Bill Text: IL HB6214 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Election Code. With respect to nomination petitions for independent candidates to appear on the general election ballot, (i) makes the minimum signature requirement the same as that for an established party candidate seeking the same office (now, a higher minimum), (ii) permits circulation not more than 75 (now, 90) days before the filing deadline, and (iii) makes the filing deadline 75 days after the general primary (now, between 141 and 134 days before the general election).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-03-15 - Rule 19(a) / Re-referred to Rules Committee [HB6214 Detail]

Download: Illinois-2009-HB6214-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB6214 Introduced 2/11/2010, by Rep. Mike Fortner SYNOPSIS AS INTRODUCED:
10 ILCS 5/10-3 from Ch. 46, par. 10-3
10 ILCS 5/10-6 from Ch. 46, par. 10-6
Amends the Election Code. With respect to nomination petitions for independent candidates to appear on the general election ballot, (i) makes the minimum signature requirement the same as that for an established party candidate seeking the same office (now, a higher minimum), (ii) permits circulation not more than 75 (now, 90) days before the filing deadline, and (iii) makes the filing deadline 75 days after the general primary (now, between 141 and 134 days before the general election).
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A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 10-3 and 10-6 as follows:
(10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
Sec. 10-3. Independent candidate petitions.
(a) Nomination of independent candidates (not candidates
of any political party), for any office to be filled by the
voters of the State at large may also be made by nomination
papers signed in the aggregate for each candidate by qualified
voters at least equal in number to the minimum petition
signature requirement of Section 7-10 for a State office
candidate of an established political party 1% of the number of
voters who voted in the next preceding Statewide general
election or 25,000 qualified voters of the State, whichever is
less.
(b) Nominations of independent candidates for a public
office to be filled at a general election from within any
district or political subdivision less than the State may be
made by nomination petitions signed in the aggregate for each
candidate by qualified voters of that district or political
subdivision equaling not less than the minimum petition

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signature requirement for an established political party
candidate for that office.
(c) Nominations of independent candidates for a public
office to be filled at a consolidated or special election from
within any district or political subdivision less than the
State, may be made by nomination papers signed in the aggregate
for each candidate by qualified voters of such district, or
political subdivision, equaling not less than 5%, nor more than
8% (or 50 more than the minimum, whichever is greater) of the
number of persons, who voted at the next preceding regular
election in such district or political subdivision in which
such district or political subdivision voted as a unit for the
election of officers to serve its respective territorial area.
However, whenever the minimum signature requirement for an
independent candidate petition for a district or political
subdivision office shall exceed the minimum number of
signatures for an independent candidate petition for an office
to be filled by the voters of the State at large at the next
preceding State-wide general election, such State-wide
petition signature requirement shall be the minimum for an
independent candidate petition for such district or political
subdivision office. For a special election after redistricting
of a congressional district but before the first general the
first election following a redistricting of a congressional
district districts, nomination papers for an independent
candidate for congressman shall be signed by at least 5,000

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qualified voters of the congressional district. For the first
election following a redistricting of legislative districts,
nomination papers for an independent candidate for State
Senator in the General Assembly shall be signed by at least
3,000 qualified voters of the legislative district. For the
first election following a redistricting of representative
districts, nomination papers for an independent candidate for
State Representative in the General Assembly shall be signed by
at least 1,500 qualified voters of the representative district.
For the first election following redistricting of county board
districts, or of municipal wards or districts, or for the first
election following the initial establishment of such districts
or wards in a county or municipality, nomination papers for an
independent candidate for county board member, or for alderman
or trustee of such municipality, shall be signed by qualified
voters of the district or ward equal to not less than 5% nor
more than 8% (or 50 more than the minimum, whichever is
greater) of the total number of votes cast at the preceding
general or general municipal election, as the case may be, for
the county or municipal office voted on throughout such county
or municipality for which the greatest total number of votes
were cast for all candidates, divided by the number of
districts or wards, but in any event not less than 25 qualified
voters of the district or ward.
(d) Each voter signing a nomination paper shall add to his
signature his place of residence, and each voter may subscribe

