Bill Text: IL HB0762 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Election Code. Changes the threshold at which a party must poll to be considered a political party, rather than a new political party, from 5% of the entire vote cast in the State in the general election for State and county officers then next preceding a primary to 2%. Includes the President of the United States in the definition of "state office" or "state officer" for certain purposes. Reduces various signature requirements to form a new political party. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0762 Detail]

Download: Illinois-2017-HB0762-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0762

Introduced , by Rep. Allen Skillicorn

SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-2 from Ch. 46, par. 7-2
10 ILCS 5/7-4 from Ch. 46, par. 7-4
10 ILCS 5/8-2 from Ch. 46, par. 8-2
10 ILCS 5/8-3 from Ch. 46, par. 8-3
10 ILCS 5/10-1 from Ch. 46, par. 10-1
10 ILCS 5/10-2 from Ch. 46, par. 10-2
10 ILCS 5/10-3 from Ch. 46, par. 10-3

Amends the Election Code. Changes the threshold at which a party must poll to be considered a political party, rather than a new political party, from 5% of the entire vote cast in the State in the general election for State and county officers then next preceding a primary to 2%. Includes the President of the United States in the definition of "state office" or "state officer" for certain purposes. Reduces various signature requirements to form a new political party. Makes conforming changes. Effective immediately.
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A BILL FOR

HB0762LRB100 08214 MLM 18312 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5Sections 7-2, 7-4, 8-2, 8-3, 10-1, 10-2, and 10-3 as follows:
6 (10 ILCS 5/7-2) (from Ch. 46, par. 7-2)
7 Sec. 7-2. A political party, which at the general election
8for State and county officers then next preceding a primary,
9polled more than 2 5 per cent of the entire vote cast in the
10State, is hereby declared to be a political party within the
11State, and shall nominate all candidates provided for in this
12Article 7 under the provisions hereof, and shall elect
13precinct, township, ward and State central committeemen as
14herein provided.
15 A political party, which at the general election for State
16and county officers then next preceding a primary, cast more
17than 2 5 per cent of the entire vote cast within any
18congressional district, is hereby declared to be a political
19party within the meaning of this Article, within such
20congressional district, and shall nominate its candidate for
21Representative in Congress, under the provisions hereof. A
22political party, which at the general election for State and
23county officers then next preceding a primary, cast more than 2

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15 per cent of the entire vote cast in any county, is hereby
2declared to be a political party within the meaning of this
3Article, within said county, and shall nominate all county
4officers in said county under the provisions hereof, and shall
5elect precinct, township, and ward committeemen, as herein
6provided;
7 A political party, which at the municipal election for
8city, village or incorporated town officers then next preceding
9a primary, cast more than 2 5 per cent of the entire vote cast
10in any city or village, or incorporated town is hereby declared
11to be a political party within the meaning of this Article,
12within said city, village or incorporated town, and shall
13nominate all city, village or incorporated town officers in
14said city or village or incorporated town under the provisions
15hereof to the extent and in the cases provided in Section 7-1.
16 A political party, which at the municipal election for town
17officers then next preceding a primary, cast more than 2 5 per
18cent of the entire vote cast in said town, is hereby declared
19to be a political party within the meaning of this Article,
20within said town, and shall nominate all town officers in said
21town under the provisions hereof to the extent and in the cases
22provided in Section 7-1.
23 A political party, which at the municipal election in any
24other municipality or political subdivision, (except townships
25and school districts), for municipal or other officers therein
26then next preceding a primary, cast more than 2 5 per cent of

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1the entire vote cast in such municipality or political
2subdivision, is hereby declared to be a political party within
3the meaning of this Article, within said municipality or
4political subdivision, and shall nominate all municipal or
5other officers therein under the provisions hereof to the
6extent and in the cases provided in Section 7-1.
7 Provided, that no political organization or group shall be
8qualified as a political party hereunder, or given a place on a
9ballot, which organization or group is associated, directly or
10indirectly, with Communist, Fascist, Nazi or other un-American
11principles and engages in activities or propaganda designed to
12teach subservience to the political principles and ideals of
13foreign nations or the overthrow by violence of the established
14constitutional form of government of the United States and the
15State of Illinois.
16(Source: Laws 1943, vol. 2, p. 1.)
17 (10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
18 Sec. 7-4. The following words and phrases in this Article 7
19shall, unless the same be inconsistent with the context, be
20construed as follows:
21 1. The word "primary" the primary elections provided for in
22this Article, which are the general primary, the consolidated
23primary, and for those municipalities which have annual
24partisan elections for any officer, the municipal primary held
256 weeks prior to the general primary election date in even

