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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3496 Introduced 2/14/2014, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED:
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| 5 ILCS 430/Art. 7 heading new | | 5 ILCS 430/7-5 new | | 5 ILCS 430/50-5 | | 10 ILCS 5/7-10 | from Ch. 46, par. 7-10 | 10 ILCS 5/8-8 | from Ch. 46, par. 8-8 | 10 ILCS 5/10-5 | from Ch. 46, par. 10-5 | 10 ILCS 5/10-8 | from Ch. 46, par. 10-8 |
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Amends the State Officials and Employees Ethics Act. Requires each public official who, on or after the effective date of the amendatory Act, is elected or appointed to office to complete an 8-hour continuing education program established by Econ Illinois-Illinois Council on Economic Education and approved by the Illinois Community College Board within 2 years after the date he or she is first elected or appointed and every 2 years thereafter for as long as he or she remains a public official. Authorizes a fine to be levied against a public official who fails to timely complete the continuing education requirement. Prohibits a public official from being elected or appointed to public office if he or she fails to timely pay the fine and complete the required continuing education.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning government.
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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 State Officials and Employees Ethics Act is |
| 5 | | amended by adding Article 7 and Section 7-5 and changing |
| 6 | | Section 50-5 as follows:
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| 7 | | (5 ILCS 430/Art. 7 heading new) |
| 8 | | ARTICLE 7. CONTINUING EDUCATION FOR PUBLIC OFFICIALS
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| 9 | | (5 ILCS 430/7-5 new) |
| 10 | | Sec. 7-5. Continuing education for public officials. |
| 11 | | (a) Each public official who, on or after the effective |
| 12 | | date of this amendatory Act of the 98th General Assembly, is |
| 13 | | elected or appointed to office must complete at his or her own |
| 14 | | expense the 8-hour continuing education program established |
| 15 | | under subsection (b) of this Section within 2 years after the |
| 16 | | date he or she is first elected or appointed and every 2 years |
| 17 | | thereafter for as long as he or she remains a public official. |
| 18 | | However, a public official who is elected or appointed to more |
| 19 | | than one public office must complete the 8-hour continuing |
| 20 | | education program established under subsection (b) of this |
| 21 | | Section only once every 2 years. |
| 22 | | (b) Econ Illinois-Illinois Council on Economic Education, |
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| 1 | | located at Northern Illinois University, shall establish, and |
| 2 | | the Illinois Community College Board shall approve, an 8-hour |
| 3 | | continuing education program for public officials. The |
| 4 | | continuing education program curriculum shall consist of |
| 5 | | courses focusing on economic theories and the interaction |
| 6 | | between economic theory and governmental policy, including, |
| 7 | | but not limited to, the impact of government policy on |
| 8 | | individuals and businesses. |
| 9 | | (c) A public official who fails to timely complete the |
| 10 | | continuing education program required under this Section is |
| 11 | | subject to the penalties specified in subsection (e) of Section |
| 12 | | 50-5 of this Act, and if that official does not timely pay the |
| 13 | | fine levied under that Section and complete the continuing |
| 14 | | education program, then he or she may not subsequently be |
| 15 | | elected or appointed to public office. |
| 16 | | (d) For the purposes of this subsection (d), "public |
| 17 | | official" means the Governor, a member of the General Assembly, |
| 18 | | and any of the corporate authorities of a county or |
| 19 | | municipality.
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| 20 | | (5 ILCS 430/50-5)
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| 21 | | Sec. 50-5. Penalties. |
| 22 | | (a) A person is guilty of a Class A misdemeanor if that |
| 23 | | person intentionally
violates any provision of Section 5-15, |
| 24 | | 5-30, 5-40, or 5-45 or Article 15.
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| 25 | | (a-1) An ethics commission may levy an administrative fine |
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| 1 | | for a violation of Section 5-45 of this Act of up to 3 times the |
| 2 | | total annual compensation that would have been obtained in |
| 3 | | violation of Section 5-45. |
| 4 | | (b) A person who intentionally violates any provision
of |
| 5 | | Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business |
| 6 | | offense
subject to a fine of at least $1,001 and up to $5,000.
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| 7 | | (c) A person who intentionally violates any provision of |
| 8 | | Article 10 is
guilty of a business
offense and subject to a |
| 9 | | fine of at least $1,001 and up to $5,000.
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| 10 | | (d) Any person who intentionally makes a
false report |
| 11 | | alleging a violation of any provision of this Act to an ethics
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| 12 | | commission,
an inspector general,
the State Police, a State's |
| 13 | | Attorney, the Attorney General, or any other law
enforcement |
| 14 | | official is guilty of a Class A misdemeanor.
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| 15 | | (e) An ethics commission may levy an administrative fine of |
| 16 | | up to $5,000
against any person
who violates this Act, who |
| 17 | | intentionally obstructs or interferes with an
investigation
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| 18 | | conducted under this Act by an inspector general, or who
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| 19 | | intentionally makes a false, frivolous, or bad faith |
| 20 | | allegation.
A person who violates Section 7-5 and is not |
| 21 | | subject to the jurisdiction of an ethics commission is guilty |
| 22 | | of a business offense and is subject to a fine of up to $5,000.
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| 23 | | (f) In addition to any other penalty that may apply, |
| 24 | | whether criminal or
civil, a State employee who intentionally |
| 25 | | violates
any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35, |
| 26 | | 5-45, or 5-50, Article 10,
Article 15, or Section 20-90 or |
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| 1 | | 25-90 is subject to discipline or discharge by
the
appropriate |
| 2 | | ultimate
jurisdictional authority.
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| 3 | | (Source: P.A. 96-555, eff. 8-18-09.)
