Bill Text: IL SB1125 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that those intending to become write-in candidates for statewide, congressional, state legislative, or judicial offices or offices in which the electors are not entirely within a county shall file a notarized declaration of intent with the State Board of Elections. Provides what shall be included in a declaration of intent. Provides that all write-in votes shall be counted for persons who filed the notarized declaration of intent with the appropriate election authority between 120 days and 75 days before the primary or election (rather than 61 days before the primary or election). Provides that persons intending to become write-in candidates for the offices of President and Vice President or Governor and Lieutenant Governor shall file one joint declaration of intent to be a write-in candidate with the State Board of Elections and that votes case for either candidate shall constitute a valid write-in vote for the slate of candidates. Provides that the State Board of Elections shall provide a listing of valid write-in candidates to the appropriate election authority before the deadline for ballot certification. Makes conforming changes throughout the Code and the Illinois Municipal Code.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1125 Detail]

Download: Illinois-2019-SB1125-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1125 Introduced 2/5/2019, by Sen. Terry Link SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-59 from Ch. 46, par. 7-59
10 ILCS 5/17-16.1 from Ch. 46, par. 17-16.1
10 ILCS 5/18-9.1 from Ch. 46, par. 18-9.1
65 ILCS 5/3.1-20-45
65 ILCS 5/3.1-25-20 from Ch. 24, par. 3.1-25-20
Amends the Election Code. Provides that those intending to become write-in candidates for statewide, congressional, state legislative, or judicial offices or offices in which the electors are not entirely within a county shall file a notarized declaration of intent with the State Board of Elections. Provides what shall be included in a declaration of intent. Provides that all write-in votes shall be counted for persons who filed the notarized declaration of intent with the appropriate election authority between 120 days and 75 days before the primary or election (rather than 61 days before the primary or election). Provides that persons intending to become write-in candidates for the offices of President and Vice President or Governor and Lieutenant Governor shall file one joint declaration of intent to be a write-in candidate with the State Board of Elections and that votes case for either candidate shall constitute a valid write-in vote for the slate of candidates. Provides that the State Board of Elections shall provide a listing of valid write-in candidates to the appropriate election authority before the deadline for ballot certification. Makes conforming changes throughout the Code and the Illinois Municipal Code.
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A BILL FOR
SB1125 LRB101 06783 SMS 51810 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 7-59, 17-16.1, and 18-9.1 as follows:
(10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
Sec. 7-59. (a) The person receiving the highest number of
votes at a primary as a candidate of a party for the nomination
for an office shall be the candidate of that party for such
office, and his name as such candidate shall be placed on the
official ballot at the election then next ensuing; provided,
that where there are two or more persons to be nominated for
the same office or board, the requisite number of persons
receiving the highest number of votes shall be nominated and
their names shall be placed on the official ballot at the
following election.
Except as otherwise provided by Section 7-8 of this Act,
the person receiving the highest number of votes of his party
for State central committeeperson of his congressional
district shall be declared elected State central
committeeperson from said congressional district.
Unless a national political party specifies that delegates
and alternate delegates to a National nominating convention be

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allocated by proportional selection representation according
to the results of a Presidential preference primary, the
requisite number of persons receiving the highest number of
votes of their party for delegates and alternate delegates to
National nominating conventions from the State at large, and
the requisite number of persons receiving the highest number of
votes of their party for delegates and alternate delegates to
National nominating conventions in their respective
congressional districts shall be declared elected delegates
and alternate delegates to the National nominating conventions
of their party.
A political party which elects the members to its State
Central Committee by Alternative B under paragraph (a) of
Section 7-8 shall select its congressional district delegates
and alternate delegates to its national nominating convention
by proportional selection representation according to the
results of a Presidential preference primary in each
congressional district in the manner provided by the rules of
the national political party and the State Central Committee,
when the rules and policies of the national political party so
require.
A political party which elects the members to its State
Central Committee by Alternative B under paragraph (a) of
Section 7-8 shall select its at large delegates and alternate
delegates to its national nominating convention by
proportional selection representation according to the results

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of a Presidential preference primary in the whole State in the
manner provided by the rules of the national political party
and the State Central Committee, when the rules and policies of
the national political party so require.
The person receiving the highest number of votes of his
party for precinct committeeperson of his precinct shall be
declared elected precinct committeeperson from said precinct.
The person receiving the highest number of votes of his
party for township committeeperson of his township or part of a
township as the case may be, shall be declared elected township
committeeperson from said township or part of a township as the
case may be. In cities where ward committeepersons are elected,
the person receiving the highest number of votes of his party
for ward committeeperson of his ward shall be declared elected
ward committeeperson from said ward.
When two or more persons receive an equal and the highest
number of votes for the nomination for the same office or for
committeeperson of the same political party, or where more than
one person of the same political party is to be nominated as a
candidate for office or committeeperson, if it appears that
more than the number of persons to be nominated for an office
or elected committeeperson have the highest and an equal number
of votes for the nomination for the same office or for election
as committeeperson, the election authority by which the returns
of the primary are canvassed shall decide by lot which of said
persons shall be nominated or elected, as the case may be. In

