Bill Text: IL SB1140 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Election Code. Provides that if a judicial candidate or candidate for State's Attorney has changed his or her name at any time after being admitted to practice law in Illinois and before the last day for filing the petition or certificate for that office, then the candidate's name on the petition or certificate must include a list of prior names and dates for each name change during that time period, and the petition or certificate must be accompanied by the candidate's affidavit stating the previous names and the date or dates each of those names was changed. Provides that failure to meet the requirements shall be grounds for denying certification of the candidate's name for the ballot or removing the candidate's name from the ballot. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2019-03-26 - Referred to Rules Committee [SB1140 Detail]

Download: Illinois-2019-SB1140-Engrossed.html



SB1140 EngrossedLRB101 04878 SMS 49887 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 7-10.2, 7-17, 10-5.1, and 16-3 as follows:
6 (10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
7 Sec. 7-10.2. In the designation of the name of a candidate
8on a petition for nomination or certificate of nomination the
9candidate's given name or names, initial or initials, a
10nickname by which the candidate is commonly known, or a
11combination thereof, may be used in addition to the candidate's
12surname. If a candidate, except a judicial candidate or a
13candidate for State's Attorney, has changed his or her name,
14whether by a statutory or common law procedure in Illinois or
15any other jurisdiction, within 3 years before the last day for
16filing the petition or certificate for that office, whichever
17is applicable, then (i) the candidate's name on the petition or
18certificate must be followed by "formerly known as (list all
19prior names during the 3-year period) until name changed on
20(list date of each such name change)" and (ii) the petition or
21certificate must be accompanied by the candidate's affidavit
22stating the candidate's previous names during the period
23specified in (i) and the date or dates each of those names was

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1changed; failure to meet these requirements shall be grounds
2for denying certification of the candidate's name for the
3ballot or removing the candidate's name from the ballot, as
4appropriate.
5 If a judicial candidate or candidate for State's Attorney
6has changed his or her name, whether by a statutory or common
7law procedure in Illinois or any other jurisdiction, at any
8time after being admitted to practice law in Illinois and
9before the last day for filing the petition or certificate for
10that office, whichever is applicable, then (i) the candidate's
11name on the petition or certificate must be followed by
12"formerly known as (list prior names, including his or her name
13at the time he or she was admitted to practice law in Illinois
14and any subsequent names) until name changed on (list date of
15each such name change)" and (ii) the petition or certificate
16must be accompanied by the candidate's affidavit stating the
17candidate's previous names during the period specified in item
18(i) and the date or dates each of those names was changed;
19failure to meet these requirements shall be grounds for denying
20certification of the candidate's name for the ballot or
21removing the candidate's name from the ballot, as appropriate.
22 These , but these requirements do not apply to name changes
23resulting from adoption to assume an adoptive parent's or
24parents' surname, marriage to assume a spouse's surname, or
25dissolution of marriage or declaration of invalidity of
26marriage to assume a former surname. No other designation such

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1as a political slogan, as defined by Section 7-17, title or
2degree, or nickname suggesting or implying possession of a
3title, degree or professional status, or similar information
4may be used in connection with the candidate's surname.
5(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
6 (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
7 Sec. 7-17. Candidate ballot name procedures.
8 (a) Each election authority in each county shall cause to
9be printed upon the general primary ballot of each party for
10each precinct in his jurisdiction the name of each candidate
11whose petition for nomination or for committeeperson has been
12filed in the office of the county clerk, as herein provided;
13and also the name of each candidate whose name has been
14certified to his office by the State Board of Elections, and in
15the order so certified, except as hereinafter provided.
16 It shall be the duty of the election authority to cause to
17be printed upon the consolidated primary ballot of each
18political party for each precinct in his jurisdiction the name
19of each candidate whose name has been certified to him, as
20herein provided and which is to be voted for in such precinct.
21 (b) In the designation of the name of a candidate on the
22primary ballot the candidate's given name or names, initial or
23initials, a nickname by which the candidate is commonly known,
24or a combination thereof, may be used in addition to the
25candidate's surname. If a candidate, except a judicial