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1numbered years.
2 2. The definition of terms in Section 1-3 of this Act shall
3apply to this Article.
4 3. The word "precinct" a voting district heretofore or
5hereafter established by law within which all qualified
6electors vote at one polling place.
7 4. The words "state office" or "state officer", an office
8to be filled, or an officer to be voted for, by qualified
9electors of the entire state, including President of the United
10States, United States Senator, and Congressman at large.
11 5. The words "congressional office" or "congressional
12officer", representatives in Congress.
13 6. The words "county office" or "county officer," include
14an office to be filled or an officer to be voted for, by the
15qualified electors of the entire county. "County office" or
16"county officer" also include the assessor and board of appeals
17and county commissioners and president of county board of Cook
18County, and county board members and the chairman of the county
19board in counties subject to "An Act relating to the
20composition and election of county boards in certain counties",
21enacted by the 76th General Assembly.
22 7. The words "city office" and "village office," and
23"incorporated town office" or "city officer" and "village
24officer", and "incorporated town officer" an office to be
25filled or an officer to be voted for by the qualified electors
26of the entire municipality, including aldermen.

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1 8. The words "town office" or "town officer", an office to
2be filled or an officer to be voted for by the qualified
3electors of an entire town.
4 9. The words "town" and "incorporated town" shall
5respectively be defined as in Section 1-3 of this Act.
6 10. The words "delegates and alternate delegates to
7National nominating conventions" include all delegates and
8alternate delegates to National nominating conventions whether
9they be elected from the state at large or from congressional
10districts or selected by State convention unless contrary and
11non-inclusive language specifically limits the term to one
12class.
13 11. "Judicial office" means a post held by a judge of the
14Supreme, Appellate or Circuit Court.
15(Source: P.A. 80-1469.)
16 (10 ILCS 5/8-2) (from Ch. 46, par. 8-2)
17 Sec. 8-2. The term "political party" as used in this
18article shall mean a political party which, at the general
19election for State and county officers then next preceding a
20primary, polled more than 2 per cent of the entire vote cast in
21the State next preceding election for governor, polled at least
22five per cent of the entire vote cast in the State; Provided,
23that no political organization or group shall be qualified as a
24political party hereunder, or given a place on a ballot, which
25organization or group is associated, directly or indirectly,

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1with Communist, Fascist, Nazi or other un-American principles
2and engages in activities or propaganda designed to teach
3subservience to the political principles and ideals of foreign
4nations or the overthrow by violence of the established
5constitutional form of government of the United States and the
6State of Illinois.
7(Source: Laws 1943, vol. 2, p. 1.)
8 (10 ILCS 5/8-3) (from Ch. 46, par. 8-3)
9 Sec. 8-3. The following words and phrases in this article
10shall, unless the same be inconsistent with the context, be
11construed as follows:
12 (1) The terms "legislative office", "legislative officer"
13or "legislator" shall mean a State Senator or Representative in
14the General Assembly.
15 (2) The term "legislative district" shall mean the
16territorial area from which a State Senator is to be elected.
17 (3) The term "representative district" shall mean the
18territorial area from which a Representative in the General
19Assembly is to be elected.
20 (4) The terms "state office" or "state officer", an office
21to be filled, or an officer to be voted for, by qualified
22electors of the entire state, including President of the United
23States, United States Senator, and Congressman at large.
24 (5) The words "congressional office" or "congressional
25officer", representatives in Congress.

