Bill Text: IL HB4446 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the State's Attorney Division of the Counties Code. Provides that, beginning on December 1, 2024, the Office of the State's Attorney of Cook County will include 5 elected Deputy State's Attorneys and one elected, at large, State's Attorney. Provides that each Deputy State's Attorney will represent a district, consisting of 3 Cook County judicial subcircuit districts, and have all powers and duties of the State's Attorney within that district, except that the State's Attorney will retain powers relating to: (i) defense of Cook County; (ii) internal operations; (iii) performing the duties of a vacant office of a Deputy State's Attorney; and (iv) arbitration of disputes between Deputy State's Attorneys and approval of shared operations between the two or more jurisdictions. Contains other provisions about the election of Deputy State's Attorneys and vacancies in the office of a Deputy State's Attorney. Limits home rule powers. Amends the Election Code making conforming changes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-03 - Referred to Rules Committee [HB4446 Detail]
Download: Illinois-2019-HB4446-Introduced.html
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1 | AN ACT concerning local government.
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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 2A-21, 7-10, and 7-34 as follows:
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6 | (10 ILCS 5/2A-21) (from Ch. 46, par. 2A-21)
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7 | Sec. 2A-21. State's Attorney and Deputy State's Attorney - | ||||||||||||||||||||||||||||||
8 | Time of Election. | ||||||||||||||||||||||||||||||
9 | (a) State's Attorneys
shall be elected at the general | ||||||||||||||||||||||||||||||
10 | election in 1980 and at the general
election every 4 years | ||||||||||||||||||||||||||||||
11 | thereafter.
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12 | (b) Deputy State's Attorneys in Cook County shall be | ||||||||||||||||||||||||||||||
13 | elected at the general election in 2024 and at the general | ||||||||||||||||||||||||||||||
14 | election every 4 years thereafter. | ||||||||||||||||||||||||||||||
15 | (Source: P.A. 80-936.)
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16 | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
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17 | Sec. 7-10. Form of petition for nomination. The name of no | ||||||||||||||||||||||||||||||
18 | candidate for
nomination, or State central committeeperson, or | ||||||||||||||||||||||||||||||
19 | township committeeperson, or
precinct committeeperson, or ward | ||||||||||||||||||||||||||||||
20 | committeeperson or candidate for delegate or
alternate | ||||||||||||||||||||||||||||||
21 | delegate to national nominating conventions, shall be printed
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22 | upon the primary ballot unless a petition for nomination has |
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1 | been filed in
his behalf as provided in this Article in | |||||||||||||||||||||
2 | substantially the following form:
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3 | We, the undersigned, members of and affiliated with the | |||||||||||||||||||||
4 | .... party
and qualified primary electors of the .... party, in | |||||||||||||||||||||
5 | the .... of ....,
in the county of .... and State of Illinois, | |||||||||||||||||||||
6 | do hereby petition that
the following named person or persons | |||||||||||||||||||||
7 | shall be a candidate or candidates
of the .... party for the | |||||||||||||||||||||
8 | nomination for (or in case of committeepersons for
election to) | |||||||||||||||||||||
9 | the office or offices hereinafter specified, to be voted
for at | |||||||||||||||||||||
10 | the primary election to be held on (insert date).
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15 | Name.................. Address.......................
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16 | State of Illinois)
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17 | ) ss.
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18 | County of........)
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19 | I, ...., do hereby certify
that I reside at No. .... | |||||||||||||||||||||
20 | street, in the .... of ...., county of ....,
and State of | |||||||||||||||||||||
21 | ....., that I am 18 years of age or older, that
I am a citizen | |||||||||||||||||||||
22 | of the United States, and that the signatures on this sheet
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23 | were signed
in my presence, and are genuine, and that to the | |||||||||||||||||||||
24 | best of my knowledge
and belief the persons so signing were at |
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1 | the time of signing the
petitions qualified voters of the .... | ||||||
2 | party, and that their respective
residences are correctly | ||||||
3 | stated, as above set forth.
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4 | .........................
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5 | Subscribed and sworn to before me on (insert date).
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6 | .........................
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7 | Each sheet of the petition other than the statement of | ||||||
8 | candidacy and
candidate's statement shall be of uniform size | ||||||
9 | and shall contain above
the space for signatures an appropriate | ||||||
10 | heading giving the information
as to name of candidate or | ||||||
11 | candidates, in whose behalf such petition is
signed; the | ||||||
12 | office, the political party represented and place of
residence; | ||||||
13 | and the heading of each sheet shall be the same.
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14 | Such petition shall be signed by qualified primary electors | ||||||
15 | residing
in the political division for which the nomination is | ||||||
16 | sought in their
own proper persons only and opposite the | ||||||
17 | signature of each signer, his
residence address shall be | ||||||
18 | written or printed. The residence address
required to be | ||||||
19 | written or printed opposite each qualified primary elector's
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20 | name shall include the street address or rural route number of | ||||||
21 | the signer,
as the case may be, as well as the signer's county, | ||||||
22 | and city, village or
town, and state.
