Bill Text: IL HB4488 | 2023-2024 | 103rd General Assembly | Enrolled
Bill Title: Creates the Uniform Faithful Presidential Electors Act. Concerning electors for the Electoral College, provides for an alternate elector to fill a vacant position (replacing the procedure currently in the Election Code), including if an elector has marked a ballot in violation of his or her pledge. Requires a political party to submit an elector nominee and an alternate elector nominee to the Secretary of State. Requires an elector nominee and an alternate elector nominee to pledge to vote for the President and Vice President nominees of the party that nominated the elector and alternate elector. Makes conforming changes in the Election Code and provides that an elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector's pledge in the Uniform Faithful Presidential Electors Act may not receive an allowance for food and lodging. Amends the Election Code. Provides that, except during the 27 days immediately preceding any election, the State Board of Elections shall make available to the public the statewide voter registration list, allowing for redaction of telephone numbers, social security numbers, street numbers of home addresses, birth dates, identifiable portions of email addresses, and other highly sensitive personal information. Provides that voting by physically incapacitated electors who have made proper application to the election authority not later than 5 days before the regular primary and general election shall be conducted either through vote by mail procedures or on specified premises (rather than only on specified premises). Provides that the question of whether a unit of local government shall continue to be a home rule unit (rather than shall cease to be a home rule unit) shall be submitted in a form as specified. Replaces some instances of annual or semi-annual reports with quarterly reports. In provisions relating to limitations on campaign contributions, removes provisions inoperative beginning July 1, 2013. Provides that a political committee that receives a contribution from a vendor providing automated traffic systems shall dispose of the contribution by returning the contribution or an amount equal to the contribution to the contributor or by donating the contribution or an amount equal to the contribution to a charity. Removes a reference to the dissolved Task Force on Campaign Finance Reform. Makes changes in provisions concerning limitations on campaign contritions and election judge badges. Removes references to a temporary filing system effective through August 1, 2009. Removes references to specified committees and the county clerk in the Code of Fair Campaign Practices. Repeals provisions relating to contributions by a medical cannabis cultivation center or medical cannabis dispensary organization to any political action committee created by any medical cannabis cultivation center or dispensary organization to make a campaign contribution to any political committee established to promote the candidacy of a candidate or public official. Amends the Illinois Procurement Code. Modifies the definition of "affiliated entity" and removes the definition of "sponsoring entity". Amends the Township Code. Makes changes concerning the date of party caucuses. Provides that the compensation for a supervisor of a township in Cook County may not be increased during the term of office for which the supervisor is elected or appointed. Provides that an ordinance establishing compensation, including an increase or decrease in a supervisor's compensation, shall apply uniformly to the supervisors whose terms start after enactment of the compensation ordinance. Prohibits a township from decreasing the salary for a person elected as supervisor of a township while maintaining the salary of an incumbent. Provides that an ordinance that violates the provisions is null and void. Amends the Downstate Forest Preserve District Act. Restores language concerning how the terms of elected commissioners are to be determined for a forest preserve district having boundaries that are coextensive with the boundaries of a county having a population of more than 800,000 but less than 3,000,000. Specifies that the changes made by the amendatory Act are to be deemed to have been in continuous effect since November 15, 2021 (the effective date of the Public Act that deleted language concerning how the terms of elected commissioners of such a district are to be determined) and are to remain in effect until lawfully repealed. Provides that all actions that were taken on or after 2021 and before the effective date of the amendatory Act by a downstate forest preserve district or any other person and that are consistent with or in reliance on the changes made by the amendatory Act are validated. Amends the Re-Entering Citizens Civics Education Act. Changes the short title of the Act to the Reintegration and Civic Empowerment Act. Provides that the Department of Corrections shall conduct the civics peer education program each of the 3 sessions not less than twice a month at each correctional institution totaling not less than 6 sessions per month at each correctional institution. Provides that the civics peer education program and workshops must be made available to all committed persons regardless of the date they were first committed or the length of their sentence. Amends the Unified Code of Corrections to make conforming changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Enrolled) 2024-06-06 - Sent to the Governor [HB4488 Detail]
Download: Illinois-2023-HB4488-Enrolled.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | ARTICLE 5. | ||||||
5 | Section 5-1. Short title. This Act may be cited as the | ||||||
6 | Uniform Faithful Presidential Electors Act. As used in this | ||||||
7 | Article, "this Act" refers to this Article.
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8 | Section 5-5. Definitions. As used in this Act: | ||||||
9 | "Cast" means accepted by the Secretary of State in | ||||||
10 | accordance with subsection (b) of Section 5-30. | ||||||
11 | "Elector" means an individual selected as a presidential | ||||||
12 | elector under Article 21 of the Election Code and this Act. | ||||||
13 | "President" means the President of the United States. | ||||||
14 | "Unaffiliated presidential candidate" means a candidate | ||||||
15 | for President who qualifies for the general election ballot in | ||||||
16 | this State by means other than nomination by a political | ||||||
17 | party. | ||||||
18 | "Vice President" means the Vice President of the United | ||||||
19 | States.
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20 | Section 5-10. Designation of State's electors. For each | ||||||
21 | elector position in this State, a political party contesting |
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1 | the position, or an unaffiliated presidential candidate, shall | ||||||
2 | submit to the Secretary of State the names of 2 qualified | ||||||
3 | individuals in accordance with Article 21 of the Election | ||||||
4 | Code. One of the individuals must be designated "elector | ||||||
5 | nominee" and the other "alternate elector nominee". Except as | ||||||
6 | otherwise provided in Sections 5-20 through 5-35, this State's | ||||||
7 | electors are the winning elector nominees under the laws of | ||||||
8 | this State.
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9 | Section 5-15. Pledge. Each elector nominee and alternate | ||||||
10 | elector nominee of a political party shall execute the | ||||||
11 | following pledge: "If selected for the position of elector, I | ||||||
12 | agree to serve and to mark my ballots for President and Vice | ||||||
13 | President for the nominees for those offices of the party that | ||||||
14 | nominated me.". Each elector nominee and alternate elector | ||||||
15 | nominee of an unaffiliated presidential candidate shall | ||||||
16 | execute the following pledge: "If selected for the position of | ||||||
17 | elector as a nominee of an unaffiliated presidential | ||||||
18 | candidate, I agree to serve and to mark my ballots for that | ||||||
19 | candidate and for that candidate's vice-presidential running | ||||||
20 | mate.". The executed pledges must accompany the submission of | ||||||
21 | the corresponding names to the Secretary of State.
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22 | Section 5-20. Certification of electors. In submitting | ||||||
23 | this State's certificate of ascertainment as required by 3 | ||||||
24 | U.S.C. 6, the Governor shall certify this State's electors and |
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1 | state in the certificate that: | ||||||
2 | (1) the electors will serve as electors unless a | ||||||
3 | vacancy occurs in the office of elector before the end of | ||||||
4 | the meeting at which elector votes are cast, in which case | ||||||
5 | an alternate elector will fill the vacancy; and | ||||||
6 | (2) if an alternate elector is appointed to fill a | ||||||
7 | vacancy, the Governor will submit an amended certificate | ||||||
8 | of ascertainment stating the names on the final list of | ||||||
9 | this State's electors.
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10 | Section 5-25. Presiding officer; elector vacancy. | ||||||
11 | (a) The Secretary of State shall preside at the meeting of | ||||||
12 | electors described in Section 5-30. | ||||||
13 | (b) The position of an elector not present to vote is | ||||||
14 | vacant. The Secretary of State shall appoint an individual as | ||||||
15 | an alternate elector to fill a vacancy as follows: | ||||||
16 | (1) if the alternate elector is present to vote, by | ||||||
17 | appointing the alternate elector for the vacant position; | ||||||
18 | (2) if the alternate elector for the vacant position | ||||||
19 | is not present to vote, by appointing an elector chosen by | ||||||
20 | lot from among the alternate electors present to vote who | ||||||
21 | were nominated by the same political party or unaffiliated | ||||||
22 | presidential candidate; | ||||||
23 | (3) if the number of alternate electors present to | ||||||
24 | vote is insufficient to fill any vacant position pursuant | ||||||
25 | to paragraphs (1) and (2), by appointing any immediately |
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1 | available individual who is qualified to serve as an | ||||||
2 | elector and chosen through nomination by and plurality | ||||||
3 | vote of the remaining electors, including nomination and | ||||||
4 | vote by a single elector if only one remains; | ||||||
5 | (4) if there is a tie between at least 2 nominees for | ||||||
6 | alternate elector in a vote conducted under paragraph (3), | ||||||
7 | by appointing an elector chosen by lot from among those | ||||||
8 | nominees; or | ||||||
9 | (5) if all elector positions are vacant and cannot be | ||||||
10 | filled pursuant to paragraphs (1) through (4), by | ||||||
11 | appointing a single presidential elector, with remaining | ||||||
12 | vacant positions to be filled under paragraph (3) and, if | ||||||
13 | necessary, paragraph (4). | ||||||
14 | (c) To qualify as an alternate elector under subsection | ||||||
15 | (b) of this Section, an individual who has not executed the | ||||||
16 | pledge required under Section 5-15 shall execute the following | ||||||
17 | pledge: "I agree to serve and to mark my ballots for President | ||||||
18 | and Vice President consistent with the pledge of the | ||||||
19 | individual to whose elector position I have succeeded.".
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20 | Section 5-30. Elector voting. | ||||||
21 | (a) At the time designated for elector voting and after | ||||||
22 | all vacant positions have been filled under Section 5-25, the | ||||||
23 | Secretary of State shall provide each elector with a | ||||||
24 | presidential and a vice-presidential ballot. The elector shall | ||||||
25 | mark the elector's presidential and vice-presidential ballots |
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1 | with the elector's votes for the offices of President and Vice | ||||||
2 | President, respectively, along with the elector's signature | ||||||
3 | and the elector's legibly printed name. | ||||||
4 | (b) Except as otherwise provided by law of this State | ||||||
5 | other than this Act, each elector shall present both completed | ||||||
6 | ballots to the Secretary of State, who shall examine the | ||||||
7 | ballots and accept as cast all ballots of electors whose votes | ||||||
8 | are consistent with their pledges executed under Section 5-15 | ||||||
9 | or subsection (c) of Section 5-25. Except as otherwise | ||||||
10 | provided by law of this State other than this Act, the | ||||||
11 | Secretary of State may not accept and may not count either an | ||||||
12 | elector's presidential or vice-presidential ballot if the | ||||||
13 | elector has not marked both ballots or has marked a ballot in | ||||||
14 | violation of the elector's pledge. | ||||||
15 | (c) An elector who refuses to present a ballot, presents | ||||||
16 | an unmarked ballot, or presents a ballot marked in violation | ||||||
17 | of the elector's pledge executed under Section 5-15 or | ||||||
18 | subsection (c) of Section 5-25 vacates the office of elector, | ||||||
19 | creating a vacant position to be filled under Section 5-25. | ||||||
20 | (d) The Secretary of State shall distribute ballots to and | ||||||
21 | collect ballots from an alternate elector and repeat the | ||||||
22 | process under this Section of examining ballots, declaring and | ||||||
23 | filling vacant positions as required, and recording | ||||||
24 | appropriately completed ballots from the alternate electors, | ||||||
25 | until all of this State's electoral votes have been cast and | ||||||
26 | recorded.
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1 | Section 5-35. Elector replacement; associated | ||||||
2 | certificates. | ||||||
3 | (a) After the vote of this State's electors is completed, | ||||||
4 | if the final list of electors differs from any list that the | ||||||
5 | Governor previously included on a certificate of ascertainment | ||||||
6 | prepared and transmitted under 3 U.S.C. 6, the Secretary of | ||||||
7 | State immediately shall prepare an amended certificate of | ||||||
8 | ascertainment and transmit it to the Governor for the | ||||||
9 | Governor's signature. | ||||||
10 | (b) The Governor immediately shall deliver the signed | ||||||
11 | amended certificate of ascertainment to the Secretary of State | ||||||
12 | and a signed duplicate original of the amended certificate of | ||||||
13 | ascertainment to all individuals entitled to receive this | ||||||
14 | State's certificate of ascertainment, indicating that the | ||||||
15 | amended certificate of ascertainment is to be substituted for | ||||||
16 | the certificate of ascertainment previously submitted. | ||||||
17 | (c) The Secretary of State shall prepare a certificate of | ||||||
18 | vote. The electors on the final list shall sign the | ||||||
19 | certificate of vote. The Secretary of State shall process and | ||||||
20 | transmit the signed certificate of vote with the amended | ||||||
21 | certificate of ascertainment under 3 U.S.C. Sections 9, 10, | ||||||
22 | and 11.
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23 | Section 5-40. Uniformity of application and construction. | ||||||
24 | In applying and construing this uniform Act, consideration |
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1 | must be given to the need to promote uniformity of the law with | ||||||
2 | respect to its subject matter among states that enact it.
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3 | Section 5-90. The Election Code is amended by changing | ||||||
4 | Sections 21-1, 21-2, 21-3, and 21-4 as follows:
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5 | (10 ILCS 5/21-1) (from Ch. 46, par. 21-1) | ||||||
6 | Sec. 21-1. Choosing and election of electors of President | ||||||
7 | and Vice-President of the United States shall be in the | ||||||
8 | following manner: | ||||||
9 | (a) In each year in which a President and Vice-President | ||||||
10 | of the United States are chosen, each political party or group | ||||||
11 | in this State shall choose by its State Convention or State | ||||||
12 | central committee electors and alternate electors of President | ||||||
13 | and Vice-President of the United States and such State | ||||||
14 | Convention or State central committee of such party or group | ||||||
15 | shall also choose electors at large and alternate electors at | ||||||
16 | large , if any are to be appointed for this State and such State | ||||||
17 | Convention or State central committee of such party or group | ||||||
18 | shall by its chair and secretary certify the total list of such | ||||||
19 | electors and alternate electors together with electors at | ||||||
20 | large and alternate electors at large so chosen to the State | ||||||
21 | Board of Elections. | ||||||
22 | The filing of such certificate with the Board, of such | ||||||
23 | choosing of electors and alternate electors shall be deemed | ||||||
24 | and taken to be the choosing and selection of the electors and |
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1 | alternate electors of this State, if such party or group is | ||||||
2 | successful at the polls as herein provided in choosing their | ||||||
3 | candidates for President and Vice-President of the United | ||||||
4 | States. | ||||||
5 | (b) The names of the candidates of the several political | ||||||
6 | parties or groups for electors and alternate electors of | ||||||
7 | President and Vice-President shall not be printed on the | ||||||
8 | official ballot to be voted in the election to be held on the | ||||||
9 | day in this Act above named. In lieu of the names of the | ||||||
10 | candidates for such electors and alternate electors of | ||||||
11 | President and Vice-President, immediately under the | ||||||
12 | appellation of party name of a party or group in the column of | ||||||
13 | its candidates on the official ballot, to be voted at said | ||||||
14 | election first above named in subsection (1) of Section 2A-1.2 | ||||||
15 | and Section 2A-2, there shall be printed within a bracket the | ||||||
16 | name of the candidate for President and the name of the | ||||||
17 | candidate for Vice-President of such party or group with a | ||||||
18 | square to the left of such bracket. Each voter in this State | ||||||
19 | from the several lists or sets of electors and alternate | ||||||
20 | electors so chosen and selected by the said respective | ||||||
21 | political parties or groups, may choose and elect one of such | ||||||
22 | lists or sets of electors and alternate electors by placing a | ||||||
23 | cross in the square to the left of the bracket aforesaid of one | ||||||
24 | of such parties or groups. Placing a cross within the square | ||||||
25 | before the bracket enclosing the names of President and | ||||||
26 | Vice-President shall not be deemed and taken as a direct vote |
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1 | for such candidates for President and Vice-President, or | ||||||
2 | either of them, but shall only be deemed and taken to be a vote | ||||||
3 | for the entire list or set of electors and alternate electors | ||||||
4 | chosen by that political party or group so certified to the | ||||||
5 | State Board of Elections as herein provided. Voting by means | ||||||
6 | of placing a cross in the appropriate place preceding the | ||||||
7 | appellation or title of the particular political party or | ||||||
8 | group, shall not be deemed or taken as a direct vote for the | ||||||
9 | candidates for President and Vice-President, or either of | ||||||
10 | them, but instead to the Presidential vote, as a vote for the | ||||||
11 | entire list or set of electors and alternate electors chosen | ||||||
12 | by that political party or group so certified to the State | ||||||
13 | Board of Elections as herein provided. | ||||||
14 | (c) Such certification by the respective political parties | ||||||
15 | or groups in this State of electors and alternate electors of | ||||||
16 | President and Vice-President shall be made to the State Board | ||||||
17 | of Elections within 2 days after such State convention or | ||||||
18 | meeting of the State central committee in which the electors | ||||||
19 | and alternate electors were chosen. | ||||||
20 | (d) Should more than one certificate of choice and | ||||||
21 | selection of electors and alternate electors of the same | ||||||
22 | political party or group be filed by contesting conventions or | ||||||
23 | contesting groups, it shall be the duty of the State Board of | ||||||
24 | Elections within 10 days after the adjournment of the last of | ||||||
25 | such conventions to meet and determine which set of nominees | ||||||
26 | for electors and alternate electors of such party or group was |
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1 | chosen and selected by the authorized convention of such party | ||||||
2 | or group. The Board, after notice to the chair and secretaries | ||||||
3 | or managers of the conventions or groups and after a hearing | ||||||
4 | shall determine which set of electors and alternate electors | ||||||
5 | was so chosen by the authorized convention and shall so | ||||||
6 | announce and publish the fact, and such decision shall be | ||||||
7 | final and the set of electors and alternate electors so | ||||||
8 | determined upon by the electoral board to be so chosen shall be | ||||||
9 | the list or set of electors and alternate electors to be deemed | ||||||
10 | elected if that party shall be successful at the polls, as | ||||||
11 | herein provided. | ||||||
12 | (e) Should a vacancy occur in the choice of an elector in a | ||||||
13 | congressional district, such vacancy may be filled by the | ||||||
14 | executive committee of the party or group for such | ||||||
15 | congressional district, to be certified by such committee to | ||||||
16 | the State Board of Elections. Should a vacancy occur in the | ||||||
17 | office of elector at large , such vacancy shall be filled in | ||||||
18 | accordance with Section 25 of the Uniform Faithful | ||||||
19 | Presidential Electors Act. by the State committee of such | ||||||
20 | political party or group, and certified by it to the State | ||||||
21 | Board of Elections. | ||||||
22 | (Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19 .)
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23 | (10 ILCS 5/21-2) (from Ch. 46, par. 21-2) | ||||||
24 | Sec. 21-2. The county clerks of the several counties | ||||||
25 | shall, within 21 days next after holding the election named in |
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1 | subsection (1) of Section 2A-1.2 and Section 2A-2, make 2 | ||||||
2 | copies of the abstract of the votes cast for electors and | ||||||
3 | alternate electors by each political party or group, as | ||||||
4 | indicated by the voter, as aforesaid, by a cross in the square | ||||||
5 | to the left of the bracket aforesaid, or as indicated by a | ||||||
6 | cross in the appropriate place preceding the appellation or | ||||||
7 | title of the particular political party or group, and transmit | ||||||
8 | by mail one of the copies to the office of the State Board of | ||||||
9 | Elections and retain the other in his office, to be sent for by | ||||||
10 | the electoral board in case the other should be mislaid. | ||||||
11 | Within 31 days after the holding of such election, and sooner | ||||||
12 | if all the returns are received by the State Board of | ||||||
13 | Elections, the State Board of Elections shall proceed to open | ||||||
14 | and canvass said election returns and to declare which set of | ||||||
15 | candidates for President and Vice-President received, as | ||||||
16 | aforesaid, the highest number of votes cast at such election | ||||||
17 | as aforesaid; and the electors and alternate electors of that | ||||||
18 | party whose candidates for President and Vice-President | ||||||
19 | received the highest number of votes so cast shall be taken and | ||||||
20 | deemed to be elected as electors and alternate electors of | ||||||
21 | President and Vice-President, but should 2 or more sets of | ||||||
22 | candidates for President and Vice-President be returned with | ||||||
23 | an equal and the highest vote, the State Board of Elections | ||||||
24 | shall cause a notice of the same to be published, which notice | ||||||
25 | shall name some day and place, not less than 5 days from the | ||||||
26 | time of such publication of such notice, upon which the State |
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1 | Board of Elections will decide by lot which of the sets of | ||||||
2 | candidates for President and Vice-President so equal and | ||||||
3 | highest shall be declared to be highest. And upon the day and | ||||||
4 | at the place so appointed in the notice, the board shall so | ||||||
5 | decide by lot and declare which is deemed highest of the sets | ||||||
6 | of candidates for President and Vice-President so equal and | ||||||
7 | highest, thereby determining only that the electors and | ||||||
8 | alternate electors chosen as aforesaid by such candidates' | ||||||
9 | party or group are thereby elected by general ticket to be such | ||||||
10 | electors and alternate electors . | ||||||
11 | (Source: P.A. 100-863, eff. 8-14-18.)
