may be used in |
15 |
| writing the
residence address, including street number, if any. |
16 |
| At the bottom of
each sheet of such petition shall be added a |
17 |
| circulator statement signed by
a person 18 years of age or |
18 |
| older who is a citizen of the United States,
stating the street |
19 |
| address or rural route number, as the case may be, as well
as |
20 |
| the county, city, village or town, and state;
and certifying |
21 |
| that the signatures on that sheet of the petition were signed |
22 |
| in
his or her presence and certifying that the signatures are |
23 |
| genuine; and
either (1) indicating the dates on which that |
24 |
| sheet was circulated, or (2)
indicating the first and last |
25 |
| dates on which the sheet was circulated, or (3)
certifying that |
26 |
| none of the signatures on the sheet were signed more than 90
|
27 |
| days preceding the last day for the filing of the petition and |
28 |
| certifying that
to the best of his or her knowledge and belief |
29 |
| the persons so signing were at
the time of signing the |
30 |
| petitions qualified voters of the political party for
which a |
31 |
| nomination is sought. Such statement shall be sworn to before |
32 |
| some
officer authorized to administer oaths in this State.
|
33 |
| No petition sheet shall be circulated more than 90 days |
34 |
| preceding the
last day provided in Section 7-12 for the filing |
35 |
| of such petition.
|
36 |
| The person circulating the petition, or the candidate on |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
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|
1 |
| whose behalf the
petition is circulated, may strike any |
2 |
| signature from the petition,
provided that:
|
3 |
| (1) the person striking the signature shall initial the |
4 |
| petition at
the place where the signature is struck; and
|
5 |
| (2) the person striking the signature shall sign a |
6 |
| certification
listing the page number and line number of |
7 |
| each signature struck from
the petition. Such |
8 |
| certification shall be filed as a part of the petition.
|
9 |
| Such sheets before being filed shall be neatly fastened |
10 |
| together in
book form, by placing the sheets in a pile and |
11 |
| fastening them together
at one edge in a secure and suitable |
12 |
| manner, and the sheets shall then
be numbered consecutively. |
13 |
| The sheets shall not be fastened by pasting
them together end |
14 |
| to end, so as to form a continuous strip or roll. All
petition |
15 |
| sheets which are filed with the proper local election |
16 |
| officials,
election authorities or the State Board of Elections |
17 |
| shall be the original
sheets which have been signed by the |
18 |
| voters and by the circulator thereof,
and not photocopies or |
19 |
| duplicates of such sheets. Each petition must include
as a part |
20 |
| thereof, a statement of candidacy for each of the candidates |
21 |
| filing,
or in whose behalf the petition is filed. This |
22 |
| statement shall set out the
address of such candidate, the |
23 |
| office for which he is a candidate, shall state
that the |
24 |
| candidate is a qualified primary voter of the party to which |
25 |
| the
petition relates and is qualified for the office specified |
26 |
| (in the case of a
candidate for State's Attorney it shall state |
27 |
| that the candidate is at the time
of filing such statement a |
28 |
| licensed attorney-at-law of this State), shall state
that he |
29 |
| has filed (or will file before the close of the petition filing |
30 |
| period)
a statement of economic interests as required by the |
31 |
| Illinois Governmental
Ethics Act, shall request that the |
32 |
| candidate's name be placed upon the official
ballot, and shall |
33 |
| be subscribed and sworn to by such candidate before some
|
34 |
| officer authorized to take acknowledgment of deeds in the State |
35 |
| and shall be in
substantially the following form:
|
36 |
| Statement of Candidacy
|
|
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 | | Name |
Address |
Office |
District |
Party |
|
2 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
|
3 | | |
Belvidere, |
|
|
|
|
4 | | |
Illinois |
|
|
|
|
5 |
| State of Illinois)
|
6 |
| ) ss.
|
7 |
| County of .......)
|
8 |
| I, ...., being first duly sworn, say that I reside at .... |
9 |
| Street in the city
(or village) of ...., in the county of ...., |
10 |
| State of Illinois; that I
am a qualified voter therein and am a |
11 |
| qualified primary voter of the ....
party; that I am a |
12 |
| candidate for nomination (for election in the case of
|
13 |
| committeeperson
committeeman and delegates and alternate |
14 |
| delegates) to the office of ....
to be voted upon at the |
15 |
| primary election to be held on (insert date); that I am
legally |
16 |
| qualified (including
being the holder of any license that may |
17 |
| be an eligibility requirement
for the office I seek the |
18 |
| nomination for) to hold such office and that I
have filed (or I |
19 |
| will file before the close of the petition filing period)
a |
20 |
| statement of economic interests as required by the Illinois
|
21 |
| Governmental Ethics Act and I hereby request that my name be |
22 |
| printed
upon the official primary ballot for nomination for (or |
23 |
| election to in
the case of committeepersons
committeemen and |
24 |
| delegates and alternate delegates) such
office.
|
25 |
| Signed ......................
|
26 |
| Subscribed and sworn to (or affirmed) before me by ...., |
27 |
| who is to me
personally known, on (insert date).
|
28 |
| Signed ....................
|
29 |
| (Official Character)
|
30 |
| (Seal, if officer has one.)
|
31 |
| The petitions, when filed, shall not be withdrawn or added |
32 |
| to, and no
signatures shall be revoked except by revocation |
33 |
| filed in writing with
the State Board of Elections, election |
34 |
| authority or local election
official with whom the petition is |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
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|
1 |
| required to be filed, and before the
filing of such petition. |
2 |
| Whoever forges the name of a signer upon any
petition required |
3 |
| by this Article is deemed guilty of a forgery and on
conviction |
4 |
| thereof shall be punished accordingly.
|
5 |
| A candidate for the offices listed in this Section must |
6 |
| obtain the number
of signatures specified in this Section on |
7 |
| his or her petition for nomination.
|
8 |
| (a) Statewide office or delegate to a national nominating |
9 |
| convention. If a
candidate seeks to run for statewide office or |
10 |
| as a delegate or alternate
delegate to a national nominating |
11 |
| convention elected from the State at-large,
then the |
12 |
| candidate's petition for nomination must contain at least 5,000 |
13 |
| but
not more than 10,000 signatures.
|
14 |
| (b) Congressional office or congressional delegate to a |
15 |
| national nominating
convention. If a candidate seeks to run for |
16 |
| United States Congress or as a
congressional delegate or |
17 |
| alternate congressional delegate to a national
nominating |
18 |
| convention elected from a congressional district, then the
|
19 |
| candidate's petition for nomination must contain at least the |
20 |
| number of
signatures equal to 0.5% of the qualified primary |
21 |
| electors of his or her party
in his or her congressional |
22 |
| district. In the first primary election following a
|
23 |
| redistricting of congressional districts, a candidate's |
24 |
| petition for nomination
must contain at least 600 signatures of |
25 |
| qualified primary electors of the
candidate's political party |
26 |
| in his or her congressional district.
|
27 |
| (c) County office. If a candidate seeks to run for any |
28 |
| countywide office,
including but not limited to county board |
29 |
| chairperson or county board
member, elected on an at-large |
30 |
| basis, in a county other than Cook County,
then the candidate's |
31 |
| petition for nomination must contain at least the number
of |
32 |
| signatures equal to 0.5% of the qualified electors of his or |
33 |
| her party who
cast votes at the last preceding general election |
34 |
| in his or her county. If a
candidate
seeks to run for county |
35 |
| board member elected from a county board district, then
the |
36 |
| candidate's petition for nomination must contain at least the |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
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|
1 |
| number of
signatures equal to 0.5% of the qualified primary |
2 |
| electors of his or her party
in the
county board district. In |
3 |
| the first primary election following a redistricting
of county |
4 |
| board districts or the initial establishment of county board
|
5 |
| districts, a candidate's petition for nomination must contain |
6 |
| at least the
number of signatures equal to 0.5% of the |
7 |
| qualified electors of his or her
party
in the entire county who |
8 |
| cast votes at the last preceding general election
divided by |
9 |
| the
total number of county board districts comprising the |
10 |
| county board; provided
that
in no event shall the number of |
11 |
| signatures be less than 25.
|
12 |
| (d) County office; Cook County only.
|
13 |
| (1) If a candidate seeks to run for countywide office |
14 |
| in Cook County,
then the candidate's petition for |
15 |
| nomination must contain at least the number
of signatures |
16 |
| equal to 0.5% of the qualified electors of his or her party |
17 |
| who
cast votes at the last preceding general election in |
18 |
| Cook County.
|
19 |
| (2) If a candidate seeks to run for Cook County Board |
20 |
| Commissioner,
then the candidate's petition for nomination |
21 |
| must contain at least the number
of signatures equal to |
22 |
| 0.5% of
the qualified primary electors of his or her party |
23 |
| in his or her county board
district. In the first primary |
24 |
| election following a redistricting of Cook
County Board of |
25 |
| Commissioners districts, a candidate's petition for
|
26 |
| nomination must contain at least the number of signatures |
27 |
| equal to 0.5% of
the qualified electors of his or her party |
28 |
| in the entire county who cast votes
at the last
preceding |
29 |
| general election divided by the total number of county |
30 |
| board
districts comprising the county board; provided that |
31 |
| in no event shall the
number of signatures be less than 25.
|
32 |
| (3) If a candidate seeks to run for Cook County Board |
33 |
| of Review
Commissioner, which is elected from a district |
34 |
| pursuant to subsection (c)
of Section 5-5 of the Property |
35 |
| Tax Code, then the candidate's petition for
nomination must |
36 |
| contain at least the number of signatures equal to 0.5% of
|
|
|
|
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1 |
| the total number of registered voters in his or her board |
2 |
| of
review district in the last general election at which a |
3 |
| commissioner was
regularly scheduled to be elected from |
4 |
| that board of review district. In no
event shall the number |
5 |
| of signatures required be greater than the requisite
number |
6 |
| for a candidate who seeks countywide office in Cook County
|
7 |
| under subsection (d)(1) of this Section. In the first |
8 |
| primary election
following a redistricting of Cook County |
9 |
| Board of Review districts, a
candidate's petition for |
10 |
| nomination must contain at least 4,000 signatures
or at |
11 |
| least the number of signatures required for a countywide |
12 |
| candidate in
Cook County, whichever is less,
of the |
13 |
| qualified electors of his or her party in the district.
|
14 |
| (e) Municipal or township office. If a candidate seeks to |
15 |
| run for municipal
or township office, then the candidate's |
16 |
| petition for nomination must contain
at least the number of |
17 |
| signatures equal to 0.5% of the qualified primary
electors of |
18 |
| his or her party in the municipality or township. If a |
19 |
| candidate
seeks to run for alderman of a municipality, then the |
20 |
| candidate's petition for
nomination must contain at least the |
21 |
| number of signatures equal to 0.5% of the
qualified primary |
22 |
| electors of his or her party of the ward. In the first
primary |
23 |
| election following redistricting of aldermanic wards or |
24 |
| trustee
districts of a municipality or the initial |
25 |
| establishment of wards or districts,
a candidate's petition for |
26 |
| nomination must contain the number of signatures
equal to at |
27 |
| least 0.5% of the total number of votes cast for the candidate |
28 |
| of
that political party who received the highest number of |
29 |
| votes in the entire
municipality at the last regular election |
30 |
| at which an officer was regularly
scheduled to be elected from
|
31 |
| the entire municipality, divided by the number of wards or |
32 |
| districts. In no
event shall the number of signatures be less |
33 |
| than 25.
|
34 |
| (f) State central committeeperson. If a candidate seeks to |
35 |
| run for State
central committeeperson, then the candidate's |
36 |
| petition for nomination must
contain at least 100 signatures of |
|
|
|
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| the primary electors of his or her party of
his or
her |
2 |
| congressional district.
|
3 |
| (g) Sanitary district trustee. If a candidate seeks to run |
4 |
| for trustee of a
sanitary district in which trustees are not |
5 |
| elected from wards, then the
candidate's petition for |
6 |
| nomination must contain at least the number of
signatures equal |
7 |
| to 0.5% of the primary electors of his or her party from the
|
8 |
| sanitary district. If a candidate seeks to run for trustee
of a |
9 |
| sanitary district in which trustees are elected from wards, |
10 |
| then the
candidate's petition for
nomination must contain at |
11 |
| least the number of signatures equal to 0.5% of the
primary |
12 |
| electors of his or her party in the ward of that sanitary |
13 |
| district. In
the
first primary election following |
14 |
| redistricting of sanitary districts elected
from wards, a |
15 |
| candidate's petition for nomination must contain at least the
|
16 |
| signatures of 150 qualified primary electors of his or her ward |
17 |
| of that
sanitary district.
|
18 |
| (h) Judicial office. If a candidate seeks to run for |
19 |
| judicial office in a district, then the candidate's petition |
20 |
| for nomination must contain the number of signatures equal to |
21 |
| 0.4% of the number of votes cast in that district for the |
22 |
| candidate for his or her political party for the office of |
23 |
| Governor at the last general election at which a Governor was |
24 |
| elected, but in no event less than 500 signatures. If a |
25 |
| candidate seeks to run for judicial office in a
circuit or |
26 |
| subcircuit, then the candidate's petition for nomination
must |
27 |
| contain the number of signatures equal to 0.25% of the number |
28 |
| of votes
cast for the judicial candidate of his or her |
29 |
| political party who received the
highest number of votes
at the |
30 |
| last general election at which a judicial
officer from the same |
31 |
| circuit or subcircuit was regularly scheduled
to be elected, |
32 |
| but in no event less than 500 signatures.
|
33 |
| (i) Precinct, ward, and township committeeperson. If a |
34 |
| candidate seeks to
run for precinct committeeperson, then the |
35 |
| candidate's petition for nomination
must contain at least 10 |
36 |
| signatures of the primary electors of his or her
party for the |
|
|
|
HB4177 |
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1 |
| precinct. If a candidate seeks to run for ward committeeperson,
|
2 |
| then the candidate's petition for nomination must contain no |
3 |
| less than the
number of signatures equal to 10% of the primary |
4 |
| electors of his or her party
of the ward, but no more than 16% |
5 |
| of those same electors; provided that the
maximum number of |
6 |
| signatures may be 50 more than the minimum number, whichever
is |
7 |
| greater. If a candidate seeks to run for township |
8 |
| committeeperson, then the
candidate's petition for nomination |
9 |
| must contain no less than the number of
signatures equal to 5% |
10 |
| of the primary electors of his or her party of the
township, |
11 |
| but no more than 8% of those same electors;
provided that the |
12 |
| maximum number of signatures may be 50 more than the
minimum |
13 |
| number, whichever is greater.
|
14 |
| (j) State's attorney or regional superintendent of schools |
15 |
| for multiple
counties. If
a candidate seeks to run for State's |
16 |
| attorney or regional Superintendent of
Schools who serves more |
17 |
| than one county, then the candidate's petition for
nomination |
18 |
| must contain at least the number of signatures equal to 0.5% of |
19 |
| the
primary electors of his or her party in the territory |
20 |
| comprising the counties.