However the county or | ||||||
23 | city, village or town, and state of residence of
the electors | ||||||
24 | may be printed on the petition forms where all of the
electors | ||||||
25 | signing the petition reside in the same county or city, village
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1 | or town, and state. Standard abbreviations may be used in | ||||||
2 | writing the
residence address, including street number, if any. | ||||||
3 | At the bottom of
each sheet of such petition shall be added a | ||||||
4 | circulator statement signed by
a person 18 years of age or | ||||||
5 | older who is a citizen of the United States,
stating the street | ||||||
6 | address or rural route number, as the case may be, as well
as | ||||||
7 | the county, city, village or town, and state;
and certifying | ||||||
8 | that the signatures on that sheet of the petition were signed | ||||||
9 | in
his or her presence and certifying that the signatures are | ||||||
10 | genuine; and
either (1) indicating the dates on which that | ||||||
11 | sheet was circulated, or (2)
indicating the first and last | ||||||
12 | dates on which the sheet was circulated, or (3)
certifying that | ||||||
13 | none of the signatures on the sheet were signed more than 90
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14 | days preceding the last day for the filing of the petition and | ||||||
15 | certifying that
to the best of his or her knowledge and belief | ||||||
16 | the persons so signing were at
the time of signing the | ||||||
17 | petitions qualified voters of the political party for
which a | ||||||
18 | nomination is sought. Such statement shall be sworn to before | ||||||
19 | some
officer authorized to administer oaths in this State.
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20 | No petition sheet shall be circulated more than 90 days | ||||||
21 | preceding the
last day provided in Section 7-12 for the filing | ||||||
22 | of such petition.
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23 | The person circulating the petition, or the candidate on | ||||||
24 | whose behalf the
petition is circulated, may strike any | ||||||
25 | signature from the petition,
provided that:
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26 | (1) the person striking the signature shall initial the |
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1 | petition at
the place where the signature is struck; and
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2 | (2) the person striking the signature shall sign a | ||||||
3 | certification
listing the page number and line number of | ||||||
4 | each signature struck from
the petition. Such | ||||||
5 | certification shall be filed as a part of the petition.
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6 | Such sheets before being filed shall be neatly fastened | ||||||
7 | together in
book form, by placing the sheets in a pile and | ||||||
8 | fastening them together
at one edge in a secure and suitable | ||||||
9 | manner, and the sheets shall then
be numbered consecutively. | ||||||
10 | The sheets shall not be fastened by pasting
them together end | ||||||
11 | to end, so as to form a continuous strip or roll. All
petition | ||||||
12 | sheets which are filed with the proper local election | ||||||
13 | officials,
election authorities or the State Board of Elections | ||||||
14 | shall be the original
sheets which have been signed by the | ||||||
15 | voters and by the circulator thereof,
and not photocopies or | ||||||
16 | duplicates of such sheets. Each petition must include
as a part | ||||||
17 | thereof, a statement of candidacy for each of the candidates | ||||||
18 | filing,
or in whose behalf the petition is filed. This | ||||||
19 | statement shall set out the
address of such candidate, the | ||||||
20 | office for which he is a candidate, shall state
that the | ||||||
21 | candidate is a qualified primary voter of the party to which | ||||||
22 | the
petition relates and is qualified for the office specified | ||||||
23 | (in the case of a
candidate for State's Attorney or Deputy | ||||||
24 | State's Attorney, it shall state that the candidate is at the | ||||||
25 | time
of filing such statement a licensed attorney-at-law of | ||||||
26 | this State), shall state
that he has filed (or will file before |
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1 | the close of the petition filing period)
a statement of | |||||||||||||||||||||||||||||
2 | economic interests as required by the Illinois Governmental
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3 | Ethics Act, shall request that the candidate's name be placed | |||||||||||||||||||||||||||||
4 | upon the official
ballot, and shall be subscribed and sworn to | |||||||||||||||||||||||||||||
5 | by such candidate before some
officer authorized to take | |||||||||||||||||||||||||||||
6 | acknowledgment of deeds in the State and shall be in
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7 | substantially the following form:
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8 | Statement of Candidacy
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13 | State of Illinois)
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14 | ) ss.
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15 | County of .......)
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16 | I, ...., being first duly sworn, say that I reside at .... | |||||||||||||||||||||||||||||
17 | Street in the city
(or village) of ...., in the county of ...., | |||||||||||||||||||||||||||||
18 | State of Illinois; that I
am a qualified voter therein and am a | |||||||||||||||||||||||||||||
19 | qualified primary voter of the ....
party; that I am a | |||||||||||||||||||||||||||||
20 | candidate for nomination (for election in the case of | |||||||||||||||||||||||||||||
21 | committeeperson
and delegates and alternate delegates) to the | |||||||||||||||||||||||||||||
22 | office of ....
to be voted upon at the primary election to be | |||||||||||||||||||||||||||||
23 | held on (insert date); that I am
legally qualified (including
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24 | being the holder of any license that may be an eligibility | |||||||||||||||||||||||||||||
25 | requirement
for the office I seek the nomination for) to hold |
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1 | such office and that I
have filed (or I will file before the | ||||||
2 | close of the petition filing period)
a statement of economic | ||||||
3 | interests as required by the Illinois
Governmental Ethics Act | ||||||
4 | and I hereby request that my name be printed
upon the official | ||||||
5 | primary ballot for nomination for (or election to in
the case | ||||||
6 | of committeepersons and delegates and alternate delegates) | ||||||
7 | such
office.