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12 | (10 ILCS 5/21-3) (from Ch. 46, par. 21-3) | ||||||
13 | Sec. 21-3. Within five days after the votes shall have | ||||||
14 | been canvassed and the results declared or the result declared | ||||||
15 | by lot as provided for in Section 21-2 above, the Governor | ||||||
16 | shall cause the result of said election to be published, and | ||||||
17 | shall proclaim the persons electors and alternate electors of | ||||||
18 | President and Vice-President so chosen composing the list so | ||||||
19 | elected, by transmitting by mail to the several persons so | ||||||
20 | chosen and composing the list or set elected, electors of | ||||||
21 | President and Vice-President certificates in triplicate, under | ||||||
22 | the Seal of State of their appointment, and shall also | ||||||
23 | transmit under the Seal of State to the Secretary of State of | ||||||
24 | the United States the certificate of the election of said | ||||||
25 | electors and alternate electors as required by the laws of |
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1 | Congress. | ||||||
2 | (Source: Laws 1943, vol. 2, p. 1.)
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3 | (10 ILCS 5/21-4) (from Ch. 46, par. 21-4) | ||||||
4 | Sec. 21-4. Presidential electors; meeting; allowance. The | ||||||
5 | electors and alternate electors , elected under this Article, | ||||||
6 | shall meet at the office of the Secretary of State in a room to | ||||||
7 | be designated by the Secretary in the Capitol at Springfield | ||||||
8 | in this State, at the time appointed by the laws of the United | ||||||
9 | States at the hour of ten o'clock in the forenoon of that day, | ||||||
10 | and give their votes for President and for Vice-President of | ||||||
11 | the United States, in the manner provided by the Uniform | ||||||
12 | Faithful Presidential Electors Act in this Article , and | ||||||
13 | perform such duties as are or may be required by law. Each | ||||||
14 | elector and alternate elector shall receive an allowance for | ||||||
15 | food and lodging equal to the amount per day permitted to be | ||||||
16 | deducted for such expenses under the Internal Revenue Code, | ||||||
17 | plus a mileage allowance at the rate in effect under | ||||||
18 | regulations promulgated pursuant to 5 U.S.C. 5707(b)(2) for | ||||||
19 | the number of highway miles necessarily and conveniently | ||||||
20 | traveled, for going to the seat of government to give his or | ||||||
21 | her vote and returning to his or her residence and otherwise | ||||||
22 | performing the official duties of an elector and alternate | ||||||
23 | elector , to be paid on the warrant of the State Comptroller, | ||||||
24 | out of any money in the treasury not otherwise appropriated, | ||||||
25 | and any person appointed by the electors assembled to fill a |
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1 | vacancy shall also receive the allowances provided for | ||||||
2 | electors appointed. However, an elector who refuses to present | ||||||
3 | a ballot, presents an unmarked ballot, or presents a ballot | ||||||
4 | marked in violation of the elector's pledge in the Uniform | ||||||
5 | Faithful Presidential Electors Act may not receive an | ||||||
6 | allowance for food and lodging. | ||||||
7 | (Source: P.A. 92-359, eff. 1-1-02.)
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8 | (10 ILCS 5/21-5 rep.) | ||||||
9 | Section 5-95. The Election Code is amended by repealing | ||||||
10 | Section 21-5.
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11 | ARTICLE 10. | ||||||
12 | Section 10-5. The Election Code is amended by changing | ||||||
13 | Sections 1-4, 1A-25, 1A-45, 2A-9, 7-5, 7-12, 8-9, 9-8.5, 9-11, | ||||||
14 | 9-23.5, 9-35, 9-50, 10-6, 10-6.1, 10-10.1, 13-6.1, 14-5.1, | ||||||
15 | 19-12.2, 19A-21, 25-3, 28-8, 29B-10, 29B-15, and 29B-20 as | ||||||
16 | follows:
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17 | (10 ILCS 5/1-4) (from Ch. 46, par. 1-4) | ||||||
18 | Sec. 1-4. (a) In any case in which this Act prescribes a | ||||||
19 | period of time within which petitions for nomination must be | ||||||
20 | filed, the office in which petitions must be filed shall | ||||||
21 | remain open for the receipt of such petitions until 5:00 P.M. | ||||||
22 | on the last day of the filing period. |
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1 | (b) (Blank). For the 2013 consolidated election period, an | ||||||
2 | election authority or local election official shall accept | ||||||
3 | until 104 days before the election at which candidates are to | ||||||
4 | be on the ballot any petitions for nomination or certificate | ||||||
5 | of nomination required by this Code to be filed no earlier than | ||||||
6 | 113 and no later than 106 days before the consolidated | ||||||
7 | election. Notwithstanding any other provision of this Code, | ||||||
8 | for purposes of this subsection (b) only, signatures and | ||||||
9 | circulator statements on petitions for nomination filed with | ||||||
10 | an election authority or local election official on the final | ||||||
11 | day for filing petitions for nomination shall not be deemed | ||||||
12 | invalid for the sole reason that the petitions were circulated | ||||||
13 | between 90 and 92 days before the last day for filing | ||||||
14 | petitions. | ||||||
15 | (Source: P.A. 97-1134, eff. 12-3-12.)
| ||||||
16 | (10 ILCS 5/1A-25) | ||||||
17 | Sec. 1A-25. Centralized statewide voter registration list. | ||||||
18 | (a) The centralized statewide voter registration list | ||||||
19 | required by Title III, Subtitle A, Section 303 of the Help | ||||||
20 | America Vote Act of 2002 shall be created and maintained by the | ||||||
21 | State Board of Elections as provided in this Section. | ||||||
22 | (1) The centralized statewide voter registration list | ||||||
23 | shall be compiled from the voter registration data bases | ||||||
24 | of each election authority in this State. | ||||||
25 | (2) With the exception of voter registration forms |
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| |||||||
1 | submitted electronically through an online voter | ||||||
2 | registration system, all new voter registration forms and | ||||||
3 | applications to register to vote, including those reviewed | ||||||
4 | by the Secretary of State at a driver services facility, | ||||||
5 | shall be transmitted only to the appropriate election | ||||||
6 | authority as required by Articles 4, 5, and 6 of this Code | ||||||
7 | and not to the State Board of Elections. All voter | ||||||
8 | registration forms submitted electronically to the State | ||||||
9 | Board of Elections through an online voter registration | ||||||
10 | system shall be transmitted to the appropriate election | ||||||
11 | authority as required by Section 1A-16.5. The election | ||||||
12 | authority shall process and verify each voter registration | ||||||
13 | form and electronically enter verified registrations on an | ||||||
14 | expedited basis onto the statewide voter registration | ||||||
15 | list. All original registration cards shall remain | ||||||
16 | permanently in the office of the election authority as | ||||||
17 | required by this Code. | ||||||
18 | (3) The centralized statewide voter registration list | ||||||
19 | shall: | ||||||
20 | (i) Be designed to allow election authorities to | ||||||
21 | utilize the registration data on the statewide voter | ||||||
22 | registration list pertinent to voters registered in | ||||||
23 | their election jurisdiction on locally maintained | ||||||
24 | software programs that are unique to each | ||||||
25 | jurisdiction. | ||||||
26 | (ii) Allow each election authority to perform |
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1 | essential election management functions, including but | ||||||
2 | not limited to production of voter lists, processing | ||||||
3 | of vote by mail voters, production of individual, | ||||||
4 | pre-printed applications to vote, administration of | ||||||
5 | election judges, and polling place administration, but | ||||||
6 | shall not prevent any election authority from using | ||||||
7 | information from that election authority's own | ||||||
8 | systems. | ||||||
9 | (4) The registration information maintained by each | ||||||
10 | election authority shall be synchronized with that | ||||||
11 | authority's information on the statewide list at least | ||||||
12 | once every 24 hours. | ||||||
13 | (5) The vote by mail, early vote, and rejected ballot | ||||||
14 | information maintained by each election authority shall be | ||||||
15 | synchronized with the election authority's information on | ||||||
16 | the statewide list at least once every 24 hours. The State | ||||||
17 | Board of Elections shall maintain the information required | ||||||
18 | by this paragraph in an electronic format on its website, | ||||||
19 | arranged by county and accessible to State and local | ||||||
20 | political committees. | ||||||
21 | (i) Within one day after receipt of a vote by mail | ||||||
22 | voter's ballot, the election authority shall transmit | ||||||
23 | by electronic means the voter's name, street address, | ||||||
24 | email address and precinct, ward, township, and | ||||||
25 | district numbers, as the case may be, to the State | ||||||
26 | Board of Elections. |
| |||||||
| |||||||
1 | (ii) Within one day after receipt of an early | ||||||
2 | voter's ballot, the election authority shall transmit | ||||||
3 | by electronic means the voter's name, street address, | ||||||
4 | email address and precinct, ward, township, and | ||||||
5 | district numbers, as the case may be, to the State | ||||||
6 | Board of Elections. | ||||||
7 | (iii) If a vote by mail ballot is rejected for any | ||||||
8 | reason, within one day after the rejection the | ||||||
9 | election authority shall transmit by electronic means | ||||||
10 | the voter's name, street address, email address and | ||||||
11 | precinct, ward, township, and district numbers, as the | ||||||
12 | case may be, to the State Board of Elections. If a | ||||||
13 | rejected vote by mail ballot is determined to be | ||||||
14 | valid, the election authority shall, within one day | ||||||
15 | after the determination, remove the name of the voter | ||||||
16 | from the list transmitted to the State Board of | ||||||
17 | Election. | ||||||
18 | (6) Beginning no later than January 1, 2024, the | ||||||
19 | statewide voter registration list shall be updated on a | ||||||
20 | monthly basis by no sooner than the first of every month; | ||||||
21 | however, the information required in paragraph (5) shall | ||||||
22 | be updated at least every 24 hours and made available upon | ||||||
23 | request to permitted entities as described in this | ||||||
24 | Section. | ||||||
25 | (b) To protect the privacy and confidentiality of voter | ||||||
26 | registration information, the disclosure of any portion of the |
| |||||||
| |||||||
1 | centralized statewide voter registration list to any person or | ||||||
2 | entity other than to a State or local political committee and | ||||||
3 | other than to a governmental entity for a governmental purpose | ||||||
4 | is specifically prohibited except as follows: (1) subject to | ||||||
5 | security measures adopted by the State Board of Elections | ||||||
6 | which, at a minimum, shall include the keeping of a catalog or | ||||||
7 | database, available for public view, including the name, | ||||||
8 | address, and telephone number of the person viewing the list | ||||||
9 | as well as the time of that viewing, any person may view the | ||||||
10 | list on a computer screen at the Springfield office of the | ||||||
11 | State Board of Elections, during normal business hours other | ||||||
12 | than during the 27 days before an election, but the person | ||||||
13 | viewing the list under this exception may not print, | ||||||
14 | duplicate, transmit, or alter the list; or (2) as may be | ||||||
15 | required by an agreement the State Board of Elections has | ||||||
16 | entered into with a multi-state voter registration list | ||||||
17 | maintenance system. | ||||||
18 | (c) Except during the 27 days immediately preceding any | ||||||
19 | election, the State Board of Elections shall make available to | ||||||
20 | the public the statewide voter registration list, allowing for | ||||||
21 | redaction of telephone numbers, social security numbers, | ||||||
22 | street numbers of home addresses, birth dates, identifiable | ||||||
23 | portions of email addresses, and other highly sensitive | ||||||
24 | personal information. Information released under this | ||||||
25 | subsection shall be used only for the purposes defined within | ||||||
26 | the federal National Voter Registration Act, 52 U.S.C. |
| |||||||
| |||||||
1 | 20507(i), ensuring the accuracy and currency of official lists | ||||||
2 | of eligible voters. The State Board of Elections may charge a | ||||||
3 | reasonable fee under this subsection, consisting of the cost | ||||||
4 | of duplication plus a 15% fee for administration. No sooner | ||||||
5 | than 14 days after a request for voter registration records is | ||||||
6 | made under this subsection, the State Board of Elections shall | ||||||
7 | publicly disclose the request on a publicly accessible website | ||||||
8 | regardless of whether the request was approved or denied. | ||||||
9 | Voter registration records or data shall not be used for any | ||||||
10 | personal, private, or commercial purpose, including, but not | ||||||
11 | limited to, the intimidation, threat, or deception of any | ||||||
12 | person or the advertising, solicitation, sale, or marketing of | ||||||
13 | products or services. The State Board of Elections shall deny | ||||||
14 | a request made under this subsection to any person or entity | ||||||
15 | that is the subject of a court order finding a violation of | ||||||
16 | this subsection. Upon the entry of a court order finding that a | ||||||
17 | person or entity has violated this subsection, the clerk of | ||||||
18 | the circuit court shall forward a copy of the order to the | ||||||
19 | State Board of Elections. | ||||||
20 | (Source: P.A. 103-467, eff. 8-4-23.)
| ||||||
21 | (10 ILCS 5/1A-45) | ||||||
22 | Sec. 1A-45. Electronic Registration Information Center. | ||||||
23 | (a) The State Board of Elections shall enter into an | ||||||
24 | agreement with the Electronic Registration Information Center | ||||||
25 | effective no later than January 1, 2016, for the purpose of |
| |||||||
| |||||||
1 | maintaining a statewide voter registration database. The State | ||||||
2 | Board of Elections shall comply with the requirements of the | ||||||
3 | Electronic Registration Information Center Membership | ||||||
4 | Agreement. The State Board of Elections shall require a term | ||||||
5 | in the Electronic Registration Information Center Membership | ||||||
6 | Agreement that requires the State to share identification | ||||||
7 | records contained in the Secretary of State's Driver Services | ||||||
8 | Department and Vehicle Services Department , the Department of | ||||||
9 | Human Services, the Department of Healthcare and Family | ||||||
10 | Services, the Department on Aging, and the Department of | ||||||
11 | Employment Security databases (excluding those fields | ||||||
12 | unrelated to voter eligibility, such as income or health | ||||||
13 | information). | ||||||
14 | (b) The Secretary of State and the State Board of | ||||||
15 | Elections shall enter into an agreement to permit the | ||||||
16 | Secretary of State to provide the State Board of Elections | ||||||
17 | with any information required for compliance with the | ||||||
18 | Electronic Registration Information Center Membership | ||||||
19 | Agreement. The Secretary of State shall deliver this | ||||||
20 | information as frequently as necessary for the State Board of | ||||||
21 | Elections to comply with the Electronic Registration | ||||||
22 | Information Center Membership Agreement. | ||||||
23 | (b-5) (Blank). The State Board of Elections and the | ||||||
24 | Department of Human Services, the Department of Healthcare and | ||||||
25 | Family Services, the Department on Aging, and the Department | ||||||
26 | of Employment Security shall enter into an agreement to |
| |||||||
| |||||||
1 | require each department to provide the State Board of | ||||||
2 | Elections with any information necessary to transmit member | ||||||
3 | data under the Electronic Registration Information Center | ||||||
4 | Membership Agreement. The director or secretary, as | ||||||
5 | applicable, of each agency shall deliver this information on | ||||||
6 | an annual basis to the State Board of Elections pursuant to the | ||||||
7 | agreement between the entities. | ||||||
8 | (c) Any communication required to be delivered to a | ||||||
9 | registrant or potential registrant pursuant to the Electronic | ||||||
10 | Registration Information Center Membership Agreement shall | ||||||
11 | include at least the following message: | ||||||
12 | "Our records show people at this address may not be | ||||||
13 | registered to vote at this address, but you may be | ||||||
14 | eligible to register to vote or re-register to vote at | ||||||
15 | this address. If you are a U.S. Citizen, a resident of | ||||||
16 | Illinois, and will be 18 years old or older before the next | ||||||
17 | general election in November, you are qualified to vote. | ||||||
18 | We invite you to check your registration online at | ||||||
19 | (enter URL) or register to vote online at (enter URL), by | ||||||
20 | requesting a mail-in voter registration form by (enter | ||||||
21 | instructions for requesting a mail-in voter registration | ||||||
22 | form), or visiting the (name of election authority) office | ||||||
23 | at (address of election authority)." | ||||||
24 | The words "register to vote online at (enter URL)" shall | ||||||
25 | be bolded and of a distinct nature from the other words in the | ||||||
26 | message required by this subsection (c). |
| |||||||
| |||||||
1 | (d) Any communication required to be delivered to a | ||||||
2 | potential registrant that has been identified by the | ||||||
3 | Electronic Registration Information Center as eligible to vote | ||||||
4 | but who is not registered to vote in Illinois shall be prepared | ||||||
5 | and disseminated at the direction of the State Board of | ||||||
6 | Elections. All other communications with potential registrants | ||||||
7 | or re-registrants pursuant to the Electronic Registration | ||||||
8 | Information Center Membership Agreement shall be prepared and | ||||||
9 | disseminated at the direction of the appropriate election | ||||||
10 | authority. | ||||||
11 | (e) The Executive Director of the State Board of Elections | ||||||
12 | or his or her designee shall serve as the Member | ||||||
13 | Representative to the Electronic Registration Information | ||||||
14 | Center. | ||||||
15 | (f) The State Board of Elections may adopt any rules | ||||||
16 | necessary to enforce this Section or comply with the | ||||||
17 | Electronic Registration Information Center Membership | ||||||
18 | Agreement. | ||||||
19 | (Source: P.A. 102-558, eff. 8-20-21.)
| ||||||
20 | (10 ILCS 5/2A-9) (from Ch. 46, par. 2A-9) | ||||||
21 | (Text of Section WITHOUT the changes made by P.A. 89-719, | ||||||
22 | which has been held unconstitutional) | ||||||
23 | Sec. 2A-9. Supreme, Appellate and Circuit Judges. | ||||||
24 | (a) If one of the following events occurs 134 92 or more | ||||||
25 | days before a general primary election at which judges are to |
| |||||||
| |||||||
1 | be nominated, the term of an incumbent judge will expire on the | ||||||
2 | first Monday in December of the next even-numbered year: | ||||||
3 | (1) the judge dies; | ||||||
4 | (2) the Chief Justice receives a written resignation | ||||||
5 | or notice of retirement, signed and submitted by the | ||||||
6 | judge, which specifies a date of resignation or retirement | ||||||
7 | on or before the first Monday in December of the next | ||||||
8 | even-numbered year; | ||||||
9 | (3) a statute mandates the judge's retirement for | ||||||
10 | reason of age on or before the first Monday in December of | ||||||
11 | the next even-numbered year; | ||||||
12 | (4) the judge was eligible to seek retention in the | ||||||
13 | next general election but failed to timely file a | ||||||
14 | declaration of candidacy to succeed himself or, having | ||||||
15 | timely filed such declaration, withdrew it; | ||||||
16 | (5) the judge is convicted of a felony or other | ||||||
17 | infamous crime; | ||||||
18 | (6) the judge is removed from office. | ||||||
19 | If one of the preceding events occurs less than 134 92 days | ||||||
20 | before a primary election at which judges are to be nominated, | ||||||
21 | the term of an incumbent judge will expire on the first Monday | ||||||
22 | in December following the second general election thereafter. | ||||||
23 | (b) Judges of the Appellate and Circuit Courts shall be | ||||||
24 | elected in their respective districts or circuits at the | ||||||
25 | general election of each even-numbered year immediately | ||||||
26 | preceding the expiration of the term of each incumbent judge, |
| |||||||
| |||||||
1 | not retained, and shall enter upon the duties of their offices | ||||||
2 | on the first Monday of December after their election. | ||||||
3 | (c) Whenever an additional appellate or Circuit Judge is | ||||||
4 | authorized by law, the office shall be filled in the manner | ||||||
5 | provided for filling a vacancy in that office. | ||||||
6 | (Source: P.A. 86-1348 .)