|
21 |
| (k) Any other office. If a candidate seeks any other |
22 |
| office, then the
candidate's petition for nomination must |
23 |
| contain at least the number of
signatures equal to 0.5% of the |
24 |
| registered voters of the political subdivision,
district, or |
25 |
| division for which the nomination is made or 25 signatures,
|
26 |
| whichever is greater.
|
27 |
| For purposes of this Section the number of primary electors |
28 |
| shall be
determined by taking the total vote cast, in the |
29 |
| applicable district, for the
candidate for that political party |
30 |
| who received the highest number of votes,
statewide, at the |
31 |
| last general election in the State at which electors for
|
32 |
| President of the United States were elected. For political |
33 |
| subdivisions, the
number of primary electors shall be |
34 |
| determined by taking the total vote
cast for the candidate for |
35 |
| that political party who received the highest number
of votes |
36 |
| in the political subdivision at the last regular election at |
|
|
|
HB4177 |
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1 |
| which an
officer was regularly scheduled to be elected from |
2 |
| that subdivision. For wards
or districts of political |
3 |
| subdivisions, the number of primary electors shall be
|
4 |
| determined by taking the total vote cast for the candidate for |
5 |
| that political
party who received the highest number of votes |
6 |
| in the ward or district at the
last regular election at which |
7 |
| an officer was regularly scheduled to be elected
from that ward |
8 |
| or district.
|
9 |
| A "qualified primary elector" of a party may not
sign |
10 |
| petitions for or be a candidate in the primary of more than
one |
11 |
| party.
|
12 |
| The changes made to this Section of this amendatory Act of |
13 |
| the 93rd General
Assembly are declarative of existing law, |
14 |
| except for item (3) of subsection
(d).
|
15 |
| Petitions of candidates for nomination for offices herein |
16 |
| specified,
to be filed with the same officer, may contain the |
17 |
| names of 2 or more
candidates of the same political party for |
18 |
| the same or different
offices.
|
19 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
|
20 |
| (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
|
21 |
| Sec. 7-12. All petitions for nomination shall be filed by |
22 |
| mail or
in person as follows:
|
23 |
| (1) Where the nomination is to be made for a State, |
24 |
| congressional, or
judicial office, or for any office a |
25 |
| nomination for which is made for a
territorial division or |
26 |
| district which comprises more than one county or
is partly in |
27 |
| one county and partly in another county or counties, then,
|
28 |
| except as otherwise provided in this Section, such petition for |
29 |
| nomination
shall be filed in the principal office of the State |
30 |
| Board of Elections not
more than 99 and not less than 92 days |
31 |
| prior to the date of the primary,
but, in the case of petitions |
32 |
| for nomination to fill a vacancy by special
election in the |
33 |
| office of representative in Congress from this State, such
|
34 |
| petition for nomination shall be filed in the principal office |
35 |
| of the State
Board of Elections not more than 57 days and not |
|
|
|
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1 |
| less than 50 days prior to
the date of the primary.
|
2 |
| Where a vacancy occurs in the office of Supreme, Appellate |
3 |
| or Circuit
Court Judge within the 3-week period preceding the |
4 |
| 92nd day before a
general primary election, petitions for |
5 |
| nomination for the office in which
the vacancy has occurred |
6 |
| shall be filed in the principal office of the
State Board of |
7 |
| Elections not more than 78 nor less than 71 days prior to
the |
8 |
| date of the general primary election.
|
9 |
| Where the nomination is to be made for delegates or |
10 |
| alternate
delegates to a national nominating convention, then |
11 |
| such petition for
nomination shall be filed in the principal |
12 |
| office of the State Board of
Elections not more than 99 and not |
13 |
| less than 92 days prior to the date of
the primary; provided, |
14 |
| however, that if the rules or policies of a national
political |
15 |
| party conflict with such requirements for filing petitions for
|
16 |
| nomination for delegates or alternate delegates to a national |
17 |
| nominating
convention, the chairman of the State central |
18 |
| committee of such national
political party shall notify the |
19 |
| Board in writing, citing by reference the
rules or policies of |
20 |
| the national political party in conflict, and in such
case the |
21 |
| Board shall direct such petitions to be filed not more than 69 |
22 |
| and
not less than 62 days prior to the date of the primary.
|
23 |
| (2) Where the nomination is to be made for a county office |
24 |
| or trustee
of a sanitary district then such petition shall be |
25 |
| filed in the office
of the county clerk not more than 99 nor |
26 |
| less than 92 days prior to the
date of the primary.
|
27 |
| (3) Where the nomination is to be made for a municipal or |
28 |
| township
office, such petitions for nomination shall be filed |
29 |
| in the office of
the local election official, not more than 78 |
30 |
| nor less than 71 days
prior to the date of the primary; |
31 |
| provided, where a municipality's or
township's boundaries are |
32 |
| coextensive with or are entirely within the
jurisdiction of a |
33 |
| municipal board of election commissioners, the petitions
shall |
34 |
| be filed in the office of such board; and provided, that |
35 |
| petitions
for the office of multi-township assessor shall be |
36 |
| filed with the election
authority.
|
|
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1 |
| (4) The petitions of candidates for State central |
2 |
| committeeperson
committeeman shall
be filed in the principal |
3 |
| office of the State Board of Elections not
more than 99 nor |
4 |
| less than 92 days prior to the date of the primary.
|
5 |
| (5) Petitions of candidates for precinct, township or ward
|
6 |
| committeepersons
committeemen shall be filed in the office of |
7 |
| the county clerk not more
than 99 nor less than 92 days prior |
8 |
| to the date of the primary.
|
9 |
| (6) The State Board of Elections and the various election |
10 |
| authorities
and local election officials with whom such |
11 |
| petitions for nominations
are filed shall specify the place |
12 |
| where filings shall be made and upon
receipt shall endorse |
13 |
| thereon the day and hour on which each petition
was filed. All |
14 |
| petitions filed by persons waiting in line as of 8:00
a.m. on |
15 |
| the first day for filing, or as of the normal opening hour of
|
16 |
| the office involved on such day, shall be deemed filed as of |
17 |
| 8:00 a.m.
or the normal opening hour, as the case may be. |
18 |
| Petitions filed by mail
and received after midnight of the |
19 |
| first day for filing and in the first
mail delivery or pickup |
20 |
| of that day shall be deemed as filed as of 8:00
a.m. of that day |
21 |
| or as of the normal opening hour of such day, as the
case may |
22 |
| be. All petitions received thereafter shall be deemed as filed
|
23 |
| in the order of actual receipt. Where 2 or more petitions are |
24 |
| received
simultaneously, the State Board of Elections or the |
25 |
| various election
authorities or local election officials with |
26 |
| whom such petitions are
filed shall break ties and determine |
27 |
| the order of filing, by means of a
lottery or other fair and |
28 |
| impartial method of random selection approved
by the State |
29 |
| Board of Elections. Such lottery shall be conducted within
9 |
30 |
| days following the last day for petition filing and shall be |
31 |
| open to the
public. Seven days written notice of the time and |
32 |
| place of conducting such
random selection shall be given by the |
33 |
| State Board of Elections to the
chairman of the State central |
34 |
| committee of each established political
party, and by each |
35 |
| election authority or local election official, to the
County |
36 |
| Chairman of each established political party, and to each
|
|
|
|
HB4177 |
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1 |
| organization of citizens within the election jurisdiction |
2 |
| which was
entitled, under this Article, at the next preceding |
3 |
| election, to have
pollwatchers present on the day of election. |
4 |
| The State Board of Elections,
election authority or local |
5 |
| election official shall post in a conspicuous,
open and public |
6 |
| place, at the entrance of the office, notice of the time
and |
7 |
| place of such lottery. The State Board of Elections shall adopt |
8 |
| rules
and regulations governing the procedures for the conduct |
9 |
| of such lottery.
All candidates shall be certified in the order |
10 |
| in which their petitions
have been filed. Where candidates have |
11 |
| filed simultaneously, they shall be
certified in the order |
12 |
| determined by lot and prior to candidates who filed
for the |
13 |
| same office at a later time.
|
14 |
| (7) The State Board of Elections or the appropriate |
15 |
| election
authority or local election official with whom such a |
16 |
| petition for
nomination is filed shall notify the person for |
17 |
| whom a petition for
nomination has been filed of the obligation |
18 |
| to file statements of
organization, reports of campaign |
19 |
| contributions, and annual reports of
campaign contributions |
20 |
| and expenditures under Article 9 of this Act.
Such notice shall |
21 |
| be given in the manner prescribed by paragraph (7) of
Section |
22 |
| 9-16 of this Code.
|
23 |
| (8) Nomination papers filed under this Section are not |
24 |
| valid if the
candidate named therein fails to file a statement |
25 |
| of economic interests
as required by the Illinois Governmental |
26 |
| Ethics Act in relation to his
candidacy with the appropriate |
27 |
| officer by the end of the period for the
filing of nomination |
28 |
| papers unless he has filed a statement of economic
interests in |
29 |
| relation to the same governmental unit with that officer
within |
30 |
| a year preceding the date on which such nomination papers were
|
31 |
| filed. If the nomination papers of any candidate and the |
32 |
| statement of
economic interest of that candidate are not |
33 |
| required to be filed with
the same officer, the candidate must |
34 |
| file with the officer with whom the
nomination papers are filed |
35 |
| a receipt from the officer with whom the
statement of economic |
36 |
| interests is filed showing the date on which such
statement was |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
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1 |
| filed. Such receipt shall be so filed not later than the
last |
2 |
| day on which nomination papers may be filed.
|
3 |
| (9) Any person for whom a petition for nomination, or for |
4 |
| committeeperson
committeeman or
for delegate or alternate |
5 |
| delegate to a national nominating convention has
been filed may |
6 |
| cause his name to be withdrawn by request in writing, signed
by |
7 |
| him and duly acknowledged before an officer qualified to take
|
8 |
| acknowledgments of deeds, and filed in the principal or |
9 |
| permanent branch
office of the State Board of Elections or with |
10 |
| the appropriate election
authority or local election official, |
11 |
| not later than the date of
certification of candidates for the |
12 |
| consolidated primary or general primary
ballot. No names so |
13 |
| withdrawn shall be certified or printed on the
primary ballot. |
14 |
| If petitions for nomination have been filed for the
same person |
15 |
| with respect to more than one political party, his name
shall |
16 |
| not be certified nor printed on the primary ballot of any |
17 |
| party.
If petitions for nomination have been filed for the same |
18 |
| person for 2 or
more offices which are incompatible so that the |
19 |
| same person could not
serve in more than one of such offices if |
20 |
| elected, that person must
withdraw as a candidate for all but |
21 |
| one of such offices within the
5 business days following the |
22 |
| last day for petition filing. If he fails to
withdraw as a |
23 |
| candidate for all but one of such offices within such time
his |
24 |
| name shall not be certified, nor printed on the primary ballot, |
25 |
| for any
office. For the purpose of the foregoing provisions, an |
26 |
| office in a
political party is not incompatible with any other |
27 |
| office.
|
28 |
| (10) (a) Notwithstanding the provisions of any other |
29 |
| statute, no primary
shall be held for an established |
30 |
| political party in any township,
municipality, or ward |
31 |
| thereof, where the nomination of such
party for every |
32 |
| office to be voted upon by the electors of such
township, |
33 |
| municipality, or ward thereof, is uncontested. Whenever a
|
34 |
| political party's nomination of candidates is uncontested |
35 |
| as to one or
more, but not all, of the offices to be voted |
36 |
| upon by the electors of a
township, municipality, or ward |
|
|
|
HB4177 |
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|
1 |
| thereof, then a primary shall
be held for that party in |
2 |
| such township, municipality, or ward thereof;
provided |
3 |
| that the primary ballot shall not include those offices
|
4 |
| within such township, municipality, or ward thereof, for |
5 |
| which the
nomination is uncontested. For purposes of this |
6 |
| Article, the nomination
of an established political party |
7 |
| of a candidate for election to an office
shall be deemed to |
8 |
| be uncontested where not more than the number of persons
to |
9 |
| be nominated have timely filed valid nomination papers |
10 |
| seeking the
nomination of such party for election to such |
11 |
| office.
|
12 |
| (b) Notwithstanding the provisions of any other |
13 |
| statute, no primary
election shall be held for an |
14 |
| established political party for any special
primary |
15 |
| election called for the purpose of filling a vacancy in the |
16 |
| office
of representative in the United States Congress |
17 |
| where the nomination of
such political party for said |
18 |
| office is uncontested. For the purposes of
this Article, |
19 |
| the nomination of an established political party of a
|
20 |
| candidate for election to said office shall be deemed to be |
21 |
| uncontested
where not more than the number of persons to be |
22 |
| nominated have timely filed
valid nomination papers |
23 |
| seeking the nomination of such established party
for |
24 |
| election to said office. This subsection (b) shall not |
25 |
| apply if such
primary election is conducted on a regularly |
26 |
| scheduled election day.
|
27 |
| (c) Notwithstanding the provisions in subparagraph (a) |
28 |
| and (b) of this
paragraph (10), whenever a person who has |
29 |
| not timely filed valid nomination
papers and who intends to |
30 |
| become a write-in candidate for a political
party's |
31 |
| nomination for any office for which the nomination is |
32 |
| uncontested
files a written statement or notice of that |
33 |
| intent with the State Board of
Elections or the local |
34 |
| election official with whom nomination papers for
such |
35 |
| office are filed, a primary ballot shall be prepared and a |
36 |
| primary
shall be held for that office. Such statement or |
|
|
|
HB4177 |
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|
|
1 |
| notice shall be filed on
or before the date established in |
2 |
| this Article for certifying candidates
for the primary |
3 |
| ballot. Such statement or notice shall contain (i) the
name |
4 |
| and address of the person intending to become a write-in |
5 |
| candidate,
(ii) a statement that the person is a qualified |
6 |
| primary elector of the
political party from whom the |
7 |
| nomination is sought, (iii) a statement that
the person |
8 |
| intends to become a write-in candidate for the party's
|
9 |
| nomination, and (iv) the office the person is seeking as a |
10 |
| write-in
candidate. An election authority shall have no |
11 |
| duty to conduct a primary
and prepare a primary ballot for |
12 |
| any office for which the nomination is
uncontested unless a |
13 |
| statement or notice meeting the requirements of this
|
14 |
| Section is filed in a timely manner.
|
15 |
| (11) If multiple sets of nomination papers are filed for a |
16 |
| candidate to
the same office, the State Board of Elections, |
17 |
| appropriate election
authority or local election official |
18 |
| where the petitions are filed shall
within 2 business days |
19 |
| notify the candidate of his or her multiple petition
filings |
20 |
| and that the candidate has 3 business days after receipt of the
|
21 |
| notice to notify the State Board of Elections, appropriate |
22 |
| election
authority or local election official that he or she |
23 |
| may cancel prior sets
of petitions. If the candidate notifies |
24 |
| the State Board of Elections,
appropriate election authority or |
25 |
| local election official, the last set of
petitions filed shall |
26 |
| be the only petitions to be considered valid by the
State Board |
27 |
| of Elections, election authority or local election official. If
|
28 |
| the candidate fails to notify the State Board of Elections, |
29 |
| election authority
or local
election official then only the |
30 |
| first set of petitions filed shall be valid
and all subsequent |
31 |
| petitions shall be void.
