Bill Text: IL SB0063 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Election Code. Provides that the minimum and maximum signature requirements to place new political party and independent candidates on the ballot for an office are the same as the minimum and maximum signature requirements to place a candidate of an established political party on the ballot for that office. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-05-05 - Rule 3-9(a) / Re-referred to Assignments [SB0063 Detail]

Download: Illinois-2017-SB0063-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0063

Introduced 1/11/2017, by Sen. Kyle McCarter

SYNOPSIS AS INTRODUCED:
10 ILCS 5/10-2 from Ch. 46, par. 10-2
10 ILCS 5/10-3 from Ch. 46, par. 10-3

Amends the Election Code. Provides that the minimum and maximum signature requirements to place new political party and independent candidates on the ballot for an office are the same as the minimum and maximum signature requirements to place a candidate of an established political party on the ballot for that office. Effective immediately.
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A BILL FOR

SB0063LRB100 03641 MLM 13646 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5Sections 10-2 and 10-3 as follows:
6 (10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
7 Sec. 10-2. The term "political party", as hereinafter used
8in this Article 10, shall mean any "established political
9party", as hereinafter defined and shall also mean any
10political group which shall hereafter undertake to form an
11established political party in the manner provided for in this
12Article 10: Provided, that no political organization or group
13shall be qualified as a political party hereunder, or given a
14place on a ballot, which organization or group is associated,
15directly or indirectly, with Communist, Fascist, Nazi or other
16un-American principles and engages in activities or propaganda
17designed to teach subservience to the political principles and
18ideals of foreign nations or the overthrow by violence of the
19established constitutional form of government of the United
20States and the State of Illinois.
21 A political party which, at the last general election for
22State and county officers, polled for its candidate for
23Governor more than 5% of the entire vote cast for Governor, is

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1hereby declared to be an "established political party" as to
2the State and as to any district or political subdivision
3thereof.
4 A political party which, at the last election in any
5congressional district, legislative district, county,
6township, municipality or other political subdivision or
7district in the State, polled more than 5% of the entire vote
8cast within such territorial area or political subdivision, as
9the case may be, has voted as a unit for the election of
10officers to serve the respective territorial area of such
11district or political subdivision, is hereby declared to be an
12"established political party" within the meaning of this
13Article as to such district or political subdivision.
14 Any group of persons hereafter desiring to form a new
15political party throughout the State, or in any congressional,
16legislative or judicial district, or in any other district or
17in any political subdivision (other than a municipality) not
18entirely within a single county, shall file with the State
19Board of Elections a petition, as hereinafter provided; and any
20such group of persons hereafter desiring to form a new
21political party within any county shall file such petition with
22the county clerk; and any such group of persons hereafter
23desiring to form a new political party within any municipality
24or township or within any district of a unit of local
25government other than a county shall file such petition with
26the local election official or Board of Election Commissioners

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1of such municipality, township or other unit of local
2government, as the case may be. Any such petition for the
3formation of a new political party throughout the State, or in
4any such district or political subdivision, as the case may be,
5shall declare as concisely as may be the intention of the
6signers thereof to form such new political party in the State,
7or in such district or political subdivision; shall state in
8not more than 5 words the name of such new political party;
9shall at the time of filing contain a complete list of
10candidates of such party for all offices to be filled in the
11State, or such district or political subdivision as the case
12may be, at the next ensuing election then to be held; and, if
13such new political party shall be formed for the entire State,
14the petition shall have the same minimum and maximum signature
15requirements as those stated in subsection (a) of Section 7-10
16of this Code for established political parties to place a
17candidate on the ballot for a statewide office be signed by 1%
18of the number of voters who voted at the next preceding
19Statewide general election or 25,000 qualified voters,
20whichever is less. If such new political party shall be formed
21for any district or political subdivision less than the entire
22State, such petition shall have the same minimum and maximum
23signature requirements as those stated in Sections 7-10 and 8-8
24of this Code, respectively, for established political parties
25to place a candidate on the ballot for an office encompassing
26the entirety of that district or political subdivision be

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1signed by qualified voters equaling in number not less than 5%
2of the number of voters who voted at the next preceding regular
3election in such district or political subdivision in which
4such district or political subdivision voted as a unit for the
5election of officers to serve its respective territorial area.
6However, whenever the minimum signature requirement for a
7district or political subdivision new political party petition
8shall exceed the minimum number of signatures for State-wide
9new political party petitions at the next preceding State-wide
10general election, such State-wide petition signature
11requirement shall be the minimum for such district or political
12subdivision new political party petition.
13 For the first election following a redistricting of
14congressional districts, a petition to form a new political
15party in a congressional district shall be signed by at least
165,000 qualified voters of the congressional district. For the
17first election following a redistricting of legislative
18districts, a petition to form a new political party in a
19legislative district shall be signed by at least 3,000
20qualified voters of the legislative district. For the first
21election following a redistricting of representative
22districts, a petition to form a new political party in a
23representative district shall be signed by at least 1,500
24qualified voters of the representative district.
25 For the first election following redistricting of county
26board districts, or of municipal wards or districts, or for the

