Bill Text: IL HB3535 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Election Code. Changes signature requirements for new political parties and independent candidates so the amounts are equal to those required for established political parties, irrespective of party affiliation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3535 Detail]

Download: Illinois-2019-HB3535-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3535 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
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 signature requirements for new political parties and independent candidates so the amounts are equal to those required for established political parties, irrespective of party affiliation.
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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 10-2 and 10-3 as follows:
(10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
Sec. 10-2. The term "political party", as hereinafter used
in this Article 10, shall mean any "established political
party", as hereinafter defined and shall also mean any
political group which shall hereafter undertake to form an
established political party in the manner provided for in this
Article 10: Provided, that no political organization or group
shall be qualified as a political party hereunder, or given a
place on a ballot, which organization or group is associated,
directly or indirectly, with Communist, Fascist, Nazi or other
un-American principles and engages in activities or propaganda
designed to teach subservience to the political principles and
ideals of foreign nations or the overthrow by violence of the
established constitutional form of government of the United
States and the State of Illinois.
A political party which, at the last general election for
State and county officers, polled for its candidate for
Governor more than 5% of the entire vote cast for Governor, is

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hereby declared to be an "established political party" as to
the State and as to any district or political subdivision
thereof.
A political party which, at the last election in any
congressional district, legislative district, county,
township, municipality or other political subdivision or
district in the State, polled more than 5% of the entire vote
cast within such territorial area or political subdivision, as
the case may be, has voted as a unit for the election of
officers to serve the respective territorial area of such
district or political subdivision, is hereby declared to be an
"established political party" within the meaning of this
Article as to such district or political subdivision.
Any group of persons hereafter desiring to form a new
political party throughout the State, or in any congressional,
legislative or judicial district, or in any other district or
in any political subdivision (other than a municipality) not
entirely within a single county, shall file with the State
Board of Elections a petition, as hereinafter provided; and any
such group of persons hereafter desiring to form a new
political party within any county shall file such petition with
the county clerk; and any such group of persons hereafter
desiring to form a new political party within any municipality
or township or within any district of a unit of local
government other than a county shall file such petition with
the local election official or Board of Election Commissioners

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of such municipality, township or other unit of local
government, as the case may be. Any such petition for the
formation of a new political party throughout the State, or in
any such district or political subdivision, as the case may be,
shall declare as concisely as may be the intention of the
signers thereof to form such new political party in the State,
or in such district or political subdivision; shall state in
not more than 5 words the name of such new political party;
shall at the time of filing contain a complete list of
candidates of such party for all offices to be filled in the
State, or such district or political subdivision as the case
may be, at the next ensuing election then to be held; and, if
such new political party shall be formed for the entire State,
shall be signed by least 5,000 but not more than 10,000
qualified voters 1% of the number of voters who voted at the
next preceding Statewide general election or 25,000 qualified
voters, whichever is less. If such new political party shall be
formed for any district or political subdivision less than the
entire State, such petition shall be signed by qualified voters
equaling in number not less than 0.5% of the qualified voters
5% of the number of voters who voted at the next preceding
regular election in such district or political subdivision in
which such district or political subdivision voted as a unit
for the election of officers to serve its respective
territorial area. However, whenever the minimum signature
requirement for a district or political subdivision new

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political party petition shall exceed the minimum number of
signatures for State-wide new political party petitions at the
next preceding State-wide general election, such State-wide
petition signature requirement shall be the minimum for such
district or political subdivision new political party
petition.
For the first election following a redistricting of
congressional districts, a petition to form a new political
party in a congressional district shall be signed by at least
5,000 qualified voters of the congressional district. For the
first election following a redistricting of legislative
districts, a petition to form a new political party in a
legislative district shall be signed by at least 600 3,000
qualified voters of the legislative district. For the first
election following a redistricting of representative
districts, a petition to form a new political party in a
representative district shall be signed by at least 0.5% of the
1,500 qualified voters of the representative district.
For the first election following redistricting of county
board districts, or of municipal wards or districts, or for the
first election following the initial establishment of such
districts or wards in a county or municipality, a petition to
form a new political party in a county board district or in a
municipal ward or district shall be signed by qualified voters
of the district or ward equal to not less than 0.5% of the
qualified voters of the district or ward 5% of the total number

