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91_HB4126
LRB9112117JMmb
1 AN ACT to amend the Election Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Section 10-3 as follows:
6 (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
7 Sec. 10-3. Nomination of independent candidates (not
8 candidates of any political party), for any office to be
9 filled by the voters of the State at large may also be made
10 by nomination papers signed in the aggregate for each
11 candidate by the same number of voters as required by law for
12 a nomination petition filed for a candidate of a political
13 party for the same office 1% of the number of voters who
14 voted in the next preceding Statewide general election or
15 25,000 qualified voters of the State, whichever is less.
16 Nominations of independent candidates for public office
17 within any district or political subdivision less than the
18 State, may be made by nomination papers signed in the
19 aggregate for each candidate by qualified voters of such
20 district, or political subdivision, equaling the same number
21 of voters as required by law for a nomination petition filed
22 for a candidate of a political party for the same office not
23 less than 5%, nor more than 8% (or 50 more than the minimum,
24 whichever is greater) of the number of persons, who voted at
25 the next preceding regular election in such district or
26 political subdivision in which such district or political
27 subdivision voted as a unit for the election of officers to
28 serve its respective territorial area, except that
29 independent candidates for the General Assembly shall require
30 the same number of voters as required by law for a nomination
31 petition filed for a candidate of a political party for the
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1 General Assembly.
2 For the purpose of this Section, the number of voters
3 required by law for a nomination petition filed for a
4 candidate of a political party is the actual number, and not
5 a percentage of voters in a previous primary or election,
6 regardless of whether that actual number is required for the
7 candidate of a political party only as an alternative to the
8 percentage of voters and regardless of whether the actual
9 number is required for the candidate of a political party
10 only immediately following redistricting. not less than 10%,
11 nor more than 16% of the number of persons who voted at the
12 next preceding general election in such district or political
13 subdivision in which such district or political subdivision
14 voted as a unit for the election of officers to serve its
15 respective territorial area. However, whenever the minimum
16 signature requirement for an independent candidate petition
17 for a district or political subdivision office shall exceed
18 the minimum number of signatures for an independent candidate
19 petition for an office to be filled by the voters of the
20 State at large at the next preceding State-wide general
21 election, such State-wide petition signature requirement
22 shall be the minimum for an independent candidate petition
23 for such district or political subdivision office. For the
24 first election following a redistricting of congressional
25 districts, nomination papers for an independent candidate for
26 congressman shall be signed by at least 5,000 qualified
27 voters of the congressional district. For the first election
28 following a redistricting of legislative districts,
29 nomination papers for an independent candidate for State
30 Senator in the General Assembly shall be signed by at least
31 3,000 qualified voters of the legislative district. For the
32 first election following a redistricting of representative
33 districts, nomination papers for an independent candidate for
34 State Representative in the General Assembly shall be signed
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1 by at least 1,500 qualified voters of the representative
2 district. For the first election following redistricting of
3 county board districts, or of municipal wards or districts,
4 or for the first election following the initial establishment
5 of such districts or wards in a county or municipality,
6 nomination papers for an independent candidate for county
7 board member, or for alderman or trustee of such
8 municipality, shall be signed by qualified voters of the
9 district or ward equal to not less than 5% nor more than 8%
10 (or 50 more than the minimum, whichever is greater) of the
11 total number of votes cast at the preceding general or
12 general municipal election, as the case may be, for the
13 county or municipal office voted on throughout such county or
14 municipality for which the greatest total number of votes
15 were cast for all candidates, divided by the number of
16 districts or wards, but in any event not less than 25
17 qualified voters of the district or ward. Each voter signing
18 a nomination paper shall add to his signature his place of
19 residence, and each voter may subscribe to one nomination for
20 such office to be filled, and no more: Provided that the name
21 of any candidate whose name may appear in any other place
22 upon the ballot shall not be so added by petition for the
23 same office.
24 The person circulating the petition, or the candidate on
25 whose behalf the petition is circulated, may strike any
26 signature from the petition, provided that;
27 (1) the person striking the signature shall initial
28 the petition at the place where the signature is struck;
29 and
30 (2) the person striking the signature shall sign a
31 certification listing the page number and line number of
32 each signature struck from the petition. Such
33 certification shall be filed as a part of the petition.
34 (3) the persons striking signatures from the
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1 petition shall each sign an additional certificate
2 specifying the number of certification pages listing
3 stricken signatures which are attached to the petition
4 and the page numbers indicated on such certifications.
5 The certificate shall be filed as a part of the petition,
6 shall be numbered, and shall be attached immediately
7 following the last page of voters' signatures and before
8 the certifications of stricken signatures.
9 (4) all of the foregoing requirements shall be
10 necessary to effect a valid striking of any signature.
11 The provisions of this Section authorizing the striking
12 of signatures shall not impose any criminal liability on
13 any person so authorized for signatures which may be
14 fraudulent.
15 In the case of the offices of Governor and Lieutenant
16 Governor a joint petition including one candidate for each of
17 those offices must be filed.
18 Every petition for nomination of an independent candidate
19 for any office for which candidates of established political
20 parties are nominated at the general primary shall be filed
21 within the time designated in Section 7-12 of this Act in
22 regard to nomination at the general primary of any other
23 candidate for such office.
24 A candidate for whom a nomination paper has been filed as
25 a partisan candidate at a primary election, and who is
26 defeated for his or her nomination at the primary election,
27 is ineligible to be placed on the ballot as an independent
28 candidate for election in that general or consolidated
29 election.
30 A candidate seeking election to an office for which
31 candidates of political parties are nominated by caucus who
32 is a participant in the caucus and who is defeated for his or
33 her nomination at such caucus, is ineligible to be listed on
34 the ballot at that general or consolidated election as an
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1 independent candidate.
2 (Source: P.A. 86-867; 86-875; 86-1028; 86-1348.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.