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91_HB1677
LRB9100543MWpc
1 AN ACT to amend the Election Code by changing Sections
2 10-2, 10-3, and 10-4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 10-2, 10-3, and 10-4 as follows:
7 (10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
8 Sec. 10-2. The term "political party", as hereinafter
9 used in this Article 10, shall mean any "established
10 political party", as hereinafter defined and shall also mean
11 any political group which shall hereafter undertake to form
12 an established political party in the manner provided for in
13 this Article 10: Provided, that no political organization or
14 group shall be qualified as a political party hereunder, or
15 given a place on a ballot, which organization or group is
16 associated, directly or indirectly, with Communist, Fascist,
17 Nazi or other un-American principles and engages in
18 activities or propaganda designed to teach subservience to
19 the political principles and ideals of foreign nations or the
20 overthrow by violence of the established constitutional form
21 of government of the United States and the State of Illinois.
22 A political party which, at the last general election for
23 State and county officers, polled for its candidate for
24 Governor more than 5% of the entire vote cast for Governor,
25 is hereby declared to be an "established political party" as
26 to the State and as to any district or political subdivision
27 thereof.
28 A political party which, at the last election in any
29 congressional district, legislative district, county,
30 township, municipality or other political subdivision or
31 district in the State, polled more than 5% of the entire vote
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1 cast within such territorial area or political subdivision,
2 as the case may be, has voted as a unit for the election of
3 officers to serve the respective territorial area of such
4 district or political subdivision, is hereby declared to be
5 an "established political party" within the meaning of this
6 Article as to such district or political subdivision.
7 Any group of persons hereafter desiring to form a new
8 political party throughout the State, or in any
9 congressional, legislative or judicial district, or in any
10 other district or in any political subdivision (other than a
11 municipality) not entirely within a single county, shall file
12 with the State Board of Elections a petition, as hereinafter
13 provided; and any such group of persons hereafter desiring to
14 form a new political party within any county shall file such
15 petition with the county clerk; and any such group of persons
16 hereafter desiring to form a new political party within any
17 municipality or township or within any district of a unit of
18 local government other than a county shall file such petition
19 with the local election official or Board of Election
20 Commissioners of such municipality, township or other unit of
21 local government, as the case may be. Any such petition for
22 the formation of a new political party throughout the State,
23 or in any such district or political subdivision, as the case
24 may be, shall declare as concisely as may be the intention of
25 the signers thereof to form such new political party in the
26 State, or in such district or political subdivision; shall
27 state in not more than 5 words the name of such new political
28 party; shall at the time of filing contain a complete list
29 of candidates of such party for all offices to be filled in
30 the State, or such district or political subdivision as the
31 case may be, at the next ensuing election then to be held;
32 and, if such new political party shall be formed for the
33 entire State, shall be signed by not less than 10,000 or more
34 than 20,000 qualified voters. Signatures must be counted
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1 consecutively beginning with the first signature on the first
2 page. A petition with more than 20,000 signatures shall not
3 fail for that reason alone but the excess signatures shall be
4 disregarded in counting toward the minimum numbers 1% of the
5 number of voters who voted at the next preceding Statewide
6 general election or 25,000 qualified voters, whichever is
7 less. If such new political party shall be formed for any
8 district or political subdivision less than the entire State,
9 such petition shall be signed by qualified voters equaling in
10 number not less than 5% of the number of voters who voted at
11 the next preceding regular election in such district or
12 political subdivision in which such district or political
13 subdivision voted as a unit for the election of officers to
14 serve its respective territorial area. However, whenever the
15 minimum signature requirement for a district or political
16 subdivision new political party petition shall exceed the
17 minimum number of signatures for State-wide new political
18 party petitions at the next preceding State-wide general
19 election, such State-wide petition signature requirement
20 shall be the minimum for such district or political
21 subdivision new political party petition.