| ||||||
7 | (10 ILCS 5/7-5) (from Ch. 46, par. 7-5) | ||||||
8 | Sec. 7-5. (a) Primary elections shall be held on the dates | ||||||
9 | prescribed in Article 2A. | ||||||
10 | (b) Notwithstanding the provisions of any other statute, | ||||||
11 | no primary shall be held for an established political party in | ||||||
12 | any township, municipality, or ward thereof, where the | ||||||
13 | nomination of such party for every office to be voted upon by | ||||||
14 | the electors of such township, municipality, or ward thereof, | ||||||
15 | is uncontested. Whenever a political party's nomination of | ||||||
16 | candidates is uncontested as to one or more, but not all, of | ||||||
17 | the offices to be voted upon by the electors of a township, | ||||||
18 | municipality, or ward thereof, then a primary shall be held | ||||||
19 | for that party in such township, municipality, or ward | ||||||
20 | thereof; provided that the primary ballot shall not include | ||||||
21 | those offices within such township, municipality, or ward | ||||||
22 | thereof, for which the nomination is uncontested. For purposes | ||||||
23 | of this Article, the nomination of an established political | ||||||
24 | party of a candidate for election to an office shall be deemed | ||||||
25 | to be uncontested where not more than the number of persons to |
| |||||||
| |||||||
1 | be nominated have timely filed valid nomination papers seeking | ||||||
2 | the nomination of such party for election to such office. | ||||||
3 | (c) Notwithstanding the provisions of any other statute, | ||||||
4 | no primary election shall be held for an established political | ||||||
5 | party for any special primary election called for the purpose | ||||||
6 | of filling a vacancy in the office of representative in the | ||||||
7 | United States Congress where the nomination of such political | ||||||
8 | party for said office is uncontested. For the purposes of this | ||||||
9 | Article, the nomination of an established political party of a | ||||||
10 | candidate for election to said office shall be deemed to be | ||||||
11 | uncontested where not more than the number of persons to be | ||||||
12 | nominated have timely filed valid nomination papers seeking | ||||||
13 | the nomination of such established party for election to said | ||||||
14 | office. This subsection (c) shall not apply if such primary | ||||||
15 | election is conducted on a regularly scheduled election day. | ||||||
16 | (d) Notwithstanding the provisions in subsection (b) and | ||||||
17 | (c) of this Section , whenever a person who has not timely filed | ||||||
18 | valid nomination papers and who intends to become a write-in | ||||||
19 | candidate for a political party's nomination for any office | ||||||
20 | for which the nomination is uncontested files a written | ||||||
21 | statement or notice of that intent with the State Board of | ||||||
22 | Elections or the local election official where the candidate | ||||||
23 | is seeking to appear on the ballot with whom nomination papers | ||||||
24 | for such office are filed , a primary ballot shall be prepared | ||||||
25 | and a primary shall be held for that office. Such statement or | ||||||
26 | notice shall be filed on or before the date established in this |
| |||||||
| |||||||
1 | Article for certifying candidates for the primary ballot. Such | ||||||
2 | statement or notice shall contain (i) the name and address of | ||||||
3 | the person intending to become a write-in candidate, (ii) a | ||||||
4 | statement that the person is a qualified primary elector of | ||||||
5 | the political party from whom the nomination is sought, (iii) | ||||||
6 | a statement that the person intends to become a write-in | ||||||
7 | candidate for the party's nomination, and (iv) the office the | ||||||
8 | person is seeking as a write-in candidate. An election | ||||||
9 | authority shall have no duty to conduct a primary and prepare a | ||||||
10 | primary ballot for any office for which the nomination is | ||||||
11 | uncontested, unless a statement or notice meeting the | ||||||
12 | requirements of this Section is filed in a timely manner. | ||||||
13 | (e) The polls shall be open from 6:00 a.m. to 7:00 p.m. | ||||||
14 | (Source: P.A. 86-873.)
| ||||||
15 | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12) | ||||||
16 | Sec. 7-12. All petitions for nomination shall be filed by | ||||||
17 | mail or in person as follows: | ||||||
18 | (1) Except as otherwise provided in this Code, where | ||||||
19 | the nomination is to be made for a State, congressional, | ||||||
20 | or judicial office, or for any office a nomination for | ||||||
21 | which is made for a territorial division or district which | ||||||
22 | comprises more than one county or is partly in one county | ||||||
23 | and partly in another county or counties (including the | ||||||
24 | Fox Metro Water Reclamation District), then, except as | ||||||
25 | otherwise provided in this Section, such petition for |
| |||||||
| |||||||
1 | nomination shall be filed in the principal office of the | ||||||
2 | State Board of Elections not more than 141 and not less | ||||||
3 | than 134 days prior to the date of the primary, but, in the | ||||||
4 | case of petitions for nomination to fill a vacancy by | ||||||
5 | special election in the office of representative in | ||||||
6 | Congress from this State, such petition for nomination | ||||||
7 | shall be filed in the principal office of the State Board | ||||||
8 | of Elections not more than 85 113 days and not less than 82 | ||||||
9 | 110 days prior to the date of the primary. | ||||||
10 | Where a vacancy occurs in the office of Supreme, | ||||||
11 | Appellate or Circuit Court Judge within the 3-week period | ||||||
12 | preceding the 134th day before a general primary election, | ||||||
13 | petitions for nomination for the office in which the | ||||||
14 | vacancy has occurred shall be filed in the principal | ||||||
15 | office of the State Board of Elections not more than 120 | ||||||
16 | nor less than 113 days prior to the date of the general | ||||||
17 | primary election. | ||||||
18 | Where the nomination is to be made for delegates or | ||||||
19 | alternate delegates to a national nominating convention, | ||||||
20 | then such petition for nomination shall be filed in the | ||||||
21 | principal office of the State Board of Elections not more | ||||||
22 | than 141 and not less than 134 days prior to the date of | ||||||
23 | the primary; provided, however, that if the rules or | ||||||
24 | policies of a national political party conflict with such | ||||||
25 | requirements for filing petitions for nomination for | ||||||
26 | delegates or alternate delegates to a national nominating |
| |||||||
| |||||||
1 | convention, the chair of the State central committee of | ||||||
2 | such national political party shall notify the Board in | ||||||
3 | writing, citing by reference the rules or policies of the | ||||||
4 | national political party in conflict, and in such case the | ||||||
5 | Board shall direct such petitions to be filed in | ||||||
6 | accordance with the delegate selection plan adopted by the | ||||||
7 | state central committee of such national political party. | ||||||
8 | (2) Where the nomination is to be made for a county | ||||||
9 | office or trustee of a sanitary district then such | ||||||
10 | petition shall be filed in the office of the county clerk | ||||||
11 | not more than 141 nor less than 134 days prior to the date | ||||||
12 | of the primary. | ||||||
13 | (3) Where the nomination is to be made for a municipal | ||||||
14 | or township office, such petitions for nomination shall be | ||||||
15 | filed in the office of the local election official, not | ||||||
16 | more than 127 nor less than 120 days prior to the date of | ||||||
17 | the primary; provided, where a municipality's or | ||||||
18 | township's boundaries are coextensive with or are entirely | ||||||
19 | within the jurisdiction of a municipal board of election | ||||||
20 | commissioners, the petitions shall be filed in the office | ||||||
21 | of such board; and provided, that petitions for the office | ||||||
22 | of multi-township assessor shall be filed with the | ||||||
23 | election authority. | ||||||
24 | (4) The petitions of candidates for State central | ||||||
25 | committeeperson shall be filed in the principal office of | ||||||
26 | the State Board of Elections not more than 141 nor less |
| |||||||
| |||||||
1 | than 134 days prior to the date of the primary. | ||||||
2 | (5) Petitions of candidates for precinct, township or | ||||||
3 | ward committeepersons shall be filed in the office of the | ||||||
4 | county clerk not more than 141 nor less than 134 days prior | ||||||
5 | to the date of the primary. | ||||||
6 | (6) The State Board of Elections and the various | ||||||
7 | election authorities and local election officials with | ||||||
8 | whom such petitions for nominations are filed shall | ||||||
9 | specify the place where filings shall be made and upon | ||||||
10 | receipt shall endorse thereon the day and hour on which | ||||||
11 | each petition was filed. All petitions filed by persons | ||||||
12 | waiting in line as of 8:00 a.m. on the first day for | ||||||
13 | filing, or as of the normal opening hour of the office | ||||||
14 | involved on such day, shall be deemed filed as of 8:00 a.m. | ||||||
15 | or the normal opening hour, as the case may be. Petitions | ||||||
16 | filed by mail and received after midnight of the first day | ||||||
17 | for filing and in the first mail delivery or pickup of that | ||||||
18 | day shall be deemed as filed as of 8:00 a.m. of that day or | ||||||
19 | as of the normal opening hour of such day, as the case may | ||||||
20 | be. All petitions received thereafter shall be deemed as | ||||||
21 | filed in the order of actual receipt. However, 2 or more | ||||||
22 | petitions filed within the last hour of the filing | ||||||
23 | deadline shall be deemed filed simultaneously. Where 2 or | ||||||
24 | more petitions are received simultaneously, the State | ||||||
25 | Board of Elections or the various election authorities or | ||||||
26 | local election officials with whom such petitions are |
| |||||||
| |||||||
1 | filed shall break ties and determine the order of filing, | ||||||
2 | by means of a lottery or other fair and impartial method of | ||||||
3 | random selection approved by the State Board of Elections. | ||||||
4 | Such lottery shall be conducted within 9 days following | ||||||
5 | the last day for petition filing and shall be open to the | ||||||
6 | public. Seven days written notice of the time and place of | ||||||
7 | conducting such random selection shall be given by the | ||||||
8 | State Board of Elections to the chair of the State central | ||||||
9 | committee of each established political party, and by each | ||||||
10 | election authority or local election official, to the | ||||||
11 | County Chair of each established political party, and to | ||||||
12 | each organization of citizens within the election | ||||||
13 | jurisdiction which was entitled, under this Article, at | ||||||
14 | the next preceding election, to have pollwatchers present | ||||||
15 | on the day of election. The State Board of Elections, | ||||||
16 | election authority or local election official shall post | ||||||
17 | in a conspicuous, open and public place, at the entrance | ||||||
18 | of the office, notice of the time and place of such | ||||||
19 | lottery. The State Board of Elections shall adopt rules | ||||||
20 | and regulations governing the procedures for the conduct | ||||||
21 | of such lottery. All candidates shall be certified in the | ||||||
22 | order in which their petitions have been filed. Where | ||||||
23 | candidates have filed simultaneously, they shall be | ||||||
24 | certified in the order determined by lot and prior to | ||||||
25 | candidates who filed for the same office at a later time. | ||||||
26 | (7) The State Board of Elections or the appropriate |
| |||||||
| |||||||
1 | election authority or local election official with whom | ||||||
2 | such a petition for nomination is filed shall notify the | ||||||
3 | person for whom a petition for nomination has been filed | ||||||
4 | of the obligation to file statements of organization, | ||||||
5 | reports of campaign contributions, and quarterly annual | ||||||
6 | reports of campaign contributions and expenditures under | ||||||
7 | Article 9 of this Code. Such notice shall be given in the | ||||||
8 | manner prescribed by paragraph (7) of Section 9-16 of this | ||||||
9 | Code. | ||||||
10 | (8) Nomination papers filed under this Section are not | ||||||
11 | valid if the candidate named therein fails to file a | ||||||
12 | statement of economic interests as required by the | ||||||
13 | Illinois Governmental Ethics Act in relation to his | ||||||
14 | candidacy with the appropriate officer by the end of the | ||||||
15 | period for the filing of nomination papers unless he has | ||||||
16 | filed a statement of economic interests in relation to the | ||||||
17 | same governmental unit with that officer within a year | ||||||
18 | preceding the date on which such nomination papers were | ||||||
19 | filed. If the nomination papers of any candidate and the | ||||||
20 | statement of economic interests of that candidate are not | ||||||
21 | required to be filed with the same officer, the candidate | ||||||
22 | must file with the officer with whom the nomination papers | ||||||
23 | are filed a receipt from the officer with whom the | ||||||
24 | statement of economic interests is filed showing the date | ||||||
25 | on which such statement was filed. Such receipt shall be | ||||||
26 | so filed not later than the last day on which nomination |
| |||||||
| |||||||
1 | papers may be filed. | ||||||
2 | (9) Except as otherwise provided in this Code, any | ||||||
3 | person for whom a petition for nomination, or for | ||||||
4 | committeeperson or for delegate or alternate delegate to a | ||||||
5 | national nominating convention has been filed may cause | ||||||
6 | his name to be withdrawn by request in writing, signed by | ||||||
7 | him and duly acknowledged before an officer qualified to | ||||||
8 | take acknowledgments of deeds, and filed in the principal | ||||||
9 | or permanent branch office of the State Board of Elections | ||||||
10 | or with the appropriate election authority or local | ||||||
11 | election official, not later than the date of | ||||||
12 | certification of candidates for the consolidated primary | ||||||
13 | or general primary ballot. No names so withdrawn shall be | ||||||
14 | certified or printed on the primary ballot. If petitions | ||||||
15 | for nomination have been filed for the same person with | ||||||
16 | respect to more than one political party, his name shall | ||||||
17 | not be certified nor printed on the primary ballot of any | ||||||
18 | party. If petitions for nomination have been filed for the | ||||||
19 | same person for 2 or more offices which are incompatible | ||||||
20 | so that the same person could not serve in more than one of | ||||||
21 | such offices if elected, that person must withdraw as a | ||||||
22 | candidate for all but one of such offices within the 5 | ||||||
23 | business days following the last day for petition filing. | ||||||
24 | A candidate in a judicial election may file petitions for | ||||||
25 | nomination for only one vacancy in a subcircuit and only | ||||||
26 | one vacancy in a circuit in any one filing period, and if |
| |||||||
| |||||||
1 | petitions for nomination have been filed for the same | ||||||
2 | person for 2 or more vacancies in the same circuit or | ||||||
3 | subcircuit in the same filing period, his or her name | ||||||
4 | shall be certified only for the first vacancy for which | ||||||
5 | the petitions for nomination were filed. If he fails to | ||||||
6 | withdraw as a candidate for all but one of such offices | ||||||
7 | within such time his name shall not be certified, nor | ||||||
8 | printed on the primary ballot, for any office. For the | ||||||
9 | purpose of the foregoing provisions, an office in a | ||||||
10 | political party is not incompatible with any other office. | ||||||
11 | (10)(a) Notwithstanding the provisions of any other | ||||||
12 | statute, no primary shall be held for an established | ||||||
13 | political party in any township, municipality, or ward | ||||||
14 | thereof, where the nomination of such party for every | ||||||
15 | office to be voted upon by the electors of such township, | ||||||
16 | municipality, or ward thereof, is uncontested. Whenever a | ||||||
17 | political party's nomination of candidates is uncontested | ||||||
18 | as to one or more, but not all, of the offices to be voted | ||||||
19 | upon by the electors of a township, municipality, or ward | ||||||
20 | thereof, then a primary shall be held for that party in | ||||||
21 | such township, municipality, or ward thereof; provided | ||||||
22 | that the primary ballot shall not include those offices | ||||||
23 | within such township, municipality, or ward thereof, for | ||||||
24 | which the nomination is uncontested. For purposes of this | ||||||
25 | Article, the nomination of an established political party | ||||||
26 | of a candidate for election to an office shall be deemed to |
| |||||||
| |||||||
1 | be uncontested where not more than the number of persons | ||||||
2 | to be nominated have timely filed valid nomination papers | ||||||
3 | seeking the nomination of such party for election to such | ||||||
4 | office. | ||||||
5 | (b) Notwithstanding the provisions of any other | ||||||
6 | statute, no primary election shall be held for an | ||||||
7 | established political party for any special primary | ||||||
8 | election called for the purpose of filling a vacancy in | ||||||
9 | the office of representative in the United States Congress | ||||||
10 | where the nomination of such political party for said | ||||||
11 | office is uncontested. For the purposes of this Article, | ||||||
12 | the nomination of an established political party of a | ||||||
13 | candidate for election to said office shall be deemed to | ||||||
14 | be uncontested where not more than the number of persons | ||||||
15 | to be nominated have timely filed valid nomination papers | ||||||
16 | seeking the nomination of such established party for | ||||||
17 | election to said office. This subsection (b) shall not | ||||||
18 | apply if such primary election is conducted on a regularly | ||||||
19 | scheduled election day. | ||||||
20 | (c) Notwithstanding the provisions in subparagraph (a) | ||||||
21 | and (b) of this paragraph (10), whenever a person who has | ||||||
22 | not timely filed valid nomination papers and who intends | ||||||
23 | to become a write-in candidate for a political party's | ||||||
24 | nomination for any office for which the nomination is | ||||||
25 | uncontested files a written statement or notice of that | ||||||
26 | intent with the State Board of Elections or the local |
| |||||||
| |||||||
1 | election official where the candidate is seeking to appear | ||||||
2 | on the ballot with whom nomination papers for such office | ||||||
3 | are filed , a primary ballot shall be prepared and a | ||||||
4 | primary shall be held for that office. Such statement or | ||||||
5 | notice shall be filed on or before the date established in | ||||||
6 | this Article for certifying candidates for the primary | ||||||
7 | ballot. Such statement or notice shall contain (i) the | ||||||
8 | name and address of the person intending to become a | ||||||
9 | write-in candidate, (ii) a statement that the person is a | ||||||
10 | qualified primary elector of the political party from whom | ||||||
11 | the nomination is sought, (iii) a statement that the | ||||||
12 | person intends to become a write-in candidate for the | ||||||
13 | party's nomination, and (iv) the office the person is | ||||||
14 | seeking as a write-in candidate. An election authority | ||||||
15 | shall have no duty to conduct a primary and prepare a | ||||||
16 | primary ballot for any office for which the nomination is | ||||||
17 | uncontested unless a statement or notice meeting the | ||||||
18 | requirements of this Section is filed in a timely manner. | ||||||
19 | (11) If multiple sets of nomination papers are filed | ||||||
20 | for a candidate to the same office, the State Board of | ||||||
21 | Elections, appropriate election authority or local | ||||||
22 | election official where the petitions are filed shall | ||||||
23 | within 2 business days notify the candidate of his or her | ||||||
24 | multiple petition filings and that the candidate has 3 | ||||||
25 | business days after receipt of the notice to notify the | ||||||
26 | State Board of Elections, appropriate election authority |
| |||||||
| |||||||
1 | or local election official that he or she may cancel prior | ||||||
2 | sets of petitions. If the candidate notifies the State | ||||||
3 | Board of Elections, appropriate election authority or | ||||||
4 | local election official, the last set of petitions filed | ||||||
5 | shall be the only petitions to be considered valid by the | ||||||
6 | State Board of Elections, election authority or local | ||||||
7 | election official. If the candidate fails to notify the | ||||||
8 | State Board of Elections, election authority or local | ||||||
9 | election official then only the first set of petitions | ||||||
10 | filed shall be valid and all subsequent petitions shall be | ||||||
11 | void. | ||||||
12 | (12) All nominating petitions shall be available for | ||||||
13 | public inspection and shall be preserved for a period of | ||||||
14 | not less than 6 months. | ||||||
15 | (Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21; | ||||||
16 | 103-586, eff. 5-3-24.)
