Bill Text: IL HB5045 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that the requirements to change a candidate's name do not apply to name changes resulting from a civil union to assume a spouse's surname or dissolution of a civil union or declaration of invalidity of a civil union to assume a former surname or a name change that conforms the candidate's name to his or her gender identity. Makes conforming changes throughout the Code. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-02-27 - Added Chief Co-Sponsor Rep. John Connor [HB5045 Detail]

Download: Illinois-2019-HB5045-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5045 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-10.2 from Ch. 46, par. 7-10.2
10 ILCS 5/7-17 from Ch. 46, par. 7-17
10 ILCS 5/8-8.1 from Ch. 46, par. 8-8.1
10 ILCS 5/10-5.1 from Ch. 46, par. 10-5.1
10 ILCS 5/16-3 from Ch. 46, par. 16-3
Amends the Election Code. Provides that the requirements to change a candidate's name do not apply to name changes resulting from a civil union to assume a spouse's surname or dissolution of a civil union or declaration of invalidity of a civil union to assume a former surname or a name change that conforms the candidate's name to his or her gender identity. Makes conforming changes throughout the Code. Effective immediately.
LRB101 16131 SMS 65497 b
A BILL FOR
HB5045 LRB101 16131 SMS 65497 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 7-10.2, 7-17, 8-8.1, 10-5.1, and 16-3 as follows:
(10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
Sec. 7-10.2. In the designation of the name of a candidate
on a petition for nomination or certificate of nomination the
candidate's given name or names, initial or initials, a
nickname by which the candidate is commonly known, or a
combination thereof, may be used in addition to the candidate's
surname. If a candidate has changed his or her name, whether by
a statutory or common law procedure in Illinois or any other
jurisdiction, within 3 years before the last day for filing the
petition or certificate for that office, whichever is
applicable, then (i) the candidate's name on the petition or
certificate must be followed by "formerly known as (list all
prior names during the 3-year period) until name changed on
(list date of each such name change)" and (ii) the petition or
certificate must be accompanied by the candidate's affidavit
stating the candidate's previous names during the period
specified in (i) and the date or dates each of those names was
changed; failure to meet these requirements shall be grounds

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for denying certification of the candidate's name for the
ballot or removing the candidate's name from the ballot, as
appropriate, but these requirements do not apply to name
changes resulting from adoption to assume an adoptive parent's
or parents' surname, marriage or civil union to assume a
spouse's surname, or dissolution of marriage or civil union or
declaration of invalidity of marriage or civil union to assume
a former surname or a name change that conforms the candidate's
name to his or her gender identity. No other designation such
as a political slogan, as defined by Section 7-17, title or
degree, or nickname suggesting or implying possession of a
title, degree or professional status, or similar information
may be used in connection with the candidate's surname.
(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
(10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
Sec. 7-17. Candidate ballot name procedures.
(a) Each election authority in each county shall cause to
be printed upon the general primary ballot of each party for
each precinct in his jurisdiction the name of each candidate
whose petition for nomination or for committeeperson has been
filed in the office of the county clerk, as herein provided;
and also the name of each candidate whose name has been
certified to his office by the State Board of Elections, and in
the order so certified, except as hereinafter provided.
It shall be the duty of the election authority to cause to

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

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spouse's surname, or dissolution of marriage or civil union or
declaration of invalidity of marriage or civil union to assume
a former surname or a name change that conforms the candidate's
name to his or her gender identity. No other designation such
as a political slogan, title, or degree, or nickname suggesting
or implying possession of a title, degree or professional
status, or similar information may be used in connection with
the candidate's surname. For purposes of this Section, a
"political slogan" is defined as any word or words expressing
or connoting a position, opinion, or belief that the candidate
may espouse, including but not limited to, any word or words
conveying any meaning other than that of the personal identity
of the candidate. A candidate may not use a political slogan as
part of his or her name on the ballot, notwithstanding that the
political slogan may be part of the candidate's name.
(c) The State Board of Elections, a local election
official, or an election authority shall remove any candidate's
name designation from a ballot that is inconsistent with
subsection (b) of this Section. In addition, the State Board of
Elections, a local election official, or an election authority
shall not certify to any election authority any candidate name
designation that is inconsistent with subsection (b) of this
Section.
(d) If the State Board of Elections, a local election
official, or an election authority removes a candidate's name
designation from a ballot under subsection (c) of this Section,