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| 4 | | Section 10. The Election Code is amended by changing |
| 5 | | Sections 7-10, 8-8, 10-5, and 10-8 as follows:
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| 6 | | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
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| 7 | | Sec. 7-10. Form of petition for nomination. The name of no |
| 8 | | candidate for
nomination, or State central committeeman, or |
| 9 | | township committeeman, or
precinct committeeman, or ward |
| 10 | | committeeman or candidate for delegate or
alternate delegate to |
| 11 | | national nominating conventions, shall be printed
upon the |
| 12 | | primary ballot unless a petition for nomination has been filed |
| 13 | | in
his behalf as provided in this Article in substantially the |
| 14 | | following form:
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| 15 | | We, the undersigned, members of and affiliated with the |
| 16 | | .... party
and qualified primary electors of the .... party, in |
| 17 | | the .... of ....,
in the county of .... and State of Illinois, |
| 18 | | do hereby petition that
the following named person or persons |
| 19 | | shall be a candidate or candidates
of the .... party for the |
| 20 | | nomination for (or in case of committeemen for
election to) the |
| 21 | | office or offices hereinafter specified, to be voted
for at the |
| 22 | | primary election to be held on (insert date).
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| 23 | | Name |
Office |
Address |
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| 24 | | John Jones |
Governor |
Belvidere, Ill. |
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| 1 | | Jane James | Lieutenant Governor | Peoria, Ill. |
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| 2 | | Thomas Smith |
Attorney General |
Oakland, Ill. |
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| 3 | | Name.................. Address.......................
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| 4 | | State of Illinois)
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| 5 | | ) ss.
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| 6 | | County of........)
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| 7 | | I, ...., do hereby certify
that I reside at No. .... |
| 8 | | street, in the .... of ...., county of ....,
and State of |
| 9 | | ....., that I am 18 years of age or older, that
I am a citizen |
| 10 | | of the United States, and that the signatures on this sheet
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| 11 | | were signed
in my presence, and are genuine, and that to the |
| 12 | | best of my knowledge
and belief the persons so signing were at |
| 13 | | the time of signing the
petitions qualified voters of the .... |
| 14 | | party, and that their respective
residences are correctly |
| 15 | | stated, as above set forth.
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| 16 | | .........................
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| 17 | | Subscribed and sworn to before me on (insert date).
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| 18 | | .........................
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| 19 | | Each sheet of the petition other than the statement of |
| 20 | | candidacy and
candidate's statement shall be of uniform size |
| 21 | | and shall contain above
the space for signatures an appropriate |
| 22 | | heading giving the information
as to name of candidate or |
| 23 | | candidates, in whose behalf such petition is
signed; the |
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| 1 | | office, the political party represented and place of
residence; |
| 2 | | and the heading of each sheet shall be the same.
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| 3 | | Such petition shall be signed by qualified primary electors |
| 4 | | residing
in the political division for which the nomination is |
| 5 | | sought in their
own proper persons only and opposite the |
| 6 | | signature of each signer, his
residence address shall be |
| 7 | | written or printed. The residence address
required to be |
| 8 | | written or printed opposite each qualified primary elector's
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| 9 | | name shall include the street address or rural route number of |
| 10 | | the signer,
as the case may be, as well as the signer's county, |
| 11 | | and city, village or
town, and state.
However the county or |
| 12 | | city, village or town, and state of residence of
the electors |
| 13 | | may be printed on the petition forms where all of the
electors |
| 14 | | signing the petition reside in the same county or city, village
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| 15 | | or town, and state. Standard abbreviations may be used in |
| 16 | | writing the
residence address, including street number, if any. |
| 17 | | At the bottom of
each sheet of such petition shall be added a |
| 18 | | circulator statement signed by
a person 18 years of age or |
| 19 | | older who is a citizen of the United States,
stating the street |
| 20 | | address or rural route number, as the case may be, as well
as |
| 21 | | the county, city, village or town, and state;
and certifying |
| 22 | | that the signatures on that sheet of the petition were signed |
| 23 | | in
his or her presence and certifying that the signatures are |
| 24 | | genuine; and
either (1) indicating the dates on which that |
| 25 | | sheet was circulated, or (2)
indicating the first and last |
| 26 | | dates on which the sheet was circulated, or (3)
certifying that |
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| 1 | | none of the signatures on the sheet were signed more than 90
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| 2 | | days preceding the last day for the filing of the petition and |
| 3 | | certifying that
to the best of his or her knowledge and belief |
| 4 | | the persons so signing were at
the time of signing the |
| 5 | | petitions qualified voters of the political party for
which a |
| 6 | | nomination is sought. Such statement shall be sworn to before |
| 7 | | some
officer authorized to administer oaths in this State.
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| 8 | | No petition sheet shall be circulated more than 90 days |
| 9 | | preceding the
last day provided in Section 7-12 for the filing |
| 10 | | of such petition.
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| 11 | | The person circulating the petition, or the candidate on |
| 12 | | whose behalf the
petition is circulated, may strike any |
| 13 | | signature from the petition,
provided that:
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| 14 | | (1) the person striking the signature shall initial the |
| 15 | | petition at
the place where the signature is struck; and
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| 16 | | (2) the person striking the signature shall sign a |
| 17 | | certification
listing the page number and line number of |
| 18 | | each signature struck from
the petition. Such |
| 19 | | certification shall be filed as a part of the petition.