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1candidate or a candidate for State's Attorney, has changed his
2or her name, whether by a statutory or common law procedure in
3Illinois or any other jurisdiction, within 3 years before the
4last day for filing the petition for nomination, nomination
5papers, or certificate of nomination for that office, whichever
6is applicable, then (i) the candidate's name on the primary
7ballot must be followed by "formerly known as (list all prior
8names during the 3-year period) until name changed on (list
9date of each such name change)" and (ii) the petition, papers,
10or certificate must be accompanied by the candidate's affidavit
11stating the candidate's previous names during the period
12specified in (i) and the date or dates each of those names was
13changed; failure to meet these requirements shall be grounds
14for denying certification of the candidate's name for the
15ballot or removing the candidate's name from the ballot, as
16appropriate.
17 If a judicial candidate or candidate for State's Attorney
18has changed his or her name, whether by a statutory or common
19law procedure in Illinois or any other jurisdiction, at any
20time after being admitted to practice law in Illinois and
21before the last day for filing the petition for nomination,
22nomination papers, or certificate of nomination for that
23office, whichever is applicable, then (i) the candidate's name
24on the primary ballot must be followed by "formerly known as
25(list prior names, including his or her name at the time he or
26she was admitted to practice law in Illinois and any subsequent

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1names) until name changed on (list date of each such name
2change)" and (ii) the petition, papers, or certificate must be
3accompanied by the candidate's affidavit stating the
4candidate's previous names during the period specified in item
5(i) and the date or dates each of those names was changed;
6failure to meet these requirements shall be grounds for denying
7certification of the candidate's name for the ballot or
8removing the candidate's name from the ballot, as appropriate.
9 These , but these requirements do not apply to name changes
10resulting from adoption to assume an adoptive parent's or
11parents' surname, marriage to assume a spouse's surname, or
12dissolution of marriage or declaration of invalidity of
13marriage to assume a former surname. No other designation such
14as a political slogan, title, or degree, or nickname suggesting
15or implying possession of a title, degree or professional
16status, or similar information may be used in connection with
17the candidate's surname. For purposes of this Section, a
18"political slogan" is defined as any word or words expressing
19or connoting a position, opinion, or belief that the candidate
20may espouse, including but not limited to, any word or words
21conveying any meaning other than that of the personal identity
22of the candidate. A candidate may not use a political slogan as
23part of his or her name on the ballot, notwithstanding that the
24political slogan may be part of the candidate's name.
25 (c) The State Board of Elections, a local election
26official, or an election authority shall remove any candidate's

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1name designation from a ballot that is inconsistent with
2subsection (b) of this Section. In addition, the State Board of
3Elections, a local election official, or an election authority
4shall not certify to any election authority any candidate name
5designation that is inconsistent with subsection (b) of this
6Section.
7 (d) If the State Board of Elections, a local election
8official, or an election authority removes a candidate's name
9designation from a ballot under subsection (c) of this Section,
10then the aggrieved candidate may seek appropriate relief in
11circuit court.
12(Source: P.A. 100-1027, eff. 1-1-19.)
13 (10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
14 Sec. 10-5.1. In the designation of the name of a candidate
15on a certificate of nomination or nomination papers the
16candidate's given name or names, initial or initials, a
17nickname by which the candidate is commonly known, or a
18combination thereof, may be used in addition to the candidate's
19surname. If a candidate, except a judicial candidate or a
20candidate for State's Attorney, has changed his or her name,
21whether by a statutory or common law procedure in Illinois or
22any other jurisdiction, within 3 years before the last day for
23filing the certificate of nomination or nomination papers for
24that office, whichever is applicable, then (i) the candidate's
25name on the certificate or papers must be followed by "formerly