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then the aggrieved candidate may seek appropriate relief in
circuit court.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
Sec. 8-8.1. In the designation of the name of a candidate
on a petition for nomination, the candidate's given name or
names, initial or initials, a nickname by which the candidate
is commonly known, or a combination thereof, may be used in
addition to the candidate's surname. If a candidate has changed
his or her name, whether by a statutory or common law procedure
in Illinois or any other jurisdiction, within 3 years before
the last day for filing the petition for that office, then (i)
the candidate's name on the petition must be followed by
"formerly known as (list all prior names during the 3-year
period) until name changed on (list date of each such name
change)" and (ii) the petition must be accompanied by the
candidate's affidavit stating the candidate's previous names
during the period specified in (i) and the date or dates each
of those names was changed; failure to meet these requirements
shall be grounds for denying certification of the candidate's
name for the ballot or removing the candidate's name from the
ballot, as appropriate, but these requirements do not apply to
name changes resulting from adoption to assume an adoptive
parent's or parents' surname, marriage or civil union to assume
a spouse's surname, or dissolution of marriage or civil union

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or declaration of invalidity of marriage or civil union to
assume a former surname or a name change that conforms the
candidate's name to his or her gender identity. No other
designation such as a political slogan, title, or degree, or
nickname suggesting or implying possession of a title, degree
or professional status, or similar information may be used in
connection with the candidate's surname.
(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
(10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
Sec. 10-5.1. In the designation of the name of a candidate
on a certificate of nomination or nomination papers the
candidate's given name or names, initial or initials, a
nickname by which the candidate is commonly known, or a
combination thereof, may be used in addition to the candidate's
surname. If a candidate has changed his or her name, whether by
a statutory or common law procedure in Illinois or any other
jurisdiction, within 3 years before the last day for filing the
certificate of nomination or nomination papers for that office,
whichever is applicable, then (i) the candidate's name on the
certificate or papers must be followed by "formerly known as
(list all prior names during the 3-year period) until name
changed on (list date of each such name change)" and (ii) the
certificate or paper must be accompanied by the candidate's
affidavit stating the candidate's previous names during the
period specified in (i) and the date or dates each of those

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names was changed; failure to meet these requirements shall be
grounds for denying certification of the candidate's name for
the ballot or removing the candidate's name from the ballot, as
appropriate, but these requirements do not apply to name
changes resulting from adoption to assume an adoptive parent's
or parents' surname, marriage or civil union to assume a
spouse's surname, or dissolution of marriage or civil union or
declaration of invalidity of marriage or civil union to assume
a former surname or a name change that conforms the candidate's
name to his or her gender identity. No other designation such
as a political slogan, title, or degree, or nickname suggesting
or implying possession of a title, degree or professional
status, or similar information may be used in connection with
the candidate's surname.
(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
(10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
Sec. 16-3. (a) The names of all candidates to be voted for
in each election district or precinct shall be printed on one
ballot, except as is provided in Sections 16-6.1 and 21-1.01 of
this Act and except as otherwise provided in this Act with
respect to the odd year regular elections and the emergency
referenda; all nominations of any political party being placed
under the party appellation or title of such party as
designated in the certificates of nomination or petitions. The
names of all independent candidates shall be printed upon the