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| 20 | | Such sheets before being filed shall be neatly fastened |
| 21 | | together in
book form, by placing the sheets in a pile and |
| 22 | | fastening them together
at one edge in a secure and suitable |
| 23 | | manner, and the sheets shall then
be numbered consecutively. |
| 24 | | The sheets shall not be fastened by pasting
them together end |
| 25 | | to end, so as to form a continuous strip or roll. All
petition |
| 26 | | sheets which are filed with the proper local election |
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| 1 | | officials,
election authorities or the State Board of Elections |
| 2 | | shall be the original
sheets which have been signed by the |
| 3 | | voters and by the circulator thereof,
and not photocopies or |
| 4 | | duplicates of such sheets. Each petition must include
as a part |
| 5 | | thereof, a statement of candidacy for each of the candidates |
| 6 | | filing,
or in whose behalf the petition is filed. This |
| 7 | | statement shall set out the
address of such candidate and , the |
| 8 | | office for which he is a candidate; , shall state
that the |
| 9 | | candidate is a qualified primary voter of the party to which |
| 10 | | the
petition relates and is qualified for the office specified |
| 11 | | (in the case of a
candidate for State's Attorney it shall state |
| 12 | | that the candidate is at the time
of filing such statement a |
| 13 | | licensed attorney-at-law of this State); , shall state
that he |
| 14 | | has filed (or will file before the close of the petition filing |
| 15 | | period)
a statement of economic interests as required by the |
| 16 | | Illinois Governmental
Ethics Act; shall state that he or she is |
| 17 | | not barred from being elected or appointed to public office by |
| 18 | | subsection (c) of Section 7-5 of the State Officials and |
| 19 | | Employees Ethics Act; , shall request that the candidate's name |
| 20 | | be placed upon the official
ballot; , and shall be subscribed |
| 21 | | and sworn to by such candidate before some
officer authorized |
| 22 | | to take acknowledgment of deeds in the State and shall be in
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| 23 | | substantially the following form:
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| 24 | | Statement of Candidacy
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| 25 | | Name |
Address |
Office |
District |
Party |
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| 26 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
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| 3 | | State of Illinois)
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| 4 | | ) ss.
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| 5 | | County of .......)
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| 6 | | I, ...., being first duly sworn, say that I reside at .... |
| 7 | | Street in the city
(or village) of ...., in the county of ...., |
| 8 | | State of Illinois; that I
am a qualified voter therein and am a |
| 9 | | qualified primary voter of the ....
party; that I am a |
| 10 | | candidate for nomination (for election in the case of
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| 11 | | committeeman and delegates and alternate delegates) to the |
| 12 | | office of ....
to be voted upon at the primary election to be |
| 13 | | held on (insert date); that I am
legally qualified (including
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| 14 | | being the holder of any license that may be an eligibility |
| 15 | | requirement
for the office I seek the nomination for) to hold |
| 16 | | such office; that I am not barred from being elected or |
| 17 | | appointed to public office by subsection (c) of Section 7-5 of |
| 18 | | the State Officials and Employees Ethics Act; and that I
have |
| 19 | | filed (or I will file before the close of the petition filing |
| 20 | | period)
a statement of economic interests as required by the |
| 21 | | Illinois
Governmental Ethics Act and I hereby request that my |
| 22 | | name be printed
upon the official primary ballot for nomination |
| 23 | | for (or election to in
the case of committeemen and delegates |
| 24 | | and alternate delegates) such
office.
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| 25 | | Signed ......................
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| 1 | | Subscribed and sworn to (or affirmed) before me by ...., |
| 2 | | who is to me
personally known, on (insert date).
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| 3 | | Signed ....................
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| 4 | | (Official Character)
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| 5 | | (Seal, if officer has one.)
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| 6 | | The petitions, when filed, shall not be withdrawn or added |
| 7 | | to, and no
signatures shall be revoked except by revocation |
| 8 | | filed in writing with
the State Board of Elections, election |
| 9 | | authority or local election
official with whom the petition is |
| 10 | | required to be filed, and before the
filing of such petition. |
| 11 | | Whoever forges the name of a signer upon any
petition required |
| 12 | | by this Article is deemed guilty of a forgery and on
conviction |
| 13 | | thereof shall be punished accordingly.
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| 14 | | A candidate for the offices listed in this Section must |
| 15 | | obtain the number
of signatures specified in this Section on |
| 16 | | his or her petition for nomination.
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| 17 | | (a) Statewide office or delegate to a national nominating |
| 18 | | convention. If a
candidate seeks to run for statewide office or |
| 19 | | as a delegate or alternate
delegate to a national nominating |
| 20 | | convention elected from the State at-large,
then the |
| 21 | | candidate's petition for nomination must contain at least 5,000 |
| 22 | | but
not more than 10,000 signatures.
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| 23 | | (b) Congressional office or congressional delegate to a |
| 24 | | national nominating
convention. If a candidate seeks to run for |
| 25 | | United States Congress or as a
congressional delegate or |
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| 1 | | alternate congressional delegate to a national
nominating |
| 2 | | convention elected from a congressional district, then the
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| 3 | | candidate's petition for nomination must contain at least the |
| 4 | | number of
signatures equal to 0.5% of the qualified primary |
| 5 | | electors of his or her party
in his or her congressional |
| 6 | | district. In the first primary election following a
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| 7 | | redistricting of congressional districts, a candidate's |
| 8 | | petition for nomination
must contain at least 600 signatures of |
| 9 | | qualified primary electors of the
candidate's political party |
| 10 | | in his or her congressional district.
