Bill Text: IL HB1453 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Election Code. Provides that nothing in provisions concerning the designation of a candidate's name on a nomination petition or ballot shall require a candidate to use his or her spouse's surname after marriage or to return to his or her previous legal surname following a dissolution of marriage.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2020-05-22 - Added Co-Sponsor Rep. Jonathan "Yoni" Pizer [HB1453 Detail]
Download: Illinois-2019-HB1453-Introduced.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||
5 | Sections 7-10.2 and 7-17 as follows:
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6 | (10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
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7 | Sec. 7-10.2. In the designation of the name of a candidate | |||||||||||||||||||||
8 | on a petition for
nomination or certificate of nomination the | |||||||||||||||||||||
9 | candidate's given name or
names, initial or initials, a | |||||||||||||||||||||
10 | nickname by which the candidate is
commonly known, or a | |||||||||||||||||||||
11 | combination thereof, may be used in addition to the
candidate's | |||||||||||||||||||||
12 | surname. If a candidate has changed his or her name, whether by | |||||||||||||||||||||
13 | a statutory or common law procedure in Illinois or any other | |||||||||||||||||||||
14 | jurisdiction, within 3 years before the last day for filing the | |||||||||||||||||||||
15 | petition or certificate for that office, whichever is | |||||||||||||||||||||
16 | applicable, then (i) the candidate's name on the petition or | |||||||||||||||||||||
17 | certificate must be followed by "formerly known as (list all | |||||||||||||||||||||
18 | prior names during the 3-year period) until name changed on | |||||||||||||||||||||
19 | (list date of each such name change)" and (ii) the petition or | |||||||||||||||||||||
20 | certificate must be accompanied by the candidate's affidavit | |||||||||||||||||||||
21 | stating the candidate's previous names during the period | |||||||||||||||||||||
22 | specified in (i) and the date or dates each of those names was | |||||||||||||||||||||
23 | changed; failure to meet these requirements shall be grounds |
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1 | for denying certification of the candidate's name for the | ||||||
2 | ballot or removing the candidate's name from the ballot, as | ||||||
3 | appropriate, but these requirements do not apply to name | ||||||
4 | changes resulting from adoption to assume an adoptive parent's | ||||||
5 | or parents' surname, marriage to assume a spouse's surname, or | ||||||
6 | dissolution of marriage or declaration of invalidity of | ||||||
7 | marriage to assume a former surname. Nothing in this Section | ||||||
8 | shall require a candidate to use his or her spouse's surname | ||||||
9 | after marriage or to return to his or her previous legal | ||||||
10 | surname following a dissolution of marriage. No other | ||||||
11 | designation such as a political slogan, as
defined by Section | ||||||
12 | 7-17, title or degree, or
nickname suggesting or implying | ||||||
13 | possession of a title, degree or professional
status, or | ||||||
14 | similar information may be used in connection with the | ||||||
15 | candidate's
surname.
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16 | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
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17 | (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
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18 | Sec. 7-17. Candidate ballot name procedures.
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19 | (a) Each election authority in each county shall cause to | ||||||
20 | be
printed upon the general primary ballot of each party for | ||||||
21 | each precinct
in his jurisdiction the name of each candidate | ||||||
22 | whose petition for
nomination or for committeeperson has been | ||||||
23 | filed in the office of the
county clerk, as herein provided; | ||||||
24 | and also the name of each candidate
whose name has been | ||||||
25 | certified to his office by the State Board of
Elections, and in |
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1 | the order so certified, except as hereinafter
provided.
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2 | It shall be the duty of the election authority to cause to | ||||||
3 | be printed
upon the consolidated primary ballot of each | ||||||
4 | political party for each
precinct in his jurisdiction the name | ||||||
5 | of each candidate whose name has
been certified to him, as | ||||||
6 | herein provided and which is to be voted for
in such precinct.
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7 | (b) In the designation of the name of a candidate on the | ||||||
8 | primary ballot
the candidate's given name or names, initial or | ||||||
9 | initials, a nickname by
which the candidate is commonly known, | ||||||
10 | or a combination thereof, may be
used in addition to the | ||||||
11 | candidate's surname. If a candidate has changed his or her | ||||||
12 | name, whether by a statutory or common law procedure in | ||||||
13 | Illinois or any other jurisdiction, within 3 years before the | ||||||
14 | last day for filing the petition for nomination, nomination | ||||||
15 | papers, or certificate of nomination for that office, whichever | ||||||
16 | is applicable, then (i) the candidate's name on the primary | ||||||
17 | ballot must be followed by "formerly known as (list all prior | ||||||
18 | names during the 3-year period) until name changed on (list | ||||||
19 | date of each such name change)" and (ii) the petition, papers, | ||||||
20 | or certificate must be accompanied by the candidate's affidavit | ||||||
21 | stating the candidate's previous names during the period | ||||||
22 | specified in (i) and the date or dates each of those names was | ||||||
23 | changed; failure to meet these requirements shall be grounds | ||||||
24 | for denying certification of the candidate's name for the | ||||||
25 | ballot or removing the candidate's name from the ballot, as | ||||||
26 | appropriate, but these requirements do not apply to name |
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1 | changes resulting from adoption to assume an adoptive parent's | ||||||
2 | or parents' surname, marriage to assume a spouse's surname, or | ||||||
3 | dissolution of marriage or declaration of invalidity of | ||||||
4 | marriage to assume a former surname. Nothing in this Section | ||||||
5 | shall require a candidate to use his or her spouse's surname | ||||||
6 | after marriage or to return to his or her previous legal | ||||||
7 | surname following a dissolution of marriage. No other | ||||||
8 | designation such
as a political slogan, title, or degree, or | ||||||
9 | nickname suggesting or
implying possession of
a title, degree | ||||||
10 | or professional status, or similar information may be
used in | ||||||
11 | connection
with the candidate's surname.
For purposes of this | ||||||
12 | Section, a "political slogan" is defined as any
word
or words | ||||||
13 | expressing or connoting a position, opinion, or belief that the
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14 | candidate may espouse, including but not limited to, any word | ||||||
15 | or words
conveying any meaning other than that of the personal | ||||||
16 | identity of the
candidate. A
candidate may not use a political | ||||||
17 | slogan as part of his or her name on the
ballot, | ||||||
18 | notwithstanding that the political slogan may be part of the
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19 | candidate's name.
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20 | (c) The State Board of Elections, a local election | ||||||
21 | official, or an election
authority shall remove any candidate's | ||||||
22 | name designation from a ballot that is
inconsistent with | ||||||
23 | subsection (b) of this Section. In addition, the State Board
of | ||||||
24 | Elections, a local election official, or an election authority | ||||||
25 | shall not
certify to any election authority any candidate name | ||||||
26 | designation that is
inconsistent with subsection (b) of this |
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1 | Section.
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2 | (d) If the State Board of Elections, a local election | ||||||
3 | official, or an
election authority removes a candidate's name | ||||||
4 | designation from a ballot
under subsection (c) of this Section, | ||||||
5 | then the aggrieved candidate may
seek appropriate relief in | ||||||
6 | circuit court.
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7 | (Source: P.A. 100-1027, eff. 1-1-19 .)
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