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8 | Signed ......................
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9 | Subscribed and sworn to (or affirmed) before me by ...., | ||||||
10 | who is to me
personally known, on (insert date).
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11 | Signed ....................
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12 | (Official Character)
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13 | (Seal, if officer has one.)
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14 | The petitions, when filed, shall not be withdrawn or added | ||||||
15 | to, and no
signatures shall be revoked except by revocation | ||||||
16 | filed in writing with
the State Board of Elections, election | ||||||
17 | authority or local election
official with whom the petition is | ||||||
18 | required to be filed, and before the
filing of such petition. | ||||||
19 | Whoever forges the name of a signer upon any
petition required | ||||||
20 | by this Article is deemed guilty of a forgery and on
conviction | ||||||
21 | thereof shall be punished accordingly.
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22 | A candidate for the offices listed in this Section must | ||||||
23 | obtain the number
of signatures specified in this Section on | ||||||
24 | his or her petition for nomination.
| ||||||
25 | (a) Statewide office or delegate to a national nominating |
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1 | convention. If a
candidate seeks to run for statewide office or | ||||||
2 | as a delegate or alternate
delegate to a national nominating | ||||||
3 | convention elected from the State at-large,
then the | ||||||
4 | candidate's petition for nomination must contain at least 5,000 | ||||||
5 | but
not more than 10,000 signatures.
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6 | (b) Congressional office or congressional delegate to a | ||||||
7 | national nominating
convention. If a candidate seeks to run for | ||||||
8 | United States Congress or as a
congressional delegate or | ||||||
9 | alternate congressional delegate to a national
nominating | ||||||
10 | convention elected from a congressional district, then the
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11 | candidate's petition for nomination must contain at least the | ||||||
12 | number of
signatures equal to 0.5% of the qualified primary | ||||||
13 | electors of his or her party
in his or her congressional | ||||||
14 | district. In the first primary election following a
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15 | redistricting of congressional districts, a candidate's | ||||||
16 | petition for nomination
must contain at least 600 signatures of | ||||||
17 | qualified primary electors of the
candidate's political party | ||||||
18 | in his or her congressional district.
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19 | (c) County office. If a candidate seeks to run for any | ||||||
20 | countywide office,
including but not limited to county board | ||||||
21 | chairperson or county board
member, elected on an at-large | ||||||
22 | basis, in a county other than Cook County,
then the candidate's | ||||||
23 | petition for nomination must contain at least the number
of | ||||||
24 | signatures equal to 0.5% of the qualified electors of his or | ||||||
25 | her party who
cast votes at the last preceding general election | ||||||
26 | in his or her county. If a
candidate
seeks to run for county |
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1 | board member elected from a county board district, then
the | ||||||
2 | candidate's petition for nomination must contain at least the | ||||||
3 | number of
signatures equal to 0.5% of the qualified primary | ||||||
4 | electors of his or her party
in the
county board district. In | ||||||
5 | the first primary election following a redistricting
of county | ||||||
6 | board districts or the initial establishment of county board
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7 | districts, a candidate's petition for nomination must contain | ||||||
8 | at least the
number of signatures equal to 0.5% of the | ||||||
9 | qualified electors of his or her
party
in the entire county who | ||||||
10 | cast votes at the last preceding general election
divided by | ||||||
11 | the
total number of county board districts comprising the | ||||||
12 | county board; provided
that
in no event shall the number of | ||||||
13 | signatures be less than 25.
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14 | (d) County office; Cook County only.
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15 | (1) If a candidate seeks to run for countywide office | ||||||
16 | in Cook County,
then the candidate's petition for | ||||||
17 | nomination must contain at least the number
of signatures | ||||||
18 | equal to 0.5% of the qualified electors of his or her party | ||||||
19 | who
cast votes at the last preceding general election in | ||||||
20 | Cook County.
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21 | (2) If a candidate seeks to run for Cook County Board | ||||||
22 | Commissioner,
then the candidate's petition for nomination | ||||||
23 | must contain at least the number
of signatures equal to | ||||||
24 | 0.5% of
the qualified primary electors of his or her party | ||||||
25 | in his or her county board
district. In the first primary | ||||||
26 | election following a redistricting of Cook
County Board of |
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1 | Commissioners districts, a candidate's petition for
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2 | nomination must contain at least the number of signatures | ||||||
3 | equal to 0.5% of
the qualified electors of his or her party | ||||||
4 | in the entire county who cast votes
at the last
preceding | ||||||
5 | general election divided by the total number of county | ||||||
6 | board
districts comprising the county board; provided that | ||||||
7 | in no event shall the
number of signatures be less than 25.