|
32 |
| (12) All nominating petitions shall be available for public |
33 |
| inspection
and shall be preserved for a period of not less than |
34 |
| 6 months.
|
35 |
| (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; |
36 |
| 87-1052.)
|
|
|
|
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|
1 |
| (10 ILCS 5/7-13) (from Ch. 46, par. 7-13)
|
2 |
| Sec. 7-13. The board of election commissioners in cities of |
3 |
| 500,000 or more
population having such board, shall constitute |
4 |
| an electoral board for the
hearing and passing upon objections |
5 |
| to nomination petitions for ward
committeepersons
|
6 |
| committeemen .
|
7 |
| Such objections shall be filed in the office of the county |
8 |
| clerk not
less than 81 days prior to the primary. The objection |
9 |
| shall state the name
and address of the objector, who may be |
10 |
| any qualified elector in the ward,
the specific grounds of |
11 |
| objection and the relief requested of the electoral
board. Upon |
12 |
| the receipt of the objection, the county clerk shall forthwith
|
13 |
| transmit such objection and the petition of the candidate to |
14 |
| the board of
election commissioners. The board of election |
15 |
| commissioners shall forthwith
notify the objector and |
16 |
| candidate objected to of the time and place for
hearing hereon. |
17 |
| After a hearing upon the validity of such objections, the
board |
18 |
| shall, not less than 74 days prior to the date of the primary,
|
19 |
| certify to the county clerk, its decision stating whether or |
20 |
| not the name
of the candidate shall be printed on the ballot |
21 |
| and the county clerk in his
or her certificate to the board of |
22 |
| election commissioners shall leave off
of the certificate the |
23 |
| name of the candidate for ward committeeperson
committeeman |
24 |
| that the
election commissioners order not to be printed on the |
25 |
| ballot. However, the
decision of the board of election |
26 |
| commissioners is subject to judicial
review as provided in |
27 |
| Section 10-10.1.
|
28 |
| The county electoral board composed as provided in Section |
29 |
| 10-9 shall
constitute an electoral board for the hearing and |
30 |
| passing upon objections
to nomination petitions for precinct |
31 |
| and township committeepersons
committeemen . Such
objections |
32 |
| shall be filed in the office of the county clerk not less than
|
33 |
| 81 days prior to the primary. The objection shall state the |
34 |
| name and
address of the objector who may be any qualified |
35 |
| elector in the precinct or
in the township or part of a |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
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|
1 |
| township that lies outside of a city having a
population of |
2 |
| 500,000 or more, the specific grounds of objection and the
|
3 |
| relief requested of the electoral board. Upon the receipt of |
4 |
| the objection
the county clerk shall forthwith transmit such |
5 |
| objection and the petition
of the candidate to the chairman of |
6 |
| the county electoral board. The
chairman of the county |
7 |
| electoral board shall forthwith notify the objector,
the |
8 |
| candidate whose petition is objected to and the other members |
9 |
| of the
electoral board of the time and place for hearing |
10 |
| thereon. After hearing
upon the validity of such objections the |
11 |
| board shall, not less than 74 days
prior to the date of the |
12 |
| primary, certify its decision to the county clerk
stating |
13 |
| whether or not the name of the candidate shall be printed on |
14 |
| the
ballot, and the county clerk, in his or her certificate to |
15 |
| the board of
election commissioners, shall leave off of the |
16 |
| certificate the name of the
candidate ordered by the board not |
17 |
| to be printed on the ballot, and the
county clerk shall also |
18 |
| refrain from printing on the official primary
ballot, the name |
19 |
| of any candidate whose name has been ordered by the
electoral |
20 |
| board not to be printed on the ballot. However, the decision of
|
21 |
| the board is subject to judicial review as provided in Section |
22 |
| 10-10.1.
|
23 |
| In such proceedings the electoral boards have the same |
24 |
| powers as other
electoral boards under the provisions of |
25 |
| Section 10-10 of this Act and
their decisions are subject to |
26 |
| judicial review under Section 10-10.1.
|
27 |
| (Source: P.A. 84-1308.)
|
28 |
| (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
|
29 |
| Sec. 7-17. Candidate ballot name procedures.
|
30 |
| (a) Each election authority in each county shall cause to |
31 |
| be
printed upon the general primary ballot of each party for |
32 |
| each precinct
in his jurisdiction the name of each candidate |
33 |
| whose petition for
nomination or for committeeperson
|
34 |
| committeeman has been filed in the office of the
county clerk, |
35 |
| as herein provided; and also the name of each candidate
whose |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
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|
1 |
| name has been certified to his office by the State Board of
|
2 |
| Elections, and in the order so certified, except as hereinafter
|
3 |
| provided.
|
4 |
| It shall be the duty of the election authority to cause to |
5 |
| be printed
upon the consolidated primary ballot of each |
6 |
| political party for each
precinct in his jurisdiction the name |
7 |
| of each candidate whose name has
been certified to him, as |
8 |
| herein provided and which is to be voted for
in such precinct.
|
9 |
| (b) In the designation of the name of a candidate on the |
10 |
| primary ballot
the candidate's given name or names, initial or |
11 |
| initials, a nickname by
which the candidate is commonly known, |
12 |
| or a combination thereof, may be
used in addition to the |
13 |
| candidate's surname. No other designation such
as a political |
14 |
| slogan, title, or degree, or nickname suggesting or
implying |
15 |
| possession of
a title, degree or professional status, or |
16 |
| similar information may be
used in connection
with the |
17 |
| candidate's surname, except that the title "Mrs." may be used
|
18 |
| in the case of a married woman.
For purposes of this Section, a |
19 |
| "political slogan" is defined as any
word
or words expressing |
20 |
| or connoting a position, opinion, or belief that the
candidate |
21 |
| may espouse, including but not limited to, any word or words
|
22 |
| conveying any meaning other than that of the personal identity |
23 |
| of the
candidate. A
candidate may not use a political slogan as |
24 |
| part of his or her name on the
ballot, notwithstanding that the |
25 |
| political slogan may be part of the
candidate's name.
|
26 |
| (c) The State Board of Elections, a local election |
27 |
| official, or an election
authority shall remove any candidate's |
28 |
| name designation from a ballot that is
inconsistent with |
29 |
| subsection (b) of this Section. In addition, the State Board
of |
30 |
| Elections, a local election official, or an election authority |
31 |
| shall not
certify to any election authority any candidate name |
32 |
| designation that is
inconsistent with subsection (b) of this |
33 |
| Section.
|
34 |
| (d) If the State Board of Elections, a local election |
35 |
| official, or an
election authority removes a candidate's name |
36 |
| designation from a ballot
under subsection (c) of this Section, |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| then the aggrieved candidate may
seek appropriate relief in |
2 |
| circuit court.
|
3 |
| (Source: P.A. 93-574, eff. 8-21-03.)
|
4 |
| (10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
|
5 |
| Sec. 7-19. The primary ballot of each political party for |
6 |
| each precinct shall be
arranged and printed substantially in |
7 |
| the manner following:
|
8 |
| 1. Designating words. At the top of the ballot shall be |
9 |
| printed in
large capital letters, words designating the ballot, |
10 |
| if a Republican
ballot, the designating words shall be: |
11 |
| "REPUBLICAN PRIMARY BALLOT"; if
a Democratic ballot the |
12 |
| designating words shall be: "DEMOCRATIC PRIMARY
BALLOT"; and in |
13 |
| like manner for each political party.
|
14 |
| 2. Order of Names, Directions to Voters, etc. Beginning not |
15 |
| less
than one inch below designating words, the name of each |
16 |
| office to be
filled shall be printed in capital letters. Such |
17 |
| names may be printed on
the ballot either in a single column or |
18 |
| in 2 or more columns and in the
following order, to-wit:
|
19 |
| President of the United States, State offices, |
20 |
| congressional offices,
delegates and alternate delegates to be |
21 |
| elected from the State at large
to National nominating |
22 |
| conventions, delegates and alternate delegates to
be elected |
23 |
| from congressional districts to National nominating
|
24 |
| conventions, member or members of the State central committee, |
25 |
| trustees of sanitary
districts, county offices, judicial |
26 |
| officers, city, village and
incorporated town offices, town |
27 |
| offices, or of such of the said offices
as candidates are to be |
28 |
| nominated for at such primary, and precinct,
township or ward |
29 |
| committeepersons
committeemen . If two or more columns are used, |
30 |
| the
foregoing offices to and including member of the State |
31 |
| central committee
shall be listed in the left-hand column and |
32 |
| Senatorial offices, as
defined in Section 8-3, shall be the
|
33 |
| first offices listed in the second column.
|
34 |
| Below the name of each office shall be printed in small |
35 |
| letters the
directions to voters: "Vote for one"; "Vote for |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
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|
1 |
| two"; "Vote for three";
or a spelled number designating how |
2 |
| many persons under that head are to
be voted for.
|
3 |
| Next to the name of each candidate for delegate or |
4 |
| alternate delegate
to a national nominating convention shall |
5 |
| appear either (a)
the name of the
candidate's preference for |
6 |
| President of the United States or the word
"uncommitted" or (b) |
7 |
| no official designation, depending upon the action
taken by the |
8 |
| State central committee pursuant to Section 7-10.3 of this Act.
|
9 |
| Below the name of each office shall be printed in capital |
10 |
| letters the
names of all candidates, arranged in the order in |
11 |
| which their petitions
for nominations were filed, except as |
12 |
| otherwise provided in Sections
7-14 and 7-17 of this Article. |
13 |
| Opposite and in front of the name of each
candidate shall be |
14 |
| printed a square and all squares upon the primary
ballot shall |
15 |
| be of uniform size. Spaces between the names of candidates
|
16 |
| under each office shall be uniform and sufficient spaces shall |
17 |
| separate
the names of candidates for one office from the names |
18 |
| of candidates for
another office, to avoid confusion and to |
19 |
| permit the writing in of the
names of other candidates.
|
20 |
| Where voting machines or electronic voting systems are |
21 |
| used, the
provisions of this Section may be modified as |
22 |
| required or authorized by
Article 24 or Article 24A, whichever |
23 |
| is applicable.
|
24 |
| (Source: P.A. 83-33.)
|
25 |
| (10 ILCS 5/7-25) (from Ch. 46, par. 7-25)
|
26 |
| Sec. 7-25. The tally sheets for each political party |
27 |
| participating in the
primary election shall be substantially in |
28 |
| the following form:
|
29 |
| "Tally sheet for ....(name of political party) for the .... |
30 |
| precinct, in
the county of .... for a primary held on the .... |
31 |
| day of .... A.D. ....."
|
32 |
| The names of candidates for nomination and for State |
33 |
| central
committeepersons
committeemen , township, and precinct |
34 |
| and ward committeepersons
committeemen , and delegates
and |
35 |
| alternate delegates to National nominating conventions, shall |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| be placed
on the tally sheets of each political party by the |
2 |
| primary judges, in the
order in which they appear on the |
3 |
| ballot.
|
4 |
| (Source: Laws 1957, p. 1450.)
|
5 |
| (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
|
6 |
| Sec. 7-46. On receiving from the primary judges a primary |
7 |
| ballot of his
party, the primary elector shall forthwith and |
8 |
| without leaving the polling
place, retire alone to one of the |
9 |
| voting booths and prepare such primary
ballot by marking a |
10 |
| cross (X) in the square in front of and opposite the
name of |
11 |
| each candidate of his choice for each office to be filled, and |
12 |
| for
delegates and alternate delegates to national nominating |
13 |
| conventions, and
for committeepersons
committeemen , if |
14 |
| committeepersons
committeemen are being elected at such |
15 |
| primary.
|
16 |
| Any primary elector may, instead of voting for any |
17 |
| candidate for
nomination or for committeeperson
committeeman |
18 |
| or for delegate or alternate delegate to
national nominating |
19 |
| conventions, whose name is printed on the primary
ballot, write |
20 |
| in the name of any other person affiliated with such party as
a |
21 |
| candidate for the nomination for any office, or for |
22 |
| committeeperson
committeeman , or for
delegates or alternate |
23 |
| delegates to national nominating conventions, and
indicate his |
24 |
| choice of such candidate or committeeperson
committeeman or |
25 |
| delegate or
alternate delegate, by placing to the left of and |
26 |
| opposite the name thus
written a square and placing in the |
27 |
| square a cross (X).
|
28 |
| Where voting machines or electronic voting systems are |
29 |
| used, the
provisions of this section may be modified as |
30 |
| required or authorized by
Article 24 or Article 24A, whichever |
31 |
| is applicable.
|
32 |
| (Source: Laws 1965, p. 2220.)
|
33 |
| (10 ILCS 5/7-51) (from Ch. 46, par. 7-51)
|
34 |
| Sec. 7-51. If the primary elector marks more names upon the |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| primary
ballot than there are persons to be nominated as |
2 |
| candidates for an
office, or for State central committeepersons
|
3 |
| committeemen , or precinct committeepersons
committeemen , or
|
4 |
| township committeepersons
committeemen , or ward |
5 |
| committeepersons
committeemen , or delegates or alternate
|
6 |
| delegates to National nominating conventions, or if for any |
7 |
| reason it is
impossible to determine the primary elector's |
8 |
| choice of a candidate for
the nomination for an office, or |
9 |
| committeeperson
committeeman , or delegate, his primary
ballot |
10 |
| shall not be counted for the nomination for such office or
|
11 |
| committeeperson
committeeman .
|
12 |
| No primary ballot, without the endorsement of the judge's |
13 |
| initials
thereon, shall be counted.
|
14 |
| No judge shall omit to endorse his initials on a primary |
15 |
| ballot, as
required by this Article, nor shall any person not |
16 |
| authorized so to do
initial a primary ballot knowing that he is |
17 |
| not so authorized.
|
18 |
| Primary ballots not counted shall be marked "defective" on |
19 |
| the back
thereof; and primary ballots to which objections have |
20 |
| been made by
either of the primary judges or challengers shall |
21 |
| be marked "objected
to" on the back thereof; and a memorandum, |
22 |
| signed by the primary judges,
stating how it was counted, shall |
23 |
| be written on the back of each primary
ballot so marked; and |
24 |
| all primary ballots marked "defective" or
"objected to" shall |
25 |
| be enclosed in an envelope and securely sealed, and
so marked |
26 |
| and endorsed as to clearly disclose its contents. The envelope
|
27 |
| to be used for enclosing ballots marked "defective" or |
28 |
| "objected to"
shall bear upon its face, in not less than 1 1/2 |
29 |
| inch type, the legend:
"This envelope is for use after 6:00 |
30 |
| P.M. only." The envelope to be used
for enclosing ballots |
31 |
| spoiled by voters while attempting to vote shall
bear upon its |
32 |
| face, in not less than 1 1/2 inch type, the legend: "This
|
33 |
| envelope is for use before 6:00 P.M. only."
|
34 |
| All primary ballots not voted, and all that have been |
35 |
| spoiled by
voters while attempting to vote, shall be returned |
36 |
| to the proper election authority
by the primary judges, and a |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| receipt taken therefor, and shall be
preserved 2 months. Such |
2 |
| official shall keep a record of the number of
primary ballots |
3 |
| delivered for each polling place, and he or they shall
also |
4 |
| enter upon such record the number and character of primary |
5 |
| ballots
returned, with the time when and the persons by whom |
6 |
| they are returned.
|
7 |
| (Source: P.A. 80-1469.)
|
8 |
| (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
|
9 |
| Sec. 7-53. As soon as the ballots of a political party |
10 |
| shall have
been read and the votes of the political party |
11 |
| counted, as provided in
the last above section, the 3 judges in |
12 |
| charge of the tally sheets shall
foot up the tally sheets so as |
13 |
| to show the total number of votes cast
for each candidate of |
14 |
| the political party and for each candidate for
State Central |
15 |
| committeeperson
committeeman and precinct committeeperson
|
16 |
| committeeman , township
committeeperson
committeeman or ward |
17 |
| committeeperson
committeeman , and delegate and alternate |
18 |
| delegate
to National nominating conventions, and certify the |
19 |
| same to be correct.