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1 (6) The words "county office" or "county officer," include
2an officer to be filled or an officer to be voted for, by the
3qualified electors of the entire county. "County office" or
4"county officer" also include the assessor and board of appeals
5and county commissioners and president of county board of Cook
6County, and county board members and the chairman of the county
7board in counties subject to "An Act relating to the
8composition and election of county boards in certain counties",
9enacted by the 76th General Assembly.
10(Source: P.A. 82-750.)
11 (10 ILCS 5/10-1) (from Ch. 46, par. 10-1)
12 Sec. 10-1. Application of Article to minor political
13parties.
14 (a) Political parties as defined in this Article and
15individual voters to the number and in the manner specified in
16this Article may nominate candidates for public offices whose
17names shall be placed on the ballot to be furnished, as
18provided in this Article. No nominations may be made under this
19Article 10, however, by any established political party which,
20at the general election next preceding, polled more than 2% 5%
21of the entire vote cast in the State, district, or unit of
22local government for which the nomination is made. Those
23nominations provided for in Section 45-5 of the Township Code
24shall be made as prescribed in Sections 45-10 through 45-45 of
25that Code for nominations by established political parties, but

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1minor political parties and individual voters are governed by
2this Article. Any convention, caucus, or meeting of qualified
3voters of any established political party as defined in this
4Article may, however, make one nomination for each office
5therein to be filled at any election for officers of a
6municipality with a population of less than 5,000 by causing a
7certificate of nomination to be filed with the municipal clerk
8no earlier than 113 and no later than 106 days before the
9election at which the nominated candidates are to be on the
10ballot. The municipal caucuses shall be conducted on the first
11Monday in December of even-numbered years, except that, when
12that Monday is a holiday or the eve of a holiday, the caucuses
13shall be held on the next business day following the holiday.
14Every certificate of nomination shall state the facts required
15in Section 10-5 of this Article and shall be signed by the
16presiding officer and by the secretary of the convention,
17caucus, or meeting, who shall add to their signatures their
18places of residence. The certificates shall be sworn to by them
19to be true to the best of their knowledge and belief, and a
20certificate of the oath shall be annexed to the certificate of
21nomination.
22 (b) Publication of the time and place of holding the caucus
23shall be given by the municipal clerk. For municipalities of
24over 500 population, notice of the caucus shall be published in
25a newspaper published in the municipality. If there is no such
26newspaper, then the notice shall be published in a newspaper

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1published in the county and having general circulation in the
2municipality. For municipalities of 500 population or less,
3notice of the caucus shall be given by the municipal clerk by
4posting the notice in 3 of the most public places in the
5municipality. The publication or posting shall be given at
6least 10 days before the caucus.
7 (c) As provided in Sections 3.1-25-20 through 3.1-25-60 of
8the Illinois Municipal Code, a village may adopt a system of
9nonpartisan primary and general elections for the election of
10village officers.
11 (d) Any city, village, or incorporated town with a
12population of 5,000 or less may, by ordinance, determine that
13established political parties shall nominate candidates for
14municipal office in the city, village, or incorporated town by
15primary in accordance with Article 7.
16 (e) Only those voters who reside within the territory for
17which the nomination is made shall be permitted to vote or take
18part in the proceedings of any convention, caucus, or meeting
19of individual voters or of any political party held under this
20Section. No voter shall vote or take part in the proceedings of
21more than one convention, caucus, or meeting to make a
22nomination for the same office.
23(Source: P.A. 97-81, eff. 7-5-11.)
24 (10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
25 Sec. 10-2. The term "political party", as hereinafter used

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1in this Article 10, shall mean any "established political
2party", as hereinafter defined and shall also mean any
3political group which shall hereafter undertake to form an
4established political party in the manner provided for in this
5Article 10: Provided, that no political organization or group
6shall be qualified as a political party hereunder, or given a
7place on a ballot, which organization or group is associated,
8directly or indirectly, with Communist, Fascist, Nazi or other
9un-American principles and engages in activities or propaganda
10designed to teach subservience to the political principles and
11ideals of foreign nations or the overthrow by violence of the
12established constitutional form of government of the United
13States and the State of Illinois.
14 A political party which, at the last general election for
15State and county officers, polled for its candidate for
16Governor more than 2% 5% of the entire vote cast for Governor,
17is hereby declared to be an "established political party" as to
18the State and as to any district or political subdivision
19thereof.
20 A political party which, at the last election in any
21congressional district, legislative district, county,
22township, municipality or other political subdivision or
23district in the State, polled more than 2% 5% of the entire
24vote cast within such territorial area or political
25subdivision, as the case may be, has voted as a unit for the
26election of officers to serve the respective territorial area