| ||||||
17 | (10 ILCS 5/8-9) (from Ch. 46, par. 8-9) | ||||||
18 | Sec. 8-9. All petitions for nomination shall be filed by | ||||||
19 | mail or in person as follows: | ||||||
20 | (1) Where the nomination is made for a legislative | ||||||
21 | office, such petition for nomination shall be filed in the | ||||||
22 | principal office of the State Board of Elections not more | ||||||
23 | than 141 113 and not less than 134 106 days prior to the | ||||||
24 | date of the primary. | ||||||
25 | (2) The State Board of Elections shall, upon receipt |
| |||||||
| |||||||
1 | of each petition, endorse thereon the day and hour on | ||||||
2 | which it was filed. Petitions filed by mail and received | ||||||
3 | after midnight on the first day for filing and in the first | ||||||
4 | mail delivery or pickup of that day, shall be deemed as | ||||||
5 | filed as of 8:00 a.m. of that day or as of the normal | ||||||
6 | opening hour of such day as the case may be, and all | ||||||
7 | petitions received thereafter shall be deemed as filed in | ||||||
8 | the order of actual receipt. However, 2 or more petitions | ||||||
9 | filed within the last hour of the filing deadline shall be | ||||||
10 | deemed to have been filed simultaneously. Where 2 or more | ||||||
11 | petitions are received simultaneously, the State Board of | ||||||
12 | Elections shall break ties and determine the order of | ||||||
13 | filing, by means of a lottery as provided in Section 7-12 | ||||||
14 | of this Code. | ||||||
15 | (3) Any person for whom a petition for nomination has | ||||||
16 | been filed, may cause his name to be withdrawn by a request | ||||||
17 | in writing, signed by him, duly acknowledged before an | ||||||
18 | officer qualified to take acknowledgments of deeds, and | ||||||
19 | filed in the principal or permanent branch office of the | ||||||
20 | State Board of Elections not later than the date of | ||||||
21 | certification of candidates for the general primary | ||||||
22 | ballot, and no names so withdrawn shall be certified by | ||||||
23 | the State Board of Elections to the county clerk, or | ||||||
24 | printed on the primary ballot. If petitions for nomination | ||||||
25 | have been filed for the same person with respect to more | ||||||
26 | than one political party, his name shall not be certified |
| |||||||
| |||||||
1 | nor printed on the primary ballot of any party. If | ||||||
2 | petitions for nomination have been filed for the same | ||||||
3 | person for 2 or more offices which are incompatible so | ||||||
4 | that the same person could not serve in more than one of | ||||||
5 | such offices if elected, that person must withdraw as a | ||||||
6 | candidate for all but one of such offices within the 5 | ||||||
7 | business days following the last day for petition filing. | ||||||
8 | If he fails to withdraw as a candidate for all but one of | ||||||
9 | such offices within such time, his name shall not be | ||||||
10 | certified, nor printed on the primary ballot, for any | ||||||
11 | office. For the purpose of the foregoing provisions, an | ||||||
12 | office in a political party is not incompatible with any | ||||||
13 | other office. | ||||||
14 | (4) If multiple sets of nomination papers are filed | ||||||
15 | for a candidate to the same office, the State Board of | ||||||
16 | Elections shall within 2 business days notify the | ||||||
17 | candidate of his or her multiple petition filings and that | ||||||
18 | the candidate has 3 business days after receipt of the | ||||||
19 | notice to notify the State Board of Elections that he or | ||||||
20 | she may cancel prior sets of petitions. If the candidate | ||||||
21 | notifies the State Board of Elections the last set of | ||||||
22 | petitions filed shall be the only petitions to be | ||||||
23 | considered valid by the State Board of Elections. If the | ||||||
24 | candidate fails to notify the State Board then only the | ||||||
25 | first set of petitions filed shall be valid and all | ||||||
26 | subsequent petitions shall be void. |
| |||||||
| |||||||
1 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
2 | (10 ILCS 5/9-8.5) | ||||||
3 | Sec. 9-8.5. Limitations on campaign contributions. | ||||||
4 | (a) It is unlawful for a political committee to accept | ||||||
5 | contributions except as provided in this Section. | ||||||
6 | (b) During an election cycle, a candidate political | ||||||
7 | committee may not accept contributions with an aggregate value | ||||||
8 | over the following: (i) $5,000 from any individual, (ii) | ||||||
9 | $10,000 from any corporation, labor organization, or | ||||||
10 | association, or (iii) $50,000 from a candidate political | ||||||
11 | committee or political action committee. A candidate political | ||||||
12 | committee may accept contributions in any amount from a | ||||||
13 | political party committee except during an election cycle in | ||||||
14 | which the candidate seeks nomination at a primary election. | ||||||
15 | During an election cycle in which the candidate seeks | ||||||
16 | nomination at a primary election, a candidate political | ||||||
17 | committee may not accept contributions from political party | ||||||
18 | committees with an aggregate value over the following: (i) | ||||||
19 | $200,000 for a candidate political committee established to | ||||||
20 | support a candidate seeking nomination to statewide office, | ||||||
21 | (ii) $125,000 for a candidate political committee established | ||||||
22 | to support a candidate seeking nomination to the Senate, the | ||||||
23 | Supreme Court or Appellate Court in the First Judicial | ||||||
24 | District, or an office elected by all voters in a county with | ||||||
25 | 1,000,000 or more residents, (iii) $75,000 for a candidate |
| |||||||
| |||||||
1 | political committee established to support a candidate seeking | ||||||
2 | nomination to the House of Representatives, the Supreme Court | ||||||
3 | or Appellate Court for a Judicial District other than the | ||||||
4 | First Judicial District, an office elected by all voters of a | ||||||
5 | county of fewer than 1,000,000 residents, and municipal and | ||||||
6 | county offices in Cook County other than those elected by all | ||||||
7 | voters of Cook County, and (iv) $50,000 for a candidate | ||||||
8 | political committee established to support the nomination of a | ||||||
9 | candidate to any other office . A candidate political committee | ||||||
10 | established to elect a candidate to the General Assembly may | ||||||
11 | accept contributions from only one legislative caucus | ||||||
12 | committee. A candidate political committee may not accept | ||||||
13 | contributions from a ballot initiative committee or from an | ||||||
14 | independent expenditure committee. | ||||||
15 | (b-5) Judicial elections. | ||||||
16 | (1) In addition to any other provision of this | ||||||
17 | Section, a candidate political committee established to | ||||||
18 | support or oppose a candidate seeking nomination to the | ||||||
19 | Supreme Court, Appellate Court, or Circuit Court may not: | ||||||
20 | (A) accept contributions from any entity that does | ||||||
21 | not disclose the identity of those who make | ||||||
22 | contributions to the entity, except for contributions | ||||||
23 | that are not required to be itemized by this Code; or | ||||||
24 | (B) accept contributions from any out-of-state | ||||||
25 | person, as defined in this Article. | ||||||
26 | (1.1) In addition to any other provision of this |
| |||||||
| |||||||
1 | Section, a political committee that is self-funding, as | ||||||
2 | described in subsection (h) of this Section, and is | ||||||
3 | established to support or oppose a candidate seeking | ||||||
4 | nomination, election, or retention to the Supreme Court, | ||||||
5 | the Appellate Court, or the Circuit Court may not accept | ||||||
6 | contributions from any single person, other than the | ||||||
7 | judicial candidate or the candidate's immediate family, in | ||||||
8 | a cumulative amount that exceeds $500,000 in any election | ||||||
9 | cycle. Any contribution in excess of the limits in this | ||||||
10 | paragraph (1.1) shall escheat to the State of Illinois. | ||||||
11 | Any political committee that receives such a contribution | ||||||
12 | shall immediately forward the amount that exceeds $500,000 | ||||||
13 | to the State Treasurer who shall deposit the funds into | ||||||
14 | the State Treasury. | ||||||
15 | (1.2) In addition to any other provision of this | ||||||
16 | Section, an independent expenditure committee established | ||||||
17 | to support or oppose a candidate seeking nomination, | ||||||
18 | election, or retention to the Supreme Court, the Appellate | ||||||
19 | Court, or the Circuit Court may not accept contributions | ||||||
20 | from any single person in a cumulative amount that exceeds | ||||||
21 | $500,000 in any election cycle. Any contribution in excess | ||||||
22 | of the limits in this paragraph (1.2) shall escheat to the | ||||||
23 | State of Illinois. Any independent expenditure committee | ||||||
24 | that receives such a contribution shall immediately | ||||||
25 | forward the amount that exceeds $500,000 to the State | ||||||
26 | Treasurer who shall deposit the funds into the State |
| |||||||
| |||||||
1 | Treasury. | ||||||
2 | (1.3) In addition to any other provision of this | ||||||
3 | Section, if a political committee established to support | ||||||
4 | or oppose a candidate seeking nomination, election, or | ||||||
5 | retention to the Supreme Court, the Appellate Court, or | ||||||
6 | the Circuit Court receives a contribution in excess of | ||||||
7 | $500 from: (i) any committee that is not required to | ||||||
8 | disclose its contributors under this Act; (ii) any | ||||||
9 | association that is not required to disclose its | ||||||
10 | contributors under this Act; or (iii) any other | ||||||
11 | organization or group of persons that is not required to | ||||||
12 | disclose its contributors under this Act, then that | ||||||
13 | contribution shall be considered an anonymous contribution | ||||||
14 | that shall escheat to the State, unless the political | ||||||
15 | committee reports to the State Board of Elections all | ||||||
16 | persons who have contributed in excess of $500 during the | ||||||
17 | same election cycle to the committee, association, | ||||||
18 | organization, or group making the contribution. Any | ||||||
19 | political committee that receives such a contribution and | ||||||
20 | fails to report this information shall forward the | ||||||
21 | contribution amount immediately to the State Treasurer who | ||||||
22 | shall deposit the funds into the State Treasury. | ||||||
23 | (2) As used in this subsection, "contribution" has the | ||||||
24 | meaning provided in Section 9-1.4 and also includes the | ||||||
25 | following that are subject to the limits of this Section: | ||||||
26 | (A) expenditures made by any person in concert or |
| |||||||
| |||||||
1 | cooperation with, or at the request or suggestion of, | ||||||
2 | a candidate, his or her designated committee, or their | ||||||
3 | agents; and | ||||||
4 | (B) the financing by any person of the | ||||||
5 | dissemination, distribution, or republication, in | ||||||
6 | whole or in part, of any broadcast or any written, | ||||||
7 | graphic, or other form of campaign materials prepared | ||||||
8 | by the candidate, his or her campaign committee, or | ||||||
9 | their designated agents. | ||||||
10 | (3) As to contributions to a candidate political | ||||||
11 | committee established to support a candidate seeking | ||||||
12 | nomination to the Supreme Court, Appellate Court, or | ||||||
13 | Circuit Court: | ||||||
14 | (A) No person shall make a contribution in the | ||||||
15 | name of another person or knowingly permit his or her | ||||||
16 | name to be used to effect such a contribution. | ||||||
17 | (B) No person shall knowingly accept a | ||||||
18 | contribution made by one person in the name of another | ||||||
19 | person. | ||||||
20 | (C) No person shall knowingly accept reimbursement | ||||||
21 | from another person for a contribution made in his or | ||||||
22 | her own name. | ||||||
23 | (D) No person shall make an anonymous | ||||||
24 | contribution. | ||||||
25 | (E) No person shall knowingly accept any anonymous | ||||||
26 | contribution. |
| |||||||
| |||||||
1 | (F) No person shall predicate (1) any benefit, | ||||||
2 | including, but not limited to, employment decisions, | ||||||
3 | including hiring, promotions, bonus compensation, and | ||||||
4 | transfers, or (2) any other gift, transfer, or | ||||||
5 | emolument upon: | ||||||
6 | (i) the decision by the recipient of that | ||||||
7 | benefit to donate or not to donate to a candidate; | ||||||
8 | or | ||||||
9 | (ii) the amount of any such donation. | ||||||
10 | (4) No judicial candidate or political committee | ||||||
11 | established to support a candidate seeking nomination to | ||||||
12 | the Supreme Court, Appellate Court, or Circuit Court shall | ||||||
13 | knowingly accept any contribution or make any expenditure | ||||||
14 | in violation of the provisions of this Section. No officer | ||||||
15 | or employee of a political committee established to | ||||||
16 | support a candidate seeking nomination to the Supreme | ||||||
17 | Court, Appellate Court, or Circuit Court shall knowingly | ||||||
18 | accept a contribution made for the benefit or use of a | ||||||
19 | candidate or knowingly make any expenditure in support of | ||||||
20 | or opposition to a candidate or for electioneering | ||||||
21 | communications in relation to a candidate in violation of | ||||||
22 | any limitation designated for contributions and | ||||||
23 | expenditures under this Section. | ||||||
24 | (5) Where the provisions of this subsection (b-5) | ||||||
25 | conflict with any other provision of this Code, this | ||||||
26 | subsection (b-5) shall control. |
| |||||||
| |||||||
1 | (c) During an election cycle, a political party committee | ||||||
2 | may not accept contributions with an aggregate value over the | ||||||
3 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
4 | any corporation, labor organization, or association, or (iii) | ||||||
5 | $50,000 from a political action committee. A political party | ||||||
6 | committee may accept contributions in any amount from another | ||||||
7 | political party committee or a candidate political committee, | ||||||
8 | except as provided in subsection (c-5). Nothing in this | ||||||
9 | Section shall limit the amounts that may be transferred | ||||||
10 | between a political party committee established under | ||||||
11 | subsection (a) of Section 7-8 of this Code and an affiliated | ||||||
12 | federal political committee established under the Federal | ||||||
13 | Election Code by the same political party. A political party | ||||||
14 | committee may not accept contributions from a ballot | ||||||
15 | initiative committee or from an independent expenditure | ||||||
16 | committee. A political party committee established by a | ||||||
17 | legislative caucus may not accept contributions from another | ||||||
18 | political party committee established by a legislative caucus. | ||||||
19 | (c-5) (Blank). During the period beginning on the date | ||||||
20 | candidates may begin circulating petitions for a primary | ||||||
21 | election and ending on the day of the primary election, a | ||||||
22 | political party committee may not accept contributions with an | ||||||
23 | aggregate value over $50,000 from a candidate political | ||||||
24 | committee or political party committee. A political party | ||||||
25 | committee may accept contributions in any amount from a | ||||||
26 | candidate political committee or political party committee if |
| |||||||
| |||||||
1 | the political party committee receiving the contribution filed | ||||||
2 | a statement of nonparticipation in the primary as provided in | ||||||
3 | subsection (c-10). The Task Force on Campaign Finance Reform | ||||||
4 | shall study and make recommendations on the provisions of this | ||||||
5 | subsection to the Governor and General Assembly by September | ||||||
6 | 30, 2012. This subsection becomes inoperative on July 1, 2013 | ||||||
7 | and thereafter no longer applies. | ||||||
8 | (c-10) (Blank). A political party committee that does not | ||||||
9 | intend to make contributions to candidates to be nominated at | ||||||
10 | a general primary election or consolidated primary election | ||||||
11 | may file a Statement of Nonparticipation in a Primary Election | ||||||
12 | with the Board. The Statement of Nonparticipation shall | ||||||
13 | include a verification signed by the chairperson and treasurer | ||||||
14 | of the committee that (i) the committee will not make | ||||||
15 | contributions or coordinated expenditures in support of or | ||||||
16 | opposition to a candidate or candidates to be nominated at the | ||||||
17 | general primary election or consolidated primary election | ||||||
18 | (select one) to be held on (insert date), (ii) the political | ||||||
19 | party committee may accept unlimited contributions from | ||||||
20 | candidate political committees and political party committees, | ||||||
21 | provided that the political party committee does not make | ||||||
22 | contributions to a candidate or candidates to be nominated at | ||||||
23 | the primary election, and (iii) failure to abide by these | ||||||
24 | requirements shall deem the political party committee in | ||||||
25 | violation of this Article and subject the committee to a fine | ||||||
26 | of no more than 150% of the total contributions or coordinated |
| |||||||
| |||||||
1 | expenditures made by the committee in violation of this | ||||||
2 | Article. This subsection becomes inoperative on July 1, 2013 | ||||||
3 | and thereafter no longer applies. | ||||||
4 | (d) During an election cycle, a political action committee | ||||||
5 | may not accept contributions with an aggregate value over the | ||||||
6 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
7 | any corporation, labor organization, political party | ||||||
8 | committee, or association, or (iii) $50,000 from a political | ||||||
9 | action committee or candidate political committee. A political | ||||||
10 | action committee may not accept contributions from a ballot | ||||||
11 | initiative committee or from an independent expenditure | ||||||
12 | committee. | ||||||
13 | (e) A ballot initiative committee may accept contributions | ||||||
14 | in any amount from any source, provided that the committee | ||||||
15 | files the document required by Section 9-3 of this Article and | ||||||
16 | files the disclosure reports required by the provisions of | ||||||
17 | this Article. | ||||||
18 | (e-5) An independent expenditure committee may accept | ||||||
19 | contributions in any amount from any source, provided that the | ||||||
20 | committee files the document required by Section 9-3 of this | ||||||
21 | Article and files the disclosure reports required by the | ||||||
22 | provisions of this Article. | ||||||
23 | (e-10) A limited activity committee shall not accept | ||||||
24 | contributions, except that the officer or a candidate the | ||||||
25 | committee has designated to support may contribute personal | ||||||
26 | funds in order to pay for maintenance expenses. A limited |
| |||||||
| |||||||
1 | activity committee may only make expenditures that are: (i) | ||||||
2 | necessary for maintenance of the committee; (ii) for rent or | ||||||
3 | lease payments until the end of the lease in effect at the time | ||||||
4 | the officer or candidate is confirmed by the Senate; (iii) | ||||||
5 | contributions to 501(c)(3) charities; or (iv) returning | ||||||
6 | contributions to original contributors. | ||||||
7 | (f) Nothing in this Section shall prohibit a political | ||||||
8 | committee from dividing the proceeds of joint fundraising | ||||||
9 | efforts; provided that no political committee may receive more | ||||||
10 | than the limit from any one contributor, and provided that an | ||||||
11 | independent expenditure committee may not conduct joint | ||||||
12 | fundraising efforts with a candidate political committee or a | ||||||
13 | political party committee. | ||||||
14 | (g) On January 1 of each odd-numbered year, the State | ||||||
15 | Board of Elections shall adjust the amounts of the | ||||||
16 | contribution limitations established in this Section for | ||||||
17 | inflation as determined by the Consumer Price Index for All | ||||||
18 | Urban Consumers as issued by the United States Department of | ||||||
19 | Labor and rounded to the nearest $100. The State Board shall | ||||||
20 | publish this information on its official website. | ||||||
21 | (h) Self-funding candidates. If a public official, a | ||||||
22 | candidate, or the public official's or candidate's immediate | ||||||
23 | family contributes or loans to the public official's or | ||||||
24 | candidate's political committee or to other political | ||||||
25 | committees that transfer funds to the public official's or | ||||||
26 | candidate's political committee or makes independent |
| |||||||
| |||||||
1 | expenditures for the benefit of the public official's or | ||||||
2 | candidate's campaign during the 12 months prior to an election | ||||||
3 | in an aggregate amount of more than (i) $250,000 for statewide | ||||||
4 | office or (ii) $100,000 for all other elective offices, then | ||||||
5 | the public official or candidate shall file with the State | ||||||
6 | Board of Elections, within one day, a Notification of | ||||||
7 | Self-funding that shall detail each contribution or loan made | ||||||
8 | by the public official, the candidate, or the public | ||||||
9 | official's or candidate's immediate family. Within 2 business | ||||||
10 | days after the filing of a Notification of Self-funding, the | ||||||
11 | notification shall be posted on the Board's website and the | ||||||
12 | Board shall give official notice of the filing to each | ||||||
13 | candidate for the same office as the public official or | ||||||
14 | candidate making the filing, including the public official or | ||||||
15 | candidate filing the Notification of Self-funding. Notice | ||||||
16 | shall be sent via first class mail to the candidate and the | ||||||
17 | treasurer of the candidate's committee. Notice shall also be | ||||||
18 | sent by e-mail to the candidate and the treasurer of the | ||||||
19 | candidate's committee if the candidate and the treasurer, as | ||||||
20 | applicable, have provided the Board with an e-mail address. | ||||||
21 | Upon posting of the notice on the Board's website, all | ||||||
22 | candidates for that office, including the public official or | ||||||
23 | candidate who filed a Notification of Self-funding, shall be | ||||||
24 | permitted to accept contributions in excess of any | ||||||
25 | contribution limits imposed by subsection (b). If a public | ||||||
26 | official or candidate filed a Notification of Self-funding |
| |||||||
| |||||||
1 | during an election cycle that includes a general primary | ||||||
2 | election or consolidated primary election and that public | ||||||
3 | official or candidate is nominated, all candidates for that | ||||||
4 | office, including the nominee who filed the notification of | ||||||
5 | self-funding, shall be permitted to accept contributions in | ||||||
6 | excess of any contribution limit imposed by subsection (b) for | ||||||
7 | the subsequent election cycle. For the purposes of this | ||||||
8 | subsection, "immediate family" means the spouse, parent, or | ||||||
9 | child of a public official or candidate. | ||||||