Thereupon, the primary judges shall set |
20 |
| down in a certificate of results
on the tally sheet, under the |
21 |
| name of the political party, the name of
each candidate voted |
22 |
| for upon the primary ballot, written at full
length, the name |
23 |
| of the office for which he is a candidate for
nomination or for |
24 |
| committeeperson
committeeman , or delegate or alternate |
25 |
| delegate to
National nominating conventions, the total number |
26 |
| of votes which the
candidate received, and they shall also set |
27 |
| down the total number of
ballots voted by the primary electors |
28 |
| of the political party in the
precinct. The certificate of |
29 |
| results shall be made substantially in the
following form:
|
30 |
| ................ Party
|
31 |
| At the primary election held in the .... precinct of the |
32 |
| (1) *township of
...., or (2) *City of ...., or (3) *.... ward |
33 |
| in the city of .... on (insert
date), the primary electors of |
34 |
| the ....
party voted .... ballots, and the respective |
35 |
| candidates whose names were
written or printed on the primary |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| ballot of the .... party, received
respectively the following |
2 |
| votes:
|
|
3 | | Name of |
|
No. of |
|
4 | | Candidate, |
Title of Office, |
Votes |
|
5 | | John Jones |
Governor |
100 |
|
6 | | Sam Smith |
Governor |
70 |
|
7 | | Frank Martin |
Attorney General |
150 |
|
8 | | William Preston |
Rep. in Congress |
200 |
|
9 | | Frederick John |
Circuit Judge |
50 |
|
10 |
| *Fill in either (1), (2) or (3).
|
11 |
| And so on for each candidate.
|
12 |
| We hereby certify the above and foregoing to be true and |
13 |
| correct.
|
14 |
| Dated (insert date).
|
15 |
| ...................................
|
16 |
| Name
Address
|
17 |
| ...................................
|
18 |
| Name
Address
|
19 |
| ...................................
|
20 |
| Name
Address
|
21 |
| ...................................
|
22 |
| Name
Address
|
23 |
| ...................................
|
24 |
| Name
Address
|
25 |
| Judges of Primary
|
26 |
| |
27 |
| Where voting machines or electronic voting systems are |
28 |
| used, the
provisions of this Section may be modified as |
29 |
| required or authorized by
Article 24 and Article 24A, whichever |
30 |
| is applicable.
|
31 |
| (Source: P.A. 91-357, eff. 7-29-99 .)
|
32 |
| (10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
|
33 |
| Sec. 7-56. As soon as complete returns are delivered to the |
34 |
| proper election
authority, the returns shall be canvassed for |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| all primary elections as follows. The election authority acting |
2 |
| as the canvassing board
pursuant to Section 1-8 of this Code |
3 |
| shall also open
and canvass the returns of a primary. Upon the
|
4 |
| completion of the canvass of the returns by the election |
5 |
| authority,
the election authority shall make a tabulated |
6 |
| statement of the returns
for each political party separately, |
7 |
| stating in appropriate columns and
under proper headings, the |
8 |
| total number of votes cast in said county for
each candidate |
9 |
| for nomination or election by said party, including candidates |
10 |
| for
President of the United States and for State central |
11 |
| committeepersons
committeemen , and
for delegates and alternate |
12 |
| delegates to National nominating
conventions, and for precinct |
13 |
| committeepersons
committeemen , township committeepersons
|
14 |
| committeemen , and
for ward committeepersons
committeemen . |
15 |
| Within 2 days after the completion of said
canvass by the |
16 |
| election authority, the county clerk shall mail to the
State |
17 |
| Board of Elections a certified copy of such tabulated statement |
18 |
| of
returns. The
election authority said officers shall also |
19 |
| determine and set down as to each precinct the
number of |
20 |
| ballots voted by the primary electors of each party at the |
21 |
| primary.
|
22 |
| In the case of the nomination or election of candidates for |
23 |
| offices,
including President of the United States and the State |
24 |
| central
committeepersons
committeemen , and delegates and |
25 |
| alternate delegates to National
nominating conventions, |
26 |
| certified tabulated statement of returns for
which are filed |
27 |
| with the State Board of Elections, said returns shall be
|
28 |
| canvassed by the election authority. And, provided, further, |
29 |
| that within 5 days after
said returns shall be canvassed by the |
30 |
| said Board, the Board shall cause
to be published in one daily |
31 |
| newspaper of general circulation at the
seat of the State |
32 |
| government in Springfield a certified statement of the
returns |
33 |
| filed in its office, showing the total vote cast in the State
|
34 |
| for each candidate of each political party for President of the |
35 |
| United
States, and showing the total vote for each candidate of |
36 |
| each political
party for President of the United States, cast |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| in each of the several
congressional districts in the State.
|
2 |
| Within 48 hours of conducting a canvass, as required
by |
3 |
| this Code, of the consolidated
primary, the election authority |
4 |
| shall deliver
an original certificate of results to each local |
5 |
| election official, with
respect to whose political |
6 |
| subdivisions nominations were made at such primary,
for each |
7 |
| precinct in his jurisdiction in which such nominations were on
|
8 |
| the ballot. Such original certificate of results need not |
9 |
| include any offices
or nominations for any other political |
10 |
| subdivisions. 21
|
11 |
| (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; |
12 |
| revised 8-29-05.)
|
13 |
| (10 ILCS 5/7-58) (from Ch. 46, par. 7-58)
|
14 |
| Sec. 7-58. Each county clerk or board of election
|
15 |
| commissioners shall, upon completion of the
canvassing of the |
16 |
| returns, make and transmit to the State Board of
Elections and |
17 |
| to each election authority whose duty it is to print the
|
18 |
| official ballot for the election for which the nomination is |
19 |
| made a
proclamation of the results of the primary. The |
20 |
| proclamation shall state
the name of each candidate of each |
21 |
| political party so
nominated or elected, as shown by the |
22 |
| returns, together with the name of
the office for which he or |
23 |
| she was nominated or elected, including precinct,
township and |
24 |
| ward committeepersons
committeemen , and including in the case |
25 |
| of the State
Board of Elections, candidates for State central |
26 |
| committeepersons
committeemen , and
delegates and alternate |
27 |
| delegates to National nominating conventions. If
a notice of |
28 |
| contest is filed, the election authority shall, within one
|
29 |
| business day after receiving a certified copy of the court's |
30 |
| judgment or
order, amend its proclamation accordingly and |
31 |
| proceed to file an amended
proclamation with the appropriate |
32 |
| election authorities and with the State
Board of Elections.
|
33 |
| The State Board of Elections shall issue a certificate of
|
34 |
| election to each of the persons shown by the returns and the
|
35 |
| proclamation thereof to be elected State central |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| committeepersons
committeemen , and
delegates and alternate |
2 |
| delegates to National nomination conventions;
and the county |
3 |
| clerk shall issue a certificate of election to each
person |
4 |
| shown by the returns to be elected precinct, township or ward
|
5 |
| committeeperson
committeeman . The certificate issued to such |
6 |
| precinct committeeperson
committeeman shall
state the number |
7 |
| of ballots voted in his or her precinct by the primary
electors |
8 |
| of his or her party at the primary at which he or she was |
9 |
| elected. The
certificate issued to such township |
10 |
| committeeperson
committeeman shall state the number
of ballots |
11 |
| voted in his or her township or part of a township, as the case |
12 |
| may
be, by the primary electors of his or her party at the |
13 |
| primary at which he or she was
elected. The certificate issued |
14 |
| to such ward committeeperson
committeeman shall state
the |
15 |
| number of ballots voted in his or her ward by the primary |
16 |
| electors of his or her
party at the primary at which he or she |
17 |
| was elected.
|
18 |
| (Source: P.A. 94-647, eff. 1-1-06.)
|
19 |
| (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
|
20 |
| Sec. 7-59. (a) The person receiving the highest number of |
21 |
| votes at a
primary as a candidate of a party for the nomination |
22 |
| for an office shall
be the candidate of that party for such |
23 |
| office, and his name as such
candidate shall be placed on the |
24 |
| official ballot at the election then
next ensuing; provided, |
25 |
| that where there are two or more persons to be
nominated for |
26 |
| the same office or board, the requisite number of persons
|
27 |
| receiving the highest number of votes shall be nominated and |
28 |
| their names
shall be placed on the official ballot at the |
29 |
| following election.
|
30 |
| Except as otherwise provided by Section 7-8 of this Act, |
31 |
| the
person receiving the highest number of votes of his party |
32 |
| for
State central committeeperson
committeeman of his |
33 |
| congressional district shall be
declared elected State central |
34 |
| committeeperson
committeeman from said congressional
district.
|
35 |
| Unless a national political party specifies that delegates |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| and
alternate delegates to a National nominating convention be |
2 |
| allocated by
proportional selection representation according |
3 |
| to the results of a
Presidential preference primary, the |
4 |
| requisite number of persons
receiving the highest number of |
5 |
| votes of their party for delegates and
alternate delegates to |
6 |
| National nominating conventions from the State at
large, and |
7 |
| the requisite number of persons receiving the highest number of
|
8 |
| votes of their party for delegates and alternate delegates to |
9 |
| National
nominating conventions in their respective |
10 |
| congressional districts shall be
declared elected delegates |
11 |
| and alternate delegates to the National
nominating conventions |
12 |
| of their party.
|
13 |
| A political party which elects the members to its State |
14 |
| Central Committee
by Alternative B under paragraph (a) of |
15 |
| Section 7-8 shall select its
congressional district delegates |
16 |
| and alternate delegates to its national
nominating convention |
17 |
| by proportional selection representation according to
the |
18 |
| results of a Presidential preference primary in each |
19 |
| congressional
district in the manner provided by the rules of |
20 |
| the national political
party and the State Central Committee, |
21 |
| when the rules and policies of the
national political party so |
22 |
| require.
|
23 |
| A political party which elects the members to its State |
24 |
| Central Committee
by Alternative B under paragraph (a) of |
25 |
| Section 7-8 shall select its
at large delegates and alternate |
26 |
| delegates to its national
nominating convention by |
27 |
| proportional selection representation according to
the results |
28 |
| of a Presidential preference primary in the whole State in the
|
29 |
| manner provided by the rules of the national political party |
30 |
| and the State
Central Committee, when the rules and policies of |
31 |
| the national political
party so require.
|
32 |
| The person receiving the highest number of votes of his |
33 |
| party for
precinct committeeperson
committeeman of his |
34 |
| precinct shall be declared elected precinct
committeeperson
|
35 |
| committeeman from said precinct.
|
36 |
| The person receiving the highest number of votes of his |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| party for
township committeeperson
committeeman of his |
2 |
| township or part of a township as the case
may be, shall be |
3 |
| declared elected township committeeperson
committeeman from |
4 |
| said
township or part of a township as the case may be. In |
5 |
| cities where ward
committeepersons
committeemen are elected, |
6 |
| the person receiving the highest number of
votes of his party |
7 |
| for ward committeeperson
committeeman of his ward shall be |
8 |
| declared
elected ward committeeperson
committeeman from said |
9 |
| ward.
|
10 |
| When two or more persons receive an equal and the highest |
11 |
| number of
votes for the nomination for the same office or for |
12 |
| committeeperson
committeeman of the
same political party, or |
13 |
| where more than one person of the same
political party is to be |
14 |
| nominated as a candidate for office or
committeeperson
|
15 |
| committeeman , if it appears that more than the number of |
16 |
| persons to be
nominated for an office or elected |
17 |
| committeeperson
committeeman have the highest and an
equal |
18 |
| number of votes for the nomination for the same office or for
|
19 |
| election as committeeperson
committeeman , the election |
20 |
| authority by which the returns of the primary
are canvassed |
21 |
| shall decide by lot which of said persons shall be
nominated or |
22 |
| elected, as the case may be. In such case the election |
23 |
| authority shall issue notice in writing to such persons of such |
24 |
| tie vote
stating therein the place, the day (which shall not be |
25 |
| more than 5 days thereafter) and the hour when such nomination |
26 |
| or election shall
be so determined.
|
27 |
| (b) Write-in votes shall be counted only for persons who |
28 |
| have filed
notarized declarations of intent to be write-in |
29 |
| candidates with the proper
election authority or authorities |
30 |
| not later than 5:00 p.m. on the
Tuesday
immediately preceding |
31 |
| the primary.
|
32 |
| Forms for the declaration of intent to be a write-in |
33 |
| candidate shall be
supplied by the election authorities. Such |
34 |
| declaration shall specify the
office for which the person seeks |
35 |
| nomination or election as a write-in
candidate.
|
36 |
| The election authority or authorities shall deliver a list |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| of all persons
who have filed such declarations to the election |
2 |
| judges in the appropriate
precincts prior to the primary.
|
3 |
| (c) (1) Notwithstanding any other provisions of this |
4 |
| Section, where
the number of candidates whose names have been |
5 |
| printed on a party's
ballot for nomination for or election to |
6 |
| an office at a primary is less
than the number of persons the |
7 |
| party is entitled to nominate for or elect
to the office at the |
8 |
| primary, a person whose name was not printed on the
party's |
9 |
| primary ballot as a candidate for nomination for or election to |
10 |
| the
office, is not nominated for or elected to that office as a |
11 |
| result of a
write-in vote at the primary unless the number of |
12 |
| votes he received equals
or exceeds the number of signatures |
13 |
| required on a petition for nomination
for that office; or |
14 |
| unless the number of votes he receives exceeds the
number of |
15 |
| votes received by at least one of the candidates whose names |
16 |
| were
printed on the primary ballot for nomination for or |
17 |
| election to the same
office.
