Bill Text: IL SB1614 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that nominating and objector petitions may be filed until 5:00 p.m. on the last day for filing those petitions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 3-9(a) / Re-referred to Assignments [SB1614 Detail]

Download: Illinois-2009-SB1614-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB1614 Introduced 2/19/2009, by Sen. M. Maggie Crotty SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-12 from Ch. 46, par. 7-12
10 ILCS 5/7-13 from Ch. 46, par. 7-13
Amends the Election Code. Provides that nominating and objector petitions may be filed until 5:00 p.m. on the last day for filing those petitions.
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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 7-12 and 7-13 as follows:
(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
Sec. 7-12. All petitions for nomination shall be filed by
mail or in person as follows:
(1) Where the nomination is to be made for a State,
congressional, or judicial office, or for any office a
nomination for which is made for a territorial division or
district which comprises more than one county or is partly in
one county and partly in another county or counties, then,
except as otherwise provided in this Section, such petition for
nomination shall be filed in the principal office of the State
Board of Elections not more than 99 and not less than 92 days
prior to the date of the primary, but, in the case of petitions
for nomination to fill a vacancy by special election in the
office of representative in Congress from this State, such
petition for nomination shall be filed in the principal office
of the State Board of Elections not more than 57 days and not
less than 50 days prior to the date of the primary.
Where a vacancy occurs in the office of Supreme, Appellate

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or Circuit Court Judge within the 3-week period preceding the
92nd day before a general primary election, petitions for
nomination for the office in which the vacancy has occurred
shall be filed in the principal office of the State Board of
Elections not more than 78 nor less than 71 days prior to the
date of the general primary election.
Where the nomination is to be made for delegates or
alternate delegates to a national nominating convention, then
such petition for nomination shall be filed in the principal
office of the State Board of Elections not more than 99 and not
less than 92 days prior to the date of the primary; provided,
however, that if the rules or policies of a national political
party conflict with such requirements for filing petitions for
nomination for delegates or alternate delegates to a national
nominating convention, the chairman of the State central
committee of such national political party shall notify the
Board in writing, citing by reference the rules or policies of
the national political party in conflict, and in such case the
Board shall direct such petitions to be filed not more than 69
and not less than 62 days prior to the date of the primary.
(2) Where the nomination is to be made for a county office
or trustee of a sanitary district then such petition shall be
filed in the office of the county clerk not more than 99 nor
less than 92 days prior to the date of the primary.
(3) Where the nomination is to be made for a municipal or
township office, such petitions for nomination shall be filed

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in the office of the local election official, not more than 78
nor less than 71 days prior to the date of the primary;
provided, where a municipality's or township's boundaries are
coextensive with or are entirely within the jurisdiction of a
municipal board of election commissioners, the petitions shall
be filed in the office of such board; and provided, that
petitions for the office of multi-township assessor shall be
filed with the election authority.
(4) The petitions of candidates for State central
committeeman shall be filed in the principal office of the
State Board of Elections not more than 99 nor less than 92 days
prior to the date of the primary.
(5) Petitions of candidates for precinct, township or ward
committeemen shall be filed in the office of the county clerk
not more than 99 nor less than 92 days prior to the date of the
primary.
(6) The State Board of Elections and the various election
authorities and local election officials with whom such
petitions for nominations are filed shall specify the place
where filings shall be made and upon receipt shall endorse
thereon the day and hour on which each petition was filed. All
petitions filed by persons waiting in line as of 8:00 a.m. on
the first day for filing, or as of the normal opening hour of
the office involved on such day, shall be deemed filed as of
8:00 a.m. or the normal opening hour, as the case may be.
Petitions filed by mail and received after midnight of the

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first day for filing and in the first mail delivery or pickup
of that day shall be deemed as filed as of 8:00 a.m. of that day
or as of the normal opening hour of such day, as the case may
be. All petitions received thereafter shall be deemed as filed
in the order of actual receipt. Where 2 or more petitions are
received simultaneously, the State Board of Elections or the
various election authorities or local election officials with
whom such petitions are filed shall break ties and determine
the order of filing, by means of a lottery or other fair and
impartial method of random selection approved by the State
Board of Elections. Such lottery shall be conducted within 9
days following the last day for petition filing and shall be
open to the public. Seven days written notice of the time and
place of conducting such random selection shall be given by the
State Board of Elections to the chairman of the State central
committee of each established political party, and by each
election authority or local election official, to the County
Chairman of each established political party, and to each
organization of citizens within the election jurisdiction
which was entitled, under this Article, at the next preceding
election, to have pollwatchers present on the day of election.
The State Board of Elections, election authority or local
election official shall post in a conspicuous, open and public
place, at the entrance of the office, notice of the time and
place of such lottery. The State Board of Elections shall adopt
rules and regulations governing the procedures for the conduct