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1of such district or political subdivision, is hereby declared
2to be an "established political party" within the meaning of
3this Article as to such district or political subdivision.
4 Any group of persons hereafter desiring to form a new
5political party throughout the State, or in any congressional,
6legislative or judicial district, or in any other district or
7in any political subdivision (other than a municipality) not
8entirely within a single county, shall file with the State
9Board of Elections a petition, as hereinafter provided; and any
10such group of persons hereafter desiring to form a new
11political party within any county shall file such petition with
12the county clerk; and any such group of persons hereafter
13desiring to form a new political party within any municipality
14or township or within any district of a unit of local
15government other than a county shall file such petition with
16the local election official or Board of Election Commissioners
17of such municipality, township or other unit of local
18government, as the case may be. Any such petition for the
19formation of a new political party throughout the State, or in
20any such district or political subdivision, as the case may be,
21shall declare as concisely as may be the intention of the
22signers thereof to form such new political party in the State,
23or in such district or political subdivision; shall state in
24not more than 5 words the name of such new political party;
25shall at the time of filing contain a complete list of
26candidates of such party for all offices to be filled in the

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1State, or such district or political subdivision as the case
2may be, at the next ensuing election then to be held; and, if
3such new political party shall be formed for the entire State,
4shall be signed by 1% of the number of voters who voted at the
5next preceding Statewide general election or 10,000 25,000
6qualified voters, whichever is less. If such new political
7party shall be formed for any district or political subdivision
8less than the entire State, such petition shall be signed by
9qualified voters equaling in number not less than 2% 5% of the
10number of voters who voted at the next preceding regular
11election in such district or political subdivision in which
12such district or political subdivision voted as a unit for the
13election of officers to serve its respective territorial area.
14However, whenever the minimum signature requirement for a
15district or political subdivision new political party petition
16shall exceed the minimum number of signatures for State-wide
17new political party petitions at the next preceding State-wide
18general election, such State-wide petition signature
19requirement shall be the minimum for such district or political
20subdivision new political party petition.
21 For the first election following a redistricting of
22congressional districts, a petition to form a new political
23party in a congressional district shall be signed by at least
242,000 5,000 qualified voters of the congressional district. For
25the first election following a redistricting of legislative
26districts, a petition to form a new political party in a

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1legislative district shall be signed by at least 1,200 3,000
2qualified voters of the legislative district. For the first
3election following a redistricting of representative
4districts, a petition to form a new political party in a
5representative district shall be signed by at least 600 1,500
6qualified voters of the representative district.
7 For the first election following redistricting of county
8board districts, or of municipal wards or districts, or for the
9first election following the initial establishment of such
10districts or wards in a county or municipality, a petition to
11form a new political party in a county board district or in a
12municipal ward or district shall be signed by qualified voters
13of the district or ward equal to not less than 2% 5% of the
14total number of votes cast at the preceding general or
15municipal election, as the case may be, for the county or
16municipal office voted on throughout the county or municipality
17for which the greatest total number of votes were cast for all
18candidates, divided by the number of districts or wards, but in
19any event not less than 25 qualified voters of the district or
20ward.
21 In the case of a petition to form a new political party
22within a political subdivision in which officers are to be
23elected from districts and at-large, such petition shall
24consist of separate components for each district from which an
25officer is to be elected. Each component shall be circulated
26only within a district of the political subdivision and signed