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8 | (3) If a candidate seeks to run for Cook County Board | ||||||
9 | of Review
Commissioner, which is elected from a district | ||||||
10 | pursuant to subsection (c)
of Section 5-5 of the Property | ||||||
11 | Tax Code, then the candidate's petition for
nomination must | ||||||
12 | contain at least the number of signatures equal to 0.5% of
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13 | the total number of registered voters in his or her board | ||||||
14 | of
review district in the last general election at which a | ||||||
15 | commissioner was
regularly scheduled to be elected from | ||||||
16 | that board of review district. In no
event shall the number | ||||||
17 | of signatures required be greater than the requisite
number | ||||||
18 | for a candidate who seeks countywide office in Cook County
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19 | under subsection (d)(1) of this Section. In the first | ||||||
20 | primary election
following a redistricting of Cook County | ||||||
21 | Board of Review districts, a
candidate's petition for | ||||||
22 | nomination must contain at least 4,000 signatures
or at | ||||||
23 | least the number of signatures required for a countywide | ||||||
24 | candidate in
Cook County, whichever is less,
of the | ||||||
25 | qualified electors of his or her party in the district.
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26 | (e) Municipal or township office. If a candidate seeks to |
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1 | run for municipal
or township office, then the candidate's | ||||||
2 | petition for nomination must contain
at least the number of | ||||||
3 | signatures equal to 0.5% of the qualified primary
electors of | ||||||
4 | his or her party in the municipality or township. If a | ||||||
5 | candidate
seeks to run for alderman of a municipality, then the | ||||||
6 | candidate's petition for
nomination must contain at least the | ||||||
7 | number of signatures equal to 0.5% of the
qualified primary | ||||||
8 | electors of his or her party of the ward. In the first
primary | ||||||
9 | election following redistricting of aldermanic wards or | ||||||
10 | trustee
districts of a municipality or the initial | ||||||
11 | establishment of wards or districts,
a candidate's petition for | ||||||
12 | nomination must contain the number of signatures
equal to at | ||||||
13 | least 0.5% of the total number of votes cast for the candidate | ||||||
14 | of
that political party who received the highest number of | ||||||
15 | votes in the entire
municipality at the last regular election | ||||||
16 | at which an officer was regularly
scheduled to be elected from
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17 | the entire municipality, divided by the number of wards or | ||||||
18 | districts. In no
event shall the number of signatures be less | ||||||
19 | than 25.
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20 | (f) State central committeeperson. If a candidate seeks to | ||||||
21 | run for State
central committeeperson, then the candidate's | ||||||
22 | petition for nomination must
contain at least 100 signatures of | ||||||
23 | the primary electors of his or her party of
his or
her | ||||||
24 | congressional district.
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25 | (g) Sanitary district trustee. If a candidate seeks to run | ||||||
26 | for trustee of a
sanitary district in which trustees are not |
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1 | elected from wards, then the
candidate's petition for | ||||||
2 | nomination must contain at least the number of
signatures equal | ||||||
3 | to 0.5% of the primary electors of his or her party from the
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4 | sanitary district. If a candidate seeks to run for trustee
of a | ||||||
5 | sanitary district in which trustees are elected from wards, | ||||||
6 | then the
candidate's petition for
nomination must contain at | ||||||
7 | least the number of signatures equal to 0.5% of the
primary | ||||||
8 | electors of his or her party in the ward of that sanitary | ||||||
9 | district. In
the
first primary election following | ||||||
10 | redistricting of sanitary districts elected
from wards, a | ||||||
11 | candidate's petition for nomination must contain at least the
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12 | signatures of 150 qualified primary electors of his or her ward | ||||||
13 | of that
sanitary district.
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14 | (h) Judicial office. If a candidate seeks to run for | ||||||
15 | judicial office in a district, then the candidate's petition | ||||||
16 | for nomination must contain the number of signatures equal to | ||||||
17 | 0.4% of the number of votes cast in that district for the | ||||||
18 | candidate for his or her political party for the office of | ||||||
19 | Governor at the last general election at which a Governor was | ||||||
20 | elected, but in no event less than 500 signatures. If a | ||||||
21 | candidate seeks to run for judicial office in a
circuit or | ||||||
22 | subcircuit, then the candidate's petition for nomination
must | ||||||
23 | contain the number of signatures equal to 0.25% of the number | ||||||
24 | of votes
cast for the judicial candidate of his or her | ||||||
25 | political party who received the
highest number of votes
at the | ||||||
26 | last general election at which a judicial
officer from the same |
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1 | circuit or subcircuit was regularly scheduled
to be elected, | ||||||
2 | but in no event less than 1,000 signatures in circuits and | ||||||
3 | subcircuits located in the First Judicial District or 500 | ||||||
4 | signatures in every other Judicial District.