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of such lottery. All candidates shall be certified in the order
in which their petitions have been filed. Where candidates have
filed simultaneously, they shall be certified in the order
determined by lot and prior to candidates who filed for the
same office at a later time.
(7) The State Board of Elections or the appropriate
election authority or local election official with whom such a
petition for nomination is filed shall notify the person for
whom a petition for nomination has been filed of the obligation
to file statements of organization, reports of campaign
contributions, and annual reports of campaign contributions
and expenditures under Article 9 of this Act. Such notice shall
be given in the manner prescribed by paragraph (7) of Section
9-16 of this Code.
(8) Nomination papers filed under this Section are not
valid if the candidate named therein fails to file a statement
of economic interests as required by the Illinois Governmental
Ethics Act in relation to his candidacy with the appropriate
officer by the end of the period for the filing of nomination
papers unless he has filed a statement of economic interests in
relation to the same governmental unit with that officer within
a year preceding the date on which such nomination papers were
filed. If the nomination papers of any candidate and the
statement of economic interest of that candidate are not
required to be filed with the same officer, the candidate must
file with the officer with whom the nomination papers are filed

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a receipt from the officer with whom the statement of economic
interests is filed showing the date on which such statement was
filed. Such receipt shall be so filed not later than the last
day on which nomination papers may be filed.
(9) Any person for whom a petition for nomination, or for
committeeman or for delegate or alternate delegate to a
national nominating convention has been filed may cause his
name to be withdrawn by request in writing, signed by him and
duly acknowledged before an officer qualified to take
acknowledgments of deeds, and filed in the principal or
permanent branch office of the State Board of Elections or with
the appropriate election authority or local election official,
not later than the date of certification of candidates for the
consolidated primary or general primary ballot. No names so
withdrawn shall be certified or printed on the primary ballot.
If petitions for nomination have been filed for the same person
with respect to more than one political party, his name shall
not be certified nor printed on the primary ballot of any
party. If petitions for nomination have been filed for the same
person for 2 or more offices which are incompatible so that the
same person could not serve in more than one of such offices if
elected, that person must withdraw as a candidate for all but
one of such offices within the 5 business days following the
last day for petition filing. If he fails to withdraw as a
candidate for all but one of such offices within such time his
name shall not be certified, nor printed on the primary ballot,

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for any office. For the purpose of the foregoing provisions, an
office in a political party is not incompatible with any other
office.
(10) (a) Notwithstanding the provisions of any other
statute, no primary shall be held for an established
political party in any township, municipality, or ward
thereof, where the nomination of such party for every
office to be voted upon by the electors of such township,
municipality, or ward thereof, is uncontested. Whenever a
political party's nomination of candidates is uncontested
as to one or more, but not all, of the offices to be voted
upon by the electors of a township, municipality, or ward
thereof, then a primary shall be held for that party in
such township, municipality, or ward thereof; provided
that the primary ballot shall not include those offices
within such township, municipality, or ward thereof, for
which the nomination is uncontested. For purposes of this
Article, the nomination of an established political party
of a candidate for election to an office shall be deemed to
be uncontested where not more than the number of persons to
be nominated have timely filed valid nomination papers
seeking the nomination of such party for election to such
office.
(b) Notwithstanding the provisions of any other
statute, no primary election shall be held for an
established political party for any special primary

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election called for the purpose of filling a vacancy in the
office of representative in the United States Congress
where the nomination of such political party for said
office is uncontested. For the purposes of this Article,
the nomination of an established political party of a
candidate for election to said office shall be deemed to be
uncontested where not more than the number of persons to be
nominated have timely filed valid nomination papers
seeking the nomination of such established party for
election to said office. This subsection (b) shall not
apply if such primary election is conducted on a regularly
scheduled election day.
(c) Notwithstanding the provisions in subparagraph (a)
and (b) of this paragraph (10), whenever a person who has
not timely filed valid nomination papers and who intends to
become a write-in candidate for a political party's
nomination for any office for which the nomination is
uncontested files a written statement or notice of that
intent with the State Board of Elections or the local
election official with whom nomination papers for such
office are filed, a primary ballot shall be prepared and a
primary shall be held for that office. Such statement or
notice shall be filed on or before the date established in
this Article for certifying candidates for the primary
ballot. Such statement or notice shall contain (i) the name
and address of the person intending to become a write-in