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| 11 | | (c) County office. If a candidate seeks to run for any |
| 12 | | countywide office,
including but not limited to county board |
| 13 | | chairperson or county board
member, elected on an at-large |
| 14 | | basis, in a county other than Cook County,
then the candidate's |
| 15 | | petition for nomination must contain at least the number
of |
| 16 | | signatures equal to 0.5% of the qualified electors of his or |
| 17 | | her party who
cast votes at the last preceding general election |
| 18 | | in his or her county. If a
candidate
seeks to run for county |
| 19 | | board member elected from a county board district, then
the |
| 20 | | candidate's petition for nomination must contain at least the |
| 21 | | number of
signatures equal to 0.5% of the qualified primary |
| 22 | | electors of his or her party
in the
county board district. In |
| 23 | | the first primary election following a redistricting
of county |
| 24 | | board districts or the initial establishment of county board
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| 25 | | districts, a candidate's petition for nomination must contain |
| 26 | | at least the
number of signatures equal to 0.5% of the |
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| 1 | | qualified electors of his or her
party
in the entire county who |
| 2 | | cast votes at the last preceding general election
divided by |
| 3 | | the
total number of county board districts comprising the |
| 4 | | county board; provided
that
in no event shall the number of |
| 5 | | signatures be less than 25.
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| 6 | | (d) County office; Cook County only.
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| 7 | | (1) If a candidate seeks to run for countywide office |
| 8 | | in Cook County,
then the candidate's petition for |
| 9 | | nomination must contain at least the number
of signatures |
| 10 | | equal to 0.5% of the qualified electors of his or her party |
| 11 | | who
cast votes at the last preceding general election in |
| 12 | | Cook County.
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| 13 | | (2) If a candidate seeks to run for Cook County Board |
| 14 | | Commissioner,
then the candidate's petition for nomination |
| 15 | | must contain at least the number
of signatures equal to |
| 16 | | 0.5% of
the qualified primary electors of his or her party |
| 17 | | in his or her county board
district. In the first primary |
| 18 | | election following a redistricting of Cook
County Board of |
| 19 | | Commissioners districts, a candidate's petition for
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| 20 | | nomination must contain at least the number of signatures |
| 21 | | equal to 0.5% of
the qualified electors of his or her party |
| 22 | | in the entire county who cast votes
at the last
preceding |
| 23 | | general election divided by the total number of county |
| 24 | | board
districts comprising the county board; provided that |
| 25 | | in no event shall the
number of signatures be less than 25.
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| 26 | | (3) If a candidate seeks to run for Cook County Board |
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| 1 | | of Review
Commissioner, which is elected from a district |
| 2 | | pursuant to subsection (c)
of Section 5-5 of the Property |
| 3 | | Tax Code, then the candidate's petition for
nomination must |
| 4 | | contain at least the number of signatures equal to 0.5% of
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| 5 | | the total number of registered voters in his or her board |
| 6 | | of
review district in the last general election at which a |
| 7 | | commissioner was
regularly scheduled to be elected from |
| 8 | | that board of review district. In no
event shall the number |
| 9 | | of signatures required be greater than the requisite
number |
| 10 | | for a candidate who seeks countywide office in Cook County
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| 11 | | under subsection (d)(1) of this Section. In the first |
| 12 | | primary election
following a redistricting of Cook County |
| 13 | | Board of Review districts, a
candidate's petition for |
| 14 | | nomination must contain at least 4,000 signatures
or at |
| 15 | | least the number of signatures required for a countywide |
| 16 | | candidate in
Cook County, whichever is less,
of the |
| 17 | | qualified electors of his or her party in the district.
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| 18 | | (e) Municipal or township office. If a candidate seeks to |
| 19 | | run for municipal
or township office, then the candidate's |
| 20 | | petition for nomination must contain
at least the number of |
| 21 | | signatures equal to 0.5% of the qualified primary
electors of |
| 22 | | his or her party in the municipality or township. If a |
| 23 | | candidate
seeks to run for alderman of a municipality, then the |
| 24 | | candidate's petition for
nomination must contain at least the |
| 25 | | number of signatures equal to 0.5% of the
qualified primary |
| 26 | | electors of his or her party of the ward. In the first
primary |
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| 1 | | election following redistricting of aldermanic wards or |
| 2 | | trustee
districts of a municipality or the initial |
| 3 | | establishment of wards or districts,
a candidate's petition for |
| 4 | | nomination must contain the number of signatures
equal to at |
| 5 | | least 0.5% of the total number of votes cast for the candidate |
| 6 | | of
that political party who received the highest number of |
| 7 | | votes in the entire
municipality at the last regular election |
| 8 | | at which an officer was regularly
scheduled to be elected from
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| 9 | | the entire municipality, divided by the number of wards or |
| 10 | | districts. In no
event shall the number of signatures be less |
| 11 | | than 25.
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| 12 | | (f) State central committeeperson. If a candidate seeks to |
| 13 | | run for State
central committeeperson, then the candidate's |
| 14 | | petition for nomination must
contain at least 100 signatures of |
| 15 | | the primary electors of his or her party of
his or
her |
| 16 | | congressional district.
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| 17 | | (g) Sanitary district trustee. If a candidate seeks to run |
| 18 | | for trustee of a
sanitary district in which trustees are not |
| 19 | | elected from wards, then the
candidate's petition for |
| 20 | | nomination must contain at least the number of
signatures equal |
| 21 | | to 0.5% of the primary electors of his or her party from the
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| 22 | | sanitary district. If a candidate seeks to run for trustee
of a |
| 23 | | sanitary district in which trustees are elected from wards, |
| 24 | | then the
candidate's petition for
nomination must contain at |
| 25 | | least the number of signatures equal to 0.5% of the
primary |
| 26 | | electors of his or her party in the ward of that sanitary |
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| 1 | | district. In
the
first primary election following |
| 2 | | redistricting of sanitary districts elected
from wards, a |
| 3 | | candidate's petition for nomination must contain at least the
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| 4 | | signatures of 150 qualified primary electors of his or her ward |
| 5 | | of that
sanitary district.