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1only by qualified electors who are residents of such district.
2Each sheet of such petition must contain a complete list of the
3names of the candidates of the party for all offices to be
4filled in the political subdivision at large, but the sheets
5comprising each component shall also contain the names of those
6candidates to be elected from the particular district. Each
7component of the petition for each district from which an
8officer is to be elected must be signed by qualified voters of
9the district equalling in number not less than 2% 5% of the
10number of voters who voted at the next preceding regular
11election in such district at which an officer was elected to
12serve the district. The entire petition, including all
13components, must be signed by a total of qualified voters of
14the entire political subdivision equalling in number not less
15than 2% 5% of the number of voters who voted at the next
16preceding regular election in such political subdivision at
17which an officer was elected to serve the political subdivision
18at large.
19 The filing of such petition shall constitute the political
20group a new political party, for the purpose only of placing
21upon the ballot at such next ensuing election such list or an
22adjusted list in accordance with Section 10-11, of party
23candidates for offices to be voted for throughout the State, or
24for offices to be voted for in such district or political
25subdivision less than the State, as the case may be, under the
26name of and as the candidates of such new political party.

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1 If, at such ensuing election, the new political party's
2candidate for Governor shall receive more than 2% 5% of the
3entire votes cast for Governor, then such new political party
4shall become an "established political party" as to the State
5and as to every district or political subdivision thereof. If,
6at such ensuing election, the other candidates of the new
7political party, or any other candidate or candidates of the
8new political party shall receive more than 2% 5% of all the
9votes cast for the office or offices for which they were
10candidates at such election, in the State, or in any district
11or political subdivision, as the case may be, then and in that
12event, such new political party shall become an "established
13political party" within the State or within such district or
14political subdivision less than the State, as the case may be,
15in which such candidate or candidates received more than 2% 5%
16of the votes cast for the office or offices for which they were
17candidates. It shall thereafter nominate its candidates for
18public offices to be filled in the State, or such district or
19political subdivision, as the case may be, under the provisions
20of the laws regulating the nomination of candidates of
21established political parties at primary elections and
22political party conventions, as now or hereafter in force.
23 A political party which continues to receive for its
24candidate for Governor more than 2% 5% of the entire vote cast
25for Governor, shall remain an "established political party" as
26to the State and as to every district or political subdivision

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1thereof. But if the political party's candidate for Governor
2fails to receive more than 2% 5% of the entire vote cast for
3Governor, or if the political party does not nominate a
4candidate for Governor, the political party shall remain an
5"established political party" within the State or within such
6district or political subdivision less than the State, as the
7case may be, only so long as, and only in those districts or
8political subdivisions in which, the candidates of that
9political party, or any candidate or candidates of that
10political party, continue to receive more than 2% 5% of all the
11votes cast for the office or offices for which they were
12candidates at succeeding general or consolidated elections
13within the State or within any district or political
14subdivision, as the case may be.
15 Any such petition shall be filed at the same time and shall
16be subject to the same requirements and to the same provisions
17in respect to objections thereto and to any hearing or hearings
18upon such objections that are hereinafter in this Article 10
19contained in regard to the nomination of any other candidate or
20candidates by petition. If any such new political party shall
21become an "established political party" in the manner herein
22provided, the candidate or candidates of such new political
23party nominated by the petition hereinabove referred to for
24such initial election, shall have power to select any such
25party committeeman or committeemen as shall be necessary for
26the creation of a provisional party organization and

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1provisional managing committee or committees for such party
2within the State, or in any district or political subdivision
3in which the new political party has become established; and
4the party committeeman or committeemen so selected shall
5constitute a provisional party organization for the new
6political party and shall have and exercise the powers
7conferred by law upon any party committeeman or committeemen to
8manage and control the affairs of such new political party
9until the next ensuing primary election at which the new
10political party shall be entitled to nominate and elect any
11party committeeman or committeemen in the State, or in such
12district or political subdivision under any parts of this Act
13relating to the organization of political parties.
14 A candidate for whom a nomination paper has been filed as a
15partisan candidate at a primary election, and who is defeated
16for his or her nomination at the primary election, is
17ineligible for nomination as a candidate of a new political
18party for election in that general election.
19(Source: P.A. 86-875.)
20 (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
21 Sec. 10-3. Nomination of independent candidates (not
22candidates of any political party), for any office to be filled
23by the voters of the State at large may also be made by
24nomination papers signed in the aggregate for each candidate by
251% of the number of voters who voted in the next preceding