|
18 |
| (2) Paragraph (1) of this subsection does not apply where |
19 |
| the number
of candidates whose names have been printed on the |
20 |
| party's ballot for
nomination for or election to the office at |
21 |
| the primary equals or exceeds
the number of persons the party |
22 |
| is entitled to nominate for or elect to the
office at the |
23 |
| primary.
|
24 |
| (Source: P.A. 94-647, eff. 1-1-06.)
|
25 |
| (10 ILCS 5/8-5) (from Ch. 46, par. 8-5)
|
26 |
| Sec. 8-5. There shall be constituted one legislative |
27 |
| committee for each
political party in each legislative district |
28 |
| and one representative committee
for each political party in |
29 |
| each representative district. Legislative and
representative |
30 |
| committees shall be composed as follows:
|
31 |
| In legislative or representative districts within or |
32 |
| including a portion
of any county containing 2,000,000 or more |
33 |
| inhabitants, the legislative
or representative committee of a
|
34 |
| political party shall consist of the committeepersons
|
35 |
| committeemen of such party
representing each township or ward |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| of such county any portion of which
township or ward is |
2 |
| included within such legislative or representative
district |
3 |
| and the
chairman of each county central committee of such party |
4 |
| of any county
containing less than 2,000,000 inhabitants any |
5 |
| portion of which county
is included within such legislative or |
6 |
| representative district.
|
7 |
| In the remainder of the State, the legislative or |
8 |
| representative committee
of a political
party shall consist of |
9 |
| the chairman of each county central committee of
such party, |
10 |
| any portion of which county is included within such
legislative |
11 |
| or representative district; but if a legislative or |
12 |
| representative
district comprises only one
county, or part of a |
13 |
| county, its legislative or representative committee
shall |
14 |
| consist of
the chairman of the county central committee and 2 |
15 |
| members of the county
central committee who reside in the |
16 |
| legislative or representative district,
as the case may be, |
17 |
| elected by the county central committee.
|
18 |
| Within 180 days after the primary of the even-numbered year |
19 |
| immediately
following the decennial redistricting required by |
20 |
| Section 3 of Article IV
of the Illinois Constitution of 1970, |
21 |
| the ward committeepersons
committeemen , township
|
22 |
| committeepersons
committeemen or chairmen of county central |
23 |
| committees within each of the
redistricted legislative and |
24 |
| representative districts shall meet and
proceed to organize by |
25 |
| electing from among their own number a chairman and,
either |
26 |
| from among their own number or otherwise, such other officers |
27 |
| as
they may deem necessary or expedient. The ward |
28 |
| committeepersons
committeemen , township
committeepersons
|
29 |
| committeemen or chairmen of county central committees shall |
30 |
| determine the
time and place (which shall be in the limits of |
31 |
| such district) of such
meeting. Immediately upon completion of |
32 |
| organization, the chairman shall
forward to the State Board of |
33 |
| Elections the names and addresses of the
chairman and secretary |
34 |
| of the committee. A vacancy shall occur when a
member dies, |
35 |
| resigns or ceases to reside in the county, township or ward
|
36 |
| which he represented.
|
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| Within 180 days after the primary of each other |
2 |
| even-numbered year, each
legislative committee and |
3 |
| representative committee shall meet and proceed
to organize by |
4 |
| electing from among its own number a chairman, and either
from |
5 |
| its own number or otherwise, such other officers as each |
6 |
| committee
may deem necessary or expedient. Immediately upon |
7 |
| completion of
organization, the chairman shall forward to the |
8 |
| State Board of
Elections, the names and addresses of the |
9 |
| chairman and secretary of the
committee. The outgoing chairman |
10 |
| of such committee shall notify the
members of the time and |
11 |
| place (which shall be in the limits of such
district) of such |
12 |
| meeting. A vacancy shall occur when a member dies,
resigns, or |
13 |
| ceases to reside in the county, township or ward, which he
|
14 |
| represented.
|
15 |
| If any change is made in the boundaries of any precinct, |
16 |
| township or
ward, the committeeperson
committeeman previously |
17 |
| elected therefrom shall continue to
serve, as if no boundary |
18 |
| change had occurred, for the purpose of acting
as a member of a |
19 |
| legislative or representative committee until his successor
is |
20 |
| elected or appointed.
|
21 |
| (Source: P.A. 84-352.)
|
22 |
| (10 ILCS 5/8-6) (from Ch. 46, par. 8-6)
|
23 |
| Sec. 8-6. In legislative or representative districts |
24 |
| wholly contained
within counties having 2,000,000
or more |
25 |
| inhabitants each member of each legislative or representative
|
26 |
| committee shall in its
organization and proceedings be entitled |
27 |
| to
one vote for each ballot voted in that portion of his |
28 |
| township or ward in
the legislative or representative district |
29 |
| by the primary electors of
his party at the last
primary at |
30 |
| which members of the General Assembly were nominated. If a |
31 |
| portion
of the legislative or representative district is within |
32 |
| a county containing
2,000,000 or more inhabitants then each |
33 |
| legislative or representative
committee member shall be |
34 |
| entitled to vote as follows: (a) in the portion
of the district |
35 |
| lying within a county of 2,000,000 or more inhabitants,
each |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| committeeperson
committeeman shall be entitled to one vote for |
2 |
| each ballot voted in
that portion of his township or ward in |
3 |
| the legislative or representative
district by primary electors |
4 |
| of his party at the last primary at which
township or ward |
5 |
| committeepersons
committeemen were elected; (b) in the portion |
6 |
| of the
district lying outside a county of 2,000,000 or more |
7 |
| inhabitants, each
chairman of a county central committee shall |
8 |
| be entitled to one vote for
each ballot voted in that portion |
9 |
| of his county in the legislative or
representative district by |
10 |
| the primary electors of his party at the last
primary at which |
11 |
| members of the General Assembly were nominated. In the
|
12 |
| remainder of the State, each member shall be entitled to cast |
13 |
| one vote for
each ballot voted in that portion of his county in |
14 |
| the legislative or
representative district by the primary |
15 |
| electors of his party at the last
primary at which members of |
16 |
| the General Assembly were nominated. However,
in counties under |
17 |
| 2,000,000 population, if the legislative or
representative |
18 |
| district comprises only one county, or part of a county,
each |
19 |
| legislative or representative committee member shall be |
20 |
| entitled to cast one vote.
|
21 |
| (Source: P.A. 84-1308.)
|
22 |
| (10 ILCS 5/8-7) (from Ch. 46, par. 8-7)
|
23 |
| Sec. 8-7. The various political party committees now in |
24 |
| existence are
hereby recognized and shall exercise the powers |
25 |
| and perform the duties
herein prescribed until |
26 |
| committeepersons
committeemen are chosen, in accordance with |
27 |
| the
provisions of this article.
|
28 |
| (Source: Laws 1943, vol. 2, p. 1.)
|
29 |
| (10 ILCS 5/9-1.3) (from Ch. 46, par. 9-1.3)
|
30 |
| Sec. 9-1.3. "Candidate" means any person who seeks |
31 |
| nomination for election,
election to or retention in public |
32 |
| office, or any person who seeks election
as ward or township |
33 |
| committeeperson
committeeman in counties of 3,000,000 or more |
34 |
| population,
whether or not such person is elected. A person |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| seeks nomination for election,
election or retention if he (1) |
2 |
| takes the action necessary under the laws of
this State to |
3 |
| attempt to qualify for nomination for election, election to or
|
4 |
| retention in public office or election as ward or township |
5 |
| committeeperson
committeeman in
counties of 3,000,000 or more |
6 |
| population, or (2) receives contributions or
makes |
7 |
| expenditures, or gives consent for any other person to receive
|
8 |
| contributions or make expenditures with a view to bringing |
9 |
| about his
nomination for election or election to or retention |
10 |
| in public
office, or his or her election as ward or township |
11 |
| committeeperson
committeeman in counties
of 3,000,000 or more |
12 |
| population.
|
13 |
| (Source: P.A. 89-405, eff. 11-8-95.)
|
14 |
| (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
|
15 |
| Sec. 9-1.4. "Contribution" means-
|
16 |
| (1) a gift, subscription, donation, dues, loan, advance, or |
17 |
| deposit
of money or anything of value, knowingly received in |
18 |
| connection with the
nomination for election, or election, of |
19 |
| any person to public office, in
connection with the election of |
20 |
| any person as ward or township committeeperson
committeeman in
|
21 |
| counties of 3,000,000 or more population, or
in connection with |
22 |
| any question of public policy;
|
23 |
| (1.5) a gift, subscription, donation, dues, loan, advance, |
24 |
| deposit of money, or anything of value that constitutes an |
25 |
| electioneering communication regardless of whether the |
26 |
| communication is made in concert or cooperation with or at the |
27 |
| request, suggestion, or knowledge of a candidate, a candidate's |
28 |
| authorized local political committee, a State political |
29 |
| committee, a political committee in support of or opposition to |
30 |
| a question of public policy, or any of their agents;
|
31 |
| (2) the purchase of tickets for fund-raising events, |
32 |
| including but
not limited to dinners, luncheons, cocktail |
33 |
| parties, and rallies made in
connection with the nomination for |
34 |
| election, or election, of any person
to public office, in |
35 |
| connection with the election of any person as ward or
township |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| committeeperson
committeeman in counties of 3,000,000 or more |
2 |
| population, or in
connection with any question of public |
3 |
| policy;
|
4 |
| (3) a transfer of funds between political committees; and
|
5 |
| (4) the services of an employee donated by an employer, in |
6 |
| which
case the contribution shall be listed in the name of the |
7 |
| employer,
except that any individual services provided |
8 |
| voluntarily and without
promise or expectation of compensation |
9 |
| from any source shall not be deemed
a contribution; but
|
10 |
| (5) does not include--
|
11 |
| (a) the use of real or personal property and the cost |
12 |
| of invitations,
food,
and beverages, voluntarily provided |
13 |
| by an individual in rendering voluntary
personal services |
14 |
| on the individual's residential premises for
|
15 |
| candidate-related
activities; provided the value of the |
16 |
| service provided does not exceed an
aggregate of $150 in a |
17 |
| reporting period;
|
18 |
| (b) the sale of any food or beverage by a vendor for |
19 |
| use in a candidate's
campaign at a charge less than the |
20 |
| normal comparable charge, if such charge
for use in a |
21 |
| candidate's campaign is at least equal to the cost of such
|
22 |
| food or beverage to the vendor.
|
23 |
| (Source: P.A. 94-645, eff. 8-22-05.)
|
24 |
| (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) |
25 |
| Sec. 9-1.5. Expenditure defined. |
26 |
| "Expenditure" means-
|
27 |
| (1) a payment, distribution, purchase, loan, advance, |
28 |
| deposit, or
gift of money or anything of value, in connection |
29 |
| with the nomination
for election, or election, of any person to |
30 |
| public office, in connection with
the election of any person as |
31 |
| ward or township committeeperson
committeeman in counties of
|
32 |
| 3,000,000 or more population, or in
connection with any |
33 |
| question of public policy.
"Expenditure" also includes a |
34 |
| payment, distribution, purchase, loan,
advance, deposit, or |
35 |
| gift of
money or anything of value that constitutes an |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| electioneering communication
regardless of whether the |
2 |
| communication is made in concert or cooperation with
or at the |
3 |
| request, suggestion, or knowledge of a candidate, a candidate's
|
4 |
| authorized
local political committee, a State political |
5 |
| committee, a political committee in support of or opposition to |
6 |
| a question of public policy, or any of their
agents.
However, |
7 |
| expenditure does not
include -
|
8 |
| (a) the use of real or personal property and the cost |
9 |
| of invitations,
food,
and beverages, voluntarily provided |
10 |
| by an individual in rendering voluntary
personal services |
11 |
| on the individual's
residential premises for |
12 |
| candidate-related activities; provided the value
of the |
13 |
| service provided does not exceed an aggregate of $150 in a |
14 |
| reporting
period;
|
15 |
| (b) the sale of any food or beverage by a vendor for |
16 |
| use in a candidate's
campaign at a charge less than the |
17 |
| normal comparable charge, if such charge
for use in a |
18 |
| candidate's
campaign is at least equal to the cost of such |
19 |
| food or beverage to the vendor.
|
20 |
| (2) a transfer of funds between political committees.
|
21 |
| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; |
22 |
| 93-847, eff. 7-30-04.)
|
23 |
| (10 ILCS 5/9-1.7)
(from Ch. 46, par. 9-1.7)
|
24 |
| Sec. 9-1.7. "Local political committee" means the |
25 |
| candidate himself or any
individual, trust, partnership, |
26 |
| committee, association, corporation, or
other organization or |
27 |
| group of persons which:
|
28 |
| (a) accepts contributions or grants or makes |
29 |
| expenditures during any
12-month period in an aggregate |
30 |
| amount exceeding $3,000 on behalf of or in
opposition to a |
31 |
| candidate or candidates for public office who are required
|
32 |
| by the Illinois Governmental Ethics Act to file statements |
33 |
| of economic
interests with the county clerk,
or on behalf |
34 |
| of or in opposition to a candidate or candidates for |
35 |
| election to
the office of ward or township committeeperson
|
|
|
|
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| committeeman in counties of 3,000,000 or more
population;
|
2 |
| (b) accepts contributions or makes expenditures during |
3 |
| any 12-month
period in an aggregate amount exceeding $3,000 |
4 |
| in support of or in
opposition to any question of public |
5 |
| policy to be submitted to the electors
of an area |
6 |
| encompassing no more than one county;
|
7 |
| (c) accepts contributions or makes expenditures during |
8 |
| any 12-month
period in an aggregate amount exceeding $3,000 |
9 |
| and has as its primary
purpose the furtherance of |
10 |
| governmental, political or social values, is
organized on a |
11 |
| not-for-profit basis, and which publicly endorses or
|
12 |
| publicly opposes a candidate or candidates for public |
13 |
| office who are
required by the Illinois Governmental Ethics |
14 |
| Act to file statements of
economic interest with the County |
15 |
| Clerk or a candidate or candidates for the
office of ward |
16 |
| or township committeeperson
committeeman in counties of |
17 |
| 3,000,000 or more
population; or
|
18 |
| (d) accepts contributions or makes expenditures during |
19 |
| any 12-month period in an aggregate amount
exceeding $3,000 |
20 |
| for electioneering communications relating to any |
21 |
| candidate or
candidates described in paragraph (a) or any |
22 |
| question of public policy
described in paragraph (b).
|
23 |
| (Source: P.A. 93-847, eff. 7-30-04.)