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of votes cast at the preceding general or municipal election,
as the case may be, for the county or municipal office voted on
throughout the county or municipality for which the greatest
total number of votes were cast for all candidates, divided by
the number of districts or wards, but in any event not less
than 25 qualified voters of the district or ward.
In the case of a petition to form a new political party
within a political subdivision in which officers are to be
elected from districts and at-large, such petition shall
consist of separate components for each district from which an
officer is to be elected. Each component shall be circulated
only within a district of the political subdivision and signed
only by qualified electors who are residents of such district.
Each sheet of such petition must contain a complete list of the
names of the candidates of the party for all offices to be
filled in the political subdivision at large, but the sheets
comprising each component shall also contain the names of those
candidates to be elected from the particular district. Each
component of the petition for each district from which an
officer is to be elected must be signed by qualified voters of
the district equalling in number not less than 0.5% of the
qualified voters that district 5% of the number of voters who
voted at the next preceding regular election in such district
at which an officer was elected to serve the district. The
entire petition, including all components, must be signed by a
total of qualified voters of the entire political subdivision

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equalling in number not less than 0.5% of the qualified voters
of that entire political subdivision 5% of the number of voters
who voted at the next preceding regular election in such
political subdivision at which an officer was elected to serve
the political subdivision at large.
The filing of such petition shall constitute the political
group a new political party, for the purpose only of placing
upon the ballot at such next ensuing election such list or an
adjusted list in accordance with Section 10-11, of party
candidates for offices to be voted for throughout the State, or
for offices to be voted for in such district or political
subdivision less than the State, as the case may be, under the
name of and as the candidates of such new political party.
If, at such ensuing election, the new political party's
candidate for Governor shall receive more than 5% of the entire
votes cast for Governor, then such new political party shall
become an "established political party" as to the State and as
to every district or political subdivision thereof. If, at such
ensuing election, the other candidates of the new political
party, or any other candidate or candidates of the new
political party shall receive more than 5% of all the votes
cast for the office or offices for which they were candidates
at such election, in the State, or in any district or political
subdivision, as the case may be, then and in that event, such
new political party shall become an "established political
party" within the State or within such district or political

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subdivision less than the State, as the case may be, in which
such candidate or candidates received more than 5% of the votes
cast for the office or offices for which they were candidates.
It shall thereafter nominate its candidates for public offices
to be filled in the State, or such district or political
subdivision, as the case may be, under the provisions of the
laws regulating the nomination of candidates of established
political parties at primary elections and political party
conventions, as now or hereafter in force.
A political party which continues to receive for its
candidate for Governor more than 5% of the entire vote cast for
Governor, shall remain an "established political party" as to
the State and as to every district or political subdivision
thereof. But if the political party's candidate for Governor
fails to receive more than 5% of the entire vote cast for
Governor, or if the political party does not nominate a
candidate for Governor, the political party shall remain an
"established political party" within the State or within such
district or political subdivision less than the State, as the
case may be, only so long as, and only in those districts or
political subdivisions in which, the candidates of that
political party, or any candidate or candidates of that
political party, continue to receive more than 5% of all the
votes cast for the office or offices for which they were
candidates at succeeding general or consolidated elections
within the State or within any district or political

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subdivision, as the case may be.
Any such petition shall be filed at the same time and shall
be subject to the same requirements and to the same provisions
in respect to objections thereto and to any hearing or hearings
upon such objections that are hereinafter in this Article 10
contained in regard to the nomination of any other candidate or
candidates by petition. If any such new political party shall
become an "established political party" in the manner herein
provided, the candidate or candidates of such new political
party nominated by the petition hereinabove referred to for
such initial election, shall have power to select any such
party committeeperson or committeepersons as shall be
necessary for the creation of a provisional party organization
and provisional managing committee or committees for such party
within the State, or in any district or political subdivision
in which the new political party has become established; and
the party committeeperson or committeepersons so selected
shall constitute a provisional party organization for the new
political party and shall have and exercise the powers
conferred by law upon any party committeeperson or
committeepersons to manage and control the affairs of such new
political party until the next ensuing primary election at
which the new political party shall be entitled to nominate and
elect any party committeeperson or committeepersons in the
State, or in such district or political subdivision under any
parts of this Act relating to the organization of political