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1Statewide general election or 10,000 25,000 qualified voters of
2the State, whichever is less. Nominations of independent
3candidates for public office within any district or political
4subdivision less than the State, may be made by nomination
5papers signed in the aggregate for each candidate by qualified
6voters of such district, or political subdivision, equaling not
7less than 2% 5%, nor more than 8% (or 50 more than the minimum,
8whichever is greater) of the number of persons, who voted at
9the next preceding regular election in such district or
10political subdivision in which such district or political
11subdivision voted as a unit for the election of officers to
12serve its respective territorial area. However, whenever the
13minimum signature requirement for an independent candidate
14petition for a district or political subdivision office shall
15exceed the minimum number of signatures for an independent
16candidate petition for an office to be filled by the voters of
17the State at large at the next preceding State-wide general
18election, such State-wide petition signature requirement shall
19be the minimum for an independent candidate petition for such
20district or political subdivision office. For the first
21election following a redistricting of congressional districts,
22nomination papers for an independent candidate for congressman
23shall be signed by at least 2,000 5,000 qualified voters of the
24congressional district. For the first election following a
25redistricting of legislative districts, nomination papers for
26an independent candidate for State Senator in the General

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1Assembly shall be signed by at least 1,200 3,000 qualified
2voters of the legislative district. For the first election
3following a redistricting of representative districts,
4nomination papers for an independent candidate for State
5Representative in the General Assembly shall be signed by at
6least 600 1,500 qualified voters of the representative
7district. For the first election following redistricting of
8county board districts, or of municipal wards or districts, or
9for the first election following the initial establishment of
10such districts or wards in a county or municipality, nomination
11papers for an independent candidate for county board member, or
12for alderman or trustee of such municipality, shall be signed
13by qualified voters of the district or ward equal to not less
14than 2% 5% nor more than 8% (or 50 more than the minimum,
15whichever is greater) of the total number of votes cast at the
16preceding general or general municipal election, as the case
17may be, for the county or municipal office voted on throughout
18such county or municipality for which the greatest total number
19of votes were cast for all candidates, divided by the number of
20districts or wards, but in any event not less than 25 qualified
21voters of the district or ward. Each voter signing a nomination
22paper shall add to his or her signature his or her place of
23residence, and each voter may subscribe to one nomination for
24such office to be filled, and no more: Provided that the name
25of any candidate whose name may appear in any other place upon
26the ballot shall not be so added by petition for the same

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1office.
2 The person circulating the petition, or the candidate on
3whose behalf the petition is circulated, may strike any
4signature from the petition, provided that;
5 (1) the person striking the signature shall initial the
6 petition at the place where the signature is struck; and
7 (2) the person striking the signature shall sign a
8 certification listing the page number and line number of
9 each signature struck from the petition. Such
10 certification shall be filed as a part of the petition.
11 (3) the persons striking signatures from the petition
12 shall each sign an additional certificate specifying the
13 number of certification pages listing stricken signatures
14 which are attached to the petition and the page numbers
15 indicated on such certifications. The certificate shall be
16 filed as a part of the petition, shall be numbered, and
17 shall be attached immediately following the last page of
18 voters' signatures and before the certifications of
19 stricken signatures.
20 (4) all of the foregoing requirements shall be
21 necessary to effect a valid striking of any signature. The
22 provisions of this Section authorizing the striking of
23 signatures shall not impose any criminal liability on any
24 person so authorized for signatures which may be
25 fraudulent.
26 In the case of the offices of Governor and Lieutenant

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1Governor a joint petition including one candidate for each of
2those offices must be filed.
3 A candidate for whom a nomination paper has been filed as a
4partisan candidate at a primary election, and who is defeated
5for his or her nomination at the primary election, is
6ineligible to be placed on the ballot as an independent
7candidate for election in that general or consolidated
8election.
9 A candidate seeking election to an office for which
10candidates of political parties are nominated by caucus who is
11a participant in the caucus and who is defeated for his or her
12nomination at such caucus, is ineligible to be listed on the
13ballot at that general or consolidated election as an
14independent candidate.
15(Source: P.A. 95-699, eff. 11-9-07.)
16 Section 99. Effective date. This Act takes effect upon
17becoming law.
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