10 | (h-5) If a natural person or independent expenditure | ||||||
11 | committee makes independent expenditures in support of or in | ||||||
12 | opposition to the campaign of a particular public official or | ||||||
13 | candidate in an aggregate amount of more than (i) $250,000 for | ||||||
14 | statewide office or (ii) $100,000 for all other elective | ||||||
15 | offices in an election cycle, as reported in a written | ||||||
16 | disclosure filed under subsection (a) of Section 9-8.6 or | ||||||
17 | subsection (e-5) of Section 9-10, then the State Board of | ||||||
18 | Elections shall, within 2 business days after the filing of | ||||||
19 | the disclosure, post the disclosure on the Board's website and | ||||||
20 | give official notice of the disclosure to each candidate for | ||||||
21 | the same office as the public official or candidate for whose | ||||||
22 | benefit or detriment the natural person or independent | ||||||
23 | expenditure committee made independent expenditures. Upon | ||||||
24 | posting of the notice on the Board's website, all candidates | ||||||
25 | for that office in that election, including the public | ||||||
26 | official or candidate for whose benefit or detriment the |
| |||||||
| |||||||
1 | natural person or independent expenditure committee made | ||||||
2 | independent expenditures, shall be permitted to accept | ||||||
3 | contributions in excess of any contribution limits imposed by | ||||||
4 | subsection (b). | ||||||
5 | (h-10) If the State Board of Elections receives | ||||||
6 | notification or determines that a natural person or persons, | ||||||
7 | an independent expenditure committee or committees, or | ||||||
8 | combination thereof has made independent expenditures in | ||||||
9 | support of or in opposition to the campaign of a particular | ||||||
10 | public official or candidate in an aggregate amount of more | ||||||
11 | than (i) $250,000 for statewide office or (ii) $100,000 for | ||||||
12 | all other elective offices in an election cycle, then the | ||||||
13 | Board shall, within 2 business days after discovering the | ||||||
14 | independent expenditures that, in the aggregate, exceed the | ||||||
15 | threshold set forth in (i) and (ii) of this subsection, post | ||||||
16 | notice of this fact on the Board's website and give official | ||||||
17 | notice to each candidate for the same office as the public | ||||||
18 | official or candidate for whose benefit or detriment the | ||||||
19 | independent expenditures were made. Notice shall be sent via | ||||||
20 | first class mail to the candidate and the treasurer of the | ||||||
21 | candidate's committee. Notice shall also be sent by e-mail to | ||||||
22 | the candidate and the treasurer of the candidate's committee | ||||||
23 | if the candidate and the treasurer, as applicable, have | ||||||
24 | provided the Board with an e-mail address. Upon posting of the | ||||||
25 | notice on the Board's website, all candidates of that office | ||||||
26 | in that election, including the public official or candidate |
| |||||||
| |||||||
1 | for whose benefit or detriment the independent expenditures | ||||||
2 | were made, may accept contributions in excess of any | ||||||
3 | contribution limits imposed by subsection (b). | ||||||
4 | (i) For the purposes of this Section, a corporation, labor | ||||||
5 | organization, association, or a political action committee | ||||||
6 | established by a corporation, labor organization, or | ||||||
7 | association may act as a conduit in facilitating the delivery | ||||||
8 | to a political action committee of contributions made through | ||||||
9 | dues, levies, or similar assessments and the political action | ||||||
10 | committee may report the contributions in the aggregate, | ||||||
11 | provided that: (i) contributions made through dues, levies, or | ||||||
12 | similar assessments paid by any natural person, corporation, | ||||||
13 | labor organization, or association in a calendar year may not | ||||||
14 | exceed the limits set forth in this Section; (ii) the | ||||||
15 | corporation, labor organization, association, or a political | ||||||
16 | action committee established by a corporation, labor | ||||||
17 | organization, or association facilitating the delivery of | ||||||
18 | contributions maintains a list of natural persons, | ||||||
19 | corporations, labor organizations, and associations that paid | ||||||
20 | the dues, levies, or similar assessments from which the | ||||||
21 | contributions comprising the aggregate amount derive; and | ||||||
22 | (iii) contributions made through dues, levies, or similar | ||||||
23 | assessments paid by any natural person, corporation, labor | ||||||
24 | organization, or association that exceed $1,000 in a quarterly | ||||||
25 | reporting period shall be itemized on the committee's | ||||||
26 | quarterly report and may not be reported in the aggregate. A |
| |||||||
| |||||||
1 | political action committee facilitating the delivery of | ||||||
2 | contributions or receiving contributions shall disclose the | ||||||
3 | amount of contributions made through dues delivered or | ||||||
4 | received and the name of the corporation, labor organization, | ||||||
5 | association, or political action committee delivering the | ||||||
6 | contributions, if applicable. On January 1 of each | ||||||
7 | odd-numbered year, the State Board of Elections shall adjust | ||||||
8 | the amounts of the contribution limitations established in | ||||||
9 | this subsection for inflation as determined by the Consumer | ||||||
10 | Price Index for All Urban Consumers as issued by the United | ||||||
11 | States Department of Labor and rounded to the nearest $100. | ||||||
12 | The State Board shall publish this information on its official | ||||||
13 | website. | ||||||
14 | (j) A political committee that receives a contribution or | ||||||
15 | transfer in violation of this Section shall dispose of the | ||||||
16 | contribution or transfer by returning the contribution or | ||||||
17 | transfer, or an amount equal to the contribution or transfer, | ||||||
18 | to the contributor or transferor or donating the contribution | ||||||
19 | or transfer, or an amount equal to the contribution or | ||||||
20 | transfer, to a charity. A contribution or transfer received in | ||||||
21 | violation of this Section that is not disposed of as provided | ||||||
22 | in this subsection within 30 days after the Board sends | ||||||
23 | notification to the political committee of the excess | ||||||
24 | contribution by certified mail shall escheat to the General | ||||||
25 | Revenue Fund and the political committee shall be deemed in | ||||||
26 | violation of this Section and subject to a civil penalty not to |
| |||||||
| |||||||
1 | exceed 150% of the total amount of the contribution. | ||||||
2 | (k) For the purposes of this Section, "statewide office" | ||||||
3 | means the Governor, Lieutenant Governor, Attorney General, | ||||||
4 | Secretary of State, Comptroller, and Treasurer. | ||||||
5 | (l) This Section is repealed if and when the United States | ||||||
6 | Supreme Court invalidates contribution limits on committees | ||||||
7 | formed to assist candidates, political parties, corporations, | ||||||
8 | associations, or labor organizations established by or | ||||||
9 | pursuant to federal law. | ||||||
10 | (Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21; | ||||||
11 | 102-909, eff. 5-27-22.)
| ||||||
12 | (10 ILCS 5/9-11) (from Ch. 46, par. 9-11) | ||||||
13 | Sec. 9-11. Financial reports. | ||||||
14 | (a) Each quarterly report of campaign contributions, | ||||||
15 | expenditures, and independent expenditures under Section 9-10 | ||||||
16 | shall disclose the following: | ||||||
17 | (1) the name and address of the political committee; | ||||||
18 | (2) the name and address of the person submitting the | ||||||
19 | report on behalf of the committee, if other than the chair | ||||||
20 | or treasurer; | ||||||
21 | (3) the amount of funds on hand at the beginning of the | ||||||
22 | reporting period; | ||||||
23 | (4) the full name and mailing address of each person | ||||||
24 | who has made one or more contributions to or for the | ||||||
25 | committee within the reporting period in an aggregate |
| |||||||
| |||||||
1 | amount or value in excess of $150, together with the | ||||||
2 | amounts and dates of those contributions, and, if the | ||||||
3 | contributor is an individual who contributed more than | ||||||
4 | $500, the occupation and employer of the contributor or, | ||||||
5 | if the occupation and employer of the contributor are | ||||||
6 | unknown, a statement that the committee has made a good | ||||||
7 | faith effort to ascertain this information; | ||||||
8 | (5) the total sum of individual contributions made to | ||||||
9 | or for the committee during the reporting period and not | ||||||
10 | reported under item (4); | ||||||
11 | (6) the name and address of each political committee | ||||||
12 | from which the reporting committee received, or to which | ||||||
13 | that committee made, any transfer of funds in the | ||||||
14 | aggregate amount or value in excess of $150, together with | ||||||
15 | the amounts and dates of all transfers; | ||||||
16 | (7) the total sum of transfers made to or from the | ||||||
17 | committee during the reporting period and not reported | ||||||
18 | under item (6); | ||||||
19 | (8) each loan to or from any person, political | ||||||
20 | committee, or financial institution within the reporting | ||||||
21 | period by or to the committee in an aggregate amount or | ||||||
22 | value in excess of $150, together with the full names and | ||||||
23 | mailing addresses of the lender and endorsers, if any; the | ||||||
24 | dates and amounts of the loans; and, if a lender or | ||||||
25 | endorser is an individual who loaned or endorsed a loan of | ||||||
26 | more than $500, the occupation and employer of that |
| |||||||
| |||||||
1 | individual or, if the occupation and employer of the | ||||||
2 | individual are unknown, a statement that the committee has | ||||||
3 | made a good faith effort to ascertain this information; | ||||||
4 | (9) the total amount of proceeds received by the | ||||||
5 | committee from (i) the sale of tickets for each dinner, | ||||||
6 | luncheon, cocktail party, rally, and other fund-raising | ||||||
7 | events; (ii) mass collections made at those events; and | ||||||
8 | (iii) sales of items such as political campaign pins, | ||||||
9 | buttons, badges, flags, emblems, hats, banners, | ||||||
10 | literature, and similar materials; | ||||||
11 | (10) each contribution, rebate, refund, income from | ||||||
12 | investments, or other receipt in excess of $150 received | ||||||
13 | by the committee not otherwise listed under items (4) | ||||||
14 | through (9) and, if the contributor is an individual who | ||||||
15 | contributed more than $500, the occupation and employer of | ||||||
16 | the contributor or, if the occupation and employer of the | ||||||
17 | contributor are unknown, a statement that the committee | ||||||
18 | has made a good faith effort to ascertain this | ||||||
19 | information; | ||||||
20 | (11) the total sum of all receipts by or for the | ||||||
21 | committee or candidate during the reporting period; | ||||||
22 | (12) the full name and mailing address of each person | ||||||
23 | to whom expenditures have been made by the committee or | ||||||
24 | candidate within the reporting period in an aggregate | ||||||
25 | amount or value in excess of $150; the amount, date, and | ||||||
26 | purpose of each of those expenditures; and the question of |
| |||||||
| |||||||
1 | public policy or the name and address of, and the office | ||||||
2 | sought by, each candidate on whose behalf that expenditure | ||||||
3 | was made; | ||||||
4 | (13) the full name and mailing address of each person | ||||||
5 | to whom an expenditure for personal services, salaries, | ||||||
6 | and reimbursed expenses in excess of $150 has been made | ||||||
7 | and that is not otherwise reported, including the amount, | ||||||
8 | date, and purpose of the expenditure; | ||||||
9 | (14) the value of each asset held as an investment, as | ||||||
10 | of the final day of the reporting period; | ||||||
11 | (15) the total sum of expenditures made by the | ||||||
12 | committee during the reporting period; and | ||||||
13 | (16) the full name and mailing address of each person | ||||||
14 | to whom the committee owes debts or obligations in excess | ||||||
15 | of $150 and the amount of those debts or obligations. | ||||||
16 | For purposes of reporting campaign receipts and expenses, | ||||||
17 | income from investments shall be included as receipts during | ||||||
18 | the reporting period they are actually received. The gross | ||||||
19 | purchase price of each investment shall be reported as an | ||||||
20 | expenditure at time of purchase. Net proceeds from the sale of | ||||||
21 | an investment shall be reported as a receipt. During the | ||||||
22 | period investments are held they shall be identified by name | ||||||
23 | and quantity of security or instrument on each quarterly | ||||||
24 | semi-annual report during the period. | ||||||
25 | (b) Each report of a campaign contribution of $1,000 or | ||||||
26 | more required under subsection (c) of Section 9-10 shall |
| |||||||
| |||||||
1 | disclose the following: | ||||||
2 | (1) the name and address of the political committee; | ||||||
3 | (2) the name and address of the person submitting the | ||||||
4 | report on behalf of the committee, if other than the chair | ||||||
5 | or treasurer; and | ||||||
6 | (3) the full name and mailing address of each person | ||||||
7 | who has made a contribution of $1,000 or more. | ||||||
8 | (c) Each quarterly report shall include the following | ||||||
9 | information regarding any independent expenditures made during | ||||||
10 | the reporting period: (1) the full name and mailing address of | ||||||
11 | each person to whom an expenditure in excess of $150 has been | ||||||
12 | made in connection with an independent expenditure; (2) the | ||||||
13 | amount, date, and purpose of such expenditure; (3) a statement | ||||||
14 | whether the independent expenditure was in support of or in | ||||||
15 | opposition to a particular candidate; (4) the name of the | ||||||
16 | candidate; (5) the office and, when applicable, district, | ||||||
17 | sought by the candidate; and (6) a certification, under | ||||||
18 | penalty of perjury, that such expenditure was not made in | ||||||
19 | cooperation, consultation, or concert with, or at the request | ||||||
20 | or suggestion of, any candidate or any authorized committee or | ||||||
21 | agent of such committee. The report shall also include (I) the | ||||||
22 | total of all independent expenditures of $150 or less made | ||||||
23 | during the reporting period and (II) the total amount of all | ||||||
24 | independent expenditures made during the reporting period. | ||||||
25 | (d) The Board shall by rule define a "good faith effort". | ||||||
26 | The reports of campaign contributions filed under this |
| |||||||
| |||||||
1 | Article shall be cumulative during the reporting period to | ||||||
2 | which they relate. | ||||||
3 | (e) Each report shall be verified, dated, and signed by | ||||||
4 | either the treasurer of the political committee or the | ||||||
5 | candidate on whose behalf the report is filed and shall | ||||||
6 | contain the following verification: | ||||||
7 | "I declare that this report (including any accompanying | ||||||
8 | schedules and statements) has been examined by me and, to the | ||||||
9 | best of my knowledge and belief, is a true, correct, and | ||||||
10 | complete report as required by Article 9 of the Election Code. | ||||||
11 | I understand that willfully filing a false or incomplete | ||||||
12 | statement is subject to a civil penalty of up to $5,000.". | ||||||
13 | (f) A political committee may amend a report filed under | ||||||
14 | subsection (a) or (b). The Board may reduce or waive a fine if | ||||||
15 | the amendment is due to a technical or inadvertent error and | ||||||
16 | the political committee files the amended report, except that | ||||||
17 | a report filed under subsection (b) must be amended within 5 | ||||||
18 | business days. The State Board shall ensure that a description | ||||||
19 | of the amended information is available to the public. The | ||||||
20 | Board may promulgate rules to enforce this subsection. | ||||||
21 | (Source: P.A. 100-1027, eff. 1-1-19 .)
| ||||||
22 | (10 ILCS 5/9-23.5) | ||||||
23 | Sec. 9-23.5. Public database of founded complaints. The | ||||||
24 | State Board of Elections shall establish and maintain on its | ||||||
25 | official website a searchable database, freely accessible to |
| |||||||
| |||||||
1 | the public, of each complaint filed with the Board under this | ||||||
2 | Article with respect to which Board action was taken, | ||||||
3 | including all Board actions and penalties imposed, if any. The | ||||||
4 | Board must update the database within 5 business days after an | ||||||
5 | action is taken or a penalty is imposed to include that | ||||||
6 | complaint, action, or penalty in the database. The Task Force | ||||||
7 | on Campaign Finance Reform shall make recommendations on | ||||||
8 | improving access to information related to founded complaints. | ||||||
9 | (Source: P.A. 96-832, eff. 1-1-11 .)
| ||||||
10 | (10 ILCS 5/9-35) | ||||||
11 | Sec. 9-35. Registration of business entities. | ||||||
12 | (a) This Section governs the procedures for the | ||||||
13 | registration required under Section 20-160 of the Illinois | ||||||
14 | Procurement Code. | ||||||
15 | For the purposes of this Section, the terms | ||||||
16 | "officeholder", "State contract", "business entity", "State | ||||||
17 | agency", "affiliated entity", and "affiliated person" have the | ||||||
18 | meanings ascribed to those terms in Section 50-37 of the | ||||||
19 | Illinois Procurement Code. | ||||||
20 | (b) Registration under Section 20-160 of the Illinois | ||||||
21 | Procurement Code, and any changes to that registration, must | ||||||
22 | be made electronically, and the State Board of Elections by | ||||||
23 | rule shall provide for electronic registration ; except that | ||||||
24 | the State Board may adopt emergency rules providing for a | ||||||
25 | temporary filing system, effective through August 1, 2009, |
| |||||||
| |||||||
1 | under which business entities must file the required | ||||||
2 | registration forms provided by the Board via e-mail attachment | ||||||
3 | in a PDF file or via another type of mail service and must | ||||||
4 | receive from the State Board registration certificates via | ||||||
5 | e-mail or paper registration certificates. The State Board | ||||||
6 | shall retain the registrations submitted by business entities | ||||||
7 | via e-mail or another type of mail service for at least 6 | ||||||
8 | months following the establishment of the electronic | ||||||
9 | registration system required by this subsection . | ||||||
10 | Each registration must contain substantially the | ||||||
11 | following: | ||||||
12 | (1) The name and address of the business entity. | ||||||
13 | (2) The name and address of any affiliated entity of | ||||||
14 | the business entity, including a description of the | ||||||
15 | affiliation. | ||||||
16 | (3) The name and address of any affiliated person of | ||||||
17 | the business entity, including a description of the | ||||||
18 | affiliation. | ||||||
19 | (c) The Board shall provide a certificate of registration | ||||||
20 | to the business entity. The certificate shall be electronic , | ||||||
21 | except as otherwise provided in this Section, and accessible | ||||||
22 | to the business entity through the State Board of Elections' | ||||||
23 | website and protected by a password. Within 60 days after | ||||||
24 | establishment of the electronic system, each business entity | ||||||
25 | that submitted a registration via e-mail attachment or paper | ||||||
26 | copy pursuant to this Section shall re-submit its registration |
| |||||||
| |||||||
1 | electronically. At the time of re-submission, the State Board | ||||||
2 | of Elections shall provide an electronic certificate of | ||||||
3 | registration to that business entity. | ||||||
4 | (d) Any business entity required to register under Section | ||||||
5 | 20-160 of the Illinois Procurement Code shall provide a copy | ||||||
6 | of the registration certificate, by first class mail or hand | ||||||
7 | delivery within 10 days after registration, to each affiliated | ||||||
8 | entity or affiliated person whose identity is required to be | ||||||
9 | disclosed. Failure to provide notice to an affiliated entity | ||||||
10 | or affiliated person is a business offense for which the | ||||||
11 | business entity is subject to a fine not to exceed $1,001. | ||||||
12 | (e) In addition to any penalty under Section 20-160 of the | ||||||
13 | Illinois Procurement Code, intentional, willful, or material | ||||||
14 | failure to disclose information required for registration is | ||||||
15 | subject to a civil penalty imposed by the State Board of | ||||||
16 | Elections. The State Board shall impose a civil penalty of | ||||||
17 | $1,000 per business day for failure to update a registration. | ||||||
18 | (f) Any business entity required to register under Section | ||||||
19 | 20-160 of the Illinois Procurement Code shall notify any | ||||||
20 | political committee to which it makes a contribution, at the | ||||||
21 | time of the contribution, that the business entity is | ||||||
22 | registered with the State Board of Elections under Section | ||||||
23 | 20-160 of the Illinois Procurement Code. Any affiliated entity | ||||||
24 | or affiliated person of a business entity required to register | ||||||
25 | under Section 20-160 of the Illinois Procurement Code shall | ||||||
26 | notify any political committee to which it makes a |
| |||||||
| |||||||
1 | contribution that it is affiliated with a business entity | ||||||
2 | registered with the State Board of Elections under Section | ||||||
3 | 20-160 of the Illinois Procurement Code. | ||||||
4 | (g) The State Board of Elections on its official website | ||||||
5 | shall have a searchable database containing (i) all | ||||||
6 | information required to be submitted to the Board under | ||||||
7 | Section 20-160 of the Illinois Procurement Code and (ii) all | ||||||
8 | reports filed under this Article with the State Board of | ||||||
9 | Elections by all political committees. For the purposes of | ||||||
10 | databases maintained by the State Board of Elections, | ||||||
11 | "searchable" means able to search by "political committee", as | ||||||
12 | defined in this Article, and by "officeholder", "State | ||||||
13 | agency", "business entity", "affiliated entity", and | ||||||
14 | "affiliated person". The Board shall not place the name of a | ||||||
15 | minor child on the website. However, the Board shall provide a | ||||||
16 | link to all contributions made by anyone reporting the same | ||||||
17 | residential address as any affiliated person. In addition, the | ||||||
18 | State Board of Elections on its official website shall provide | ||||||
19 | an electronic connection to any searchable database of State | ||||||
20 | contracts maintained by the Comptroller, searchable by | ||||||
21 | business entity. | ||||||
22 | (h) The State Board of Elections shall have rulemaking | ||||||
23 | authority to implement this Section. | ||||||
24 | (Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.)