|
24 |
| (10 ILCS 5/9-15) (from Ch. 46, par. 9-15)
|
25 |
| Sec. 9-15. It shall be the duty of the Board-
|
26 |
| (1) to develop prescribed forms for notice to political |
27 |
| committees of
their obligations under this Article and for |
28 |
| identification of persons
examining statements or reports |
29 |
| filed under this Article, and to supply
such forms, and the |
30 |
| forms for filing statements of organization, reports of
|
31 |
| campaign contributions, and annual reports of campaign |
32 |
| contributions and
expenditures to the appropriate persons and |
33 |
| election authorities;
|
34 |
| (2) to prepare, publish, and furnish to the appropriate |
35 |
| persons and
election authorities a manual of instructions |
|
|
|
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1 |
| setting forth recommended
uniform methods of bookkeeping and |
2 |
| reporting under this Article;
|
3 |
| (3) to prescribe suitable rules and regulations to carry |
4 |
| out the
provisions of this Article. Such rules and regulations |
5 |
| shall be published
and made available to the public at |
6 |
| reasonable cost. The Board may
determine which of its |
7 |
| prescribed rules and regulations shall be binding on
the county |
8 |
| clerks in carrying out their duties under this Article;
|
9 |
| (4) to send by first class mail, after the general primary |
10 |
| election in
even numbered years, to the chairman of each |
11 |
| regularly constituted
State central committee, county central |
12 |
| committee and, in counties with a
population of more than |
13 |
| 3,000,000, to the committeepersons
committeemen of each |
14 |
| township and
ward organization of each political party notice |
15 |
| of their obligations under
this Article, along with a form for |
16 |
| filing the statement of organization.
|
17 |
| (Source: P.A. 86-873.)
|
18 |
| (10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
|
19 |
| Sec. 10-2. The term "political party", as hereinafter used |
20 |
| in this
Article 10, shall mean any "established political |
21 |
| party", as hereinafter
defined and shall also mean any |
22 |
| political group which shall hereafter
undertake to form an |
23 |
| established political party in the manner provided
for in this |
24 |
| Article 10: Provided, that no political organization or
group |
25 |
| shall be qualified as a political party hereunder, or given a
|
26 |
| place on a ballot, which organization or group is associated, |
27 |
| directly
or indirectly, with Communist, Fascist, Nazi or other |
28 |
| un-American
principles and engages in activities or propaganda |
29 |
| designed to teach
subservience to the political principles and |
30 |
| ideals of foreign nations
or the overthrow by violence of the |
31 |
| established constitutional form of
government of the United |
32 |
| States and the State of Illinois.
|
33 |
| A political party which, at the last general election for |
34 |
| State and
county officers, polled for its candidate for |
35 |
| Governor more than 5% of
the entire vote cast for Governor, is |
|
|
|
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|
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| hereby declared to be an
"established political party" as to |
2 |
| the State and as to any district or
political subdivision |
3 |
| thereof.
|
4 |
| A political party which, at the last election in any |
5 |
| congressional
district, legislative district, county, |
6 |
| township, municipality or other
political subdivision or |
7 |
| district in the State, polled more than 5% of
the entire vote |
8 |
| cast within such territorial area or political
subdivision, as |
9 |
| the case may be, has voted as a unit for the election of
|
10 |
| officers to serve the respective territorial area of such |
11 |
| district or
political subdivision, is hereby declared to be an |
12 |
| "established
political party" within the meaning of this |
13 |
| Article as to such district
or political subdivision.
|
14 |
| Any group of persons hereafter desiring to form a new |
15 |
| political party
throughout the State, or in any congressional, |
16 |
| legislative or judicial
district, or in any other district or |
17 |
| in any political subdivision
(other than a municipality) not |
18 |
| entirely within a single county, shall
file with the State |
19 |
| Board of Elections a petition, as hereinafter
provided; and any |
20 |
| such group of persons hereafter desiring to form a new
|
21 |
| political party within any county shall file such petition with |
22 |
| the
county clerk; and any such group of persons hereafter |
23 |
| desiring to form a
new political party within any municipality |
24 |
| or township or within any
district of a unit of local |
25 |
| government other than a county shall file
such petition with |
26 |
| the local election official or Board of Election
Commissioners |
27 |
| of such municipality, township or other unit of local
|
28 |
| government, as the case may be. Any such petition for the |
29 |
| formation of a
new political party throughout the State, or in |
30 |
| any such district or
political subdivision, as the case may be, |
31 |
| shall declare as concisely as
may be the intention of the |
32 |
| signers thereof to form such new political
party in the State, |
33 |
| or in such district or political subdivision; shall
state in |
34 |
| not more than 5 words the name of such new political party;
|
35 |
| shall at the time of filing contain a complete list of |
36 |
| candidates of
such party for all offices to be filled in the |
|
|
|
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| State, or such district
or political subdivision as the case |
2 |
| may be, at the next ensuing
election then to be held; and, if |
3 |
| such new political party shall be
formed for the entire State, |
4 |
| shall be signed by 1% of the number of voters
who voted at the |
5 |
| next preceding Statewide general election or 25,000
qualified |
6 |
| voters, whichever is less. If such new political party shall be
|
7 |
| formed for any district
or political subdivision less than the |
8 |
| entire State, such petition shall
be signed by qualified voters |
9 |
| equaling in number not less than 5% of the
number of voters who |
10 |
| voted at the next preceding regular election in
such district |
11 |
| or political subdivision in which such district or
political |
12 |
| subdivision voted as a unit for the election of officers to
|
13 |
| serve its respective territorial area. However, whenever the |
14 |
| minimum signature
requirement for a district or political |
15 |
| subdivision new political
party petition shall exceed the |
16 |
| minimum number of signatures for State-wide
new political party |
17 |
| petitions at the next preceding State-wide general
election, |
18 |
| such State-wide petition signature requirement shall be the
|
19 |
| minimum for such district or political subdivision new |
20 |
| political party petition.
|
21 |
| For the first election following a redistricting of |
22 |
| congressional districts,
a petition to form a new political |
23 |
| party in a congressional district shall
be signed by at least |
24 |
| 5,000 qualified voters of the congressional district.
For the |
25 |
| first election following a redistricting of legislative |
26 |
| districts,
a petition to form a new political party in a |
27 |
| legislative district shall
be signed by at least 3,000 |
28 |
| qualified voters of the legislative district.
For the first |
29 |
| election following a redistricting of representative
|
30 |
| districts, a petition to form a new political party in a |
31 |
| representative
district shall be signed by at least 1,500 |
32 |
| qualified voters of the
representative district.
|
33 |
| For the first election following redistricting of county |
34 |
| board districts,
or of municipal wards or districts, or for the |
35 |
| first election following
the initial establishment of such |
36 |
| districts or wards in a county or
municipality, a petition to |
|
|
|
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|
1 |
| form a new political party in a county board
district or in a |
2 |
| municipal ward or district shall be signed by qualified
voters |
3 |
| of the district or ward equal to not less than 5% of the total
|
4 |
| number of votes cast at the preceding general or municipal |
5 |
| election, as the
case may be, for the county or municipal |
6 |
| office voted on throughout the
county or municipality for which |
7 |
| the greatest total number of votes were
cast for all |
8 |
| candidates, divided by the number of districts or wards, but
in |
9 |
| any event not less than 25 qualified voters of the district or |
10 |
| ward.
|
11 |
| In the case of a petition to form a new political party |
12 |
| within a political
subdivision in which officers are to be |
13 |
| elected from
districts and at-large, such petition shall |
14 |
| consist
of separate components for each district from which an |
15 |
| officer
is to be elected. Each component shall be circulated |
16 |
| only within a
district of the political subdivision and signed |
17 |
| only by qualified electors
who are residents of such district. |
18 |
| Each sheet of such petition must
contain a complete list of the |
19 |
| names of the candidates of the party for all
offices to be |
20 |
| filled in the political subdivision at large, but the sheets
|
21 |
| comprising each component shall also contain the names of those |
22 |
| candidates
to be elected from the particular district. Each |
23 |
| component of the petition
for each district from which an |
24 |
| officer is to be elected must be signed by
qualified voters of |
25 |
| the district equalling in number not less than 5% of
the number |
26 |
| of voters who voted at the next preceding regular election in
|
27 |
| such district at which an officer was elected to serve the |
28 |
| district. The
entire petition, including all components, must |
29 |
| be signed by a total of
qualified voters of the entire |
30 |
| political subdivision equalling in number
not less than 5% of |
31 |
| the number of voters who voted at the next preceding
regular |
32 |
| election in such political subdivision at which an officer was
|
33 |
| elected to serve the political subdivision at large.
|
34 |
| The filing of such petition shall constitute the political |
35 |
| group a
new political party, for the purpose only of placing |
36 |
| upon the ballot at
such next ensuing election such list or an |
|
|
|
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1 |
| adjusted list in accordance
with Section 10-11, of party |
2 |
| candidates for offices to be voted for
throughout the State, or |
3 |
| for offices to be voted for in such district or
political |
4 |
| subdivision less than the State, as the case may be, under the
|
5 |
| name of and as the candidates of such new political party.
|
6 |
| If, at such ensuing election, the new political party's |
7 |
| candidate for
Governor shall receive more than 5% of the entire |
8 |
| votes cast for
Governor, then such new political party shall |
9 |
| become an "established
political party" as to the State and as |
10 |
| to every district or political
subdivision thereof. If, at such |
11 |
| ensuing election, the other candidates
of the new political |
12 |
| party, or any other candidate or candidates of the
new |
13 |
| political party shall receive more than 5% of all the votes |
14 |
| cast for
the office or offices for which they were candidates |
15 |
| at such election,
in the State, or in any district or political |
16 |
| subdivision, as the case
may be, then and in that event, such |
17 |
| new political party shall become an
"established political |
18 |
| party" within the State or within such district
or political |
19 |
| subdivision less than the State, as the case may be, in
which |
20 |
| such candidate or candidates received more than 5% of the votes
|
21 |
| cast for the office or offices for which they were candidates. |
22 |
| It shall
thereafter nominate its candidates for public offices |
23 |
| to be filled in
the State, or such district or political |
24 |
| subdivision, as the case may
be, under the provisions of the |
25 |
| laws regulating the nomination of
candidates of established |
26 |
| political parties at primary elections and
political party |
27 |
| conventions, as now or hereafter in force.
|
28 |
| A political party which continues to receive for its |
29 |
| candidate for
Governor more than 5% of the entire vote cast for |
30 |
| Governor, shall remain
an "established political party" as to |
31 |
| the State and as to every
district or political subdivision |
32 |
| thereof. But if the political party's
candidate for Governor |
33 |
| fails to receive more than 5% of the entire vote
cast for |
34 |
| Governor, or if the political party does not nominate a
|
35 |
| candidate for Governor, the political party shall remain an |
36 |
| "established
political party" within the State or within such |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
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1 |
| district or political
subdivision less than the State, as the |
2 |
| case may be, only so long as,
and only in those districts or |
3 |
| political subdivisions in which, the
candidates of that |
4 |
| political party, or any candidate or candidates of
that |
5 |
| political party, continue to receive more than 5% of all the |
6 |
| votes
cast for the office or offices for which they were |
7 |
| candidates at
succeeding general or consolidated elections |
8 |
| within the State or within
any district or political |
9 |
| subdivision, as the case may be.
|
10 |
| Any such petition shall be filed at the same time and shall |
11 |
| be
subject to the same requirements and to the same provisions |
12 |
| in respect
to objections thereto and to any hearing or hearings |
13 |
| upon such
objections that are hereinafter in this Article 10 |
14 |
| contained in regard
to the nomination of any other candidate or |
15 |
| candidates by petition. If
any such new political party shall |
16 |
| become an "established political
party" in the manner herein |
17 |
| provided, the candidate or candidates of
such new political |
18 |
| party nominated by the petition hereinabove referred
to for |
19 |
| such initial election, shall have power to select any such |
20 |
| party
committeeperson
committeeman or committeepersons
|
21 |
| committeemen as shall be necessary for the creation of a
|
22 |
| provisional party organization and provisional managing |
23 |
| committee or
committees for such party within the State, or in |
24 |
| any district or
political subdivision in which the new |
25 |
| political party has become
established; and the party |
26 |
| committeeperson
committeeman or committeepersons
committeemen |
27 |
| so selected
shall constitute a provisional party organization |
28 |
| for the new political
party and shall have and exercise the |
29 |
| powers conferred by law upon any
party committeeperson
|
30 |
| committeeman or committeepersons
committeemen to manage and |
31 |
| control the affairs of
such new political party until the next |
32 |
| ensuing primary election at
which the new political party shall |
33 |
| be entitled to nominate and elect
any party committeeperson
|
34 |
| committeeman or committeepersons
committeemen in the State, or |
35 |
| in such district
or political subdivision under any parts of |
36 |
| this Act relating to the
organization of political parties.
|
|
|
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1 |
| A candidate for whom a nomination paper has been filed as a |
2 |
| partisan
candidate at a primary election, and who is defeated |
3 |
| for his or her
nomination at the primary election, is |
4 |
| ineligible for nomination as a
candidate of a new political |
5 |
| party for election in that general election.
|
6 |
| (Source: P.A. 86-875.)
|
7 |
| (10 ILCS 5/11-6) (from Ch. 46, par. 11-6)
|
8 |
| Sec. 11-6. Within 60 days of the effective date of this |
9 |
| amendatory Act
of 1983, each election authority shall transmit |
10 |
| to the principal office
of the State Board of Elections maps |
11 |
| showing the current boundaries of all
the precincts within its |
12 |
| jurisdiction. Whenever election precincts in
an election |
13 |
| jurisdiction have been redivided or readjusted, the county
|
14 |
| board or board of election commissioners shall prepare maps |
15 |
| showing such
election precinct boundaries no later than 45 days |
16 |
| before the next scheduled
election. The maps, or transparent |
17 |
| overlays, shall show the boundaries
of all political |
18 |
| subdivisions and districts. The county board or board
of |
19 |
| election commissioners shall immediately forward copies |
20 |
| thereof to the
chairman of each county central committee in the |
21 |
| county, to each township,
ward or precinct committeeperson
|
22 |
| committeeman and each local election official whose
political |
23 |
| subdivision is wholly or partly in the county and, upon |
24 |
| request,
shall furnish copies thereof to each candidate for |
25 |
| political or public office
in the county and shall transmit |
26 |
| copies thereof to the principal office
of the State Board of |
27 |
| Elections.
|
28 |
| (Source: P.A. 84-861.)
|
29 |
| (10 ILCS 5/13-4) (from Ch. 46, par. 13-4)
|
30 |
| Sec. 13-4. Qualifications.
|
31 |
| (a) All persons elected or chosen judge of election must: |
32 |
| (1) be
citizens of the United States and entitled to vote at |
33 |
| the next election,
except as provided in subsection (b);
(2) be |
34 |
| of good repute and character; (3) be able to speak, read and |
|
|
|
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1 |
| write
the English language; (4) be skilled in the four |
2 |
| fundamental rules of
arithmetic; (5) be of good understanding |
3 |
| and capable; (6) not be candidates
for any office at the |
4 |
| election and not be elected committeepersons
committeemen ; and |
5 |
| (7)
reside in the precinct in which they are selected to act, |
6 |
| except that in
each precinct, not more than one judge of each |
7 |
| party may be appointed from
outside such precinct. Any judge |
8 |
| selected to serve in any precinct in which
he is not entitled |
9 |
| to vote must reside within and be entitled to vote
elsewhere |
10 |
| within the county which encompasses the precinct in which such
|
11 |
| judge is appointed. Such judge must meet the other |
12 |
| qualifications of this
Section.
|
13 |
| (b) An election authority may establish a program to permit |
14 |
| a person who
is not entitled to vote
to be appointed as an |
15 |
| election judge if,
as of the date of the election at which the |
16 |
| person serves as a judge,
he or she:
|
17 |
| (1) is a U.S. citizen;
|
18 |
| (2) is a senior in good standing enrolled in a public |
19 |
| or private secondary
school;
|
20 |
| (3) has a cumulative grade point average equivalent to |
21 |
| at least 3.0 on a
4.0 scale;
|
22 |
| (4) has the written approval of the principal of the |
23 |
| secondary school he
or she attends at the time of |
24 |
| appointment;
|
25 |
| (5) has the written approval of his or her parent or |
26 |
| legal guardian;
|
27 |
| (6) has satisfactorily completed the training course |
28 |
| for judges of
election
described in Sections 13-2.1 and |
29 |
| 13-2.2; and
|
30 |
| (7) meets all other qualifications for appointment and |
31 |
| service as an
election judge.
|
32 |
| No more than one election judge qualifying under this |
33 |
| subsection may serve
per political party per precinct.