22 For the first election following a redistricting of
23 congressional districts, a petition to form a new political
24 party in a congressional district shall be signed by at least
25 5,000 qualified voters of the congressional district. For
26 the first election following a redistricting of legislative
27 districts, a petition to form a new political party in a
28 legislative district shall be signed by at least 3,000
29 qualified voters of the legislative district. For the first
30 election following a redistricting of representative
31 districts, a petition to form a new political party in a
32 representative district shall be signed by at least 1,500
33 qualified voters of the representative district.
34 For the first election following redistricting of county
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1 board districts, or of municipal wards or districts, or for
2 the first election following the initial establishment of
3 such districts or wards in a county or municipality, a
4 petition to form a new political party in a county board
5 district or in a municipal ward or district shall be signed
6 by qualified voters of the district or ward equal to not less
7 than 5% of the total number of votes cast at the preceding
8 general or municipal election, as the case may be, for the
9 county or municipal office voted on throughout the county or
10 municipality for which the greatest total number of votes
11 were cast for all candidates, divided by the number of
12 districts or wards, but in any event not less than 25
13 qualified voters of the district or ward.
14 In the case of a petition to form a new political party
15 within a political subdivision in which officers are to be
16 elected from districts and at-large, such petition shall
17 consist of separate components for each district from which
18 an officer is to be elected. Each component shall be
19 circulated only within a district of the political
20 subdivision and signed only by qualified electors who are
21 residents of such district. Each sheet of such petition must
22 contain a complete list of the names of the candidates of the
23 party for all offices to be filled in the political
24 subdivision at large, but the sheets comprising each
25 component shall also contain the names of those candidates to
26 be elected from the particular district. Each component of
27 the petition for each district from which an officer is to be
28 elected must be signed by qualified voters of the district
29 equalling in number not less than 5% of the number of voters
30 who voted at the next preceding regular election in such
31 district at which an officer was elected to serve the
32 district. The entire petition, including all components, must
33 be signed by a total of qualified voters of the entire
34 political subdivision equalling in number not less than 5% of
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1 the number of voters who voted at the next preceding regular
2 election in such political subdivision at which an officer
3 was elected to serve the political subdivision at large.
4 The filing of such petition shall constitute the
5 political group a new political party, for the purpose only
6 of placing upon the ballot at such next ensuing election such
7 list or an adjusted list in accordance with Section 10-11, of
8 party candidates for offices to be voted for throughout the
9 State, or for offices to be voted for in such district or
10 political subdivision less than the State, as the case may
11 be, under the name of and as the candidates of such new
12 political party.
13 If, at such ensuing election, the new political party's
14 candidate for Governor shall receive more than 5% of the
15 entire votes cast for Governor, then such new political party
16 shall become an "established political party" as to the State
17 and as to every district or political subdivision thereof.
18 If, at such ensuing election, the other candidates of the new
19 political party, or any other candidate or candidates of the
20 new political party shall receive more than 5% of all the
21 votes cast for the office or offices for which they were
22 candidates at such election, in the State, or in any district
23 or political subdivision, as the case may be, then and in
24 that event, such new political party shall become an
25 "established political party" within the State or within such
26 district or political subdivision less than the State, as the
27 case may be, in which such candidate or candidates received
28 more than 5% of the votes cast for the office or offices for
29 which they were candidates. It shall thereafter nominate its
30 candidates for public offices to be filled in the State, or
31 such district or political subdivision, as the case may be,
32 under the provisions of the laws regulating the nomination of
33 candidates of established political parties at primary
34 elections and political party conventions, as now or
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1 hereafter in force.
2 A political party which continues to receive for its
3 candidate for Governor more than 5% of the entire vote cast
4 for Governor, shall remain an "established political party"
5 as to the State and as to every district or political
6 subdivision thereof. But if the political party's candidate
7 for Governor fails to receive more than 5% of the entire vote
8 cast for Governor, or if the political party does not
9 nominate a candidate for Governor, the political party shall
10 remain an "established political party" within the State or
11 within such district or political subdivision less than the
12 State, as the case may be, only so long as, and only in those
13 districts or political subdivisions in which, the candidates
14 of that political party, or any candidate or candidates of
15 that political party, continue to receive more than 5% of all
16 the votes cast for the office or offices for which they were
17 candidates at succeeding general or consolidated elections
18 within the State or within any district or political
19 subdivision, as the case may be.