| ||||||
25 | (10 ILCS 5/9-50) |
| |||||||
| |||||||
1 | Sec. 9-50. Vendor providing automated traffic systems; | ||||||
2 | contributions. | ||||||
3 | (a) No vendor that offers or provides equipment or | ||||||
4 | services for automated traffic law enforcement, automated | ||||||
5 | speed enforcement, or automated railroad grade crossing | ||||||
6 | enforcement systems to municipalities or counties, no | ||||||
7 | political action committee created by such a vendor, and no | ||||||
8 | vendor-affiliated person shall make a campaign contribution to | ||||||
9 | any political committee established to promote the candidacy | ||||||
10 | of a candidate or public official. An officer or agent of such | ||||||
11 | a vendor may not consent to any contribution or expenditure | ||||||
12 | that is prohibited by this Section. A candidate, political | ||||||
13 | committee, or other person may not knowingly accept or receive | ||||||
14 | any contribution prohibited by this Section. A political | ||||||
15 | committee that receives a contribution in violation of this | ||||||
16 | Section shall dispose of the contribution by returning the | ||||||
17 | contribution or an amount equal to the contribution to the | ||||||
18 | contributor or by donating the contribution or an amount equal | ||||||
19 | to the contribution to a charity. A contribution received in | ||||||
20 | violation of this Section that is not disposed of within 30 | ||||||
21 | days after the Board sends notification to the political | ||||||
22 | committee of the excess contribution by certified mail shall | ||||||
23 | escheat to the General Revenue Fund, and the political | ||||||
24 | committee shall be deemed in violation of this Section and | ||||||
25 | shall be subject to a civil penalty not to exceed 150% of the | ||||||
26 | total amount of the contribution. |
| |||||||
| |||||||
1 | (b) As used in this Section: | ||||||
2 | "Automated law enforcement system", "automated speed | ||||||
3 | enforcement system", and "automated railroad grade crossing | ||||||
4 | enforcement system" have the meanings given to those terms in | ||||||
5 | Article II of Chapter 11 of the Illinois Vehicle Code. | ||||||
6 | "Vendor-affiliated person" means: (i) any person with an | ||||||
7 | ownership interest in excess of 7.5% in a vendor that offers or | ||||||
8 | provides equipment or services for automated traffic law | ||||||
9 | enforcement, automated speed enforcement, or automated | ||||||
10 | railroad grade crossing enforcement systems to municipalities | ||||||
11 | or counties; (ii) any person with a distributive share in | ||||||
12 | excess of 7.5% in a vendor that offers or provides equipment or | ||||||
13 | services for automated traffic law enforcement, automated | ||||||
14 | speed enforcement, or automated railroad grade crossing | ||||||
15 | enforcement systems to municipalities or counties; (iii) any | ||||||
16 | executive employees of a vendor that offers or provides | ||||||
17 | equipment or services for automated traffic law enforcement, | ||||||
18 | automated speed enforcement, or automated railroad grade | ||||||
19 | crossing enforcement systems to municipalities or counties; | ||||||
20 | and (iv) the spouse, minor child, or other immediate family | ||||||
21 | member living in the residence of any of the persons | ||||||
22 | identified in items (i) through (iii). | ||||||
23 | (Source: P.A. 103-364, eff. 7-28-23.)
| ||||||
24 | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6) | ||||||
25 | Sec. 10-6. Time and manner of filing. Except as otherwise |
| |||||||
| |||||||
1 | provided in this Code, certificates of nomination and | ||||||
2 | nomination papers for the nomination of candidates for offices | ||||||
3 | to be filled by electors of the entire State, or any district | ||||||
4 | not entirely within a county, or for congressional, state | ||||||
5 | legislative or judicial offices, shall be presented to the | ||||||
6 | principal office of the State Board of Elections not more than | ||||||
7 | 169 141 nor less than 162 134 days previous to the day of | ||||||
8 | election for which the candidates are nominated. The State | ||||||
9 | Board of Elections shall endorse the certificates of | ||||||
10 | nomination or nomination papers, as the case may be, and the | ||||||
11 | date and hour of presentment to it. Except as otherwise | ||||||
12 | provided in this Code, all other certificates for the | ||||||
13 | nomination of candidates shall be filed with the county clerk | ||||||
14 | of the respective counties not more than 169 141 but at least | ||||||
15 | 162 134 days previous to the day of such election. | ||||||
16 | Certificates of nomination and nomination papers for the | ||||||
17 | nomination of candidates for school district offices to be | ||||||
18 | filled at consolidated elections shall be filed with the | ||||||
19 | county clerk or county board of election commissioners of the | ||||||
20 | county in which the principal office of the school district is | ||||||
21 | located not more than 141 113 nor less than 134 106 days before | ||||||
22 | the consolidated election. Except as otherwise provided in | ||||||
23 | this Code, certificates of nomination and nomination papers | ||||||
24 | for the nomination of candidates for the other offices of | ||||||
25 | political subdivisions to be filled at regular elections other | ||||||
26 | than the general election shall be filed with the local |
| |||||||
| |||||||
1 | election official of such subdivision: | ||||||
2 | (1) (Blank); | ||||||
3 | (2) not more than 141 113 nor less than 134 106 days | ||||||
4 | prior to the consolidated election; or | ||||||
5 | (3) not more than 141 113 nor less than 134 106 days | ||||||
6 | prior to the general primary in the case of municipal | ||||||
7 | offices to be filled at the general primary election; or | ||||||
8 | (4) not more than 127 99 nor less than 120 92 days | ||||||
9 | before the consolidated primary in the case of municipal | ||||||
10 | offices to be elected on a nonpartisan basis pursuant to | ||||||
11 | law (including , without limitation, those municipal | ||||||
12 | offices subject to Articles 4 and 5 of the Municipal | ||||||
13 | Code); or | ||||||
14 | (5) not more than 141 113 nor less than 134 106 days | ||||||
15 | before the municipal primary in even numbered years for | ||||||
16 | such nonpartisan municipal offices where annual elections | ||||||
17 | are provided; or | ||||||
18 | (6) in the case of petitions for the office of | ||||||
19 | multi-township assessor, such petitions shall be filed | ||||||
20 | with the election authority not more than 113 nor less | ||||||
21 | than 134 106 days before the consolidated election. | ||||||
22 | However, where a political subdivision's boundaries are | ||||||
23 | co-extensive with or are entirely within the jurisdiction of a | ||||||
24 | municipal board of election commissioners, the certificates of | ||||||
25 | nomination and nomination papers for candidates for such | ||||||
26 | political subdivision offices shall be filed in the office of |
| |||||||
| |||||||
1 | such Board. | ||||||
2 | (Source: P.A. 102-15, eff. 6-17-21.)
| ||||||
3 | (10 ILCS 5/10-6.1) (from Ch. 46, par. 10-6.1) | ||||||
4 | Sec. 10-6.1. The board or clerk with whom a certificate of | ||||||
5 | nomination or nomination papers are filed shall notify the | ||||||
6 | person for whom such papers are filed of the obligation to file | ||||||
7 | statements of organization, reports of campaign contributions, | ||||||
8 | and quarterly annual reports of campaign contributions and | ||||||
9 | expenditures under Article 9 of this Act. Such notice shall be | ||||||
10 | given in the manner prescribed by paragraph (7) of Section | ||||||
11 | 9-16 of this Code. | ||||||
12 | (Source: P.A. 81-1189.)
| ||||||
13 | (10 ILCS 5/10-10.1) (from Ch. 46, par. 10-10.1) | ||||||
14 | Sec. 10-10.1. (a) Except as otherwise provided in this | ||||||
15 | Section, a candidate or objector aggrieved by the decision of | ||||||
16 | an electoral board may secure judicial review of such decision | ||||||
17 | in the circuit court of the county in which the hearing of the | ||||||
18 | electoral board was held. The party seeking judicial review | ||||||
19 | must file , within 5 days after service of the decision of the | ||||||
20 | electoral board as provided in Section 10-10, a petition with | ||||||
21 | the clerk of the court that names as respondents the electoral | ||||||
22 | board, its members, and the prevailing candidates or objectors | ||||||
23 | in the initial proceeding before the board. The party seeking | ||||||
24 | judicial review and must serve a copy of the petition upon each |
| |||||||
| |||||||
1 | of the respondents named in the petition for judicial review | ||||||
2 | the electoral board and other parties to the proceeding by | ||||||
3 | registered or certified mail within 5 days after service of | ||||||
4 | the decision of the electoral board as provided in Section | ||||||
5 | 10-10. The petition shall contain a brief statement of the | ||||||
6 | reasons why the decision of the board should be reversed. The | ||||||
7 | petitioner shall file proof of service with the clerk of the | ||||||
8 | court within 5 days after service of the decision of the | ||||||
9 | electoral board as provided in Section 10-10 . No answer to the | ||||||
10 | petition need be filed, but the electoral board shall cause | ||||||
11 | the record of proceedings before the electoral board to be | ||||||
12 | filed with the clerk of the court on or before the date of the | ||||||
13 | hearing on the petition or as ordered by the court. | ||||||
14 | The court shall set the matter for hearing to be held | ||||||
15 | within 30 days after the filing of the petition and shall make | ||||||
16 | its decision promptly after such hearing. | ||||||
17 | (b) An objector or proponent aggrieved by the decision of | ||||||
18 | an electoral board regarding a petition filed pursuant to | ||||||
19 | Section 18-120 of the Property Tax Code may secure a review of | ||||||
20 | such decision by the State Board of Elections. The party | ||||||
21 | seeking such review must file a petition therefor with the | ||||||
22 | State Board of Elections within 10 days after the decision of | ||||||
23 | the electoral board. Any such objector or proponent may apply | ||||||
24 | for and obtain judicial review of a decision of the State Board | ||||||
25 | of Elections entered under this amendatory Act of 1985, in | ||||||
26 | accordance with the provisions of the Administrative Review |
| |||||||
| |||||||
1 | Law, as amended. | ||||||
2 | (Source: P.A. 96-1008, eff. 7-6-10.)
| ||||||
3 | (10 ILCS 5/13-6.1) (from Ch. 46, par. 13-6.1) | ||||||
4 | Sec. 13-6.1. Each judge of election shall be identified as | ||||||
5 | such by a suitable badge or label authorized and issued by the | ||||||
6 | county clerk that: (1) clearly states it is authorized by the | ||||||
7 | county clerk; (2) identifies the individual as an election | ||||||
8 | judge; and (3) contains a unique identifier that consists of | ||||||
9 | the precinct number and assigns the judge of election a single | ||||||
10 | letter. In accordance with this Section, the badge shall | ||||||
11 | follow the form of "Precinct number, Judge letter" and bearing | ||||||
12 | the date of the election for which issued. On such badge, the | ||||||
13 | judge shall print his or her name and the ward, township or | ||||||
14 | road district and precinct number in which he or she is | ||||||
15 | serving . | ||||||
16 | (Source: P.A. 84-971.)
| ||||||
17 | (10 ILCS 5/14-5.1) (from Ch. 46, par. 14-5.1) | ||||||
18 | Sec. 14-5.1. Each judge of election shall be identified as | ||||||
19 | such by a suitable badge or label authorized and issued by the | ||||||
20 | board of election commissioners that: (1) clearly states it is | ||||||
21 | authorized by the board of election commissioners; (2) | ||||||
22 | identifies the individual as an election judge; and (3) | ||||||
23 | contains a unique identifier that consists of the precinct | ||||||
24 | number and assigns the judge of election a single letter. In |
| |||||||
| |||||||
1 | accordance with this Section, the badge shall follow the form | ||||||
2 | of "Precinct number, Judge letter" and bearing the date of the | ||||||
3 | election for which issued. On such badge, the judge shall | ||||||
4 | print his or her name and the ward or township and precinct | ||||||
5 | number in which he or she is serving . | ||||||
6 | (Source: P.A. 84-971.)
| ||||||
7 | (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2) | ||||||
8 | Sec. 19-12.2. Voting by physically incapacitated electors | ||||||
9 | who have made proper application to the election authority not | ||||||
10 | later than 5 days before the regular primary and general | ||||||
11 | election of 1980 and before each election thereafter shall be | ||||||
12 | conducted either through the vote by mail procedures as | ||||||
13 | detailed in this Article or on the premises of (i) federally | ||||||
14 | operated veterans' homes, hospitals, and facilities located in | ||||||
15 | Illinois or (ii) facilities licensed or certified pursuant to | ||||||
16 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
17 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
18 | the MC/DD Act for the sole benefit of residents of such homes, | ||||||
19 | hospitals, and facilities. For the purposes of this Section, | ||||||
20 | "federally operated veterans' home, hospital, or facility" | ||||||
21 | means the long-term care facilities at the Jesse Brown VA | ||||||
22 | Medical Center, Illiana Health Care System, Edward Hines, Jr. | ||||||
23 | VA Hospital, Marion VA Medical Center, and Captain James A. | ||||||
24 | Lovell Federal Health Care Center. Such voting shall be | ||||||
25 | conducted during any continuous period sufficient to allow all |
| |||||||
| |||||||
1 | applicants to cast their ballots between the hours of 9 a.m. | ||||||
2 | and 7 p.m. either on the Friday, Saturday, Sunday or Monday | ||||||
3 | immediately preceding the regular election. This vote by mail | ||||||
4 | voting on one of said days designated by the election | ||||||
5 | authority shall be supervised by two election judges who must | ||||||
6 | be selected by the election authority in the following order | ||||||
7 | of priority: (1) from the panel of judges appointed for the | ||||||
8 | precinct in which such home, hospital, or facility is located, | ||||||
9 | or from a panel of judges appointed for any other precinct | ||||||
10 | within the jurisdiction of the election authority in the same | ||||||
11 | ward or township, as the case may be, in which the home, | ||||||
12 | hospital, or facility is located or, only in the case where a | ||||||
13 | judge or judges from the precinct, township or ward are | ||||||
14 | unavailable to serve, (3) from a panel of judges appointed for | ||||||
15 | any other precinct within the jurisdiction of the election | ||||||
16 | authority. The two judges shall be from different political | ||||||
17 | parties. Not less than 30 days before each regular election, | ||||||
18 | the election authority shall have arranged with the chief | ||||||
19 | administrative officer of each home, hospital, or facility in | ||||||
20 | his or its election jurisdiction a mutually convenient time | ||||||
21 | period on the Friday, Saturday, Sunday or Monday immediately | ||||||
22 | preceding the election for such voting on the premises of the | ||||||
23 | home, hospital, or facility and shall post in a prominent | ||||||
24 | place in his or its office a notice of the agreed day and time | ||||||
25 | period for conducting such voting at each home, hospital, or | ||||||
26 | facility; provided that the election authority shall not later |
| |||||||
| |||||||
1 | than noon on the Thursday before the election also post the | ||||||
2 | names and addresses of those homes, hospitals, and facilities | ||||||
3 | from which no applications were received and in which no | ||||||
4 | supervised vote by mail voting will be conducted. All | ||||||
5 | provisions of this Code applicable to pollwatchers shall be | ||||||
6 | applicable herein. To the maximum extent feasible, voting | ||||||
7 | booths or screens shall be provided to insure the privacy of | ||||||
8 | the voter. Voting procedures shall be as described in Article | ||||||
9 | 17 of this Code, except that ballots shall be treated as vote | ||||||
10 | by mail ballots and shall not be counted until the close of the | ||||||
11 | polls on the following day. After the last voter has concluded | ||||||
12 | voting, the judges shall seal the ballots in an envelope and | ||||||
13 | affix their signatures across the flap of the envelope. | ||||||
14 | Immediately thereafter, the judges shall bring the sealed | ||||||
15 | envelope to the office of the election authority who shall | ||||||
16 | deliver such ballots to the election authority's central | ||||||
17 | ballot counting location prior to the closing of the polls on | ||||||
18 | the day of election. The judges of election shall also report | ||||||
19 | to the election authority the name of any applicant in the | ||||||
20 | home, hospital, or facility who, due to unforeseen | ||||||
21 | circumstance or condition or because of a religious holiday, | ||||||
22 | was unable to vote. In this event, the election authority may | ||||||
23 | appoint a qualified person from his or its staff to deliver the | ||||||
24 | ballot to such applicant on the day of election. This staff | ||||||
25 | person shall follow the same procedures prescribed for judges | ||||||
26 | conducting vote by mail voting in such homes, hospitals, or |
| |||||||
| |||||||
1 | facilities and shall return the ballot to the central ballot | ||||||
2 | counting location before the polls close. However, if the | ||||||
3 | home, hospital, or facility from which the application was | ||||||
4 | made is also used as a regular precinct polling place for that | ||||||
5 | voter, voting procedures heretofore prescribed may be | ||||||
6 | implemented by 2 of the election judges of opposite party | ||||||
7 | affiliation assigned to that polling place during the hours of | ||||||
8 | voting on the day of the election. Judges of election shall be | ||||||
9 | compensated not less than $25.00 for conducting vote by mail | ||||||
10 | voting in such homes, hospitals, or facilities. | ||||||
11 | Not less than 120 days before each regular election, the | ||||||
12 | Department of Public Health shall certify to the State Board | ||||||
13 | of Elections a list of the facilities licensed or certified | ||||||
14 | pursuant to the Nursing Home Care Act, the Specialized Mental | ||||||
15 | Health Rehabilitation Act of 2013, the ID/DD Community Care | ||||||
16 | Act, or the MC/DD Act. The lists shall indicate the approved | ||||||
17 | bed capacity and the name of the chief administrative officer | ||||||
18 | of each such home, hospital, or facility, and the State Board | ||||||
19 | of Elections shall certify the same to the appropriate | ||||||
20 | election authority within 20 days thereafter. | ||||||
21 | (Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15; | ||||||
22 | 99-180, eff. 7-29-15.)