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1first election following the initial establishment of such
2districts or wards in a county or municipality, a petition to
3form a new political party in a county board district or in a
4municipal ward or district shall be signed by qualified voters
5of the district or ward equal to not less than 5% of the total
6number of votes cast at the preceding general or municipal
7election, as the case may be, for the county or municipal
8office voted on throughout the county or municipality for which
9the greatest total number of votes were cast for all
10candidates, divided by the number of districts or wards, but in
11any event not less than 25 qualified voters of the district or
12ward.
13 In the case of a petition to form a new political party
14within a political subdivision in which officers are to be
15elected from districts and at-large, such petition shall
16consist of separate components for each district from which an
17officer is to be elected. Each component shall be circulated
18only within a district of the political subdivision and signed
19only by qualified electors who are residents of such district.
20Each sheet of such petition must contain a complete list of the
21names of the candidates of the party for all offices to be
22filled in the political subdivision at large, but the sheets
23comprising each component shall also contain the names of those
24candidates to be elected from the particular district. Each
25component of the petition for each district from which an
26officer is to be elected must be signed by qualified voters of

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1the district equalling in number not less than 5% of the number
2of voters who voted at the next preceding regular election in
3such district at which an officer was elected to serve the
4district. The entire petition, including all components, shall
5have the same minimum and maximum signature requirements as
6those stated in Section 7-10 for established political parties
7to place a candidate on the ballot for that office must be
8signed by a total of qualified voters of the entire political
9subdivision equalling in number not less than 5% of the number
10of voters who voted at the next preceding regular election in
11such political subdivision at which an officer was elected to
12serve the political subdivision at large.
13 The filing of such petition shall constitute the political
14group a new political party, for the purpose only of placing
15upon the ballot at such next ensuing election such list or an
16adjusted list in accordance with Section 10-11, of party
17candidates for offices to be voted for throughout the State, or
18for offices to be voted for in such district or political
19subdivision less than the State, as the case may be, under the
20name of and as the candidates of such new political party.
21 If, at such ensuing election, the new political party's
22candidate for Governor shall receive more than 5% of the entire
23votes cast for Governor, then such new political party shall
24become an "established political party" as to the State and as
25to every district or political subdivision thereof. If, at such
26ensuing election, the other candidates of the new political

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1party, or any other candidate or candidates of the new
2political party shall receive more than 5% of all the votes
3cast for the office or offices for which they were candidates
4at such election, in the State, or in any district or political
5subdivision, as the case may be, then and in that event, such
6new political party shall become an "established political
7party" within the State or within such district or political
8subdivision less than the State, as the case may be, in which
9such candidate or candidates received more than 5% of the votes
10cast for the office or offices for which they were candidates.
11It shall thereafter nominate its candidates for public offices
12to be filled in the State, or such district or political
13subdivision, as the case may be, under the provisions of the
14laws regulating the nomination of candidates of established
15political parties at primary elections and political party
16conventions, as now or hereafter in force.
17 A political party which continues to receive for its
18candidate for Governor more than 5% of the entire vote cast for
19Governor, shall remain an "established political party" as to
20the State and as to every district or political subdivision
21thereof. But if the political party's candidate for Governor
22fails to receive more than 5% of the entire vote cast for
23Governor, or if the political party does not nominate a
24candidate for Governor, the political party shall remain an
25"established political party" within the State or within such
26district or political subdivision less than the State, as the

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1case may be, only so long as, and only in those districts or
2political subdivisions in which, the candidates of that
3political party, or any candidate or candidates of that
4political party, continue to receive more than 5% of all the
5votes cast for the office or offices for which they were
6candidates at succeeding general or consolidated elections
7within the State or within any district or political
8subdivision, as the case may be.
9 Any such petition shall be filed at the same time and shall
10be subject to the same requirements and to the same provisions
11in respect to objections thereto and to any hearing or hearings
12upon such objections that are hereinafter in this Article 10
13contained in regard to the nomination of any other candidate or
14candidates by petition. If any such new political party shall
15become an "established political party" in the manner herein
16provided, the candidate or candidates of such new political
17party nominated by the petition hereinabove referred to for
18such initial election, shall have power to select any such
19party committeeman or committeemen as shall be necessary for
20the creation of a provisional party organization and
21provisional managing committee or committees for such party
22within the State, or in any district or political subdivision
23in which the new political party has become established; and
24the party committeeman or committeemen so selected shall
25constitute a provisional party organization for the new
26political party and shall have and exercise the powers