20 Any such petition shall be filed at the same time and
21 shall be subject to the same requirements and to the same
22 provisions in respect to objections thereto and to any
23 hearing or hearings upon such objections that are hereinafter
24 in this Article 10 contained in regard to the nomination of
25 any other candidate or candidates by petition. If any such
26 new political party shall become an "established political
27 party" in the manner herein provided, the candidate or
28 candidates of such new political party nominated by the
29 petition hereinabove referred to for such initial election,
30 shall have power to select any such party committeeman or
31 committeemen as shall be necessary for the creation of a
32 provisional party organization and provisional managing
33 committee or committees for such party within the State, or
34 in any district or political subdivision in which the new
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1 political party has become established; and the party
2 committeeman or committeemen so selected shall constitute a
3 provisional party organization for the new political party
4 and shall have and exercise the powers conferred by law upon
5 any party committeeman or committeemen to manage and control
6 the affairs of such new political party until the next
7 ensuing primary election at which the new political party
8 shall be entitled to nominate and elect any party
9 committeeman or committeemen in the State, or in such
10 district or political subdivision under any parts of this Act
11 relating to the organization of political parties.
12 A candidate for whom a nomination paper has been filed as
13 a partisan candidate at a primary election, and who is
14 defeated for his or her nomination at the primary election,
15 is ineligible for nomination as a candidate of a new
16 political party for election in that general election.
17 (Source: P.A. 86-875.)
18 (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
19 Sec. 10-3. Nomination of independent candidates (not
20 candidates of any political party), for any office to be
21 filled by the voters of the State at large may also be made
22 by nomination papers signed in the aggregate for each
23 candidate by not less than 10,000 or more than 20,000
24 qualified voters. Signatures must be counted consecutively
25 beginning with the first signature on the first page. A
26 petition with more than 20,000 signatures shall not fail for
27 that reason alone but the excess signatures shall be
28 disregarded in counting toward the minimum numbers 1% of the
29 number of voters who voted in the next preceding Statewide
30 general election or 25,000 qualified voters of the State,
31 whichever is less. Nominations of independent candidates for
32 public office within any district or political subdivision
33 less than the State, may be made by nomination papers signed
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1 in the aggregate for each candidate by qualified voters of
2 such district, or political subdivision, equaling not less
3 than 5%, nor more than 8% (or 50 more than the minimum,
4 whichever is greater) of the number of persons, who voted at
5 the next preceding regular election in such district or
6 political subdivision in which such district or political
7 subdivision voted as a unit for the election of officers to
8 serve its respective territorial area, except that
9 independent candidates for the General Assembly shall require
10 not less than 10%, nor more than 16% of the number of persons
11 who voted at the next preceding general election in such
12 district or political subdivision in which such district or
13 political subdivision voted as a unit for the election of
14 officers to serve its respective territorial area. However,
15 whenever the minimum signature requirement for an independent
16 candidate petition for a district or political subdivision
17 office shall exceed the minimum number of signatures for an
18 independent candidate petition for an office to be filled by
19 the voters of the State at large at the next preceding
20 State-wide general election, such State-wide petition
21 signature requirement shall be the minimum for an independent
22 candidate petition for such district or political subdivision
23 office. For the first election following a redistricting of
24 congressional districts, nomination papers for an independent
25 candidate for congressman shall be signed by at least 5,000
26 qualified voters of the congressional district. For the first
27 election following a redistricting of legislative districts,
28 nomination papers for an independent candidate for State
29 Senator in the General Assembly shall be signed by at least
30 3,000 qualified voters of the legislative district. For the
31 first election following a redistricting of representative
32 districts, nomination papers for an independent candidate for
33 State Representative in the General Assembly shall be signed
34 by at least 1,500 qualified voters of the representative
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1 district. For the first election following redistricting of
2 county board districts, or of municipal wards or districts,
3 or for the first election following the initial establishment
4 of such districts or wards in a county or municipality,
5 nomination papers for an independent candidate for county
6 board member, or for alderman or trustee of such
7 municipality, shall be signed by qualified voters of the
8 district or ward equal to not less than 5% nor more than 8%
9 (or 50 more than the minimum, whichever is greater) of the
10 total number of votes cast at the preceding general or
11 general municipal election, as the case may be, for the
12 county or municipal office voted on throughout such county or
13 municipality for which the greatest total number of votes
14 were cast for all candidates, divided by the number of
15 districts or wards, but in any event not less than 25
16 qualified voters of the district or ward. Each voter signing
17 a nomination paper shall add to his signature his place of
18 residence, and each voter may subscribe to one nomination for
19 such office to be filled, and no more: Provided that the name
20 of any candidate whose name may appear in any other place
21 upon the ballot shall not be so added by petition for the
22 same office.