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such case the election authority shall issue notice in writing
to such persons of such tie vote stating therein the place, the
day (which shall not be more than 5 days thereafter) and the
hour when such nomination or election shall be so determined.
(b) Persons intending to become write-in 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 as described in Sections
7-12, 7-67, and 25-7 shall file a notarized declaration of
intent to be a write-in candidate with the principal office of
the State Board of Elections. Forms for the declaration of
intent to be a write-in candidate shall be supplied by the
office or election authority with whom nominating petitions for
the office sought are filed. Declarations of intent to be a
write-in candidate shall include: (A) the name and address of
the person intending to become a write-in candidate; (B) the
office sought; (C) the date of the election; and (D) the
notarized signature of the candidate or candidates.
Declarations of intent to be a write-in candidate that do not
include items (A) through (D) shall not be accepted.
Write-in votes shall be counted only for persons who have
filed notarized declarations of intent to be write-in
candidates with the proper election authority, election or
authorities, or the State Board of Elections no earlier than
120 days before the primary but no not later than 75 61 days
before prior to the primary. However, whenever an objection to

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a candidate's nominating papers or petitions for any office is
sustained under Section 10-10 after the 75th 61st day before
the election, then write-in votes shall be counted for that
candidate if he or she has filed a notarized declaration of
intent to be a write-in candidate for that office with the
proper election authority, election or authorities, or State
Board of Elections not later than 7 days prior to the election.
Forms for the declaration of intent to be a write-in
candidate shall be supplied by the election authorities. Such
declaration shall specify the office for which the person seeks
nomination or election as a write-in candidate.
Persons intending to become write-in candidates for the
offices of President and Vice President or Governor and
Lieutenant Governor shall file one joint declaration of intent
to be a write-in candidate with the State Board of Elections.
The State Board of Elections shall provide a listing of
valid write-in candidates to the proper election authority or
authorities no later than the deadline for ballot
certification. The election authority or authorities shall
deliver a list of all persons who have filed such declarations
of intent to the election judges in the appropriate precincts
prior to the primary.
(c) (1) Notwithstanding any other provisions of this
Section, where the number of candidates whose names have been
printed on a party's ballot for nomination for or election to
an office at a primary is less than the number of persons the

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party is entitled to nominate for or elect to the office at the
primary, a person whose name was not printed on the party's
primary ballot as a candidate for nomination for or election to
the office, is not nominated for or elected to that office as a
result of a write-in vote at the primary unless the number of
votes he received equals or exceeds the number of signatures
required on a petition for nomination for that office; or
unless the number of votes he receives exceeds the number of
votes received by at least one of the candidates whose names
were printed on the primary ballot for nomination for or
election to the same office.
(2) Paragraph (1) of this subsection does not apply where
the number of candidates whose names have been printed on the
party's ballot for nomination for or election to the office at
the primary equals or exceeds the number of persons the party
is entitled to nominate for or elect to the office at the
primary.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
Sec. 17-16.1. Write-in votes shall be counted only for
persons who have filed notarized declarations of intent to be
write-in candidates with the proper election authority,
election or authorities, or the State Board of Elections no
earlier than 120 days before the election but no not later than
61 75 days before prior to the election. However, whenever an

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objection to a candidate's nominating papers or petitions for
any office is sustained under Section 10-10 after the 75th 61st
day before the election, then write-in votes shall be counted
for that candidate if he or she has filed a notarized
declaration of intent to be a write-in candidate for that
office with the proper election authority, election or
authorities, or the State Board of Elections not later than 7
days prior to the election.
Forms for the declaration of intent to be a write-in
candidate shall be supplied by the election authorities or the
State Board of Elections. Declarations of intent to be a
write-in candidate shall include: (A) the name and address of
the person intending to become a write-in candidate; (B) the
office sought; (C) the date of election; and (D) the notarized
signature of the candidate or candidates. Declarations of
intent to be a write-in candidate that do not include items (A)
through (D) shall not be accepted. Such declaration shall
specify the office for which the person seeks election as a
write-in candidate.
Persons intending to become write-in candidates for the
offices of President and Vice President or Governor and
Lieutenant Governor shall file one joint declaration of intent
to be a write-in candidate with the State Board of Elections.
Votes cast for either candidate shall constitute a valid
write-in vote for the slate of candidates.
The State Board of Elections shall provide a listing of

