Bill Text: IL SB0145 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Amends the Election Code. Makes a technical change in a Section concerning expenses of conducting a primary election.
Spectrum: Partisan Bill (Democrat 28-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB0145 Detail]
Download: Illinois-2019-SB0145-Engrossed.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | ||||||
5 | Sections 7-11 and 21-1 as follows:
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6 | (10 ILCS 5/7-11) (from Ch. 46, par. 7-11)
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7 | Sec. 7-11.
Any candidate for President of the United States | ||||||
8 | may have his name
printed upon the primary ballot of his | ||||||
9 | political party by (1) filing in the
office of the State Board | ||||||
10 | of Elections not more than 113 and not less
than 106 days prior | ||||||
11 | to the date of the general primary, in any year in which a
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12 | Presidential election is to be held, a petition signed by not | ||||||
13 | less than
3000 or more than 5000 primary electors, members of | ||||||
14 | and affiliated with the
party of which he is a candidate and | ||||||
15 | (2) filing in the office of the Secretary of State a copy of | ||||||
16 | the candidate's income tax returns for the 5 previous years , | ||||||
17 | and no candidate for President of the
United States, who fails | ||||||
18 | to comply with the provisions of this Article
shall have his | ||||||
19 | name printed upon any primary ballot: Provided, however,
that | ||||||
20 | if the rules or policies of a national political
party conflict | ||||||
21 | with such requirements for filing petitions for President of
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22 | the United States in a presidential preference primary, the | ||||||
23 | Chair of the
State central committee of such national political |
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1 | party shall notify the
State Board of Elections in writing, | ||||||
2 | citing by reference the rules or
policies of the national | ||||||
3 | political party in conflict, and in such case the
Board shall | ||||||
4 | direct such petitions to be filed in accordance with the | ||||||
5 | delegate selection plan adopted by the state central committee | ||||||
6 | of such national political party. Provided, further, unless | ||||||
7 | rules
or policies of a national political party otherwise | ||||||
8 | provide, the
vote for President of the United States, as herein | ||||||
9 | provided for, shall be
for the sole purpose of securing an | ||||||
10 | expression of the sentiment and will of
the party voters with | ||||||
11 | respect to candidates for nomination for said office,
and the | ||||||
12 | vote of the state at large shall be taken and considered as
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13 | advisory to the delegates and alternates at large to the | ||||||
14 | national
conventions of respective political parties; and the | ||||||
15 | vote of the respective
congressional districts shall be taken | ||||||
16 | and considered as advisory to the
delegates and alternates of | ||||||
17 | said congressional districts to the national
conventions of the | ||||||
18 | respective political parties.
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19 | (Source: P.A. 100-1027, eff. 1-1-19 .)
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20 | (10 ILCS 5/21-1) (from Ch. 46, par. 21-1)
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21 | Sec. 21-1.
Choosing and election of electors of President | ||||||
22 | and
Vice-President of the United States shall be in the | ||||||
23 | following manner:
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24 | (a) In each year in which a President and Vice-President of | ||||||
25 | the United
States are chosen, each political party or group in |
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1 | this State shall choose
by its State Convention or State | ||||||
2 | central committee electors of President and Vice-President of | ||||||
3 | the
United States and such State Convention or State central | ||||||
4 | committee of such party or group shall also
choose electors at | ||||||
5 | large, if any are to be appointed for this State and
such State | ||||||
6 | Convention or State central committee of such party or group | ||||||
7 | shall by its chair and
secretary certify the total list of such | ||||||
8 | electors together with electors at
large so chosen to the State | ||||||
9 | Board of Elections.
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10 | The filing of such certificate with the Board, of such | ||||||
11 | choosing of
electors shall be deemed and taken to be the | ||||||
12 | choosing and selection of the
electors of this State, if such | ||||||
13 | party or group is successful at the polls
as herein provided in | ||||||
14 | choosing their candidates for President and
Vice-President of | ||||||
15 | the United States.
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16 | (b) The names of the candidates of the several political | ||||||
17 | parties or
groups for electors of President and Vice-President | ||||||
18 | shall not be printed on
the official ballot to be voted in the | ||||||
19 | election to be held on the day in
this Act above named. In lieu | ||||||
20 | of the names of the candidates for such
electors of President | ||||||
21 | and Vice-President, immediately under the appellation
of party | ||||||
22 | name of a party or group in the column of its candidates on the
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23 | official ballot, to be voted at said election first above named | ||||||
24 | in
subsection (1) of Section 2A-1.2 and Section 2A-2, there | ||||||
25 | shall be printed
within a bracket the name of the candidate for
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26 | President and the name of the candidate for Vice-President of |
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1 | such party or
group with a square to the left of such bracket. | ||||||
2 | Each voter in this State
from the several lists or sets of | ||||||
3 | electors so chosen and selected by the
said respective | ||||||
4 | political parties or groups, may choose and elect one of
such | ||||||
5 | lists or sets of electors by placing a cross in the square to | ||||||
6 | the left
of the bracket aforesaid of one of such parties or | ||||||
7 | groups. Placing a cross
within the square before the bracket | ||||||
8 | enclosing the names of President and
Vice-President shall not | ||||||
9 | be deemed and taken as a direct vote for such
candidates for | ||||||
10 | President and Vice-President, or either of them, but shall
only | ||||||
11 | be deemed and taken to be a vote for the entire list or set of
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12 | electors chosen by that political party or group so certified | ||||||
13 | to the State
Board of Elections as herein provided. Voting by | ||||||
14 | means of placing a cross
in the appropriate place preceding the | ||||||
15 | appellation or title of the
particular political party or | ||||||
16 | group, shall not be deemed or taken as a
direct vote for the | ||||||
17 | candidates for President and Vice-President, or either
of them, | ||||||
18 | but instead to the Presidential vote, as a vote for the entire
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19 | list or set of electors chosen by that political party or group | ||||||
20 | so
certified to the State Board of Elections as herein | ||||||
21 | provided.