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| 6 | | (h) Judicial office. If a candidate seeks to run for |
| 7 | | judicial office in a district, then the candidate's petition |
| 8 | | for nomination must contain the number of signatures equal to |
| 9 | | 0.4% of the number of votes cast in that district for the |
| 10 | | candidate for his or her political party for the office of |
| 11 | | Governor at the last general election at which a Governor was |
| 12 | | elected, but in no event less than 500 signatures. If a |
| 13 | | candidate seeks to run for judicial office in a
circuit or |
| 14 | | subcircuit, then the candidate's petition for nomination
must |
| 15 | | contain the number of signatures equal to 0.25% of the number |
| 16 | | of votes
cast for the judicial candidate of his or her |
| 17 | | political party who received the
highest number of votes
at the |
| 18 | | last general election at which a judicial
officer from the same |
| 19 | | circuit or subcircuit was regularly scheduled
to be elected, |
| 20 | | but in no event less than 1,000 signatures in circuits and |
| 21 | | subcircuits located in the First Judicial District or 500 |
| 22 | | signatures in every other Judicial District.
|
| 23 | | (i) Precinct, ward, and township committeeperson. If a |
| 24 | | candidate seeks to
run for precinct committeeperson, then the |
| 25 | | candidate's petition for nomination
must contain at least 10 |
| 26 | | signatures of the primary electors of his or her
party for the |
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| 1 | | precinct. If a candidate seeks to run for ward committeeperson,
|
| 2 | | then the candidate's petition for nomination must contain no |
| 3 | | less than the
number of signatures equal to 10% of the primary |
| 4 | | electors of his or her party
of the ward, but no more than 16% |
| 5 | | of those same electors; provided that the
maximum number of |
| 6 | | signatures may be 50 more than the minimum number, whichever
is |
| 7 | | greater. If a candidate seeks to run for township |
| 8 | | committeeperson, then the
candidate's petition for nomination |
| 9 | | must contain no less than the number of
signatures equal to 5% |
| 10 | | of the primary electors of his or her party of the
township, |
| 11 | | but no more than 8% of those same electors;
provided that the |
| 12 | | maximum number of signatures may be 50 more than the
minimum |
| 13 | | number, whichever is greater.
|
| 14 | | (j) State's attorney or regional superintendent of schools |
| 15 | | for multiple
counties. If
a candidate seeks to run for State's |
| 16 | | attorney or regional Superintendent of
Schools who serves more |
| 17 | | than one county, then the candidate's petition for
nomination |
| 18 | | must contain at least the number of signatures equal to 0.5% of |
| 19 | | the
primary electors of his or her party in the territory |
| 20 | | comprising the counties.
|
| 21 | | (k) Any other office. If a candidate seeks any other |
| 22 | | office, then the
candidate's petition for nomination must |
| 23 | | contain at least the number of
signatures equal to 0.5% of the |
| 24 | | registered voters of the political subdivision,
district, or |
| 25 | | division for which the nomination is made or 25 signatures,
|
| 26 | | whichever is greater.
|
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| | SB3496 | - 17 - | LRB098 19686 OMW 55515 b |
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| 1 | | For purposes of this Section the number of primary electors |
| 2 | | shall be
determined by taking the total vote cast, in the |
| 3 | | applicable district, for the
candidate for that political party |
| 4 | | who received the highest number of votes,
statewide, at the |
| 5 | | last general election in the State at which electors for
|
| 6 | | President of the United States were elected. For political |
| 7 | | subdivisions, the
number of primary electors shall be |
| 8 | | determined by taking the total vote
cast for the candidate for |
| 9 | | that political party who received the highest number
of votes |
| 10 | | in the political subdivision at the last regular election at |
| 11 | | which an
officer was regularly scheduled to be elected from |
| 12 | | that subdivision. For wards
or districts of political |
| 13 | | subdivisions, the number of primary electors shall be
|
| 14 | | determined by taking the total vote cast for the candidate for |
| 15 | | that political
party who received the highest number of votes |
| 16 | | in the ward or district at the
last regular election at which |
| 17 | | an officer was regularly scheduled to be elected
from that ward |
| 18 | | or district.
|
| 19 | | A "qualified primary elector" of a party may not
sign |
| 20 | | petitions for or be a candidate in the primary of more than
one |
| 21 | | party.
|
| 22 | | The changes made to this Section of this amendatory Act of |
| 23 | | the 93rd General
Assembly are declarative of existing law, |
| 24 | | except for item (3) of subsection
(d).
|
| 25 | | Petitions of candidates for nomination for offices herein |
| 26 | | specified,
to be filed with the same officer, may contain the |
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|
| 1 | | names of 2 or more
candidates of the same political party for |
| 2 | | the same or different
offices. In the case of the offices of |
| 3 | | Governor and Lieutenant Governor, a joint petition including |
| 4 | | one candidate for each of those offices must be filed.
|
| 5 | | (Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
|
| 6 | | (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
|
| 7 | | Sec. 8-8. Form of petition for nomination. The name of no |
| 8 | | candidate for nomination shall be printed
upon the primary |
| 9 | | ballot unless a petition for nomination shall have been
filed |
| 10 | | in his behalf as provided for in this Section. Each such |
| 11 | | petition
shall include as a part thereof the oath required by |
| 12 | | Section 7-10.1 of
this Act and a statement of candidacy by the |
| 13 | | candidate filing or in
whose behalf the petition is filed. This |
| 14 | | statement shall set out the
address of such candidate, the |
| 15 | | office for which he is a candidate, shall
state that the |
| 16 | | candidate is a qualified primary voter of the party to
which |
| 17 | | the petition relates, is qualified for the office specified, is |
| 18 | | not barred from being elected or appointed to public office by |
| 19 | | subsection (c) of Section 7-5 of the State Officials and |
| 20 | | Employees Ethics Act, and
has filed a statement of economic |
| 21 | | interests as required by the Illinois
Governmental Ethics Act, |
| 22 | | shall request that the candidate's name be
placed upon the |
| 23 | | official ballot and shall be subscribed and sworn by
such |
| 24 | | candidate before some officer authorized to take |
| 25 | | acknowledgment of
deeds in this State and may be in |
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| | SB3496 | - 19 - | LRB098 19686 OMW 55515 b |
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| 1 | | substantially the following form:
|
| 2 | | State of Illinois)
|
| 3 | | ) ss.