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to one nomination for such office to be filled, and no more:
Provided that the name of any candidate whose name may appear
in any other place upon the ballot shall not be so added by
petition for the same office.
(e) A nominating petition for a candidate subject to
subsection (a) or (b) may not be circulated and signed more
than 75 days before the last day for filing the petition.
(f) The person circulating the petition, or the candidate
on whose behalf the petition is circulated, may strike any
signature from the petition, provided that;
(1) the person striking the signature shall initial the
petition at the place where the signature is struck; and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
(3) the persons striking signatures from the petition
shall each sign an additional certificate specifying the
number of certification pages listing stricken signatures
which are attached to the petition and the page numbers
indicated on such certifications. The certificate shall be
filed as a part of the petition, shall be numbered, and
shall be attached immediately following the last page of
voters' signatures and before the certifications of
stricken signatures.
(4) all of the foregoing requirements shall be

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necessary to effect a valid striking of any signature. The
provisions of this Section authorizing the striking of
signatures shall not impose any criminal liability on any
person so authorized for signatures which may be
fraudulent.
In the case of the offices of Governor and Lieutenant
Governor a joint petition including one candidate for each of
those offices must be filed.
A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at the primary election, is
ineligible to be placed on the ballot as an independent
candidate for election in that general or consolidated
election.
A candidate seeking election to an office for which
candidates of political parties are nominated by caucus who is
a participant in the caucus and who is defeated for his or her
nomination at such caucus, is ineligible to be listed on the
ballot at that general or consolidated election as an
independent candidate.
(Source: P.A. 95-699, eff. 11-9-07.)
(10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
Sec. 10-6. Time and manner of filing new party and
independent petitions.
(a) Within 75 days after the day of the general primary,

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nomination petitions subject to subsection (a) or (b) of
Section 10-3 of an independent candidate for an office to be
elected immediately following general election shall be filed
at the same location as provided in Section 7-12. The electoral
board having jurisdiction under Section 10-9 to hear and pass
upon objections to nomination petitions also shall hear and
pass upon objections to nomination petitions filed by a
candidate under this subsection.
(b) When subsection (a) does not apply, certificates
Certificates of nomination and nomination papers for the
nomination of candidates for offices to be filled by electors
of the entire State, or any district not entirely within a
county, or for congressional, state legislative or judicial
offices, shall be presented to the principal office of the
State Board of Elections not more than 141 nor less than 134
days previous to the day of election for which the candidates
are nominated. The State Board of Elections shall endorse the
certificates of nomination or nomination papers, as the case
may be, and the date and hour of presentment to it. Except as
otherwise provided in this section, all other certificates for
the nomination of candidates shall be filed with the county
clerk of the respective counties not more than 141 but at least
134 days previous to the day of such election. Certificates of
nomination and nomination papers for the nomination of
candidates for the offices of political subdivisions to be
filled at regular elections other than the general election

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shall be filed with the local election official of such
subdivision:
(1) (Blank);
(2) not more than 78 nor less than 71 days prior to the
consolidated election; or
(3) not more than 78 nor less than 71 days prior to the
general primary in the case of municipal offices to be
filled at the general primary election; or
(4) not more than 78 nor less than 71 days before the
consolidated primary in the case of municipal offices to be
elected on a nonpartisan basis pursuant to law (including
without limitation, those municipal offices subject to
Articles 4 and 5 of the Municipal Code); or
(5) not more than 78 nor less than 71 days before the
municipal primary in even numbered years for such
nonpartisan municipal offices where annual elections are
provided; or
(6) in the case of petitions for the office of
multi-township assessor, such petitions shall be filed
with the election authority not more than 78 nor less than
71 days before the consolidated election.
However, where a political subdivision's boundaries are
co-extensive with or are entirely within the jurisdiction of a
municipal board of election commissioners, the certificates of
nomination and nomination papers for candidates for such
political subdivision offices shall be filed in the office of

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such Board.
(Source: P.A. 95-699, eff. 11-9-07.)