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22 | (b-5) Notwithstanding the provisions of subsection (b) of | ||||||
23 | this Section, no candidate for President or Vice President of | ||||||
24 | the United States shall appear on the official ballot for the | ||||||
25 | general election if that candidate has not released his or her | ||||||
26 | income tax returns for the 5 tax years immediately preceding |
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1 | the year of the general election. The Secretary of State shall | ||||||
2 | certify to the State Board that the income tax returns have | ||||||
3 | been filed in accordance with this subsection (b-5) and shall | ||||||
4 | post the income tax returns on the Secretary of State's | ||||||
5 | website. The Secretary of State shall redact the social | ||||||
6 | security number, address, and telephone number of any | ||||||
7 | individual in an income tax return submitted under this | ||||||
8 | subsection (b-5). The Secretary of State may adopt rules for | ||||||
9 | the implementation of this subsection (b-5). | ||||||
10 | If a candidate for President or Vice President has not | ||||||
11 | filed his or her income tax return with the Internal Revenue | ||||||
12 | Service for the tax year immediately preceding the year of the | ||||||
13 | general election by the time electors have been chosen under | ||||||
14 | subsection (a), then the candidate must submit his or her | ||||||
15 | income tax return to the Secretary of State within 5 days after | ||||||
16 | he or she files the income tax return with the Internal Revenue | ||||||
17 | Service. | ||||||
18 | As used in this subsection (b-5), "income tax return" means | ||||||
19 | a tax or information return, declaration of estimated tax, or | ||||||
20 | claim for refund required by, or provided for or permitted | ||||||
21 | under, the Internal Revenue Code and that is filed on behalf of | ||||||
22 | or with respect to any person, and any amendment or supplement | ||||||
23 | thereto, including supporting schedules, attachments, or lists | ||||||
24 | that are supplemental to, or part of, the return so filed. | ||||||
25 | As used in this subsection (b-5), "released his or her | ||||||
26 | income tax returns" means that the income tax returns for the 5 |
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1 | tax years immediately preceding the year of the general | ||||||
2 | election are filed by the candidates for President and Vice | ||||||
3 | President of the United States with the Secretary of State | ||||||
4 | before the filing deadline for the office. The candidates shall | ||||||
5 | file the income tax returns when filing a statement of economic | ||||||
6 | interests. | ||||||
7 | (c) Such certification by the respective political parties | ||||||
8 | or groups in
this State of electors of President and | ||||||
9 | Vice-President shall be made to the
State Board of Elections | ||||||
10 | within 2 days after such State convention or meeting of the | ||||||
11 | State central committee in which the electors were chosen.
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12 | (d) Should more than one certificate of choice and | ||||||
13 | selection of electors
of the same political party or group be | ||||||
14 | filed by contesting conventions or
contesting groups, it shall | ||||||
15 | be the duty of the State Board of Elections
within 10 days | ||||||
16 | after the adjournment of the last of such conventions to
meet | ||||||
17 | and determine which set of nominees for electors of such party | ||||||
18 | or
group was chosen and selected by the authorized convention | ||||||
19 | of such party or
group. The Board, after notice to the chair | ||||||
20 | and secretaries or managers
of the conventions or groups and | ||||||
21 | after a hearing shall determine which set
of electors was so | ||||||
22 | chosen by the authorized convention and shall so
announce and | ||||||
23 | publish the fact, and such decision shall be final and the set
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24 | of electors so determined upon by the electoral board to be so | ||||||
25 | chosen shall
be the list or set of electors to be deemed | ||||||
26 | elected if that party shall be
successful at the polls, as |
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1 | herein provided.
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2 | (e) Should a vacancy occur in the choice of an elector in a
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3 | congressional district, such vacancy may be filled by the | ||||||
4 | executive
committee of the party or group for such | ||||||
5 | congressional district, to be
certified by such committee to | ||||||
6 | the State Board of Elections. Should a
vacancy occur in the | ||||||
7 | office of elector at large, such vacancy shall be
filled by the | ||||||
8 | State committee of such political party or group, and
certified | ||||||
9 | by it to the State Board of Elections.
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10 | (Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19 .)
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