| ||||||
23 | (10 ILCS 5/19A-21) | ||||||
24 | Sec. 19A-21. Use of local public buildings for early | ||||||
25 | voting polling places. Upon request by an election authority, |
| |||||||
| |||||||
1 | a unit of local government (as defined in Section 1 of Article | ||||||
2 | VII of the Illinois Constitution, which does not include | ||||||
3 | school districts) shall make the unit's public buildings | ||||||
4 | within the election authority's jurisdiction available as | ||||||
5 | permanent or temporary early voting polling places without | ||||||
6 | charge. Availability of a building shall include reasonably | ||||||
7 | necessary time before and after the period early voting is | ||||||
8 | conducted at that building. However, if upon receiving the | ||||||
9 | election authority's request, a park district organized under | ||||||
10 | the Park District Code demonstrates to the election authority | ||||||
11 | that the use of a specific room as an early voting polling | ||||||
12 | place would interfere with scheduled programming, the election | ||||||
13 | authority and the park district shall work cooperatively to | ||||||
14 | find an alternative room at the same location to serve as an | ||||||
15 | early voting polling place. If the park district and the | ||||||
16 | election authority are unable to identify a mutually agreeable | ||||||
17 | alternative location at the park district, the park district | ||||||
18 | and election authority shall prepare documentation explaining | ||||||
19 | the difficulties for their respective entities to the Board of | ||||||
20 | County Commissioners who shall determine which room shall be | ||||||
21 | used as an early voting polling place as soon as practicable to | ||||||
22 | avoid delays in determining an early voting polling place. | ||||||
23 | A unit of local government making its public building | ||||||
24 | available as a permanent or temporary early voting polling | ||||||
25 | place shall ensure that any portion of the building made | ||||||
26 | available is accessible to voters with disabilities and |
| |||||||
| |||||||
1 | elderly voters. | ||||||
2 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
3 | (10 ILCS 5/25-3) (from Ch. 46, par. 25-3) | ||||||
4 | Sec. 25-3. (a) Whenever it is alleged that a vacancy in any | ||||||
5 | office exists, the officer, body, or county board who has | ||||||
6 | authority to fill the vacancy by appointment, or to order an | ||||||
7 | election to fill such vacancy, shall have power to determine | ||||||
8 | whether or not the facts occasioning such vacancy exist. | ||||||
9 | (b) On or before the 141st 100th day previous to the day of | ||||||
10 | election for which judicial candidates are to be nominated: | ||||||
11 | (1) The Chief Justice of the Supreme Court shall | ||||||
12 | certify to the State Board of Elections the names of all | ||||||
13 | judges who have died, resigned, retired or forfeited their | ||||||
14 | office since the last general election and whose vacancies | ||||||
15 | will be filled at the next general election. | ||||||
16 | (2) The secretary of the Illinois Courts Commission | ||||||
17 | shall certify to the State Board of Elections the names of | ||||||
18 | judges who have been removed from office and whose | ||||||
19 | vacancies will be filled at the next general election. | ||||||
20 | (3) The Secretary of State shall certify to the State | ||||||
21 | Board of Elections the names of judges who were eligible | ||||||
22 | to stand for retention at the next general election, but | ||||||
23 | failed to file a declaration of candidacy to succeed | ||||||
24 | themselves in office or, having timely filed such a | ||||||
25 | declaration, withdrew it. |
| |||||||
| |||||||
1 | (4) The State Board of Elections shall determine | ||||||
2 | whether the General Assembly has created new judgeships | ||||||
3 | which are to be filled at the next general election. | ||||||
4 | If one of the events described in subsection (a) of | ||||||
5 | Section 2A-9 of this Code occurs between the 141st 100th day | ||||||
6 | and the 134th 92nd day previous to the day of election for | ||||||
7 | which judicial candidates are to be nominated, the appropriate | ||||||
8 | aforementioned officer shall promptly certify the vacancy to | ||||||
9 | the State Board of Elections. | ||||||
10 | (c) Except with regard to new judgeships which have been | ||||||
11 | created by the General Assembly, the State Board of Elections | ||||||
12 | may rely upon the certifications from the Supreme Court, the | ||||||
13 | Illinois Courts Commission and the Secretary of State to | ||||||
14 | determine (1) when vacancies in judicial office exist and (2) | ||||||
15 | the judicial positions for which elections are to be held. | ||||||
16 | (Source: P.A. 86-1348 .)
| ||||||
17 | (10 ILCS 5/28-8) (from Ch. 46, par. 28-8) | ||||||
18 | Sec. 28-8. If a referendum held in accordance with Section | ||||||
19 | 28-7 of this Act involved the question of whether a unit of | ||||||
20 | local government shall become a home rule unit or shall | ||||||
21 | continue cease to be a home rule unit and if that referendum | ||||||
22 | passed, then the clerk of that unit of local government shall, | ||||||
23 | within 45 days after the referendum, file with the Secretary | ||||||
24 | of State a certified statement showing the results of the | ||||||
25 | referendum and the resulting status of the unit of local |
| |||||||
| |||||||
1 | government as a home rule unit or a non-home rule unit. The | ||||||
2 | Secretary of State shall maintain such certified statements in | ||||||
3 | his office as a public record. | ||||||
4 | The question of whether a unit of local government shall | ||||||
5 | become a home rule unit shall be submitted in substantially | ||||||
6 | the following form: | ||||||
7 | Shall (name of the unit of local government) become a home | ||||||
8 | rule unit? | ||||||
9 | Votes must be recorded as "yes" or "no". | ||||||
10 | The question of whether a unit of local government shall | ||||||
11 | continue cease to be a home rule unit shall be submitted in | ||||||
12 | substantially the following form: | ||||||
13 | Shall (name of the unit of local government) continue | ||||||
14 | cease to be a home rule unit? | ||||||
15 | Votes must be recorded as "yes" or "no". | ||||||
16 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
17 | (10 ILCS 5/29B-10) (from Ch. 46, par. 29B-10; formerly Ch. | ||||||
18 | 46, par. 1103) | ||||||
19 | Sec. 29B-10. Code of Fair Campaign Practices. At the time | ||||||
20 | a political committee, as defined in Article 9, files its | ||||||
21 | statements of organization, the State Board of Elections , in | ||||||
22 | the case of a state political committee or a political | ||||||
23 | committee acting as both a state political committee and a | ||||||
24 | local political committee, or the county clerk, in the case of | ||||||
25 | a local political committee, shall give the political |
| |||||||
| |||||||
1 | committee a blank form of the Code of Fair Campaign Practices | ||||||
2 | and a copy of the provisions of this Article. The State Board | ||||||
3 | of Elections or county clerk shall inform each political | ||||||
4 | committee that subscription to the Code is voluntary. The text | ||||||
5 | of the Code shall read as follows: | ||||||
6 | CODE OF FAIR CAMPAIGN PRACTICES | ||||||
7 | There are basic principles of decency, honesty, and fair | ||||||
8 | play that every candidate for public office in the State of | ||||||
9 | Illinois has a moral obligation to observe and uphold, in | ||||||
10 | order that, after vigorously contested but fairly conducted | ||||||
11 | campaigns, our citizens may exercise their constitutional | ||||||
12 | right to a free and untrammeled choice and the will of the | ||||||
13 | people may be fully and clearly expressed on the issues. | ||||||
14 | THEREFORE: | ||||||
15 | (1) I will conduct my campaign openly and publicly, and | ||||||
16 | limit attacks on my opponent to legitimate challenges to his | ||||||
17 | record. | ||||||
18 | (2) I will not use or permit the use of character | ||||||
19 | defamation, whispering campaigns, libel, slander, or | ||||||
20 | scurrilous attacks on any candidate or his personal or family | ||||||
21 | life. | ||||||
22 | (3) I will not use or permit any appeal to negative | ||||||
23 | prejudice based on race, sex, sexual orientation, religion or | ||||||
24 | national origin. | ||||||
25 | (4) I will not use campaign material of any sort that | ||||||
26 | misrepresents, distorts, or otherwise falsifies the facts, nor |
| |||||||
| |||||||
1 | will I use malicious or unfounded accusations that aim at | ||||||
2 | creating or exploiting doubts, without justification, as to | ||||||
3 | the personal integrity or patriotism of my opposition. | ||||||
4 | (5) I will not undertake or condone any dishonest or | ||||||
5 | unethical practice that tends to corrupt or undermine our | ||||||
6 | American system of free elections or that hampers or prevents | ||||||
7 | the full and free expression of the will of the voters. | ||||||
8 | (6) I will defend and uphold the right of every qualified | ||||||
9 | American voter to full and equal participation in the | ||||||
10 | electoral process. | ||||||
11 | (7) I will immediately and publicly repudiate methods and | ||||||
12 | tactics that may come from others that I have pledged not to | ||||||
13 | use or condone. I shall take firm action against any | ||||||
14 | subordinate who violates any provision of this Code or the | ||||||
15 | laws governing elections. | ||||||
16 | I, the undersigned, candidate for election to public | ||||||
17 | office in the State of Illinois or chair of a political | ||||||
18 | committee in support of or opposition to a question of public | ||||||
19 | policy, hereby voluntarily endorse, subscribe to, and solemnly | ||||||
20 | pledge myself to conduct my campaign in accordance with the | ||||||
21 | above principles and practices.
| ||||||
22 | .............. ...............................
| ||||||
23 | Date Signature | ||||||
24 | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
| |||||||
| |||||||
1 | (10 ILCS 5/29B-15) (from Ch. 46, par. 29B-15; formerly Ch. | ||||||
2 | 46, par. 1104) | ||||||
3 | Sec. 29B-15. Responsibility of State Board of Elections | ||||||
4 | for printing and supplying of forms. The State Board of | ||||||
5 | Elections shall print, or cause to be printed, copies of the | ||||||
6 | Code of Fair Campaign Practices. The State Board of Elections | ||||||
7 | shall supply the forms to the county clerks in quantities and | ||||||
8 | at times requested by the clerks. | ||||||
9 | (Source: P.A. 86-873; 87-1052.)
| ||||||
10 | (10 ILCS 5/29B-20) (from Ch. 46, par. 29B-20; formerly Ch. | ||||||
11 | 46, par. 1105) | ||||||
12 | Sec. 29B-20. Acceptance of completed forms; retentions for | ||||||
13 | public inspection. The State Board of Elections and the county | ||||||
14 | clerks shall accept, at all times prior to an election, all | ||||||
15 | completed copies of the Code of Fair Campaign Practices that | ||||||
16 | are properly subscribed to by a candidate or the chair of a | ||||||
17 | political committee in support of or opposition to a question | ||||||
18 | of public policy, and shall retain them for public inspection | ||||||
19 | until 30 days after the election. | ||||||
20 | (Source: P.A. 100-1027, eff. 1-1-19 .)
| ||||||
21 | (10 ILCS 5/9-45 rep.) | ||||||
22 | Section 10-10. The Election Code is amended by repealing | ||||||
23 | Section 9-45.
|
| |||||||
| |||||||
1 | Section 10-15. The Illinois Procurement Code is amended by | ||||||
2 | changing Section 50-37 as follows:
| ||||||
3 | (30 ILCS 500/50-37) | ||||||
4 | Sec. 50-37. Prohibition of political contributions. | ||||||
5 | (a) As used in this Section: | ||||||
6 | The terms "contract", "State contract", and "contract | ||||||
7 | with a State agency" each mean any contract, as defined in | ||||||
8 | this Code, between a business entity and a State agency | ||||||
9 | let or awarded pursuant to this Code. The terms | ||||||
10 | "contract", "State contract", and "contract with a State | ||||||
11 | agency" do not include cost reimbursement contracts; | ||||||
12 | purchase of care agreements as defined in Section 1-15.68 | ||||||
13 | of this Code; contracts for projects eligible for full or | ||||||
14 | partial federal-aid funding reimbursements authorized by | ||||||
15 | the Federal Highway Administration; grants, including but | ||||||
16 | are not limited to grants for job training or | ||||||
17 | transportation; and grants, loans, or tax credit | ||||||
18 | agreements for economic development purposes. | ||||||
19 | "Contribution" means a contribution as defined in | ||||||
20 | Section 9-1.4 of the Election Code. | ||||||
21 | "Declared candidate" means a person who has filed a | ||||||
22 | statement of candidacy and petition for nomination or | ||||||
23 | election in the principal office of the State Board of | ||||||
24 | Elections. | ||||||
25 | "State agency" means and includes all boards, |
| |||||||
| |||||||
1 | commissions, agencies, institutions, authorities, and | ||||||
2 | bodies politic and corporate of the State, created by or | ||||||
3 | in accordance with the Illinois Constitution or State | ||||||
4 | statute, of the executive branch of State government and | ||||||
5 | does include colleges, universities, public employee | ||||||
6 | retirement systems, and institutions under the | ||||||
7 | jurisdiction of the governing boards of the University of | ||||||
8 | Illinois, Southern Illinois University, Illinois State | ||||||
9 | University, Eastern Illinois University, Northern Illinois | ||||||
10 | University, Western Illinois University, Chicago State | ||||||
11 | University, Governors State University, Northeastern | ||||||
12 | Illinois University, and the Illinois Board of Higher | ||||||
13 | Education. | ||||||
14 | "Officeholder" means the Governor, Lieutenant | ||||||
15 | Governor, Attorney General, Secretary of State, | ||||||
16 | Comptroller, or Treasurer. The Governor shall be | ||||||
17 | considered the officeholder responsible for awarding all | ||||||
18 | contracts by all officers and employees of, and potential | ||||||
19 | contractors and others doing business with, executive | ||||||
20 | branch State agencies under the jurisdiction of the | ||||||
21 | Executive Ethics Commission and not within the | ||||||
22 | jurisdiction of the Attorney General, the Secretary of | ||||||
23 | State, the Comptroller, or the Treasurer. | ||||||
24 | "Sponsoring entity" means a sponsoring entity as | ||||||
25 | defined in Section 9-3 of the Election Code. | ||||||
26 | "Affiliated person" means (i) any person with any |
| |||||||
| |||||||
1 | ownership interest or distributive share of the bidding or | ||||||
2 | contracting business entity in excess of 7.5%, (ii) | ||||||
3 | executive employees of the bidding or contracting business | ||||||
4 | entity, and (iii) the spouse of any such persons. | ||||||
5 | "Affiliated person" does not include a person prohibited | ||||||
6 | by federal law from making contributions or expenditures | ||||||
7 | in connection with a federal, state, or local election. | ||||||
8 | "Affiliated entity" means (i) any corporate parent and | ||||||
9 | each operating subsidiary of the bidding or contracting | ||||||
10 | business entity, (ii) each operating subsidiary of the | ||||||
11 | corporate parent of the bidding or contracting business | ||||||
12 | entity, (iii) any organization recognized by the United | ||||||
13 | States Internal Revenue Service as a tax-exempt | ||||||
14 | organization described in Section 501(c) of the Internal | ||||||
15 | Revenue Code of 1986 (or any successor provision of | ||||||
16 | federal tax law) established by the bidding or contracting | ||||||
17 | business entity, any affiliated entity of that business | ||||||
18 | entity, or any affiliated person of that business entity , | ||||||
19 | or (iv) any political committee for which the bidding or | ||||||
20 | contracting business entity, or any 501(c) organization | ||||||
21 | described in item (iii) related to that business entity, | ||||||
22 | is the sponsoring entity . "Affiliated entity" does not | ||||||
23 | include an entity prohibited by federal law from making | ||||||
24 | contributions or expenditures in connection with a | ||||||
25 | federal, state, or local election. | ||||||
26 | "Business entity" means any entity doing business for |
| |||||||
| |||||||
1 | profit, whether organized as a corporation, partnership, | ||||||
2 | sole proprietorship, limited liability company or | ||||||
3 | partnership, or otherwise. | ||||||
4 | "Executive employee" means (i) the President, | ||||||
5 | Chairman, or Chief Executive Officer of a business entity | ||||||
6 | and any other individual that fulfills equivalent duties | ||||||
7 | as the President, Chairman of the Board, or Chief | ||||||
8 | Executive Officer of a business entity; and (ii) any | ||||||
9 | employee of a business entity whose compensation is | ||||||
10 | determined directly, in whole or in part, by the award or | ||||||
11 | payment of contracts by a State agency to the entity | ||||||
12 | employing the employee. A regular salary that is paid | ||||||
13 | irrespective of the award or payment of a contract with a | ||||||
14 | State agency shall not constitute "compensation" under | ||||||
15 | item (ii) of this definition. "Executive employee" does | ||||||
16 | not include any person prohibited by federal law from | ||||||
17 | making contributions or expenditures in connection with a | ||||||
18 | federal, state, or local election. | ||||||
19 | (b) Any business entity whose contracts with State | ||||||
20 | agencies, in the aggregate, total more than $50,000, and any | ||||||
21 | affiliated entities or affiliated persons of such business | ||||||
22 | entity, are prohibited from making any contributions to any | ||||||
23 | political committees established to promote the candidacy of | ||||||
24 | (i) the officeholder responsible for awarding the contracts or | ||||||
25 | (ii) any other declared candidate for that office. This | ||||||
26 | prohibition shall be effective for the duration of the term of |
| |||||||
| |||||||
1 | office of the incumbent officeholder awarding the contracts or | ||||||
2 | for a period of 2 years following the expiration or | ||||||
3 | termination of the contracts, whichever is longer. | ||||||
4 | (c) Any business entity whose aggregate pending bids and | ||||||
5 | offers on State contracts total more than $50,000, or whose | ||||||
6 | aggregate pending bids and offers on State contracts combined | ||||||
7 | with the business entity's aggregate total value of State | ||||||
8 | contracts exceed $50,000, and any affiliated entities or | ||||||
9 | affiliated persons of such business entity, are prohibited | ||||||
10 | from making any contributions to any political committee | ||||||
11 | established to promote the candidacy of the officeholder | ||||||
12 | responsible for awarding the contract on which the business | ||||||
13 | entity has submitted a bid or offer during the period | ||||||
14 | beginning on the date the invitation for bids, request for | ||||||
15 | proposals, or any other procurement opportunity is issued and | ||||||
16 | ending on the day after the date the contract is awarded. | ||||||
17 | (c-5) For the purposes of the prohibitions under | ||||||
18 | subsections (b) and (c) of this Section, (i) any contribution | ||||||
19 | made to a political committee established to promote the | ||||||
20 | candidacy of the Governor or a declared candidate for the | ||||||
21 | office of Governor shall also be considered as having been | ||||||
22 | made to a political committee established to promote the | ||||||
23 | candidacy of the Lieutenant Governor, in the case of the | ||||||
24 | Governor, or the declared candidate for Lieutenant Governor | ||||||
25 | having filed a joint petition, or write-in declaration of | ||||||
26 | intent, with the declared candidate for Governor, as |
| |||||||
| |||||||
1 | applicable, and (ii) any contribution made to a political | ||||||
2 | committee established to promote the candidacy of the | ||||||
3 | Lieutenant Governor or a declared candidate for the office of | ||||||
4 | Lieutenant Governor shall also be considered as having been | ||||||
5 | made to a political committee established to promote the | ||||||
6 | candidacy of the Governor, in the case of the Lieutenant | ||||||
7 | Governor, or the declared candidate for Governor having filed | ||||||
8 | a joint petition, or write-in declaration of intent, with the | ||||||
9 | declared candidate for Lieutenant Governor, as applicable. | ||||||
10 | (d) All contracts between State agencies and a business | ||||||
11 | entity that violate subsection (b) or (c) shall be voidable | ||||||
12 | under Section 50-60. If a business entity violates subsection | ||||||
13 | (b) 3 or more times within a 36-month period, then all | ||||||
14 | contracts between State agencies and that business entity | ||||||
15 | shall be void, and that business entity shall not bid or | ||||||
16 | respond to any invitation to bid or request for proposals from | ||||||
17 | any State agency or otherwise enter into any contract with any | ||||||
18 | State agency for 3 years from the date of the last violation. A | ||||||
19 | notice of each violation and the penalty imposed shall be | ||||||
20 | published in both the Procurement Bulletin and the Illinois | ||||||
21 | Register. | ||||||
22 | (e) Any political committee that has received a | ||||||
23 | contribution in violation of subsection (b) or (c) shall pay | ||||||
24 | an amount equal to the value of the contribution to the State | ||||||
25 | no more than 30 calendar days after notice of the violation | ||||||
26 | concerning the contribution appears in the Illinois Register. |
| |||||||
| |||||||
1 | Payments received by the State pursuant to this subsection | ||||||
2 | shall be deposited into the general revenue fund. | ||||||
3 | (Source: P.A. 103-570, eff. 1-1-24.)