|
| 4 | | County ..........)
|
| 5 | | I, ...., being first duly sworn, say that I reside at .... |
| 6 | | street in
the city (or village of) .... in the county of .... |
| 7 | | State of Illinois;
that I am a qualified voter therein and am a |
| 8 | | qualified primary voter of
.... party; that I am a candidate |
| 9 | | for nomination to the office of ....
to be voted upon at the |
| 10 | | primary election to be held on (insert date);
that I am legally |
| 11 | | qualified to hold such office; that I am not barred from being |
| 12 | | elected or appointed to public office by subsection (c) of |
| 13 | | Section 7-5 of the State Officials and Employees Ethics Act; |
| 14 | | and
that I have filed a statement of economic interests as |
| 15 | | required by the
Illinois Governmental Ethics Act and I hereby |
| 16 | | request that my name be
printed upon the official primary |
| 17 | | ballot for nomination for such office.
|
| 18 | | Signed ....................
|
| 19 | | Subscribed and sworn to (or affirmed) before me by ...., |
| 20 | | who is to me
personally known, on (insert date).
|
| 21 | | Signed .... (Official Character)
|
| 22 | | (Seal if officer has one.)
|
| 23 | | The receipt issued by the Secretary of State indicating |
| 24 | | that the candidate has filed the statement of economic |
| 25 | | interests required by the Illinois Governmental Ethics Act must |
| 26 | | be filed with the petitions for nomination as provided in |
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| | SB3496 | - 20 - | LRB098 19686 OMW 55515 b |
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|
| 1 | | subsection (8) of Section 7-12 of this Code.
|
| 2 | | All petitions for nomination for the office of State |
| 3 | | Senator shall be signed
by at least 1,000 but not more than |
| 4 | | 3,000 of the qualified primary electors of
the candidate's |
| 5 | | party in his legislative district.
|
| 6 | | All petitions for nomination for the office of |
| 7 | | Representative in the General
Assembly shall be signed by at |
| 8 | | least 500 but not more than 1,500 of
the qualified primary |
| 9 | | electors of the candidate's party in his or her
representative |
| 10 | | district.
|
| 11 | | Opposite the signature of each qualified primary elector |
| 12 | | who signs a
petition for nomination for the office of State |
| 13 | | Representative or State
Senator such elector's residence |
| 14 | | address shall be written or printed. The
residence address |
| 15 | | required to be written or printed opposite each qualified
|
| 16 | | primary elector's name shall include the street address or |
| 17 | | rural route
number of the signer, as the case may be, as well |
| 18 | | as the signer's county
and city, village or town.
|
| 19 | | For the purposes of this Section, the number of primary |
| 20 | | electors shall
be determined by taking the total vote cast, in |
| 21 | | the applicable district,
for the candidate for such political |
| 22 | | party who received the highest number
of votes, state-wide, at |
| 23 | | the last general election in the State at which
electors for |
| 24 | | President of the United States were elected.
|
| 25 | | A "qualified primary elector" of a party may not sign |
| 26 | | petitions for or be a
candidate in the primary of more than one |
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| 1 | | party.
|
| 2 | | In the affidavit at the bottom of each sheet, the petition |
| 3 | | circulator,
who shall be a person 18 years of age or older who |
| 4 | | is a citizen of the United
States, shall state his or her |
| 5 | | street address or rural route
number, as the
case may be, as |
| 6 | | well as his or her county, city, village or
town, and state; |
| 7 | | and
shall certify that the signatures on that sheet of the |
| 8 | | petition were signed in
his or her presence; and shall certify |
| 9 | | that the signatures are genuine; and
shall certify
that to the |
| 10 | | best of his or her knowledge and belief the persons so signing |
| 11 | | were
at the time of signing the petition qualified primary |
| 12 | | voters for which the
nomination is sought.
|
| 13 | | In the affidavit at the bottom of each petition sheet, the |
| 14 | | petition
circulator shall either (1) indicate the dates on |
| 15 | | which he or she
circulated that sheet, or (2) indicate the |
| 16 | | first and last dates on which
the sheet was circulated, or (3) |
| 17 | | certify that none of the signatures on the
sheet were signed |
| 18 | | more than 90 days preceding the last day for the filing
of the |
| 19 | | petition. No petition sheet shall be circulated more than 90 |
| 20 | | days
preceding the last day provided in Section 8-9 for the |
| 21 | | filing of such petition.
|
| 22 | | All petition sheets which are filed with the State Board of |
| 23 | | Elections shall
be the original sheets which have been signed |
| 24 | | by the voters and by the
circulator, and not photocopies or |
| 25 | | duplicates of such sheets.
|
| 26 | | The person circulating the petition, or the candidate on |
|
| | SB3496 | - 22 - | LRB098 19686 OMW 55515 b |
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|
| 1 | | whose behalf
the petition is circulated, may strike any |
| 2 | | signature from the petition,
provided that:
|
| 3 | | (1) the person striking the signature shall initial the |
| 4 | | petition at
the place where the signature is struck; and
|
| 5 | | (2) the person striking the signature shall sign a |
| 6 | | certification
listing the page number and line number of |
| 7 | | each signature struck from
the petition. Such |
| 8 | | certification shall be filed as a part of the petition.
|
| 9 | | (Source: P.A. 97-81, eff. 7-5-11.)
|
| 10 | | (10 ILCS 5/10-5) (from Ch. 46, par. 10-5)
|
| 11 | | Sec. 10-5.