23 The person circulating the petition, or the candidate on
24 whose behalf the petition is circulated, may strike any
25 signature from the petition, provided that;
26 (1) the person striking the signature shall initial
27 the petition at the place where the signature is struck;
28 and
29 (2) the person striking the signature shall sign a
30 certification listing the page number and line number of
31 each signature struck from the petition. Such
32 certification shall be filed as a part of the petition.
33 (3) the persons striking signatures from the
34 petition shall each sign an additional certificate
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1 specifying the number of certification pages listing
2 stricken signatures which are attached to the petition
3 and the page numbers indicated on such certifications.
4 The certificate shall be filed as a part of the petition,
5 shall be numbered, and shall be attached immediately
6 following the last page of voters' signatures and before
7 the certifications of stricken signatures.
8 (4) all of the foregoing requirements shall be
9 necessary to effect a valid striking of any signature.
10 The provisions of this Section authorizing the striking
11 of signatures shall not impose any criminal liability on
12 any person so authorized for signatures which may be
13 fraudulent.
14 In the case of the offices of Governor and Lieutenant
15 Governor a joint petition including one candidate for each of
16 those offices must be filed.
17 Every petition for nomination of an independent candidate
18 for any office for which candidates of established political
19 parties are nominated at the general primary shall be filed
20 within the time designated in Section 7-12 of this Act in
21 regard to nomination at the general primary of any other
22 candidate for such office.
23 A candidate for whom a nomination paper has been filed as
24 a partisan candidate at a primary election, and who is
25 defeated for his or her nomination at the primary election,
26 is ineligible to be placed on the ballot as an independent
27 candidate for election in that general or consolidated
28 election.
29 A candidate seeking election to an office for which
30 candidates of political parties are nominated by caucus who
31 is a participant in the caucus and who is defeated for his or
32 her nomination at such caucus, is ineligible to be listed on
33 the ballot at that general or consolidated election as an
34 independent candidate.
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1 (Source: P.A. 86-867; 86-875; 86-1028; 86-1348.)
2 (10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
3 Sec. 10-4. All petitions for nomination under this
4 Article 10 for candidates for public office in this State,
5 shall in addition to other requirements provided by law, be
6 as follows: Such petitions shall consist of sheets of
7 uniform size and each sheet shall contain, above the space
8 for signature, an appropriate heading, giving the information
9 as to name of candidate or candidates in whose behalf such
10 petition is signed; the office; the party; place of
11 residence; and such other information or wording as required
12 to make same valid, and the heading of each sheet shall be
13 the same. Such petition shall be signed by the qualified
14 voters in their own proper persons only, and opposite the
15 signature of each signer his residence address shall be
16 written or printed. The residence address required to be
17 written or printed opposite each qualified primary elector's
18 name shall include the street address or rural route number
19 of the signer, as the case may be, as well as the signer's
20 city, village or town. However, the county or city, village
21 or town, and state of residence of such electors may be
22 printed on the petition forms where all of the such electors
23 signing the petition reside in the same county or city,
24 village or town, and state. Standard abbreviations may be
25 used in writing the residence address, including street
26 number, if any. No signature shall be valid or be counted in
27 considering the validity or sufficiency of such petition
28 unless the requirements of this Section are complied with. At
29 the bottom of each sheet of such petition shall be added a
30 statement, signed by a registered voter of the political
31 division, who has been a registered voter at all times he or
32 she circulated the petition, for which the candidate or
33 candidates shall be nominated; stating the street address or
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1 rural route number of the voter, as the case may be, as well
2 as the voter's city, village or town certifying that the
3 signatures on that sheet of the petition were signed in his
4 presence; certifying that the signatures are genuine; and
