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91_HB1137sam001
LRB9103397JMmbam01
1 AMENDMENT TO HOUSE BILL 1137
2 AMENDMENT NO. . Amend House Bill 1137 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Municipal Code."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Municipal Code is amended by
8 changing Sections 3.1-25-20 and 4-3-5 and adding Section
9 3.1-20-45 as follows:
10 (65 ILCS 5/3.1-20-45 new)
11 Sec. 3.1-20-45. Nonpartisan primary elections;
12 uncontested office. A city incorporated under this Code that
13 elects municipal officers at nonpartisan primary and general
14 elections shall conduct the elections as provided in the
15 Election Code, except that no office for which nomination is
16 uncontested shall be included on the primary ballot and no
17 primary shall be held for that office. For the purposes of
18 this Section, an office is uncontested when not more than two
19 persons to be nominated for each office have timely filed
20 valid nominating papers seeking nomination for the election
21 to that office.
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1 Notwithstanding the preceding paragraph, when a person
2 (i) who has not timely filed valid nomination papers and (ii)
3 who intends to become a write-in candidate for nomination for
4 any office for which nomination is uncontested files a
5 written statement or notice of that intent with the proper
6 election official with whom the nomination papers for that
7 office are filed, a primary ballot must be prepared and a
8 primary must be held for the office. The statement or notice
9 must be filed on or before the 61st day before the
10 consolidated primary election. The statement must contain (i)
11 the name and address of the person intending to become a
12 write-in candidate, (ii) a statement that the person intends
13 to become a write-in candidate, and (iii) the office the
14 person is seeking as a write-in candidate. An election
15 authority has no duty to conduct a primary election or
16 prepare a primary ballot unless a statement meeting the
17 requirements of this paragraph is filed in a timely manner.
18 (65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
19 Sec. 3.1-25-20. Primary election. A village incorporated
20 under this Code shall nominate and elect candidates for
21 president and trustees in nonpartisan primary and general
22 elections as provided in Sections 3.1-25-20 through 3.1-25-55
23 until the electors of the village vote to require the
24 partisan election of the president and trustees at a
25 referendum in the manner provided in Section 3.1-25-65 after
26 January 1, 1992. The provisions of Sections 3.1-25-20 through
27 3.1-25-55 shall apply to all villages incorporated under this
28 Code that have operated under those Sections without the
29 adoption of those provisions by the referendum provided in
30 Section 3.1-25-60 as well as those villages that have adopted
31 those provisions by the referendum provided in Section
32 3.1-25-60 until the electors of those villages vote to
33 require the partisan election of the president and trustees
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1 in the manner provided in Section 3.1-25-65. Villages that
2 have nominated and elected candidates for president and
3 trustees in partisan elections prior to January 1, 1992, may
4 continue to hold partisan elections without conducting a
5 referendum in the manner provided in Section 3.1-25-65. All
6 candidates for nomination to be voted for at all general
7 municipal elections at which a president or trustees, or
8 both, are to be elected under this Article shall be nominated
9 from the village at large by a primary election, except that
10 no primary shall be held where the names of not more than 2
11 persons are entitled to be printed on the primary ballot as
12 candidates for the nomination for each office to be filled at
13 an election at which no other offices are to be filled and
14 those persons, having filed the statement of candidacy and
15 petition required by the general election law, shall be the
16 candidates for office at the general municipal election.
17 Notwithstanding any other provision of law, no primary
18 shall be held in any village when the nomination for every
19 office to be voted upon by the electors of the village is
20 uncontested. If the nomination of candidates is uncontested
21 as to one or more, but not all, of the offices to be voted
22 upon by the electors of the village, then a primary must be
23 held in the village, provided that the primary ballot shall
24 not include those offices in the village for which the
25 nomination is uncontested. For the purposes of the Section,
26 an office is uncontested when not more than the number of
27 persons to be nominated to the office have timely filed valid
28 nominating papers seeking nomination for election to that
29 office.
30 Notwithstanding the preceding paragraph, when a person
31 (i) who has not timely filed valid nomination papers and (ii)
32 who intends to become a write-in candidate for nomination for
33 any office for which nomination is uncontested files a
34 written statement or notice of that intent with the proper
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1 election official with whom the nomination papers for that
2 office are filed, a primary ballot must be prepared and a
3 primary must be held for the office. The statement or notice
4 must be filed on or before the 61st day before the
5 consolidated primary election. The statement must contain
6 (i) the name and address of the person intending to become a
7 write-in candidate, (ii) a statement that the person intends
8 to become a write-in candidate, and (iii) the office the
9 person is seeking as a write-in candidate. An election
10 authority has no duty to conduct a primary election or
11 prepare a primary ballot unless a statement meeting the
12 requirements of this paragraph is filed in a timely manner.
13 Only the names of those persons nominated in the manner
14 prescribed in Sections 3.1-25-20 through 3.1-25-65 shall be
15 placed on the ballot at the general municipal election. The
16 village clerk shall certify the offices to be filled and the
17 candidates for those offices to the proper election authority
18 as provided in the general election law. A primary for those
19 offices, if required, shall be held in accordance with the
20 general election law.
21 (Source: P.A. 87-1119.)
22 (65 ILCS 5/4-3-5) (from Ch. 24, par. 4-3-5)
23 Sec. 4-3-5. All candidates for nomination to be voted for
24 at all general municipal elections at which a mayor and 4
25 commissioners are to be elected under this article shall be
26 nominated from the municipality at large by a primary
27 election, except that no primary shall be held where the
28 names of not more than 2 persons are entitled to be printed
29 on the primary ballot as a candidate for the nomination for
30 each office to be filled at an election at which no other
31 offices are to be voted on and such persons, having filed the
32 statement of candidacy and petition required by the general
33 election law shall be the candidates for office at the
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1 general municipal election.
2 Notwithstanding any other provision of law, no primary
3 shall be held in any municipality when the nomination for
4 every office to be voted upon by the electors of the
5 municipality is uncontested. If the nomination of candidates
6 is uncontested as to one or more, but not all, of the offices
7 to be voted upon by the electors of the municipality, then a
8 primary must be held in the municipality, provided that the
9 primary ballot shall not include those offices in the
10 municipality for which the nomination is uncontested. For
11 the purposes of this Section, an office is uncontested when
12 not more than the number of persons to be nominated to the
13 office have timely filed valid nominating papers seeking
14 nomination for election to that office.
15 Notwithstanding the preceding paragraph, when a person
16 (i) who has not timely filed valid nomination papers and (ii)
17 who intends to become a write-in candidate for nomination for
18 any office for which nomination is uncontested files a
19 written statement or notice of that intent with the proper
20 election official with whom the nomination papers for that
21 office are filed, a primary ballot must be prepared and a
22 primary must be held for the office. The statement or notice
23 must be filed on or before the 61st day before the
24 consolidated primary election. The statement must contain
25 (i) the name and address of the person intending to become a
26 write-in candidate, (ii) a statement that the person intends
27 to become a write-in candidate, and (iii) the office the
28 person is seeking as a write-in candidate. An election
29 authority has no duty to conduct a primary election or
30 prepare a primary ballot unless a statement meeting the
31 requirements of this paragraph is filed in a timely manner.
32 Only the names of those persons nominated in the manner
33 prescribed in this article shall be placed upon the ballot at
34 the general municipal election. The municipal clerk shall
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1 certify the offices to be filled and the candidates therefor
2 to the proper election authority as provided in the general
3 election law.
4 A primary for such offices, if required, shall be held in
5 accordance with the provisions of the general election law.
6 (Source: P.A. 81-1490.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.".