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5 | (i) Precinct, ward, and township committeeperson. If a | ||||||
6 | candidate seeks to
run for precinct committeeperson, then the | ||||||
7 | candidate's petition for nomination
must contain at least 10 | ||||||
8 | signatures of the primary electors of his or her
party for the | ||||||
9 | precinct. If a candidate seeks to run for ward committeeperson,
| ||||||
10 | then the candidate's petition for nomination must contain no | ||||||
11 | less than the
number of signatures equal to 10% of the primary | ||||||
12 | electors of his or her party
of the ward, but no more than 16% | ||||||
13 | of those same electors; provided that the
maximum number of | ||||||
14 | signatures may be 50 more than the minimum number, whichever
is | ||||||
15 | greater. If a candidate seeks to run for township | ||||||
16 | committeeperson, then the
candidate's petition for nomination | ||||||
17 | must contain no less than the number of
signatures equal to 5% | ||||||
18 | of the primary electors of his or her party of the
township, | ||||||
19 | but no more than 8% of those same electors;
provided that the | ||||||
20 | maximum number of signatures may be 50 more than the
minimum | ||||||
21 | number, whichever is greater.
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22 | (j) State's attorney or regional superintendent of schools | ||||||
23 | for multiple
counties. If
a candidate seeks to run for State's | ||||||
24 | attorney or regional Superintendent of
Schools who serves more | ||||||
25 | than one county, then the candidate's petition for
nomination | ||||||
26 | must contain at least the number of signatures equal to 0.5% of |
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1 | the
primary electors of his or her party in the territory | ||||||
2 | comprising the counties.
| ||||||
3 | (k) Any other office. If a candidate seeks any other | ||||||
4 | office, then the
candidate's petition for nomination must | ||||||
5 | contain at least the number of
signatures equal to 0.5% of the | ||||||
6 | registered voters of the political subdivision,
district, or | ||||||
7 | division for which the nomination is made or 25 signatures,
| ||||||
8 | whichever is greater.
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9 | For purposes of this Section the number of primary electors | ||||||
10 | shall be
determined by taking the total vote cast, in the | ||||||
11 | applicable district, for the
candidate for that political party | ||||||
12 | who received the highest number of votes,
statewide, at the | ||||||
13 | last general election in the State at which electors for
| ||||||
14 | President of the United States were elected. For political | ||||||
15 | subdivisions, the
number of primary electors shall be | ||||||
16 | determined by taking the total vote
cast for the candidate for | ||||||
17 | that political party who received the highest number
of votes | ||||||
18 | in the political subdivision at the last regular election at | ||||||
19 | which an
officer was regularly scheduled to be elected from | ||||||
20 | that subdivision. For wards
or districts of political | ||||||
21 | subdivisions, the number of primary electors shall be
| ||||||
22 | determined by taking the total vote cast for the candidate for | ||||||
23 | that political
party who received the highest number of votes | ||||||
24 | in the ward or district at the
last regular election at which | ||||||
25 | an officer was regularly scheduled to be elected
from that ward | ||||||
26 | or district.
|
| |||||||
| |||||||
1 | A "qualified primary elector" of a party may not
sign | ||||||
2 | petitions for or be a candidate in the primary of more than
one | ||||||
3 | party.
| ||||||
4 | The changes made to this Section of this amendatory Act of | ||||||
5 | the 93rd General
Assembly are declarative of existing law, | ||||||
6 | except for item (3) of subsection
(d).
| ||||||
7 | Petitions of candidates for nomination for offices herein | ||||||
8 | specified,
to be filed with the same officer, may contain the | ||||||
9 | names of 2 or more
candidates of the same political party for | ||||||
10 | the same or different
offices. In the case of the offices of | ||||||
11 | Governor and Lieutenant Governor, a joint petition including | ||||||
12 | one candidate for each of those offices must be filed.
| ||||||
13 | (Source: P.A. 100-1027, eff. 1-1-19 .)
| ||||||
14 | (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
| ||||||
15 | Sec. 7-34. Pollwatchers in a primary election shall be | ||||||
16 | authorized in
the following manner:
| ||||||
17 | (1) Each established political party shall be entitled | ||||||
18 | to appoint
one pollwatcher per precinct. Such pollwatchers | ||||||
19 | must be affiliated with
the political party for which they | ||||||
20 | are pollwatching and must be a registered
voter in | ||||||
21 | Illinois.
| ||||||
22 | (2) Each candidate shall be entitled to appoint two | ||||||
23 | pollwatchers per
precinct. For Federal, State, county, | ||||||
24 | township, and municipal primary elections, the
| ||||||
25 | pollwatchers must be registered to vote in Illinois.
|
| |||||||
| |||||||
1 | (3) Each organization of citizens within the county or | ||||||
2 | political
subdivision, which has among its purposes or | ||||||
3 | interests the investigation
or prosecution of election | ||||||
4 | frauds, and which shall have registered its
name and | ||||||
5 | address and the names and addresses of its principal | ||||||
6 | officers
with the proper election authority at least 40 | ||||||
7 | days before the primary
election, shall be entitled to | ||||||
8 | appoint one pollwatcher per precinct.