All petitions for nomination shall,
besides |
| 12 | | containing the names of candidates, specify as to each:
|
| 13 | | 1. The office or offices to which such candidate or |
| 14 | | candidates shall
be nominated.
|
| 15 | | 2. The new political party, if any, represented, expressed |
| 16 | | in not more than 5
words. However, such party shall not bear |
| 17 | | the same name as, nor include
the name of any established |
| 18 | | political party as defined in this Article.
This prohibition |
| 19 | | does not preclude any established political party from
making |
| 20 | | nominations in those cases in which it is authorized to do so.
|
| 21 | | 3. The place of residence of any such candidate or |
| 22 | | candidates with
the street and number thereof, if any. In the |
| 23 | | case of electors for
President and Vice-President of the United |
| 24 | | States, the names of
candidates for President and |
| 25 | | Vice-President may be added to the party
name or appellation.
|
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| | SB3496 | - 23 - | LRB098 19686 OMW 55515 b |
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| 1 | | Such certificate of nomination or nomination papers in |
| 2 | | addition shall
include as a part thereof, the oath required by |
| 3 | | Section 7-10.1 of this
Act and must include a statement of |
| 4 | | candidacy for each of the candidates named
therein, except |
| 5 | | candidates for electors for President and Vice-President
of the |
| 6 | | United States. Each such statement shall set out the address of
|
| 7 | | such candidate, the office for which he is a candidate, shall |
| 8 | | state that
the candidate is qualified for the office specified, |
| 9 | | is not barred from being elected or appointed to public office |
| 10 | | by subsection (c) of Section 7-5 of the State Officials and |
| 11 | | Employees Ethics Act, and has filed (or will
file before the |
| 12 | | close of the petition filing period) a
statement of economic |
| 13 | | interests as required by the Illinois Governmental
Ethics Act, |
| 14 | | shall request that the candidate's name be placed upon the
|
| 15 | | official ballot and shall be subscribed and sworn to by such |
| 16 | | candidate
before some officer authorized to take |
| 17 | | acknowledgments of deeds in this
State, and may be in |
| 18 | | substantially the following form:
|
| 19 | | State of Illinois)
|
| 20 | | ) SS.
|
| 21 | | County of........)
|
| 22 | | I,...., being first duly sworn, say that I reside at.... |
| 23 | | street, in
the city (or village) of.... in the county of.... |
| 24 | | State of Illinois;
and that I am a qualified voter therein; |
| 25 | | that I am a candidate for
election to the office of.... to be |
| 26 | | voted upon at the election to be
held on the.... day |
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| | SB3496 | - 24 - | LRB098 19686 OMW 55515 b |
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|
| 1 | | of....,.....; and that I am legally qualified
to hold such |
| 2 | | office; that I am not barred from being elected or appointed to |
| 3 | | public office by subsection (c) of Section 7-5 of the State |
| 4 | | Officials and Employees Ethics Act; and that I have filed (or |
| 5 | | will file before the close
of the petition filing period) a |
| 6 | | statement of economic
interests as required by the Illinois |
| 7 | | Governmental Ethics Act, and I
hereby request that my name be |
| 8 | | printed upon the official ballot for
election to such office.
|
| 9 | | Signed.................
|
| 10 | | Subscribed and sworn to (or affirmed) before me by.... who |
| 11 | | is to me
personally known, this.... day of....,......
|
| 12 | | Signed.................
|
| 13 | | (Official Character)
|
| 14 | | (Seal, if officer has one.)
|
| 15 | | In addition, a new political party petition shall have |
| 16 | | attached thereto
a certificate stating the names and addresses |
| 17 | | of the party officers authorized
to fill vacancies in |
| 18 | | nomination pursuant to Section 10-11.
|
| 19 | | Nomination papers filed under this Section are not valid if |
| 20 | | the
candidate named therein fails to file a statement of |
| 21 | | economic interests
as required by the Illinois Governmental |
| 22 | | Ethics Act in relation to his
candidacy with the appropriate |
| 23 | | officer by the end of the period for the
filing of nomination |
| 24 | | papers unless he has filed a statement of economic
interests in |
| 25 | | relation to the same governmental unit with that officer
during |
| 26 | | the same calendar year as the year in which such nomination
|
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| | SB3496 | - 25 - | LRB098 19686 OMW 55515 b |
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|
| 1 | | papers were filed. If the nomination papers of any candidate |
| 2 | | and the
statement of economic interest of that candidate are |
| 3 | | not required to be
filed with the same officer, the candidate |
| 4 | | must file with the officer
with whom the nomination papers are |
| 5 | | filed a receipt from the officer
with whom the statement of |
| 6 | | economic interests is filed showing the date
on which such |
| 7 | | statement was filed. Such receipt shall be so filed not
later |
| 8 | | than the last day on which nomination papers may be filed.
|
| 9 | | (Source: P.A. 84-551.)
|
| 10 | | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
|
| 11 | | Sec. 10-8.