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ballot in a column or columns under the heading "independent"
arranged under the names or titles of the respective offices
for which such independent candidates shall have been nominated
and so far as practicable, the name or names of any independent
candidate or candidates for any office shall be printed upon
the ballot opposite the name or names of any candidate or
candidates for the same office contained in any party column or
columns upon said ballot. The ballot shall contain no other
names, except that in cases of electors for President and
Vice-President of the United States, the names of the
candidates for President and Vice-President may be added to the
party designation and words calculated to aid the voter in his
choice of candidates may be added, such as "Vote for one,"
"Vote for not more than three." If no candidate or candidates
file for an office and if no person or persons file a
declaration as a write-in candidate for that office, then below
the title of that office the election authority instead shall
print "No Candidate". When an electronic voting system is used
which utilizes a ballot label booklet, the candidates and
questions shall appear on the pages of such booklet in the
order provided by this Code; and, in any case where candidates
for an office appear on a page which does not contain the name
of any candidate for another office, and where less than 50% of
the page is utilized, the name of no candidate shall be printed
on the lowest 25% of such page. On the back or outside of the
ballot, so as to appear when folded, shall be printed the words

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"Official Ballot", followed by the designation of the polling
place for which the ballot is prepared, the date of the
election and a facsimile of the signature of the election
authority who has caused the ballots to be printed. The ballots
shall be of plain white paper, through which the printing or
writing cannot be read. However, ballots for use at the
nonpartisan and consolidated elections may be printed on
different color paper, except blue paper, whenever necessary or
desirable to facilitate distinguishing between ballots for
different political subdivisions. In the case of nonpartisan
elections for officers of a political subdivision, unless the
statute or an ordinance adopted pursuant to Article VII of the
Constitution providing the form of government therefor
requires otherwise, the column listing such nonpartisan
candidates shall be printed with no appellation or circle at
its head. The party appellation or title, or the word
"independent" at the head of any column provided for
independent candidates, shall be printed in letters not less
than one-fourth of an inch in height and a circle one-half inch
in diameter shall be printed at the beginning of the line in
which such appellation or title is printed, provided, however,
that no such circle shall be printed at the head of any column
or columns provided for such independent candidates. The names
of candidates shall be printed in letters not less than
one-eighth nor more than one-fourth of an inch in height, and
at the beginning of each line in which a name of a candidate is

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printed a square shall be printed, the sides of which shall be
not less than one-fourth of an inch in length. However, the
names of the candidates for Governor and Lieutenant Governor on
the same ticket shall be printed within a bracket and a single
square shall be printed in front of the bracket. The list of
candidates of the several parties and any such list of
independent candidates shall be placed in separate columns on
the ballot in such order as the election authorities charged
with the printing of the ballots shall decide; provided, that
the names of the candidates of the several political parties,
certified by the State Board of Elections to the several county
clerks shall be printed by the county clerk of the proper
county on the official ballot in the order certified by the
State Board of Elections. Any county clerk refusing, neglecting
or failing to print on the official ballot the names of
candidates of the several political parties in the order
certified by the State Board of Elections, and any county clerk
who prints or causes to be printed upon the official ballot the
name of a candidate, for an office to be filled by the Electors
of the entire State, whose name has not been duly certified to
him upon a certificate signed by the State Board of Elections
shall be guilty of a Class C misdemeanor.
(b) When an electronic voting system is used which utilizes
a ballot card, on the inside flap of each ballot card envelope
there shall be printed a form for write-in voting which shall
be substantially as follows:

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WRITE-IN VOTES
(See card of instructions for specific information.
Duplicate form below by hand for additional write-in votes.)
_____________________________
Title of Office
( ) ____________________________
Name of Candidate
Write-in lines equal to the number of candidates for which
a voter may vote shall be printed for an office only if one or
more persons filed declarations of intent to be write-in
candidates or qualify to file declarations to be write-in
candidates under Sections 17-16.1 and 18-9.1 when the
certification of ballot contains the words "OBJECTION
PENDING".
(c) When an electronic voting system is used which uses a
ballot sheet, the instructions to voters on the ballot sheet
shall refer the voter to the card of instructions for specific
information on write-in voting. Below each office appearing on
such ballot sheet there shall be a provision for the casting of
a write-in vote. Write-in lines equal to the number of
candidates for which a voter may vote shall be printed for an
office only if one or more persons filed declarations of intent
to be write-in candidates or qualify to file declarations to be
write-in candidates under Sections 17-16.1 and 18-9.1 when the
certification of ballot contains the words "OBJECTION
PENDING".