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1conferred by law upon any party committeeman or committeemen to
2manage and control the affairs of such new political party
3until the next ensuing primary election at which the new
4political party shall be entitled to nominate and elect any
5party committeeman or committeemen in the State, or in such
6district or political subdivision under any parts of this Act
7relating to the organization of political parties.
8 A candidate for whom a nomination paper has been filed as a
9partisan candidate at a primary election, and who is defeated
10for his or her nomination at the primary election, is
11ineligible for nomination as a candidate of a new political
12party for election in that general election.
13(Source: P.A. 86-875.)
14 (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
15 Sec. 10-3. Nomination of independent candidates (not
16candidates of any political party), for any office to be filled
17by the voters of the State at large may also be made by
18nomination papers. The nomination papers have the same minimum
19and maximum signature requirements as those stated in Sections
207-10 and 8-8 of this Code, respectively, for established
21political parties to place a candidate on the ballot for that
22office. signed in the aggregate for each candidate by 1% of the
23number of voters who voted in the next preceding Statewide
24general election or 25,000 qualified voters of the State,
25whichever is less. Nominations of independent candidates for

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1public office within any district or political subdivision less
2than the State, may be made by nomination papers signed in the
3aggregate for each candidate by qualified voters of such
4district, or political subdivision, equaling not less than 5%,
5nor more than 8% (or 50 more than the minimum, whichever is
6greater) of the number of persons, who voted at the next
7preceding regular election in such district or political
8subdivision in which such district or political subdivision
9voted as a unit for the election of officers to serve its
10respective territorial area. However, whenever the minimum
11signature requirement for an independent candidate petition
12for a district or political subdivision office shall exceed the
13minimum number of signatures for an independent candidate
14petition for an office to be filled by the voters of the State
15at large at the next preceding State-wide general election,
16such State-wide petition signature requirement shall be the
17minimum for an independent candidate petition for such district
18or political subdivision office. For the first election
19following a redistricting of congressional districts,
20nomination papers for an independent candidate for congressman
21shall be signed by at least 5,000 qualified voters of the
22congressional district. For the first election following a
23redistricting of legislative districts, nomination papers for
24an independent candidate for State Senator in the General
25Assembly shall be signed by at least 3,000 qualified voters of
26the legislative district. For the first election following a

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1redistricting of representative districts, nomination papers
2for an independent candidate for State Representative in the
3General Assembly shall be signed by at least 1,500 qualified
4voters of the representative district. For the first election
5following redistricting of county board districts, or of
6municipal wards or districts, or for the first election
7following the initial establishment of such districts or wards
8in a county or municipality, nomination papers for an
9independent candidate for county board member, or for alderman
10or trustee of such municipality, shall be signed by qualified
11voters of the district or ward equal to not less than 5% nor
12more than 8% (or 50 more than the minimum, whichever is
13greater) of the total number of votes cast at the preceding
14general or general municipal election, as the case may be, for
15the county or municipal office voted on throughout such county
16or municipality for which the greatest total number of votes
17were cast for all candidates, divided by the number of
18districts or wards, but in any event not less than 25 qualified
19voters of the district or ward. Each voter signing a nomination
20paper shall add to his signature his place of residence, and
21each voter may subscribe to one nomination for such office to
22be filled, and no more: Provided that the name of any candidate
23whose name may appear in any other place upon the ballot shall
24not be so added by petition for the same office.
25 The person circulating the petition, or the candidate on
26whose behalf the petition is circulated, may strike any

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1signature from the petition, provided that;
2 (1) the person striking the signature shall initial the
3 petition at the place where the signature is struck; and
4 (2) the person striking the signature shall sign a
5 certification listing the page number and line number of
6 each signature struck from the petition. Such
7 certification shall be filed as a part of the petition.
8 (3) the persons striking signatures from the petition
9 shall each sign an additional certificate specifying the
10 number of certification pages listing stricken signatures
11 which are attached to the petition and the page numbers
12 indicated on such certifications. The certificate shall be
13 filed as a part of the petition, shall be numbered, and
14 shall be attached immediately following the last page of
15 voters' signatures and before the certifications of
16 stricken signatures.
17 (4) all of the foregoing requirements shall be
18 necessary to effect a valid striking of any signature. The
19 provisions of this Section authorizing the striking of
20 signatures shall not impose any criminal liability on any
21 person so authorized for signatures which may be
22 fraudulent.
23 In the case of the offices of Governor and Lieutenant
24Governor a joint petition including one candidate for each of
25those offices must be filed.
26 A candidate for whom a nomination paper has been filed as a

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1partisan candidate at a primary election, and who is defeated
2for his or her nomination at the primary election, is
3ineligible to be placed on the ballot as an independent
4candidate for election in that general or consolidated
5election.
6 A candidate seeking election to an office for which
7candidates of political parties are nominated by caucus who is
8a participant in the caucus and who is defeated for his or her
9nomination at such caucus, is ineligible to be listed on the
10ballot at that general or consolidated election as an
11independent candidate.
12(Source: P.A. 95-699, eff. 11-9-07.)
13 Section 99. Effective date. This Act takes effect upon
14becoming law.
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