Bill Text: IL SB2826 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. Requires 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 to file a written statement or notice of that intent with the local election official where the candidate is seeking to appear on the ballot (rather than to file 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).

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2826 Detail]

Download: Illinois-2023-SB2826-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2826 Introduced 1/19/2024, by Sen. Neil Anderson - Sue Rezin - Jil Tracy SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-5 from Ch. 46, par. 7-5
10 ILCS 5/7-12 from Ch. 46, par. 7-12
Amends the Election Code. Requires 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 to file a written statement or notice of that intent with the local election official where the candidate is seeking to appear on the ballot (rather than to file 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).
LRB103 35768 AWJ 65850 b
A BILL FOR
SB2826 LRB103 35768 AWJ 65850 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 7-5 and 7-12 as follows:
(10 ILCS 5/7-5) (from Ch. 46, par. 7-5)
Sec. 7-5. (a) Primary elections shall be held on the dates
prescribed in Article 2A.
(b) 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

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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.
(c) Notwithstanding the provisions of any other statute,
no primary election shall be held for an established political
party for any special primary 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 (c) shall not apply if such primary
election is conducted on a regularly scheduled election day.
(d) Notwithstanding the provisions in subsection (b) and
(c) of this Section, 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 where the candidate
is seeking to appear on the ballot 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

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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 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.
(e) The polls shall be open from 6:00 a.m. to 7:00 p.m.
(Source: P.A. 86-873.)
(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) Except as otherwise provided in this Code, 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 (including the
Fox Metro Water Reclamation District), then, except as

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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 113 and not less
than 106 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 85 days and not less than 82
days prior to the date of the primary.
Where a vacancy occurs in the office of Supreme,
Appellate or Circuit Court Judge within the 3-week period
preceding the 106th 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 92 nor
less than 85 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 113 and not less than 106 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

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delegates or alternate delegates to a national nominating
convention, the chair 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 in
accordance with the delegate selection plan adopted by the
state central committee of such national political party.
(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 113 nor less than 106 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 in the office of the local election official, not
more than 99 nor less than 92 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
committeeperson shall be filed in the principal office of

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the State Board of Elections not more than 113 nor less
than 106 days prior to the date of the primary.
(5) Petitions of candidates for precinct, township or
ward committeepersons shall be filed in the office of the
county clerk not more than 113 nor less than 106 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 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. However, 2 or more
petitions filed within the last hour of the filing
deadline shall be deemed filed simultaneously. Where 2 or
more petitions are received simultaneously, the State
Board of Elections or the various election authorities or

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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 chair of the State central
committee of each established political party, and by each
election authority or local election official, to the
County Chair 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
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.

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(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 Code. 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 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

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papers may be filed.
(9) Except as otherwise provided in this Code, any
person for whom a petition for nomination, or for
committeeperson 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.
A candidate in a judicial election may file petitions for
nomination for only one vacancy in a subcircuit and only
one vacancy in a circuit in any one filing period, and if

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petitions for nomination have been filed for the same
person for 2 or more vacancies in the same circuit or
subcircuit in the same filing period, his or her name
shall be certified only for the first vacancy for which
the petitions for nomination were filed. 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, 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

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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
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

SB2826 - 12 - LRB103 35768 AWJ 65850 b
election official where the candidate is seeking to appear
on the ballot 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 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

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