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1known as (list all prior names during the 3-year period) until
2name changed on (list date of each such name change)" and (ii)
3the certificate or paper must be accompanied by the candidate's
4affidavit stating the candidate's previous names during the
5period specified in (i) and the date or dates each of those
6names was changed; failure to meet these requirements shall be
7grounds for denying certification of the candidate's name for
8the ballot or removing the candidate's name from the ballot, as
9appropriate.
10 If a judicial candidate or candidate for State's Attorney
11has changed his or her name, whether by a statutory or common
12law procedure in Illinois or any other jurisdiction, at any
13time after being admitted to practice law in Illinois and
14before the last day for filing the certificate of nomination or
15nomination papers for that office, whichever is applicable,
16then (i) the candidate's name on the certificate or papers must
17be followed by "formerly known as (list prior names, including
18his or her name at the time he or she was admitted to practice
19law in Illinois and any subsequent names) until name changed on
20(list date of each such name change)" and (ii) the certificate
21or paper must be accompanied by the candidate's affidavit
22stating the candidate's previous names during the period
23specified in item (i) and the date or dates each of those names
24was changed; failure to meet these requirements shall be
25grounds for denying certification of the candidate's name for
26the ballot or removing the candidate's name from the ballot, as

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1appropriate.
2 These , but these requirements do not apply to name changes
3resulting from adoption to assume an adoptive parent's or
4parents' surname, marriage to assume a spouse's surname, or
5dissolution of marriage or declaration of invalidity of
6marriage to assume a former surname. No other designation such
7as a political slogan, title, or degree, or nickname suggesting
8or implying possession of a title, degree or professional
9status, or similar information may be used in connection with
10the candidate's surname.
11(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
12 (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
13 Sec. 16-3. (a) The names of all candidates to be voted for
14in each election district or precinct shall be printed on one
15ballot, except as is provided in Sections 16-6.1 and 21-1.01 of
16this Act and except as otherwise provided in this Act with
17respect to the odd year regular elections and the emergency
18referenda; all nominations of any political party being placed
19under the party appellation or title of such party as
20designated in the certificates of nomination or petitions. The
21names of all independent candidates shall be printed upon the
22ballot in a column or columns under the heading "independent"
23arranged under the names or titles of the respective offices
24for which such independent candidates shall have been nominated
25and so far as practicable, the name or names of any independent

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1candidate or candidates for any office shall be printed upon
2the ballot opposite the name or names of any candidate or
3candidates for the same office contained in any party column or
4columns upon said ballot. The ballot shall contain no other
5names, except that in cases of electors for President and
6Vice-President of the United States, the names of the
7candidates for President and Vice-President may be added to the
8party designation and words calculated to aid the voter in his
9choice of candidates may be added, such as "Vote for one,"
10"Vote for not more than three." If no candidate or candidates
11file for an office and if no person or persons file a
12declaration as a write-in candidate for that office, then below
13the title of that office the election authority instead shall
14print "No Candidate". When an electronic voting system is used
15which utilizes a ballot label booklet, the candidates and
16questions shall appear on the pages of such booklet in the
17order provided by this Code; and, in any case where candidates
18for an office appear on a page which does not contain the name
19of any candidate for another office, and where less than 50% of
20the page is utilized, the name of no candidate shall be printed
21on the lowest 25% of such page. On the back or outside of the
22ballot, so as to appear when folded, shall be printed the words
23"Official Ballot", followed by the designation of the polling
24place for which the ballot is prepared, the date of the
25election and a facsimile of the signature of the election
26authority who has caused the ballots to be printed. The ballots

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1shall be of plain white paper, through which the printing or
2writing cannot be read. However, ballots for use at the
3nonpartisan and consolidated elections may be printed on
4different color paper, except blue paper, whenever necessary or
5desirable to facilitate distinguishing between ballots for
6different political subdivisions. In the case of nonpartisan
7elections for officers of a political subdivision, unless the
8statute or an ordinance adopted pursuant to Article VII of the
9Constitution providing the form of government therefor
10requires otherwise, the column listing such nonpartisan
11candidates shall be printed with no appellation or circle at
12its head. The party appellation or title, or the word
13"independent" at the head of any column provided for
14independent candidates, shall be printed in letters not less
15than one-fourth of an inch in height and a circle one-half inch
16in diameter shall be printed at the beginning of the line in
17which such appellation or title is printed, provided, however,
18that no such circle shall be printed at the head of any column
19or columns provided for such independent candidates. The names
20of candidates shall be printed in letters not less than
21one-eighth nor more than one-fourth of an inch in height, and
22at the beginning of each line in which a name of a candidate is
23printed a square shall be printed, the sides of which shall be
24not less than one-fourth of an inch in length. However, the
25names of the candidates for Governor and Lieutenant Governor on
26the same ticket shall be printed within a bracket and a single