For all primary | ||||||
9 | elections, the pollwatcher must be registered to vote in
| ||||||
10 | Illinois.
| ||||||
11 | (3.5) Each State nonpartisan civic organization within | ||||||
12 | the county or political subdivision shall be entitled to | ||||||
13 | appoint one pollwatcher per precinct, provided that no more | ||||||
14 | than 2 pollwatchers appointed by State nonpartisan civic | ||||||
15 | organizations shall be present in a precinct polling place | ||||||
16 | at the same time. Each organization shall have registered | ||||||
17 | the names and addresses of its principal officers with the | ||||||
18 | proper election authority at least 40 days before the | ||||||
19 | primary election. The pollwatchers must be registered to | ||||||
20 | vote in Illinois. For the purpose of this paragraph, a | ||||||
21 | "State nonpartisan civic organization" means any | ||||||
22 | corporation, unincorporated association, or organization | ||||||
23 | that: | ||||||
24 | (i) as part of its written articles of | ||||||
25 | incorporation, bylaws, or charter or by separate | ||||||
26 | written declaration, has among its stated purposes the |
| |||||||
| |||||||
1 | provision of voter information and education, the | ||||||
2 | protection of individual voters' rights, and the | ||||||
3 | promotion of free and equal elections; | ||||||
4 | (ii) is organized or primarily conducts its | ||||||
5 | activities within the State of Illinois; and | ||||||
6 | (iii) continuously maintains an office or business | ||||||
7 | location within the State of Illinois, together with a | ||||||
8 | current listed telephone number (a post office box | ||||||
9 | number without a current listed telephone number is not | ||||||
10 | sufficient).
| ||||||
11 | (4) Each organized group of proponents or opponents of | ||||||
12 | a ballot
proposition, which shall have registered the name | ||||||
13 | and address of its
organization or committee and the name | ||||||
14 | and address of its chair with
the proper election authority | ||||||
15 | at least 40 days before the primary
election, shall be | ||||||
16 | entitled to appoint one pollwatcher per precinct. The
| ||||||
17 | pollwatcher must be registered to vote in Illinois.
| ||||||
18 | (5) In any primary election held to nominate candidates | ||||||
19 | for the offices
of a municipality of less than 3,000,000 | ||||||
20 | population that is situated in
2 or more counties, a | ||||||
21 | pollwatcher who is a resident of a county in which
any part | ||||||
22 | of the municipality is
situated shall be eligible to serve | ||||||
23 | as a pollwatcher in any polling place
located within such | ||||||
24 | municipality, provided that such pollwatcher otherwise
| ||||||
25 | complies with the respective requirements of subsections | ||||||
26 | (1) through (4)
of this Section and is a registered voter |
| |||||||
| |||||||
1 | whose residence is within
Illinois.
| ||||||
2 | All pollwatchers shall be required to have proper | ||||||
3 | credentials. Such
credentials shall be printed in sufficient | ||||||
4 | quantities, shall be issued
by and under the facsimile | ||||||
5 | signature(s) of the election authority and
shall be available | ||||||
6 | for distribution at least 2 weeks prior to the
election. Such | ||||||
7 | credentials shall be authorized by the real or facsimile
| ||||||
8 | signature of the State or local party official or the candidate | ||||||
9 | or the
presiding officer of the civic organization or the chair | ||||||
10 | of the
proponent or opponent group, as the case may be.
| ||||||
11 | Pollwatcher credentials shall be in substantially the | ||||||
12 | following form:
| ||||||
13 | POLLWATCHER CREDENTIALS
| ||||||
14 | TO THE JUDGES OF ELECTION:
| ||||||
15 | In accordance with the provisions of the Election Code,
the | ||||||
16 | undersigned hereby appoints ........... (name of pollwatcher)
| ||||||
17 | at .......... (address) in the county of ...........,
| ||||||
18 | .......... (township or municipality) of ........... (name), | ||||||
19 | State of Illinois
and who is duly registered to vote from this | ||||||
20 | address,
to act as a pollwatcher in the ........... precinct of | ||||||
21 | the
.......... ward (if applicable) of the ...........
| ||||||
22 | (township or municipality) of ........... at the
........... | ||||||
23 | election to be held on (insert date).
| ||||||
24 | ........................ (Signature of Appointing Authority)
| ||||||
25 | ........................ TITLE (party official, candidate,
|
| |||||||
| |||||||
1 | civic organization president,
| ||||||
2 | proponent or opponent group chair)
| ||||||
3 | Under penalties provided by law pursuant to Section 29-10 | ||||||
4 | of the
Election Code, the undersigned pollwatcher certifies | ||||||
5 | that he or she resides
at .............. (address) in the | ||||||
6 | county of ........., ......... (township
or municipality) of | ||||||
7 | .......... (name), State of Illinois, and is duly
registered to | ||||||
8 | vote in Illinois.
| ||||||
9 | ........................... ..........................