| ||||||
4 | Section 10-20. The Township Code is amended by changing | ||||||
5 | Sections 45-55 and 70-45 as follows:
| ||||||
6 | (60 ILCS 1/45-55) | ||||||
7 | Sec. 45-55. Nomination by primary election. In (i) | ||||||
8 | counties having a population of more than 3,000,000, the | ||||||
9 | township central committee of a political party composed of | ||||||
10 | the elected township committeeman and his or her appointed | ||||||
11 | precinct committeemen and (ii) townships with a population of | ||||||
12 | more than 15,000 in counties with a population of 3,000,000 or | ||||||
13 | less, the township central committee of a political party | ||||||
14 | composed of the precinct committeemen may, with respect to any | ||||||
15 | regular township election, determine that its candidates for | ||||||
16 | township offices shall be nominated by primary in accordance | ||||||
17 | with the general election law, rather than in the manner | ||||||
18 | provided in Sections 45-5 through 45-45. If the township | ||||||
19 | central committee makes that determination, it must file a | ||||||
20 | statement of the determination with the county clerk no later | ||||||
21 | than August 15 November 15 preceding the township election. If | ||||||
22 | the township or any part of the township is within the | ||||||
23 | jurisdiction of a board of election commissioners, the | ||||||
24 | township central committee shall promptly notify the board of |
| |||||||
| |||||||
1 | election commissioners of the determination. Upon the filing | ||||||
2 | of the determination by the township central committee of a | ||||||
3 | political party, the provisions of the general election law | ||||||
4 | shall govern the nomination of candidates of that political | ||||||
5 | party for township offices for the election with respect to | ||||||
6 | which the determination was made. | ||||||
7 | (Source: P.A. 82-783; 88-62.)
| ||||||
8 | (60 ILCS 1/70-45) | ||||||
9 | Sec. 70-45. Supervisors in Cook County. The supervisors of | ||||||
10 | townships in Cook County shall perform the same duties as | ||||||
11 | supervisors of townships in other counties under township | ||||||
12 | organization, except that they shall not be members of the | ||||||
13 | county board or exercise any of the powers of county board | ||||||
14 | members. They shall have the same compensation for their | ||||||
15 | services prescribed by law for similar services rendered by | ||||||
16 | other township supervisors. | ||||||
17 | Township supervisors may serve as members of the Cook | ||||||
18 | County Townships Public Aid Committee. The supervisors shall | ||||||
19 | not receive additional compensation for duties associated with | ||||||
20 | the Cook County Townships Public Aid Committee but shall be | ||||||
21 | reimbursed for actual and necessary expenses related to | ||||||
22 | service on the Committee. | ||||||
23 | The compensation for a supervisor of a township in Cook | ||||||
24 | County may not be increased during the term of office for which | ||||||
25 | the supervisor is elected or appointed. An ordinance |
| |||||||
| |||||||
1 | establishing compensation, including an increase or decrease | ||||||
2 | in a supervisor's compensation, shall apply uniformly to the | ||||||
3 | supervisors whose terms start after enactment of the | ||||||
4 | compensation ordinance. A township is prohibited from | ||||||
5 | decreasing the salary for a person elected as supervisor of a | ||||||
6 | township while maintaining the salary of an incumbent. An | ||||||
7 | ordinance that violates this paragraph is null and void. | ||||||
8 | (Source: P.A. 90-210, eff. 7-25-97.)
| ||||||
9 | Section 10-25. The Downstate Forest Preserve District Act | ||||||
10 | is amended by changing Sections 3c and 3c-1 and by adding | ||||||
11 | Section 3c-2 as follows:
| ||||||
12 | (70 ILCS 805/3c) | ||||||
13 | Sec. 3c. Elected board of commissioners in certain | ||||||
14 | counties. If the boundaries of a district are co-extensive | ||||||
15 | with the boundaries of a county having a population of more | ||||||
16 | than 800,000 but less than 3,000,000, all commissioners of the | ||||||
17 | forest preserve district shall be elected from the number of | ||||||
18 | districts as determined by the forest preserve district board | ||||||
19 | of commissioners. Such a forest preserve district is a | ||||||
20 | separate and distinct legal entity, and its board members are | ||||||
21 | elected separate and apart from the elected county | ||||||
22 | commissioners. Upon its formation, or as a result of decennial | ||||||
23 | reapportionment, such a forest preserve district shall adopt a | ||||||
24 | district map determining the boundary lines of each district. |
| |||||||
| |||||||
1 | That map shall be adjusted and reapportioned subject to the | ||||||
2 | same decennial reapportionment process stated in Section 3c-1. | ||||||
3 | No more than one commissioner shall be elected from each | ||||||
4 | district. At their first meeting after election in 2022 and at | ||||||
5 | their first meeting after election next following each | ||||||
6 | subsequent decennial reapportionment of the county under | ||||||
7 | Section 3c-1, the elected commissioners shall publicly, by | ||||||
8 | lot, divide themselves into 2 groups, as equal in size as | ||||||
9 | possible. Commissioners from the first group shall serve for | ||||||
10 | terms of 2, 4, and 4 years, and commissioners from the second | ||||||
11 | group shall serve terms of 4, 4, and 2 years. The president of | ||||||
12 | the board of commissioners of the forest preserve district | ||||||
13 | shall be elected by the voters of the county, rather than by | ||||||
14 | the commissioners. The president shall be a resident of the | ||||||
15 | county and shall be elected throughout the county for a 4-year | ||||||
16 | term without having been first elected as commissioner of the | ||||||
17 | forest preserve district. Each commissioner shall be a | ||||||
18 | resident of the forest preserve board district from which he | ||||||
19 | or she was elected not later than the date of the commencement | ||||||
20 | of the term of office. The term of office for the president and | ||||||
21 | commissioners elected under this Section shall commence on the | ||||||
22 | first Monday of the month following the month of election. | ||||||
23 | Neither a commissioner nor the president of the board of | ||||||
24 | commissioners of that forest preserve district shall serve | ||||||
25 | simultaneously as member or chairman of the county board. No | ||||||
26 | person shall seek election to both the forest preserve |
| |||||||
| |||||||
1 | commission and the county board at the same election, nor | ||||||
2 | shall they be eligible to hold both offices at the same time. | ||||||
3 | The president, with the advice and consent of the board of | ||||||
4 | commissioners shall appoint a secretary, treasurer, and such | ||||||
5 | other officers as deemed necessary by the board of | ||||||
6 | commissioners, which officers need not be members of the board | ||||||
7 | of commissioners. The president shall have the powers and | ||||||
8 | duties as specified in Section 12 of this Act. | ||||||
9 | Candidates for president and commissioner shall be | ||||||
10 | candidates of established political parties. | ||||||
11 | If a vacancy in the office of president or commissioner | ||||||
12 | occurs, other than by expiration of the president's or | ||||||
13 | commissioner's term, the forest preserve district board of | ||||||
14 | commissioners shall declare that a vacancy exists and | ||||||
15 | notification of the vacancy shall be given to the county | ||||||
16 | central committee of each established political party within 3 | ||||||
17 | business days after the occurrence of the vacancy. If the | ||||||
18 | vacancy occurs in the office of forest preserve district | ||||||
19 | commissioner, the president of the board of commissioners | ||||||
20 | shall, within 60 days after the date of the vacancy, with the | ||||||
21 | advice and consent of other commissioners then serving, | ||||||
22 | appoint a person to serve for the remainder of the unexpired | ||||||
23 | term. The appointee shall be affiliated with the same | ||||||
24 | political party as the commissioner in whose office the | ||||||
25 | vacancy occurred and be a resident of such district. If a | ||||||
26 | vacancy in the office of president occurs, other than by |
| |||||||
| |||||||
1 | expiration of the president's term, the remaining members of | ||||||
2 | the board of commissioners shall, within 60 days after the | ||||||
3 | vacancy, appoint one of the commissioners to serve as | ||||||
4 | president for the remainder of the unexpired term. In that | ||||||
5 | case, the office of the commissioner who is appointed to serve | ||||||
6 | as president shall be deemed vacant and shall be filled within | ||||||
7 | 60 days by appointment of the president with the advice and | ||||||
8 | consent of the other forest preserve district commissioners. | ||||||
9 | The commissioner who is appointed to fill a vacancy in the | ||||||
10 | office of president shall be affiliated with the same | ||||||
11 | political party as the person who occupied the office of | ||||||
12 | president prior to the vacancy. A person appointed to fill a | ||||||
13 | vacancy in the office of president or commissioner shall | ||||||
14 | establish his or her party affiliation by his or her record of | ||||||
15 | voting in primary elections or by holding or having held an | ||||||
16 | office in an established political party organization before | ||||||
17 | the appointment. If the appointee has not voted in a party | ||||||
18 | primary election or is not holding or has not held an office in | ||||||
19 | an established political party organization before the | ||||||
20 | appointment, the appointee shall establish his or her | ||||||
21 | political party affiliation by his or her record of | ||||||
22 | participating in an established political party's nomination | ||||||
23 | or election caucus. If, however, more than 28 months remain in | ||||||
24 | the unexpired term of a commissioner or the president, the | ||||||
25 | appointment shall be until the next general election, at which | ||||||
26 | time the vacated office of commissioner or president shall be |
| |||||||
| |||||||
1 | filled by election for the remainder of the term. | ||||||
2 | Notwithstanding any law to the contrary, if a vacancy occurs | ||||||
3 | after the last day provided in Section 7-12 of the Election | ||||||
4 | Code for filing nomination papers for the office of president | ||||||
5 | of a forest preserve district where that office is elected as | ||||||
6 | provided for in this Section, or as set forth in Section 7-61 | ||||||
7 | of the Election Code, a vacancy in nomination shall be filled | ||||||
8 | by the passage of a resolution by the nominating committee of | ||||||
9 | the affected political party within the time periods specified | ||||||
10 | in the Election Code. The nominating committee shall consist | ||||||
11 | of the chairman of the county central committee and the | ||||||
12 | township chairmen of the affected political party. All other | ||||||
13 | vacancies in nomination shall be filled in accordance with the | ||||||
14 | provisions of the Election Code. | ||||||
15 | The president and commissioners elected under this Section | ||||||
16 | may be reimbursed for their reasonable expenses actually | ||||||
17 | incurred in performing their official duties under this Act in | ||||||
18 | accordance with the provisions of Section 3a. The | ||||||
19 | reimbursement paid under this Section shall be paid by the | ||||||
20 | forest preserve district. | ||||||
21 | Compensation for the president and the forest preserve | ||||||
22 | commissioners elected under this Section shall be established | ||||||
23 | by the board of commissioners of the forest preserve district. | ||||||
24 | This Section does not apply to a forest preserve district | ||||||
25 | created under Section 18.5 of the Conservation District Act. | ||||||
26 | (Source: P.A. 102-668, eff. 11-15-21.)
|
| |||||||
| |||||||
1 | (70 ILCS 805/3c-1) | ||||||
2 | Sec. 3c-1. Reapportionment plan for forest preserve | ||||||
3 | districts under Section 3c. | ||||||
4 | (a) Beginning in 2021, the The Downstate Forest Preserve | ||||||
5 | District board of commissioners shall develop an apportionment | ||||||
6 | plan and specify the number of districts. Each district shall | ||||||
7 | have one commissioner. Each such district: | ||||||
8 | (1) shall be substantially equal in population to each | ||||||
9 | other district; and | ||||||
10 | (2) shall be comprised of contiguous territory, as | ||||||
11 | nearly compact as practicable; and | ||||||
12 | (3) shall be created in such a manner so that no | ||||||
13 | precinct shall be divided between 2 or more districts, | ||||||
14 | insofar as is practicable. | ||||||
15 | (b) The president of the board of commissioners of a | ||||||
16 | Downstate Forest Preserve District may develop a reappointment | ||||||
17 | plan and that plan, as presented or as amended, shall be | ||||||
18 | presented to the board by the third Wednesday in May in the | ||||||
19 | year after a federal decennial census year for approval in | ||||||
20 | accordance with the provisions of subsection (a) of this | ||||||
21 | Section. If the president presents a plan to the board by the | ||||||
22 | third Wednesday in May, the board shall conduct at least one | ||||||
23 | public hearing to receive comments and to discuss the | ||||||
24 | apportionment plan. That hearing shall be held at least 6 days | ||||||
25 | but not more than 21 days before the board may consider |
| |||||||
| |||||||
1 | adopting the plan, and the public shall be given notice by | ||||||
2 | publication in a newspaper of general circulation in the | ||||||
3 | district of the hearing at least 6 days in advance of the | ||||||
4 | hearing. The president of the board of commissioners shall | ||||||
5 | have access to the federal decennial census available to the | ||||||
6 | board. | ||||||
7 | (c) For the reapportionment in calendar year 2021, the | ||||||
8 | president of the board of commissioners may develop and | ||||||
9 | present (or redevelop and represent) to the board by the third | ||||||
10 | Wednesday in November of 2021 an apportionment plan. If a plan | ||||||
11 | is presented, the board shall conduct at least one hearing on | ||||||
12 | the proposed plan before it may be adopted. That hearing shall | ||||||
13 | be held at least 6 days but not more than 21 days before the | ||||||
14 | board may consider adopting the plan, and the public shall be | ||||||
15 | given notice by publication in a newspaper of general | ||||||
16 | circulation in the district of the hearing at least 6 days in | ||||||
17 | advance of the hearing. | ||||||
18 | (d) After each decennial census, the Downstate Forest | ||||||
19 | Preserve District board is not obligated to reapportion the | ||||||
20 | districts if existing districts are within a 10% population | ||||||
21 | deviation from each other based on the results of the | ||||||
22 | decennial census. | ||||||
23 | (e) As used in this Section, "Downstate Forest Preserve | ||||||
24 | District" means a district described in Section 3c. | ||||||
25 | (Source: P.A. 102-668, eff. 11-15-21.)
|
| |||||||
| |||||||
1 | (70 ILCS 805/3c-2 new) | ||||||
2 | Sec. 3c-2. Continuous effect of provisions; validation. | ||||||
3 | The General Assembly declares that the changes made to | ||||||
4 | Sections 3c and 3c-1 by this amendatory Act of the 103rd | ||||||
5 | General Assembly shall be deemed to have been in continuous | ||||||
6 | effect since November 15, 2021 (the effective date of Public | ||||||
7 | Act 102-688) and shall continue to be in effect until they are | ||||||
8 | lawfully repealed. All actions that were taken on or after | ||||||
9 | 2021 and before the effective date of this amendatory Act of | ||||||
10 | the 103rd General Assembly by a downstate forest preserve | ||||||
11 | district or any other person and that are consistent with or in | ||||||
12 | reliance on the changes made to Sections 3c and 3c-1 by this | ||||||
13 | amendatory Act of the 103rd General Assembly are hereby | ||||||
14 | validated.
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15 | Section 10-27. The Fox Waterway Agency Act is amended by | ||||||
16 | changing Section 5 as follows:
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17 | (615 ILCS 90/5) (from Ch. 19, par. 1205) | ||||||
18 | Sec. 5. The Agency shall be governed by a Board of | ||||||
19 | Directors, which shall consist of 6 directors and one chairman | ||||||
20 | elected pursuant to this Section. | ||||||
21 | Three directors shall be elected from within the territory | ||||||
22 | of each member county. Any resident of a member county and the | ||||||
23 | territory of the Agency, at least 18 years of age, may become a | ||||||
24 | candidate for election as a director by filing a nominating |
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1 | petition with the State Board of Elections containing the | ||||||
2 | verified signatures of at least 200 of the registered voters | ||||||
3 | of such county who reside within the territory of the Agency. | ||||||
4 | Such petition shall be filed not more than 141 113 nor less | ||||||
5 | than 134 106 days prior to the date of election. | ||||||
6 | The chairman shall be elected at large from the territory | ||||||
7 | of the Agency. Any person eligible to become a candidate for | ||||||
8 | election as director may become a candidate for election as | ||||||
9 | chairman by filing a nominating petition with the State Board | ||||||
10 | of Elections containing the verified signatures of at least | ||||||
11 | 200 of the registered voters of each member county who reside | ||||||
12 | within the territory of the Agency. Such petition shall be | ||||||
13 | filed not more than 141 113 nor less than 134 106 days prior to | ||||||
14 | the date of the election. | ||||||
15 | Within 7 days after each consolidated election at which | ||||||
16 | the chairman is elected, the county clerk of each member | ||||||
17 | county shall transmit the returns for the election to the | ||||||
18 | office of chairman to the State Board of Elections. The State | ||||||
19 | Board of Elections shall immediately canvass the returns and | ||||||
20 | proclaim the results thereof and shall issue a certificate of | ||||||
21 | election to the person so elected. | ||||||
22 | Beginning in 1985, the directors and chairman shall be | ||||||
23 | elected at the consolidated election and shall serve from the | ||||||
24 | third Monday in May following their respective elections until | ||||||
25 | their respective successors are elected and qualified. The | ||||||
26 | term of office of a director shall be for 4 years, except that |
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1 | of the directors elected at the consolidated election of 1985, | ||||||
2 | 3 shall serve until the first Monday in May 1987 and 3 shall | ||||||
3 | serve until the first Monday in May 1989. The term of office of | ||||||
4 | a chairman shall be 4 years. | ||||||
5 | At least 90 days before the consolidated election of 1985 | ||||||
6 | the State Board of Elections shall meet to determine by lot | ||||||
7 | which 3 director positions shall be elected for terms to | ||||||
8 | expire on the first Monday in May 1987 and which 3 director | ||||||
9 | positions shall be elected for terms to expire on the first | ||||||
10 | Monday in May 1989. At least one director position from each | ||||||
11 | member county shall be elected for a term to expire on the | ||||||
12 | first Monday in May 1987. | ||||||
13 | The county clerks of the member counties shall provide | ||||||
14 | notice of each election for chairman and director in the | ||||||
15 | manner prescribed in Article 12 of The Election Code, with the | ||||||
16 | notice of the elections to be held at the consolidated | ||||||
17 | election of 1985 to include a statement as to whether the | ||||||
18 | director is to be elected for a term of 2 years or for a term | ||||||
19 | of 4 years. | ||||||
20 | A chairman shall be elected at the consolidated election | ||||||
21 | of 1985 and at each consolidated election every 4 years | ||||||
22 | thereafter. Six directors shall be elected at the consolidated | ||||||
23 | election of 1985. At the consolidated election of 1987, and at | ||||||
24 | each consolidated election every 4 years thereafter, directors | ||||||
25 | shall be elected from the constituencies of the directors who | ||||||
26 | were elected at the consolidated election of 1985 and whose |
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1 | terms expired on the first Monday in May 1987. At the | ||||||
2 | consolidated election of 1989, and at each consolidated | ||||||
3 | election every 4 years thereafter, directors shall be elected | ||||||
4 | from the constituencies of the directors who were elected at | ||||||
5 | the consolidated election of 1985 and whose terms expired on | ||||||
6 | the first Monday in May 1989. | ||||||
7 | Vacancies in the office of director or chairman shall be | ||||||
8 | filled by the remaining members of the Board, who shall | ||||||
9 | appoint to fill the vacated office for the remainder of the | ||||||
10 | term of such office an individual who would be eligible for | ||||||
11 | election to such office. If, however, a vacancy occurs in the | ||||||
12 | office of chairman or director with at least 28 months | ||||||
13 | remaining in the term of such office, the office shall be | ||||||
14 | filled for the remainder of the term at the next consolidated | ||||||
15 | election. Until the office is filled by election, the | ||||||
16 | remaining members of the Board shall appoint a qualified | ||||||
17 | person to the office in the manner provided in this Section. | ||||||
18 | (Source: P.A. 98-115, eff. 7-29-13.)
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19 | ARTICLE 99 |