Prior to |
34 |
| appointment, a judge qualifying under this subsection must |
35 |
| certify
in writing to the election authority the political |
36 |
| party the judge chooses to
affiliate with.
|
|
|
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1 |
| Students appointed as election judges under this |
2 |
| subsection
shall not be counted as absent from school on the |
3 |
| day they serve as judges.
|
4 |
| (Source: P.A. 91-352, eff. 1-1-00.)
|
5 |
| (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
|
6 |
| Sec. 14-1. (a) The board of election commissioners |
7 |
| established
or existing under Article 6 shall, at the time and |
8 |
| in the
manner provided in Section 14-3.1, select and choose 5 |
9 |
| persons,
men or women, as judges of election for each precinct |
10 |
| in such
city, village or incorporated town.
|
11 |
| Where neither voting machines nor electronic, mechanical |
12 |
| or
electric voting systems are used, the board of election
|
13 |
| commissioners may, for any precinct with respect to which the
|
14 |
| board considers such action necessary or desirable in view of
|
15 |
| the number of voters, and shall for general elections for any
|
16 |
| precinct containing more than 600 registered voters, appoint
in |
17 |
| addition to the 5 judges of election a team of 5 tally judges.
|
18 |
| In such precincts the judges of election shall preside over the
|
19 |
| election during the hours the polls are open, and the tally
|
20 |
| judges, with the assistance of the holdover judges designated
|
21 |
| pursuant to Section
14-5.2, shall count the vote after the |
22 |
| closing of the polls.
The tally judges shall possess the same |
23 |
| qualifications and
shall be appointed in the same manner and |
24 |
| with the same division
between political parties as is provided |
25 |
| for judges of election.
The foregoing provisions relating to |
26 |
| the appointment of tally
judges are inapplicable in counties |
27 |
| with a population of
1,000,000 or more.
|
28 |
| (b) To qualify as judges the persons must:
|
29 |
| (1) be citizens of the United States;
|
30 |
| (2) be of good repute and character;
|
31 |
| (3) be able to speak, read and write the English |
32 |
| language;
|
33 |
| (4) be skilled in the 4 fundamental rules of |
34 |
| arithmetic;
|
35 |
| (5) be of good understanding and capable;
|
|
|
|
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|
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| (6) not be candidates for any office at the election |
2 |
| and not
be elected committeepersons
committeemen ;
|
3 |
| (7) reside and be entitled to vote in the precinct in |
4 |
| which
they are selected to serve, except that in each |
5 |
| precinct not
more than one judge of each party may be |
6 |
| appointed from outside
such precinct. Any judge so |
7 |
| appointed to serve in any precinct
in which he is not |
8 |
| entitled to vote must be entitled to vote
elsewhere within |
9 |
| the county which encompasses the precinct in
which such |
10 |
| judge is appointed and such judge must otherwise
meet the |
11 |
| qualifications of this Section.
|
12 |
| (c) An election authority may establish a program to permit |
13 |
| a person who
is not entitled to vote
to be appointed as an |
14 |
| election judge if, as of the date of the election at
which the |
15 |
| person serves as a judge, he or she:
|
16 |
| (1) is a U.S. citizen;
|
17 |
| (2) is a senior in good standing enrolled in a public |
18 |
| or private secondary
school;
|
19 |
| (3) has a cumulative grade point average equivalent to |
20 |
| at least 3.0 on a
4.0 scale;
|
21 |
| (4) has the written approval of the principal of the |
22 |
| secondary school he
or she attends at the time of |
23 |
| appointment;
|
24 |
| (5) has the written approval of his or her parent or |
25 |
| legal guardian;
|
26 |
| (6) has satisfactorily completed the training course |
27 |
| for judges of
election
described in Sections 13-2.1, |
28 |
| 13-2.2, and 14-4.1; and
|
29 |
| (7) meets all other qualifications for appointment and |
30 |
| service as an
election judge.
|
31 |
| No more than one election judge qualifying under this |
32 |
| subsection may serve
per political party per precinct.
Prior to |
33 |
| appointment, a judge qualifying under this subsection must |
34 |
| certify
in writing to the election authority the political |
35 |
| party the judge chooses to
affiliate with.
|
36 |
| Students appointed as election judges under this |
|
|
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|
1 |
| subsection
shall not be counted as absent from school on the |
2 |
| day they serve as judges.
|
3 |
| (d) The board of election commissioners may select 2 |
4 |
| additional
judges of election, one from each of the major |
5 |
| political parties,
for each 200 voters in excess of 600 in any |
6 |
| precinct having more
than 600 voters as authorized
by Section |
7 |
| 11--3. These additional judges must meet the
qualifications |
8 |
| prescribed in this Section.
|
9 |
| (Source: P.A. 91-352, eff. 1-1-00.)
|
10 |
| (10 ILCS 5/22-15) (from Ch. 46, par. 22-15)
|
11 |
| Sec. 22-15. The election
authority shall, upon request,
and |
12 |
| by mail if so requested, furnish free of charge to any |
13 |
| candidate for any office, whose name appeared
upon the ballot |
14 |
| within the jurisdiction of
the election
authority, a copy of |
15 |
| the abstract
of votes by precinct or ward for all candidates |
16 |
| for the office for which such
person was a candidate. Such |
17 |
| abstract shall be furnished no later than 2
days after the |
18 |
| receipt of the request or 8 days after the completing of the
|
19 |
| canvass, whichever is later.
|
20 |
| Within one calendar day following the canvass and
|
21 |
| proclamation of each general
primary election and general |
22 |
| election, each election authority shall transmit
to the |
23 |
| principal office of the State Board of Elections copies of the |
24 |
| abstracts
of votes by precinct or ward for the offices of
ward, |
25 |
| township, and precinct committeeperson
committeeman via |
26 |
| overnight mail so that the
abstract of votes arrives at the |
27 |
| address the following calendar day. Each
election authority |
28 |
| shall
also transmit to the principal office of the State Board |
29 |
| of Elections copies
of current precinct poll lists.
|
30 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; |
31 |
| 94-647, eff. 1-1-06; revised 8-29-05.)
|
32 |
| (10 ILCS 5/25-6) (from Ch. 46, par. 25-6)
|
33 |
| Sec. 25-6. (a) When a vacancy occurs in the office of State |
34 |
| Senator or
Representative in the General Assembly, the vacancy |
|
|
|
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|
1 |
| shall be filled within
30 days by appointment of the |
2 |
| legislative or representative committee of
that legislative or |
3 |
| representative district of the political
party of which the |
4 |
| incumbent was a candidate at the time of his
election. The |
5 |
| appointee shall be a member of the same political party as
the |
6 |
| person he succeeds was at the time of his election, and shall |
7 |
| be
otherwise eligible to serve as a member of the General |
8 |
| Assembly.
The appropriate legislative or representative
|
9 |
| committee shall declare that a vacancy exists and notification |
10 |
| thereof shall
be given to the State Board of Elections, the |
11 |
| Secretary of State, and the
Clerk of the House of |
12 |
| Representatives or the Secretary of the Senate,
whichever is |
13 |
| appropriate, within 3 days of the occurrence of the vacancy.
|
14 |
| (b) When a vacancy occurs in the office of a legislator |
15 |
| elected
other than as a candidate of a political party, the |
16 |
| vacancy shall be
filled within 30 days of such occurrence by |
17 |
| appointment of the Governor.
The appointee shall not be a |
18 |
| member of a political party, and shall be
otherwise eligible to |
19 |
| serve as a member of the General Assembly.
Provided, however, |
20 |
| the appropriate body of the General Assembly may, by
|
21 |
| resolution, allow a legislator elected other than as a |
22 |
| candidate of a
political party to affiliate with a political |
23 |
| party for his term of
office in the General Assembly. A vacancy |
24 |
| occurring in the office of any
such legislator who affiliates |
25 |
| with a political party pursuant to
resolution shall be filled |
26 |
| within 30 days of such occurrence by
appointment of the |
27 |
| appropriate legislative or representative
committee of that |
28 |
| legislative or representative district of the political
party |
29 |
| with which the legislator so affiliates. The appointee shall be |
30 |
| a
member of the political party with which the incumbent |
31 |
| affiliated.
|
32 |
| (c) For purposes of this Section, a person is a member of a
|
33 |
| political party for 23 months after (i) signing a candidate |
34 |
| petition, as
to the political party whose nomination is sought; |
35 |
| (ii) signing a
statement of candidacy, as to the political |
36 |
| party where nomination or
election is sought; (iii) signing a |
|
|
|
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1 |
| Petition of Political Party
Formation, as to the proposed |
2 |
| political party; (iv) applying for and
receiving a primary |
3 |
| ballot, as to the political party whose ballot is
received; or |
4 |
| (v) becoming a candidate for election to or accepting
|
5 |
| appointment to the office of ward, township, precinct or state |
6 |
| central
committeeperson
committeeman .
|
7 |
| (d) In making appointments under this Section, each |
8 |
| committeeperson
committeeman of
the appropriate legislative or |
9 |
| representative committee
shall be entitled to one vote for each |
10 |
| vote that was received, in that
portion of the legislative or |
11 |
| representative district which he represents
on the committee, |
12 |
| by the Senator or Representative whose seat is vacant at the
|
13 |
| general election at which that legislator was elected to the |
14 |
| seat which
has been vacated and a majority of the total number |
15 |
| of votes received in
such election by the Senator or |
16 |
| Representative whose seat is vacant is
required for the |
17 |
| appointment of his successor; provided,
however, that in making |
18 |
| appointments in legislative or representative
districts |
19 |
| comprising only one county or part of a county
other than a |
20 |
| county containing 2,000,000 or more inhabitants, each
|
21 |
| committeeperson
committeeman shall be entitled to cast only one |
22 |
| vote.
|
23 |
| (e) Appointments made under this Section shall be in |
24 |
| writing
and shall be signed by members of the legislative or |
25 |
| representative committee
whose total votes are sufficient to |
26 |
| make the appointments or by the
Governor, as the case may be. |
27 |
| Such appointments shall be filed with the
Secretary of State |
28 |
| and with the Clerk of the House of Representatives or
the |
29 |
| Secretary of the Senate, whichever is appropriate.
|
30 |
| (f) An appointment made under this Section shall be for the
|
31 |
| remainder of the term, except that, if the appointment is to |
32 |
| fill a
vacancy in the office of State Senator and the vacancy |
33 |
| occurs with more
than 28 months remaining in the term, the term |
34 |
| of the
appointment shall expire at the time of
the next general |
35 |
| election at which time a
Senator shall be elected for a new |
36 |
| term commencing on the determination
of the results of the |
|
|
|
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| election and ending on the second Wednesday of
January in the |
2 |
| second odd-numbered year next occurring. Whenever a
Senator has |
3 |
| been appointed to fill a vacancy and
was thereafter elected to |
4 |
| that office, the term of service under the
authority of the |
5 |
| election shall
be considered a new term of service, separate |
6 |
| from the term of service
rendered under the authority of the |
7 |
| appointment.
|
8 |
| (Source: P.A. 85-958.)
|
9 |
| Section 10. The Township Code is amended by changing |
10 |
| Sections 45-15, 45-25, 45-50, and 45-55 as follows:
|
11 |
| (60 ILCS 1/45-15)
|
12 |
| Sec. 45-15. Township central committee. The township |
13 |
| central committee of
the township, which is hereby created for |
14 |
| the purposes of this Code, shall
consist of (i) in all counties |
15 |
| of 3,000,000 or less, the elected or appointed
precinct |
16 |
| committeepersons
committeemen of each established political |
17 |
| party within the township
or (ii) in counties of 3,000,000 or |
18 |
| more, the elected or appointed township
committeepersons
|
19 |
| committeemen of each established political party. The |
20 |
| committee, by a majority
of those voting, shall promulgate |
21 |
| rules of procedure under Section 45-50.
|
22 |
| (Source: P.A. 85-694; 88-62.)
|
23 |
| (60 ILCS 1/45-25)
|
24 |
| Sec. 45-25. Caucus in multi-township district.
|
25 |
| (a) On the second Wednesday in January preceding the date |
26 |
| of any election at
which township officers are to be elected, a |
27 |
| caucus shall be held by the voters
of each established |
28 |
| political party in a multi-township district to nominate
its |
29 |
| candidates for township assessor.
|
30 |
| (b) For purposes of this Code, the multi-township central |
31 |
| committee of
each established political party shall consist of |
32 |
| the elected or appointed
precinct committeepersons
|
33 |
| committeemen of each established political party within the
|
|
|
|
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1 |
| multi-township district and shall promulgate rules of |
2 |
| procedure under Section
45-50.
|
3 |
| (c) The multi-township central committee of each |
4 |
| established
political party shall cause notices of the caucuses |
5 |
| to be published. The
notices shall state the time and place |
6 |
| where the caucus for each established
political party will be |
7 |
| held within the multi-township district and shall be
published |
8 |
| in a newspaper of general circulation in the district 10 days |
9 |
| before
the caucuses are held. Not less than 30 days before the |
10 |
| caucus, the
multi-township clerk shall notify the chairman or |
11 |
| membership of each
multi-township central committee by |
12 |
| first-class mail of the chairman's or
membership's obligation |
13 |
| to report the time and location of the political
party's |
14 |
| caucus. Not less than 20 days before the caucus, each chairman |
15 |
| of the
multi-township central committee shall notify the |
16 |
| multi-township clerk by
first-class mail of the time and |
17 |
| location of the political party's caucus. If
the time and |
18 |
| location of 2 or more political party caucuses conflict, the
|
19 |
| multi-township clerk shall establish, by a fair and
impartial |
20 |
| public lottery, the time and location for each caucus.
|
21 |
| (d) The result of the election shall be canvassed in the |
22 |
| manner provided by
the general election law.
|
23 |
| (e) The chairman of the multi-township central committee |
24 |
| shall, not more
than 78 nor less than 71 days before the |
25 |
| multi-township election, file
nomination papers as provided in |
26 |
| this Section. The nomination papers shall
consist of (i) a |
27 |
| certification by the chairman of the names of all candidates
|
28 |
| for office in the township nominated at the caucus and (ii) a |
29 |
| statement of
candidacy by each candidate in the form prescribed |
30 |
| in the general election law.