Certificates of nomination and nomination |
| 12 | | papers, and
petitions to submit public questions to a |
| 13 | | referendum, being filed as
required by this Code, and being in |
| 14 | | apparent conformity with the
provisions of this Act, shall be |
| 15 | | deemed to be valid unless objection
thereto is duly made in |
| 16 | | writing within 5 business days after the last day for
filing |
| 17 | | the certificate of nomination or nomination papers or petition
|
| 18 | | for a public question, with the following exceptions:
|
| 19 | | A. In the case of petitions to amend Article IV of the
|
| 20 | | Constitution of the State of Illinois, there shall be a |
| 21 | | period of 35
business days after the last day for the |
| 22 | | filing of such
petitions in which objections can be filed.
|
| 23 | | B. In the case of petitions for advisory questions of |
| 24 | | public policy to be
submitted to the voters of the entire |
| 25 | | State, there shall be a period of
35 business days after |
|
| | SB3496 | - 26 - | LRB098 19686 OMW 55515 b |
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|
|
| 1 | | the last day for the filing of such
petitions in which |
| 2 | | objections can be filed.
|
| 3 | | Notwithstanding any other provision of law to the contrary, |
| 4 | | the electoral board designated in Section 10-9 for the purpose |
| 5 | | of hearing and passing upon objector's petitions shall |
| 6 | | independently verify that no candidate under its jurisdiction |
| 7 | | is barred from being elected or appointed under subsection (c) |
| 8 | | of Section 7-5 of the State Officials and Employees Ethics Act. |
| 9 | | If the electoral board finds that a candidate is barred from |
| 10 | | being elected or appointed under subsection (c) of Section 7-5 |
| 11 | | of the State Officials and Employees Ethics Act, then that |
| 12 | | candidate shall be removed from the ballot regardless of |
| 13 | | whether or not an objection has been filed. Such a finding by |
| 14 | | the electoral board is subject to judicial review as provided |
| 15 | | in Section 10-10.1. |
| 16 | | Any legal voter of the political subdivision or district in |
| 17 | | which the
candidate or public question is to be voted on, or |
| 18 | | any legal voter in
the State in the case of a proposed |
| 19 | | amendment to Article IV of the
Constitution or an advisory |
| 20 | | public question to be submitted to the
voters of the entire |
| 21 | | State, having objections to any certificate of nomination
or |
| 22 | | nomination papers or petitions filed, shall file an objector's |
| 23 | | petition
together with a copy thereof in the principal office |
| 24 | | or the permanent branch
office of the State Board of Elections, |
| 25 | | or in the office of the election
authority or local election |
| 26 | | official with whom the certificate of
nomination, nomination |
|
| | SB3496 | - 27 - | LRB098 19686 OMW 55515 b |
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|
|
| 1 | | papers or petitions are on file.
In the case of nomination |
| 2 | | papers or certificates of nomination,
the State Board of |
| 3 | | Elections, election authority or local election official
shall |
| 4 | | note the day and hour upon which such objector's
petition is |
| 5 | | filed, and shall, not later than 12:00
noon on the second |
| 6 | | business day after receipt of the
petition, transmit by |
| 7 | | registered mail or receipted
personal delivery the certificate |
| 8 | | of nomination or nomination papers and
the original objector's |
| 9 | | petition to the chairman of the proper electoral
board |
| 10 | | designated in Section 10-9 hereof, or his authorized agent, and
|
| 11 | | shall transmit a copy by registered mail or receipted personal |
| 12 | | delivery
of the objector's petition, to the candidate whose |
| 13 | | certificate of nomination
or nomination papers are objected to, |
| 14 | | addressed to the place of residence
designated in said |
| 15 | | certificate of nomination or nomination papers. In the
case of |
| 16 | | objections to a petition for a proposed amendment to Article IV |
| 17 | | of
the Constitution or for an advisory public question to be |
| 18 | | submitted to the
voters of the entire State, the State Board of |
| 19 | | Elections shall note the day
and hour upon which such |
| 20 | | objector's petition is filed and shall transmit a
copy of the |
| 21 | | objector's petition by registered mail or receipted personal
|
| 22 | | delivery to the person designated on a certificate attached to |
| 23 | | the petition
as the principal proponent of such proposed |
| 24 | | amendment or public question,
or as the proponents' attorney, |
| 25 | | for the purpose of receiving notice of
objections. In the case |
| 26 | | of objections to a petition for a public question,
to be |
|
| | SB3496 | - 28 - | LRB098 19686 OMW 55515 b |
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|
|
| 1 | | submitted to the voters of a political subdivision, or district
|
| 2 | | thereof, the election authority or local election official with |
| 3 | | whom such
petition is filed shall note the day and hour upon |
| 4 | | which such
objector's petition was filed, and shall, not later |
| 5 | | than 12:00 noon on the
second business day after receipt of the |
| 6 | | petition,
transmit by registered mail or receipted personal |
| 7 | | delivery
the petition for the public question and the original |
| 8 | | objector's petition
to the chairman of the proper electoral |
| 9 | | board designated in Section 10-9
hereof, or his authorized |
| 10 | | agent, and shall transmit a copy by
registered mail or |
| 11 | | receipted personal delivery, of the objector's petition
to the |
| 12 | | person designated on a certificate attached to the petition as |
| 13 | | the
principal proponent of the public question, or as the |
| 14 | | proponent's attorney,
for the purposes of receiving notice of |
| 15 | | objections.
|
| 16 | | The objector's petition shall give the objector's name and |
| 17 | | residence
address, and shall state fully the nature of the |
| 18 | | objections to the
certificate of nomination or nomination |
| 19 | | papers or petitions in question,
and shall state the interest |
| 20 | | of the objector and shall state what relief
is requested of the |
| 21 | | electoral board.
|
| 22 | | The provisions of this Section and of Sections 10-9, 10-10 |
| 23 | | and
10-10.1 shall also apply to and govern objections to |
| 24 | | petitions for
nomination filed under Article 7 or Article 8, |
| 25 | | except as otherwise
provided in Section 7-13 for cases to which |
| 26 | | it is applicable, and also
apply to and govern petitions for |