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candidate, (ii) a statement that the person is a qualified
primary elector of the political party from whom the
nomination is sought, (iii) a statement that the person
intends to become a write-in candidate for the party's
nomination, and (iv) the office the person is seeking as a
write-in candidate. An election authority shall have no
duty to conduct a primary and prepare a primary ballot for
any office for which the nomination is uncontested unless a
statement or notice meeting the requirements of this
Section is filed in a timely manner.
(11) If multiple sets of nomination papers are filed for a
candidate to the same office, the State Board of Elections,
appropriate election authority or local election official
where the petitions are filed shall within 2 business days
notify the candidate of his or her multiple petition filings
and that the candidate has 3 business days after receipt of the
notice to notify the State Board of Elections, appropriate
election authority or local election official that he or she
may cancel prior sets of petitions. If the candidate notifies
the State Board of Elections, appropriate election authority or
local election official, the last set of petitions filed shall
be the only petitions to be considered valid by the State Board
of Elections, election authority or local election official. If
the candidate fails to notify the State Board of Elections,
election authority or local election official then only the
first set of petitions filed shall be valid and all subsequent

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petitions shall be void.
(11.5) Nominating petitions may be filed, and shall be
accepted for filing, until 5:00 p.m. on the last day for filing
those petitions.
(12) All nominating petitions shall be available for public
inspection and shall be preserved for a period of not less than
6 months.
(Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089;
87-1052.)
(10 ILCS 5/7-13) (from Ch. 46, par. 7-13)
Sec. 7-13. The board of election commissioners in cities of
500,000 or more population having such board, shall constitute
an electoral board for the hearing and passing upon objections
to nomination petitions for ward committeemen.
Such objections shall be filed in the office of the county
clerk not less than 81 days prior to the primary. The objection
shall state the name and address of the objector, who may be
any qualified elector in the ward, the specific grounds of
objection and the relief requested of the electoral board. Upon
the receipt of the objection, the county clerk shall forthwith
transmit such objection and the petition of the candidate to
the board of election commissioners. The board of election
commissioners shall forthwith notify the objector and
candidate objected to of the time and place for hearing hereon.
After a hearing upon the validity of such objections, the board

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shall, not less than 74 days prior to the date of the primary,
certify to the county clerk, its decision stating whether or
not the name of the candidate shall be printed on the ballot
and the county clerk in his or her certificate to the board of
election commissioners shall leave off of the certificate the
name of the candidate for ward committeeman that the election
commissioners order not to be printed on the ballot. However,
the decision of the board of election commissioners is subject
to judicial review as provided in Section 10-10.1.
The county electoral board composed as provided in Section
10-9 shall constitute an electoral board for the hearing and
passing upon objections to nomination petitions for precinct
and township committeemen. Such objections shall be filed in
the office of the county clerk not less than 81 days prior to
the primary. The objection shall state the name and address of
the objector who may be any qualified elector in the precinct
or in the township or part of a township that lies outside of a
city having a population of 500,000 or more, the specific
grounds of objection and the relief requested of the electoral
board. Upon the receipt of the objection the county clerk shall
forthwith transmit such objection and the petition of the
candidate to the chairman of the county electoral board. The
chairman of the county electoral board shall forthwith notify
the objector, the candidate whose petition is objected to and
the other members of the electoral board of the time and place
for hearing thereon. After hearing upon the validity of such

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objections the board shall, not less than 74 days prior to the
date of the primary, certify its decision to the county clerk
stating whether or not the name of the candidate shall be
printed on the ballot, and the county clerk, in his or her
certificate to the board of election commissioners, shall leave
off of the certificate the name of the candidate ordered by the
board not to be printed on the ballot, and the county clerk
shall also refrain from printing on the official primary
ballot, the name of any candidate whose name has been ordered
by the electoral board not to be printed on the ballot.
However, the decision of the board is subject to judicial
review as provided in Section 10-10.1.
In such proceedings the electoral boards have the same
powers as other electoral boards under the provisions of
Section 10-10 of this Act and their decisions are subject to
judicial review under Section 10-10.1.
An objector's petition may be filed, and shall be accepted
for filing, until 5:00 p.m. on the last day for filing such a
petition.
(Source: P.A. 84-1308.)