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1square shall be printed in front of the bracket. The list of
2candidates of the several parties and any such list of
3independent candidates shall be placed in separate columns on
4the ballot in such order as the election authorities charged
5with the printing of the ballots shall decide; provided, that
6the names of the candidates of the several political parties,
7certified by the State Board of Elections to the several county
8clerks shall be printed by the county clerk of the proper
9county on the official ballot in the order certified by the
10State Board of Elections. Any county clerk refusing, neglecting
11or failing to print on the official ballot the names of
12candidates of the several political parties in the order
13certified by the State Board of Elections, and any county clerk
14who prints or causes to be printed upon the official ballot the
15name of a candidate, for an office to be filled by the Electors
16of the entire State, whose name has not been duly certified to
17him upon a certificate signed by the State Board of Elections
18shall be guilty of a Class C misdemeanor.
19 (b) When an electronic voting system is used which utilizes
20a ballot card, on the inside flap of each ballot card envelope
21there shall be printed a form for write-in voting which shall
22be substantially as follows:
23
WRITE-IN VOTES
24 (See card of instructions for specific information.
25Duplicate form below by hand for additional write-in votes.)
26 _____________________________

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1 Title of Office
2( ) ____________________________
3 Name of Candidate
4 Write-in lines equal to the number of candidates for which
5a voter may vote shall be printed for an office only if one or
6more persons filed declarations of intent to be write-in
7candidates or qualify to file declarations to be write-in
8candidates under Sections 17-16.1 and 18-9.1 when the
9certification of ballot contains the words "OBJECTION
10PENDING".
11 (c) When an electronic voting system is used which uses a
12ballot sheet, the instructions to voters on the ballot sheet
13shall refer the voter to the card of instructions for specific
14information on write-in voting. Below each office appearing on
15such ballot sheet there shall be a provision for the casting of
16a write-in vote. Write-in lines equal to the number of
17candidates for which a voter may vote shall be printed for an
18office only if one or more persons filed declarations of intent
19to be write-in candidates or qualify to file declarations to be
20write-in candidates under Sections 17-16.1 and 18-9.1 when the
21certification of ballot contains the words "OBJECTION
22PENDING".
23 (d) When such electronic system is used, there shall be
24printed on the back of each ballot card, each ballot card
25envelope, and the first page of the ballot label when a ballot
26label is used, the words "Official Ballot," followed by the

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1number of the precinct or other precinct identification, which
2may be stamped, in lieu thereof and, as applicable, the number
3and name of the township, ward or other election district for
4which the ballot card, ballot card envelope, and ballot label
5are prepared, the date of the election and a facsimile of the
6signature of the election authority who has caused the ballots
7to be printed. The back of the ballot card shall also include a
8method of identifying the ballot configuration such as a
9listing of the political subdivisions and districts for which
10votes may be cast on that ballot, or a number code identifying
11the ballot configuration or color coded ballots, except that
12where there is only one ballot configuration in a precinct, the
13precinct identification, and any applicable ward
14identification, shall be sufficient. Ballot card envelopes
15used in punch card systems shall be of paper through which no
16writing or punches may be discerned and shall be of sufficient
17length to enclose all voting positions. However, the election
18authority may provide ballot card envelopes on which no
19precinct number or township, ward or other election district
20designation, or election date are preprinted, if space and a
21preprinted form are provided below the space provided for the
22names of write-in candidates where such information may be
23entered by the judges of election. Whenever an election
24authority utilizes ballot card envelopes on which the election
25date and precinct is not preprinted, a judge of election shall
26mark such information for the particular precinct and election