5 either (1) indicating the dates on which that sheet was
6 circulated, or (2) indicating the first and last dates on
7 which the sheet was circulated, or (3) certifying that none
8 of the signatures on the sheet were signed more than 90 days
9 preceding the last day for the filing of the petition, or
10 more than 45 days preceding the last day for filing of the
11 petition in the case of political party and independent
12 candidates for single or multi-county regional
13 superintendents of schools in the 1994 general primary
14 election; and certifying that to the best of his knowledge
15 and belief the persons so signing were at the time of signing
16 the petition duly registered voters under Articles 4, 5 or 6
17 of the Code of the political subdivision or district for
18 which the candidate or candidates shall be nominated, and
19 certifying that their respective residences are correctly
20 stated therein. Such statement shall be sworn to before some
21 officer authorized to administer oaths in this State. No
22 petition sheet shall be circulated more than 90 days
23 preceding the last day provided in Section 10-6 for the
24 filing of such petition, or more than 45 days preceding the
25 last day for filing of the petition in the case of political
26 party and independent candidates for single or multi-county
27 regional superintendents of schools in the 1994 general
28 primary election. Such sheets, before being presented to the
29 electoral board or filed with the proper officer of the
30 electoral district or division of the state or municipality,
31 as the case may be, shall be neatly fastened together in book
32 form, by placing the sheets in a pile and fastening them
33 together at one edge in a secure and suitable manner, and the
34 sheets shall then be numbered consecutively. The sheets
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1 shall not be fastened by pasting them together end to end, so
2 as to form a continuous strip or roll. All petition sheets
3 which are filed with the proper local election officials,
4 election authorities or the State Board of Elections shall be
5 the original sheets which have been signed by the voters and
6 by the circulator, and not photocopies or duplicates of such
7 sheets. A petition, when presented or filed, shall not be
8 withdrawn, altered, or added to, and no signature shall be
9 revoked except by revocation in writing presented or filed
10 with the officers or officer with whom the petition is
11 required to be presented or filed, and before the presentment
12 or filing of such petition. Whoever forges any name of a
13 signer upon any petition shall be deemed guilty of a forgery,
14 and on conviction thereof, shall be punished accordingly.
15 The word "petition" or "petition for nomination", as used
16 herein, shall mean what is sometimes known as nomination
17 papers, in distinction to what is known as a certificate of
18 nomination. The words "political division for which the
19 candidate is nominated", or its equivalent, shall mean the
20 largest political division in which all qualified voters may
21 vote upon such candidate or candidates, as the state in the
22 case of state officers; the township in the case of township
23 officers et cetera. Provided, further, that no person shall
24 circulate or certify petitions for candidates of more than
25 one political party, or for an independent candidate or
26 candidates in addition to one political party, to be voted
27 upon at the next primary or general election, or for such
28 candidates and parties with respect to the same political
29 subdivision at the next consolidated election.
30 In addition to any other requirements of this Article,
31 the nominating petitions for candidates for statewide office
32 of new political parties and independent candidates for
33 statewide office filed with the State Board of Elections must
34 consist of original petitions in bound election jurisdiction
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1 sections. Each section must be composed of consecutively
2 numbered petition sheets containing only the signatures of
3 registered voters of a single jurisdiction. At the top of
4 each petition sheet, the name of the election jurisdiction
5 must be typed or printed in block letters; provided that, if
6 the name of the election jurisdiction is not printed on the
7 petition sheet, the election jurisdiction of the person
8 circulating the petition controls the signatures on that
9 sheet. On the face of the petition, the signer must provide
10 a printed signature as well as a cursive signature. Nothing
11 in this Section prohibits the person circulating each
12 petition sheet from recording all of the signer's required
13 information except for the signer's signature.
14 (Source: P.A. 87-1052; 88-89.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.