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(d) When such electronic system is used, there shall be
printed on the back of each ballot card, each ballot card
envelope, and the first page of the ballot label when a ballot
label is used, the words "Official Ballot," followed by the
number of the precinct or other precinct identification, which
may be stamped, in lieu thereof and, as applicable, the number
and name of the township, ward or other election district for
which the ballot card, ballot card envelope, and ballot label
are prepared, the date of the election and a facsimile of the
signature of the election authority who has caused the ballots
to be printed. The back of the ballot card shall also include a
method of identifying the ballot configuration such as a
listing of the political subdivisions and districts for which
votes may be cast on that ballot, or a number code identifying
the ballot configuration or color coded ballots, except that
where there is only one ballot configuration in a precinct, the
precinct identification, and any applicable ward
identification, shall be sufficient. Ballot card envelopes
used in punch card systems shall be of paper through which no
writing or punches may be discerned and shall be of sufficient
length to enclose all voting positions. However, the election
authority may provide ballot card envelopes on which no
precinct number or township, ward or other election district
designation, or election date are preprinted, if space and a
preprinted form are provided below the space provided for the
names of write-in candidates where such information may be

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entered by the judges of election. Whenever an election
authority utilizes ballot card envelopes on which the election
date and precinct is not preprinted, a judge of election shall
mark such information for the particular precinct and election
on the envelope in ink before tallying and counting any
write-in vote written thereon. If some method of insuring
ballot secrecy other than an envelope is used, such information
must be provided on the ballot itself.
(e) In the designation of the name of a candidate on the
ballot, the candidate's given name or names, initial or
initials, a nickname by which the candidate is commonly known,
or a combination thereof, may be used in addition to the
candidate's surname. If a candidate has changed his or her
name, whether by a statutory or common law procedure in
Illinois or any other jurisdiction, within 3 years before the
last day for filing the petition for nomination, nomination
papers, or certificate of nomination for that office, whichever
is applicable, then (i) the candidate's name on the ballot must
be followed by "formerly known as (list all prior names during
the 3-year period) until name changed on (list date of each
such name change)" and (ii) the petition, papers, or
certificate must be accompanied by the candidate's affidavit
stating the candidate's previous names during the period
specified in (i) and the date or dates each of those names was
changed; failure to meet these requirements shall be grounds
for denying certification of the candidate's name for the

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ballot or removing the candidate's name from the ballot, as
appropriate, but these requirements do not apply to name
changes resulting from adoption to assume an adoptive parent's
or parents' surname, marriage or civil union to assume a
spouse's surname, or dissolution of marriage or civil union or
declaration of invalidity of marriage or civil union to assume
a former surname or a name change that conforms the candidate's
name to his or her gender identity. No other designation such
as a political slogan, title, or degree or nickname suggesting
or implying possession of a title, degree or professional
status, or similar information may be used in connection with
the candidate's surname. For purposes of this Section, a
"political slogan" is defined as any word or words expressing
or connoting a position, opinion, or belief that the candidate
may espouse, including but not limited to, any word or words
conveying any meaning other than that of the personal identity
of the candidate. A candidate may not use a political slogan as
part of his or her name on the ballot, notwithstanding that the
political slogan may be part of the candidate's name.
(f) The State Board of Elections, a local election
official, or an election authority shall remove any candidate's
name designation from a ballot that is inconsistent with
subsection (e) of this Section. In addition, the State Board of
Elections, a local election official, or an election authority
shall not certify to any election authority any candidate name
designation that is inconsistent with subsection (e) of this

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Section.
(g) If the State Board of Elections, a local election
official, or an election authority removes a candidate's name
designation from a ballot under subsection (f) of this Section,
then the aggrieved candidate may seek appropriate relief in
circuit court.
Where voting machines or electronic voting systems are
used, the provisions of this Section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
Nothing in this Section shall prohibit election
authorities from using or reusing ballot card envelopes which
were printed before the effective date of this amendatory Act
of 1985.
(Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07;
95-862, eff. 8-19-08.)