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valid write-in candidates to the proper election authority or
authorities no later than the deadline for ballot
certification. The election authority or authorities shall
deliver a list of all persons who have filed such declarations
of intent to the election judges in the appropriate precincts
prior to the election.
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 file a declaration of intent to be a write-in 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 file a declaration
of intent to be a write-in candidate for election in that
general or consolidated election.
A candidate seeking election to an office for which
candidates are nominated at a primary election on a nonpartisan
basis and who is defeated for his or her nomination at the
primary election is ineligible to file a declaration of intent
to be a write-in candidate for election in that general or
consolidated election.
Nothing in this Section shall be construed to apply to
votes cast under the provisions of subsection (b) of Section
16-5.01.

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(Source: P.A. 95-699, eff. 11-9-07.)
(10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
Sec. 18-9.1. Write-in votes shall be counted only for
persons who have filed notarized declarations of intent to be
write-in candidates with the proper election authority,
election or authorities, or the State Board of Elections no
earlier than 120 days before the election but no not later than
75 61 days before prior to the election. However, whenever an
objection to a candidate's nominating papers or petitions is
sustained under Section 10-10 after the 75th 61st day before
the election, then write-in votes shall be counted for that
candidate if he or she has filed a notarized declaration of
intent to be a write-in candidate for that office with the
proper election authority, election or authorities, or the
State Board of Elections not later than 7 days prior to the
election.
Forms for the declaration of intent to be a write-in
candidate shall be supplied by the election authorities or the
State Board of Elections. Declarations of intent to be a
write-in candidate shall include: (A) the name and address of
the person intending to become a write-in candidate; (B) the
office sought; (C) the date of election; and (D) the notarized
signature of the candidate or candidates. Declarations of
intent to be a write-in candidate that do not include items (A)
through (D) shall not be accepted. Such declaration shall

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specify the office for which the person seeks election as a
write-in candidate.
Persons intending to become write-in candidates for the
offices of President and Vice President or Governor and
Lieutenant Governor shall file one joint declaration of intent
to be a write-in candidate with the State Board of Elections.
Votes cast for either candidate shall constitute a valid
write-in vote for the slate of candidates.
Not less than 75 days before the date of the election, the
State Board of Elections shall provide a listing of valid
write-in candidates to the proper election authority or
authorities. The election authority or authorities shall
deliver a list of all persons who have filed such declarations
of intent to the election judges in the appropriate precincts
prior to the election.
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 file a declaration of intent to be a write-in
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 file a declaration
of intent to be a write-in candidate for election in that

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general or consolidated election.
A candidate seeking election to an office for which
candidates are nominated at a primary election on a nonpartisan
basis and who is defeated for his or her nomination at the
primary election is ineligible to file a declaration of intent
to be a write-in candidate for election in that general or
consolidated election.
Nothing in this Section shall be construed to apply to
votes cast under the provisions of subsection (b) of Section
16-5.01.
(Source: P.A. 95-699, eff. 11-9-07.)
Section 10. The Illinois Municipal Code is amended by
changing Sections 3.1-20-45 and 3.1-25-20 as follows:
(65 ILCS 5/3.1-20-45)
Sec. 3.1-20-45. Nonpartisan primary elections; uncontested
office. A city incorporated under this Code that elects
municipal officers at nonpartisan primary and general
elections shall conduct the elections as provided in the
Election Code, except that no office for which nomination is
uncontested shall be included on the primary ballot and no
primary shall be held for that office. For the purposes of this
Section, an office is uncontested when not more than 4 persons
to be nominated for each office have timely filed valid
nominating papers seeking nomination for the election to that

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office.
Notwithstanding the preceding paragraph, when a person (i)
who has not timely filed valid nomination papers and (ii) who
intends to become a write-in candidate for nomination for any
office for which nomination is uncontested files a declaration
of intent to be a write-in candidates written statement or
notice of that intent with the proper election official with
whom the nomination papers for that office are filed, no
primary ballot shall be printed. Where no primary is held,
persons intending to become a write-in candidate at the
consolidated primary election shall re-file a declaration of
intent to be a write-in candidate for the consolidated election
with the appropriate election authority or authorities. if the
write-in candidate becomes the fifth candidate filed, a primary
ballot must be prepared and a primary must be held for the
office. The declaration of intent to be a write-in candidate
statement or notice must be filed on or before the 75th 61st
day before the consolidated primary election. The statement
must contain (i) the name and address of the person intending
to become a write-in candidate, (ii) a statement that the
person intends to become a write-in candidate, and (iii) the
office the person is seeking as a write-in candidate, (iv) the
date of the election, and (v) the notarized signature of the
candidate. Declarations of intent to be a write-in candidate
that do not include items (i) through (v) shall not be
accepted. An election authority has no duty to conduct a