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1on the envelope in ink before tallying and counting any
2write-in vote written thereon. If some method of insuring
3ballot secrecy other than an envelope is used, such information
4must be provided on the ballot itself.
5 (e) In the designation of the name of a candidate on the
6ballot, the candidate's given name or names, initial or
7initials, a nickname by which the candidate is commonly known,
8or a combination thereof, may be used in addition to the
9candidate's surname. If a candidate, except a judicial
10candidate or a candidate for State's Attorney, has changed his
11or her name, whether by a statutory or common law procedure in
12Illinois or any other jurisdiction, within 3 years before the
13last day for filing the petition for nomination, nomination
14papers, or certificate of nomination for that office, whichever
15is applicable, then (i) the candidate's name on the ballot must
16be followed by "formerly known as (list all prior names during
17the 3-year period) until name changed on (list date of each
18such name change)" and (ii) the petition, papers, or
19certificate must be accompanied by the candidate's affidavit
20stating the candidate's previous names during the period
21specified in (i) and the date or dates each of those names was
22changed; failure to meet these requirements shall be grounds
23for denying certification of the candidate's name for the
24ballot or removing the candidate's name from the ballot, as
25appropriate.
26 If a judicial candidate or candidate for State's Attorney

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1has changed his or her name, whether by a statutory or common
2law procedure in Illinois or any other jurisdiction, at any
3time after being admitted to practice law in Illinois and
4before the last day for filing the petition for nomination,
5nomination papers, or certificate of nomination for that
6office, whichever is applicable, then (i) the candidate's name
7on the ballot must be followed by "formerly known as (list
8prior names, including his or her name at the time he or she
9was admitted to practice law in Illinois and any subsequent
10names) until name changed on (list date of each such name
11change)" and (ii) the petition, papers, or certificate must be
12accompanied by the candidate's affidavit stating the
13candidate's previous names during the period specified in item
14(i) and the date or dates each of those names was changed;
15failure to meet these requirements shall be grounds for denying
16certification of the candidate's name for the ballot or
17removing the candidate's name from the ballot, as appropriate.
18 These , but these requirements do not apply to name changes
19resulting from adoption to assume an adoptive parent's or
20parents' surname, marriage to assume a spouse's surname, or
21dissolution of marriage or declaration of invalidity of
22marriage to assume a former surname. No other designation such
23as a political slogan, title, or degree or nickname suggesting
24or implying possession of a title, degree or professional
25status, or similar information may be used in connection with
26the candidate's surname. For purposes of this Section, a

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1"political slogan" is defined as any word or words expressing
2or connoting a position, opinion, or belief that the candidate
3may espouse, including but not limited to, any word or words
4conveying any meaning other than that of the personal identity
5of the candidate. A candidate may not use a political slogan as
6part of his or her name on the ballot, notwithstanding that the
7political slogan may be part of the candidate's name.
8 (f) The State Board of Elections, a local election
9official, or an election authority shall remove any candidate's
10name designation from a ballot that is inconsistent with
11subsection (e) of this Section. In addition, the State Board of
12Elections, a local election official, or an election authority
13shall not certify to any election authority any candidate name
14designation that is inconsistent with subsection (e) of this
15Section.
16 (g) If the State Board of Elections, a local election
17official, or an election authority removes a candidate's name
18designation from a ballot under subsection (f) of this Section,
19then the aggrieved candidate may seek appropriate relief in
20circuit court.
21 Where voting machines or electronic voting systems are
22used, the provisions of this Section may be modified as
23required or authorized by Article 24 or Article 24A, whichever
24is applicable.
25 Nothing in this Section shall prohibit election
26authorities from using or reusing ballot card envelopes which

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1were printed before the effective date of this amendatory Act
2of 1985.
3(Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07;
495-862, eff. 8-19-08.)
5 Section 99. Effective date. This Act takes effect upon
6becoming law.
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