| ||||||
10 | (Precinct and/or Ward in (Signature of Pollwatcher)
| ||||||
11 | Which Pollwatcher Resides)
| ||||||
12 | Pollwatchers must present their credentials to the Judges | ||||||
13 | of Election
upon entering the polling place. Pollwatcher | ||||||
14 | credentials properly
executed and signed shall be proof of the | ||||||
15 | qualifications of the
pollwatcher authorized thereby. Such | ||||||
16 | credentials are retained by the
Judges and returned to the | ||||||
17 | Election Authority at the end of the day of election
with the | ||||||
18 | other election materials. Once a pollwatcher has surrendered a
| ||||||
19 | valid credential, he may leave and reenter the polling place | ||||||
20 | provided
that such continuing action does not disrupt the | ||||||
21 | conduct of the election.
Pollwatchers may be substituted during | ||||||
22 | the course of the day, but established
political parties, | ||||||
23 | candidates, qualified civic organizations and proponents
and | ||||||
24 | opponents of a ballot proposition can have only as many | ||||||
25 | pollwatchers
at any given time as are authorized in this |
| |||||||
| |||||||
1 | Article. A substitute must
present his signed credential to the | ||||||
2 | judges of election upon entering the
polling place. Election | ||||||
3 | authorities must provide a sufficient number of
credentials to | ||||||
4 | allow for substitution of pollwatchers.
After the polls have | ||||||
5 | closed, pollwatchers shall be allowed to
remain until the | ||||||
6 | canvass of votes is completed; but may leave and
reenter only | ||||||
7 | in cases of necessity, provided that such action is not so
| ||||||
8 | continuous as to disrupt the canvass of votes.
| ||||||
9 | Candidates seeking office in a district or municipality | ||||||
10 | encompassing 2
or more counties shall be admitted to any and | ||||||
11 | all polling places throughout
such district or municipality | ||||||
12 | without regard to the counties in which such
candidates are | ||||||
13 | registered to vote. Actions of such candidates shall be
| ||||||
14 | governed in each polling place by the same privileges and | ||||||
15 | limitations that
apply to pollwatchers as provided in this | ||||||
16 | Section. Any such candidate who
engages in an activity in a | ||||||
17 | polling place which could reasonably be
construed by a majority | ||||||
18 | of the judges of election as campaign activity
shall be removed | ||||||
19 | forthwith from such polling place.
| ||||||
20 | Candidates seeking office in a district or municipality | ||||||
21 | encompassing 2 or
more counties who desire to be admitted to | ||||||
22 | polling places on election day
in such district or municipality | ||||||
23 | shall be required to have proper
credentials. Such credentials | ||||||
24 | shall be printed in sufficient quantities,
shall be issued by | ||||||
25 | and under the facsimile signature of the
election authority of | ||||||
26 | the election jurisdiction where the polling place in
which the |
| |||||||
| |||||||
1 | candidate seeks admittance is located, and shall be available | ||||||
2 | for
distribution at least 2 weeks prior to the election. Such | ||||||
3 | credentials shall
be signed by the candidate.
| ||||||
4 | Candidate credentials shall be in substantially the | ||||||
5 | following form:
| ||||||
6 | CANDIDATE CREDENTIALS
| ||||||
7 | TO THE JUDGES OF ELECTION:
| ||||||
8 | In accordance with the provisions of the Election Code, I | ||||||
9 | ...... (name of
candidate) hereby certify that I am a candidate | ||||||
10 | for ....... (name of
office) and seek admittance to ....... | ||||||
11 | precinct of the ....... ward (if
applicable) of the ....... | ||||||
12 | (township or municipality) of ....... at the
....... election | ||||||
13 | to be held on (insert date).
| ||||||
14 | ......................... .......................
| ||||||
15 | (Signature of Candidate) OFFICE FOR WHICH
| ||||||
16 | CANDIDATE SEEKS
| ||||||
17 | NOMINATION OR
| ||||||
18 | ELECTION
| ||||||
19 | Pollwatchers shall be permitted to observe all proceedings | ||||||
20 | and view all reasonably requested records relating
to the | ||||||
21 | conduct of the election, provided the secrecy of the ballot is | ||||||
22 | not impinged, and to station themselves in a position
in the | ||||||
23 | voting room as will enable them to observe the judges making | ||||||
24 | the
signature comparison between the voter application and the |
| |||||||
| |||||||
1 | voter
registration record card; provided, however, that such | ||||||
2 | pollwatchers
shall not be permitted to station themselves in | ||||||
3 | such close proximity to
the judges of election so as to | ||||||
4 | interfere with the orderly conduct of
the election and shall | ||||||
5 | not, in any event, be permitted to handle
election materials. | ||||||
6 | Pollwatchers may challenge for cause the voting
qualifications | ||||||
7 | of a person offering to vote and may call to the
attention of | ||||||
8 | the judges of election any incorrect procedure or apparent
| ||||||
9 | violations of this Code.