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primary election or prepare a primary ballot unless a statement
meeting the requirements of this paragraph is filed in a timely
manner.
If there is a primary election, then candidates shall be
placed on the ballot for the next succeeding general municipal
election in the following manner:
(1) If one officer is to be elected, then the 2
candidates who receive the highest number of votes shall be
placed on the ballot for the next succeeding general
municipal election.
(2) If 2 aldermen are to be elected at large, then the
4 candidates who receive the highest number of votes shall
be placed on the ballot for the next succeeding general
municipal election.
(3) If 3 aldermen are to be elected at large, then the
6 candidates who receive the highest number of votes shall
be placed on the ballot for the next succeeding general
municipal election.
The name of a write-in candidate may not be placed on the
ballot for the next succeeding general municipal election
unless he or she receives a number of votes in the primary
election that equals or exceeds the number of signatures
required on a petition for nomination for that office or that
exceeds the number of votes received by at least one of the
candidates whose names were printed on the primary ballot for
nomination for or election to the same office.

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(Source: P.A. 97-81, eff. 7-5-11.)
(65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
Sec. 3.1-25-20. Primary election. A village incorporated
under this Code shall nominate and elect candidates for
president and trustees in nonpartisan primary and general
elections as provided in Sections 3.1-25-20 through 3.1-25-55
until the electors of the village vote to require the partisan
election of the president and trustees at a referendum in the
manner provided in Section 3.1-25-65 after January 1, 1992. The
provisions of Sections 3.1-25-20 through 3.1-25-55 shall apply
to all villages incorporated under this Code that have operated
under those Sections without the adoption of those provisions
by the referendum provided in Section 3.1-25-60 as well as
those villages that have adopted those provisions by the
referendum provided in Section 3.1-25-60 until the electors of
those villages vote to require the partisan election of the
president and trustees in the manner provided in Section
3.1-25-65. Villages that have nominated and elected candidates
for president and trustees in partisan elections prior to
January 1, 1992, may continue to hold partisan elections
without conducting a referendum in the manner provided in
Section 3.1-25-65. All candidates for nomination to be voted
for at all general municipal elections at which a president or
trustees, or both, are to be elected under this Article shall
be nominated from the village at large by a primary election.

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Notwithstanding any other provision of law, no primary
shall be held in any village when the nomination for every
office to be voted upon by the electors of the village is
uncontested. If the nomination of candidates is uncontested as
to one or more, but not all, of the offices to be voted upon by
the electors of the village, then a primary must be held in the
village, provided that the primary ballot shall not include
those offices in the village for which the nomination is
uncontested. For the purposes of this Section, an office is
uncontested when not more than the number of persons to be
nominated to the office have timely filed valid nominating
papers seeking nomination for election to that office.
Notwithstanding the preceding paragraph, when a person (i)
who has not timely filed valid nomination papers and (ii) who
intends to become a write-in candidate for nomination for any
office for which nomination is uncontested files a declaration
of intent to be a write-in candidate written statement or
notice of that intent with the proper election official with
whom the nomination papers for that office are filed, no
primary ballot shall be printed. Where no primary is held,
persons intending to become a write-in candidate at the
consolidated primary election shall re-file a declaration of
intent to be a write-in candidate for the consolidated election
with the appropriate election authority or authorities. a
primary ballot must be prepared and a primary must be held for
the office. The declaration of intent to be a write-in

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candidate statement or notice must be filed on or before the
75th 61st day before the consolidated primary election. The
statement must contain (i) the name and address of the person
intending to become a write-in candidate, (ii) a statement that
the person intends to become a write-in candidate, and (iii)
the office the person is seeking as a write-in candidate, (iv)
the date of the election, and (v) the notarized signature of
the candidate. Declarations of intent to be a write-in
candidate that do not include items (i) through (v) shall not
be accepted. An election authority has no duty to conduct a
primary election or prepare a primary ballot unless a statement
meeting the requirements of this paragraph is filed in a timely
manner.
Only the names of those persons nominated in the manner
prescribed in Sections 3.1-25-20 through 3.1-25-65 shall be
placed on the ballot at the general municipal election. The
village clerk shall certify the offices to be filled and the
candidates for those offices to the proper election authority
as provided in the general election law. A primary for those
offices, if required, shall be held in accordance with the
general election law.
(Source: P.A. 91-57, eff. 6-30-99.)