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parties.
A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at the primary election, is
ineligible for nomination as a candidate of a new political
party for election in that general election.
Notwithstanding any other provision of law, on and after
the effective date of this amendatory Act of the 101st General
Assembly, signature requirements for new parties shall be the
same as those for established political parties, irrespective
of party affiliation.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
Sec. 10-3. Nomination of independent candidates (not
candidates of any political party), for any office to be filled
by the voters of the State at large may also be made by
nomination papers signed in the aggregate for each candidate by
at least 5,000 but not more than 10,000 qualified voters 1% of
the number of voters who voted in the next preceding Statewide
general election or 25,000 qualified voters of the State,
whichever is less. Nominations of independent candidates for
public office within any district or political subdivision less
than the State, may be made by nomination papers signed in the
aggregate for each candidate by qualified voters of such
district, or political subdivision, equaling not less than 0.5%

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of the qualified voters of that district or political
subdivision 5%, nor more than 8% (or 50 more than the minimum,
whichever is greater) of the number of persons, who voted at
the next preceding regular election in such district or
political subdivision in which such district or political
subdivision voted as a unit for the election of officers to
serve its respective territorial area. However, whenever the
minimum signature requirement for an independent candidate
petition for a district or political subdivision office shall
exceed the minimum number of signatures for an independent
candidate petition for an office to be filled by the voters of
the State at large at the next preceding State-wide general
election, such State-wide petition signature requirement shall
be the minimum for an independent candidate petition for such
district or political subdivision office. For the first
election following a redistricting of congressional districts,
nomination papers for an independent candidate for congressman
shall be signed by at least 600 5,000 qualified voters of the
congressional district. For the first election following a
redistricting of legislative districts, nomination papers for
an independent candidate for State Senator in the General
Assembly shall be signed by at least 0.5% of the 3,000
qualified voters of the legislative district or 25 signatures,
whichever is greater. For the first election following a
redistricting of representative districts, nomination papers
for an independent candidate for State Representative in the

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General Assembly shall be signed by at least 0.5% of the 1,500
qualified voters of the representative district. For the first
election following redistricting of county board districts, or
of municipal wards or districts, or for the first election
following the initial establishment of such districts or wards
in a county or municipality, nomination papers for an
independent candidate for county board member, or for alderman
or trustee of such municipality, shall be signed by qualified
voters of the district or ward equal to not less than 0.5% of
the qualified voters of that district or ward 5% nor more than
8% (or 50 more than the minimum, whichever is greater) of the
total number of votes cast at the preceding general or general
municipal election, as the case may be, for the county or
municipal office voted on throughout such county or
municipality for which the greatest total number of votes were
cast for all candidates, divided by the number of districts or
wards, but in any event not less than 25 qualified voters of
the district or ward. Each voter signing a nomination paper
shall add to his signature his place of residence, and each
voter may subscribe to one nomination for such office to be
filled, and no more: Provided that the name of any candidate
whose name may appear in any other place upon the ballot shall
not be so added by petition for the same office.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that;

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(1) the person striking the signature shall initial the
petition at the place where the signature is struck; and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
(3) the persons striking signatures from the petition
shall each sign an additional certificate specifying the
number of certification pages listing stricken signatures
which are attached to the petition and the page numbers
indicated on such certifications. The certificate shall be
filed as a part of the petition, shall be numbered, and
shall be attached immediately following the last page of
voters' signatures and before the certifications of
stricken signatures.
(4) all of the foregoing requirements shall be
necessary to effect a valid striking of any signature. The
provisions of this Section authorizing the striking of
signatures shall not impose any criminal liability on any
person so authorized for signatures which may be
fraudulent.
In the case of the offices of Governor and Lieutenant
Governor a joint petition including one candidate for each of
those offices must be filed.
A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated

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for his or her nomination at the primary election, is
ineligible to be placed on the ballot as an independent
candidate for election in that general or consolidated
election.
A candidate seeking election to an office for which
candidates of political parties are nominated by caucus who is
a participant in the caucus and who is defeated for his or her
nomination at such caucus, is ineligible to be listed on the
ballot at that general or consolidated election as an
independent candidate.
Notwithstanding any other provision of law, on and after
the effective date of this amendatory Act of the 101st General
Assembly, signature requirements for independent candidates
shall be the same as those for established political parties,
irrespective of party affiliation.
(Source: P.A. 95-699, eff. 11-9-07.)