Bill Text: IL HB1453 | 2019-2020 | 101st General Assembly | Introduced

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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.

Sponsorship: 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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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB1453 Introduced , by Rep. Avery Bourne SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-10.2 from Ch. 46, par. 7-10.2
10 ILCS 5/7-17 from Ch. 46, par. 7-17
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.
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A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 7-10.2 and 7-17 as follows:
(10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
Sec. 7-10.2. In the designation of the name of a candidate
on a petition for nomination or certificate of nomination the
candidate's given name or names, initial or initials, a
nickname by which the candidate is commonly known, or a
combination thereof, may be used in addition to the candidate's
surname. If a candidate has changed his or her name, whether by
a statutory or common law procedure in Illinois or any other
jurisdiction, within 3 years before the last day for filing the
petition or certificate for that office, whichever is
applicable, then (i) the candidate's name on the petition or
certificate must be followed by "formerly known as (list all
prior names during the 3-year period) until name changed on
(list date of each such name change)" and (ii) the petition or
certificate must be accompanied by the candidate's affidavit
stating the candidate's previous names during the period
specified in (i) and the date or dates each of those names was
changed; failure to meet these requirements shall be grounds

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for denying certification of the candidate's name for the
ballot or removing the candidate's name from the ballot, as
appropriate, but these requirements do not apply to name
changes resulting from adoption to assume an adoptive parent's
or parents' surname, marriage to assume a spouse's surname, or
dissolution of marriage or declaration of invalidity of
marriage to assume a former surname. Nothing in this Section
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. No other
designation such as a political slogan, as defined by Section
7-17, title or degree, or nickname suggesting or implying
possession of a title, degree or professional status, or
similar information may be used in connection with the
candidate's surname.
(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
(10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
Sec. 7-17. Candidate ballot name procedures.
(a) Each election authority in each county shall cause to
be printed upon the general primary ballot of each party for
each precinct in his jurisdiction the name of each candidate
whose petition for nomination or for committeeperson has been
filed in the office of the county clerk, as herein provided;
and also the name of each candidate whose name has been
certified to his office by the State Board of Elections, and in

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the order so certified, except as hereinafter provided.
It shall be the duty of the election authority to cause to
be printed upon the consolidated primary ballot of each
political party for each precinct in his jurisdiction the name
of each candidate whose name has been certified to him, as
herein provided and which is to be voted for in such precinct.
(b) In the designation of the name of a candidate on the
primary ballot the candidate's given name or names, initial or
initials, a nickname by which the candidate is commonly known,
or a combination thereof, may be used in addition to the
candidate's surname. If a candidate has changed his or her
name, whether by a statutory or common law procedure in
Illinois or any other jurisdiction, within 3 years before the
last day for filing the petition for nomination, nomination
papers, or certificate of nomination for that office, whichever
is applicable, then (i) the candidate's name on the primary
ballot must be followed by "formerly known as (list all prior
names during the 3-year period) until name changed on (list
date of each such name change)" and (ii) the petition, papers,
or certificate must be accompanied by the candidate's affidavit
stating the candidate's previous names during the period
specified in (i) and the date or dates each of those names was
changed; failure to meet these requirements shall be grounds
for denying certification of the candidate's name for the
ballot or removing the candidate's name from the ballot, as
appropriate, but these requirements do not apply to name

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changes resulting from adoption to assume an adoptive parent's
or parents' surname, marriage to assume a spouse's surname, or
dissolution of marriage or declaration of invalidity of
marriage to assume a former surname. Nothing in this Section
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. No other
designation such as a political slogan, title, or degree, or
nickname suggesting or implying possession of a title, degree
or professional status, or similar information may be used in
connection with the candidate's surname. For purposes of this
Section, a "political slogan" is defined as any word or words
expressing or connoting a position, opinion, or belief that the
candidate may espouse, including but not limited to, any word
or words conveying any meaning other than that of the personal
identity of the candidate. A candidate may not use a political
slogan as part of his or her name on the ballot,
notwithstanding that the political slogan may be part of the
candidate's name.
(c) The State Board of Elections, a local election
official, or an election authority shall remove any candidate's
name designation from a ballot that is inconsistent with
subsection (b) of this Section. In addition, the State Board of
Elections, a local election official, or an election authority
shall not certify to any election authority any candidate name
designation that is inconsistent with subsection (b) of this

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Section.
(d) If the State Board of Elections, a local election
official, or an election authority removes a candidate's name
designation from a ballot under subsection (c) of this Section,
then the aggrieved candidate may seek appropriate relief in
circuit court.
(Source: P.A. 100-1027, eff. 1-1-19.)