| ||||||
10 | If a majority of the judges of election determine that the | ||||||
11 | polling
place has become too overcrowded with pollwatchers so | ||||||
12 | as to interfere
with the orderly conduct of the election, the | ||||||
13 | judges shall, by lot,
limit such pollwatchers to a reasonable | ||||||
14 | number, except that each
candidate and each established or new | ||||||
15 | political party shall be permitted
to have at least one | ||||||
16 | pollwatcher present.
| ||||||
17 | Representatives of an election authority, with regard to an | ||||||
18 | election
under its jurisdiction, the State Board of Elections, | ||||||
19 | and law
enforcement agencies, including but not limited to a | ||||||
20 | United States
Attorney, a State's attorney, a Deputy State's | ||||||
21 | Attorney, the Attorney General, and a State, county,
or local | ||||||
22 | police department, in the performance of their official
| ||||||
23 | election duties, shall be permitted at all times to enter and | ||||||
24 | remain in
the polling place. Upon entering the polling place, | ||||||
25 | such
representatives shall display their official credentials | ||||||
26 | or other
identification to the judges of election.
|
| |||||||
| |||||||
1 | Uniformed police officers assigned to polling place duty | ||||||
2 | shall follow
all lawful instructions of the judges of election.
| ||||||
3 | The provisions of this Section shall also apply to | ||||||
4 | supervised casting of vote by mail
ballots as provided in | ||||||
5 | Section 19-12.2 of this Act.
| ||||||
6 | (Source: P.A. 100-1027, eff. 1-1-19 .)
| ||||||
7 | Section 10. The Counties Code is amended by adding Section | ||||||
8 | 3-9014 as follows:
| ||||||
9 | (55 ILCS 5/3-9014 new) | ||||||
10 | Sec. 3-9014. Cook County Office of State's Attorney. | ||||||
11 | (a) Beginning on December 1, 2024, the Office of the | ||||||
12 | State's Attorney of Cook County will include 5 elected Deputy | ||||||
13 | State's Attorneys and one elected, at large, State's Attorney. | ||||||
14 | Beginning with the general election held in 2024 and at each | ||||||
15 | succeeding general election, the Deputy State's Attorneys | ||||||
16 | shall be elected from 5 districts as follows: | ||||||
17 | (1) District 1: Cook County judicial subcircuit | ||||||
18 | districts 9, 12, and 13. | ||||||
19 | (2) District 2: Cook County judicial subcircuit | ||||||
20 | districts 4, 10, and 11. | ||||||
21 | (3) District 3: Cook County judicial subcircuit | ||||||
22 | districts 6, 7, and 8. | ||||||
23 | (4) District 4: Cook County judicial subcircuit | ||||||
24 | districts 3, 5, and 14. |
| |||||||
| |||||||
1 | (5) District 5: Cook County judicial subcircuit | ||||||
2 | districts 1, 2, and 15. | ||||||
3 | Each Deputy State's Attorney must be a resident of the | ||||||
4 | district to which he or she is elected for at least one year | ||||||
5 | prior to the commencement of the term of office. Nomination of | ||||||
6 | candidates for each Deputy State's Attorney at the initial and | ||||||
7 | each succeeding election shall be made by petition signed in | ||||||
8 | the aggregate for each candidate by not less than 1,000 | ||||||
9 | qualified voters of the district. | ||||||
10 | (b) On and after December 1, 2024, each Deputy State's | ||||||
11 | Attorney elected under this Section has the powers and duties | ||||||
12 | enumerated for a State's Attorney under the law except those | ||||||
13 | powers of the Cook County State's Attorney listed under | ||||||
14 | subsection (c). | ||||||
15 | (c) On and after December 1, 2024, the Cook County State's | ||||||
16 | Attorney powers and duties are limited to: (i) those duties | ||||||
17 | under item (4) of subsection (a) of section 3-9005; (ii) those | ||||||
18 | duties under subsection (a) of Section 3-9006, including the | ||||||
19 | internal operations of the office of each Deputy State's | ||||||
20 | Attorney; (iii) performing the duties of a vacant office of a | ||||||
21 | Deputy State's Attorney until the vacancy is filled; and (iv) | ||||||
22 | to arbitrate any disputes between Deputy State's Attorneys | ||||||
23 | concerning powers, jurisdiction, operations, and negotiate and | ||||||
24 | approve any shared operations between two or more offices of | ||||||
25 | Deputy State's Attorneys. | ||||||
26 | (d) Vacancies within the office of a Deputy State's |
| |||||||
| |||||||
1 | Attorney shall be filled in the same manner provided to fill | ||||||
2 | vacancies of the office of the State's Attorney under this | ||||||
3 | Division. | ||||||
4 | (e) Cook County may not organize or operate the Cook County | ||||||
5 | Office of the State's Attorney in a manner inconsistent with | ||||||
6 | this Section. This Section is a limitation under subsection (i) | ||||||
7 | of Section 6 of Article VII of the Illinois Constitution on the | ||||||
8 | concurrent exercise by home rule units of powers and functions | ||||||
9 | exercised by the State.
|