The nomination papers shall be |
31 |
| filed in the office of the election authority.
The election |
32 |
| shall be conducted in accordance with the general election law.
|
33 |
| (Source: P.A. 85-694; 88-62.)
|
34 |
| (60 ILCS 1/45-50)
|
35 |
| Sec. 45-50. Caucus procedures.
|
|
|
|
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|
|
1 |
| (a) The rules of procedure for conducting a township or |
2 |
| multi-township
caucus must be approved and may be amended by a |
3 |
| majority vote of the qualified
participants attending the |
4 |
| caucus. No participant shall be able to participate
or vote at |
5 |
| any township or multi-township caucus if the person is or was |
6 |
| at
anytime during the 12 months before the caucus any of the |
7 |
| following:
|
8 |
| (1) An elected or appointed public official of another |
9 |
| established
political party.
|
10 |
| (2) An elected or appointed officer, director, |
11 |
| precinct committeeperson
committeeman or
representative of |
12 |
| the township committeeperson
committeeman of another |
13 |
| established political
party.
|
14 |
| (3) A judge of election under Article 13 or 14 of the |
15 |
| Election Code for
another statewide established political |
16 |
| party.
|
17 |
| (4) A voter who voted in the primary election of |
18 |
| another statewide
established political party different |
19 |
| from the party holding the caucus.
|
20 |
| (b) The rules of procedure shall include the following:
|
21 |
| (1) No caucus shall commence earlier than 6:00 p.m.
|
22 |
| (2) The caucus shall commence at the place specified in |
23 |
| the notice of
caucus.
|
24 |
| (3) Procedures by which qualified caucus participants |
25 |
| determine by a
majority vote the duties of caucus judges of |
26 |
| election. Caucus judges of
election shall be appointed by a |
27 |
| majority vote of the township or
multi-township central |
28 |
| committee. No judge of the Supreme Court, appellate
court, |
29 |
| or circuit court or associate judge shall serve as a caucus |
30 |
| judge of
election.
|
31 |
| (4) Nominations for selection as a candidate shall be |
32 |
| accepted from any
qualified participant of the caucus.
|
33 |
| (5) The method of voting (i.e., written ballot, voice |
34 |
| vote, show of hands,
standing vote) for determining the |
35 |
| candidate or candidates selected for
nomination.
|
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| (6) Whether candidates will be selected as a slate or |
2 |
| as individual
nominees for each office.
|
3 |
| (7) Whether written notice of intent to be a caucus |
4 |
| nominee is required.
|
5 |
| (8) Other rules deemed necessary by the central |
6 |
| committee at
the time the rules are promulgated or by the |
7 |
| majority of the qualified
caucus participants when the |
8 |
| rules are being considered at their meeting.
|
9 |
| (c) Individuals participating at an established political |
10 |
| party township
or multi-township caucus shall comply with each |
11 |
| of the following:
|
12 |
| (1) A participant shall be registered under Article 4, |
13 |
| 5, or 6 of
the Election Code.
|
14 |
| (2) A participant shall be registered within the |
15 |
| territory for
which the nomination is made.
|
16 |
| (3) A participant shall sign an affidavit that he or |
17 |
| she is a registered
voter and affiliated with the |
18 |
| established political party holding the caucus.
|
19 |
| (4) A participant shall not take part in the |
20 |
| proceedings of more
than one established political party |
21 |
| township and multi-township caucus for the
same election. |
22 |
| This requirement also applies to the township and |
23 |
| multi-township
clerks.
|
24 |
| (5) A participant shall not sign a petition of |
25 |
| nomination for an
independent or new political party |
26 |
| candidate for the same election.
|
27 |
| (6) A participant shall not become an independent |
28 |
| candidate or a
candidate
of another established political |
29 |
| party or a new political party for the
same election.
|
30 |
| (d) The voters participating at an established political |
31 |
| party township or
multi-township caucus shall not select for |
32 |
| nomination more candidates than
there are to be elected for |
33 |
| each office.
|
34 |
| (e) No candidate for nomination at a township or |
35 |
| multi-township caucus
shall be required to do either of the |
36 |
| following:
|
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| (1) Circulate and file nominating petitions to become a |
2 |
| candidate at the
caucus.
|
3 |
| (2) File a fee to become a candidate at the caucus.
|
4 |
| (Source: P.A. 92-119, eff. 1-1-02.)
|
5 |
| (60 ILCS 1/45-55)
|
6 |
| Sec. 45-55. Nomination by primary election. In (i) counties |
7 |
| having a
population of more than 3,000,000, the township |
8 |
| central committee of a
political party composed of the elected |
9 |
| township committeeperson
committeeman and his or her
appointed |
10 |
| precinct committeepersons
committeemen and (ii) townships with |
11 |
| a population of more
than 15,000 in counties with a population |
12 |
| of 3,000,000 or less, the township
central committee of a |
13 |
| political party composed of the precinct committeepersons
|
14 |
| committeemen
may, with respect to any regular township |
15 |
| election, determine that its
candidates for township offices |
16 |
| shall be nominated by primary in accordance
with the general |
17 |
| election law, rather than in the manner provided in Sections
|
18 |
| 45-5 through 45-45. If the township central committee makes |
19 |
| that determination,
it must file a statement of the |
20 |
| determination with the county clerk no later
than November 15 |
21 |
| preceding the township election. If the township or any part
of |
22 |
| the township is within the jurisdiction of a board of election
|
23 |
| commissioners, the township central committee shall promptly |
24 |
| notify the board
of election commissioners of the |
25 |
| determination. Upon the filing of the
determination by the |
26 |
| township central committee of a political party, the
provisions |
27 |
| of the general election law shall govern the nomination of
|
28 |
| candidates of that political party for township offices for the |
29 |
| election with
respect to which the determination was made.
|
30 |
| (Source: P.A. 82-783; 88-62.)
|
31 |
| Section 15. The School Code is amended by changing Section |
32 |
| 3A-6 as follows:
|
33 |
| (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)
|
|
|
|
HB4177 |
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|
|
1 |
| Sec. 3A-6. Election of Superintendent for consolidated |
2 |
| region - Bond -
Vacancies in any educational service region.
|
3 |
| (a) The regional superintendent to be
elected under Section |
4 |
| 3A-5 shall be elected at the time provided in the general
|
5 |
| election law and must possess the qualifications described in |
6 |
| Section 3-1 of
this Act.
|
7 |
| (b) The bond required under Section 3-2 shall be filed in |
8 |
| the office of
the
county clerk in the county where the regional |
9 |
| office is situated, and a
certified copy of that bond shall be |
10 |
| filed in the office of the county clerk
in each of the other |
11 |
| counties in the region.
|
12 |
| (c) When a vacancy occurs in the office of regional |
13 |
| superintendent of
schools of any educational service region |
14 |
| which is not located in a county
which is a home rule unit, |
15 |
| such vacancy shall be filled within 60 days (i)
by appointment |
16 |
| of the chairman of the county board, with the advice and
|
17 |
| consent of the county board, when such vacancy occurs in a |
18 |
| single county
educational service region; or (ii) by |
19 |
| appointment of a committee composed
of the chairmen of the |
20 |
| county boards of those counties comprising the
affected |
21 |
| educational service region when such vacancy occurs in a
|
22 |
| multicounty educational service region, each committeeperson
|
23 |
| committeeman to be entitled to
one vote for each vote that was |
24 |
| received in the county represented by such
committeeperson
|
25 |
| committeeman on the committee by the regional superintendent of |
26 |
| schools
whose office is vacant at the last election at which a |
27 |
| regional
superintendent was elected to such office, and the |
28 |
| person receiving the
highest number of affirmative votes from |
29 |
| the committeepersons
committeemen for such vacant
office to be |
30 |
| deemed the person appointed by such committee to fill the
|
31 |
| vacancy. The appointee shall be a member of the same political |
32 |
| party as the
regional superintendent of schools the appointee |
33 |
| succeeds was at the time
such regional superintendent of |
34 |
| schools last was elected. The appointee
shall serve
for the |
35 |
| remainder of the term. However, if more than 28 months remain
|
36 |
| in that term, the appointment shall be until the next general |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| election, at
which time the vacated office shall be filled by |
2 |
| election for the remainder
of the term. Nominations shall be |
3 |
| made and any vacancy in nomination
shall be filled as follows:
|
4 |
| (1) If the vacancy in office occurs before the first |
5 |
| date
provided in Section 7-12 of the Election Code for |
6 |
| filing nomination
papers for county offices for the primary |
7 |
| in the next even-numbered year
following
commencement of |
8 |
| the term of office in which the vacancy
occurs, nominations |
9 |
| for the election for filling the vacancy shall be
made |
10 |
| pursuant to Article 7 of the Election Code.
|
11 |
| (2) If the vacancy in office occurs during the time |
12 |
| provided
in Section 7-12 of the Election Code for filing |
13 |
| nomination papers
for county offices for the primary in the |
14 |
| next even-numbered year following
commencement of the term |
15 |
| of office in which the vacancy occurs,
the time for filing |
16 |
| nomination papers for the primary shall not be
more than 91 |
17 |
| days nor less than 85 days prior to the date of the
|
18 |
| primary.
|
19 |
| (3) If the vacancy in office occurs after the last day |
20 |
| provided
in Section 7-12 of the Election Code for filing |
21 |
| nomination papers for county
offices for the primary in the |
22 |
| next even-numbered year following commencement
of the term |
23 |
| of office in which the vacancy occurs, a
vacancy in |
24 |
| nomination shall be deemed to have occurred and the
county |
25 |
| central committee of each established political party (if |
26 |
| the
vacancy occurs in a single county educational service |
27 |
| region) or the
multi-county educational service region |
28 |
| committee of each
established political party (if the |
29 |
| vacancy occurs in a multi-county
educational service |
30 |
| region) shall nominate, by resolution, a
candidate to fill |
31 |
| the vacancy in nomination for election to the office
at the |
32 |
| general election. In the nomination proceedings to fill the
|
33 |
| vacancy in nomination, each member of the county central |
34 |
| committee or the
multi-county educational service region |
35 |
| committee,
whichever applies, shall have the voting |
36 |
| strength as set forth in Section 7-8
or 7-8.02 of the |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| Election Code, respectively. The name of the
candidate so |
2 |
| nominated shall not appear on the ballot at the general |
3 |
| primary
election. The vacancy in nomination shall be filled |
4 |
| prior to the date
of certification of candidates for the |
5 |
| general election.
|
6 |
| (4) The resolution to fill the vacancy shall be duly
|
7 |
| acknowledged before an officer qualified to take |
8 |
| acknowledgments
of deeds and shall include, upon its face, |
9 |
| the following information:
(A) the name of the original |
10 |
| nominee and the office vacated; (B) the
date on which the |
11 |
| vacancy occurred; and (C) the name and address
of the |
12 |
| nominee selected to fill the vacancy and the date of |
13 |
| selection.
The resolution to fill the vacancy shall be |
14 |
| accompanied by a
statement of candidacy, as prescribed in |
15 |
| Section 7-10 of the
Election Code, completed by the |
16 |
| selected nominee, a certificate
from the State Board of |
17 |
| Education, as prescribed in Section 3-1 of
this Code, and a |
18 |
| receipt indicating that the nominee has filed a
statement |
19 |
| of economic interests as required by the Illinois
|
20 |
| Governmental Ethics Act.
|
21 |
| The provisions of Sections 10-8 through 10-10.1 of the Election |
22 |
| Code
relating to objections to nomination papers, hearings on |
23 |
| objections, and
judicial review shall also apply to and govern |
24 |
| objections to nomination papers
and resolutions for filling |
25 |
| vacancies in nomination filed pursuant to this
Section. Unless |
26 |
| otherwise specified in this Section, the nomination and
|
27 |
| election provided for in this Section is governed by the |
28 |
| general election
law.
|
29 |
| Except as otherwise provided by applicable county |
30 |
| ordinance or by law, if
a vacancy occurs in the office of |
31 |
| regional superintendent of schools of an
educational service |
32 |
| region that is located in a county that is a home rule unit
and |
33 |
| that has a population of less than 2,000,000 inhabitants, that |
34 |
| vacancy
shall be filled by the county board of such home rule |
35 |
| county.
|
36 |
| Until July 1, 2003 or until the regional superintendent of |
|
|
|
HB4177 |
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LRB094 14557 JAM 49498 b |
|
|
1 |
| schools elected
in
2002 takes office, whichever occurs first, |
2 |
| if a vacancy exists in the
office of regional
superintendent of |
3 |
| schools of an educational service region that is located
in a |
4 |
| county that is a home rule unit and that has a population of
|
5 |
| 2,000,000 or more inhabitants, then that vacancy shall be |
6 |
| filled by the first
assistant superintendent/deputy |
7 |
| superintendent until the end of the
term to which the regional |
8 |
| superintendent was elected.
|
9 |
| Any person appointed to fill a vacancy in the office of
|
10 |
| regional superintendent of schools of any educational service |
11 |
| region must
possess the qualifications required to be elected |
12 |
| to the position of
regional superintendent of schools, and |
13 |
| shall obtain a certificate of
eligibility from the State |
14 |
| Superintendent of Education and file same with
the county clerk |
15 |
| of the county in which the regional superintendent's office
is |
16 |
| located.
|
17 |
| If the regional superintendent of schools is called into |
18 |
| the active military
service of the United States, his office |
19 |
| shall not be deemed to be vacant,
but a temporary appointment |
20 |
| shall be made as in the case of a vacancy.
The appointee shall |
21 |
| perform all the duties of the regional superintendent
of |
22 |
| schools during the time the regional superintendent of schools |
23 |
| is in
the active military service of the United States, and |
24 |
| shall be paid the
same compensation apportioned as to the time |
25 |
| of service, and such appointment
and all authority thereunder |
26 |
| shall cease upon the discharge of the regional
superintendent |
27 |
| of schools from such active military service. The appointee
|
28 |
| shall give the same bond as is required of a regularly elected |
29 |
| regional
superintendent of schools.
|
30 |
| (Source: P.A. 92-277, eff. 8-7-01; 92-869, eff. 1-3-03.)
|