Bill Text: IL SB3568 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that the classification as established political parties applies to the State and any congressional district, county, township, sanitary district, and judicial office. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3568 Detail]

Download: Illinois-2013-SB3568-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3568 Introduced 2/14/2014, by Sen. Daniel Biss SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-2 from Ch. 46, par. 7-2
10 ILCS 5/10-2 from Ch. 46, par. 10-2
Amends the Election Code. Provides that the classification as established political parties applies to the State and any congressional district, county, township, sanitary district, and judicial office. Effective immediately.
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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 7-2 and 10-2 as follows:
(10 ILCS 5/7-2) (from Ch. 46, par. 7-2)
Sec. 7-2. A political party, which at the general election
for State and county officers then next preceding a primary,
polled more than 5% 5 per cent of the entire vote cast in the
State, is hereby declared to be a political party within the
State, and shall nominate all State, congressional, county,
township, sanitary district, and judicial candidates provided
for in this Article 7 under the provisions hereof, and shall
elect precinct, township, ward and State central committeemen
as herein provided.
A political party, which at the general election for State
and county officers then next preceding a primary, cast more
than 5 per cent of the entire vote cast within any
congressional district, is hereby declared to be a political
party within the meaning of this Article, within such
congressional district, and shall nominate its candidate for
Representative in Congress, under the provisions hereof. A
political party, which at the general election for State and

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county officers then next preceding a primary, cast more than 5
per cent of the entire vote cast in any county, is hereby
declared to be a political party within the meaning of this
Article, within said county, and shall nominate all county
officers in said county under the provisions hereof, and shall
elect precinct, township, and ward committeemen, as herein
provided;
A political party, which at the municipal election for
city, village or incorporated town officers then next preceding
a primary, cast more than 5 per cent of the entire vote cast in
any city or village, or incorporated town is hereby declared to
be a political party within the meaning of this Article, within
said city, village or incorporated town, and shall nominate all
city, village or incorporated town officers in said city or
village or incorporated town under the provisions hereof to the
extent and in the cases provided in Section 7-1.
A political party, which at the municipal election for town
officers then next preceding a primary, cast more than 5 per
cent of the entire vote cast in said town, is hereby declared
to be a political party within the meaning of this Article,
within said town, and shall nominate all town officers in said
town under the provisions hereof to the extent and in the cases
provided in Section 7-1.
A political party, which at the municipal election in any
other municipality or political subdivision, (except townships
and school districts), for municipal or other officers therein

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then next preceding a primary, cast more than 5 per cent of the
entire vote cast in such municipality or political subdivision,
is hereby declared to be a political party within the meaning
of this Article, within said municipality or political
subdivision, and shall nominate all municipal or other officers
therein under the provisions hereof to the extent and in the
cases provided in Section 7-1.
Provided, that no political organization or group shall be
qualified as a political party hereunder, or given a place on a
ballot, which organization or group is associated, directly or
indirectly, with Communist, Fascist, Nazi or other un-American
principles and engages in activities or propaganda designed to
teach subservience to the political principles and ideals of
foreign nations or the overthrow by violence of the established
constitutional form of government of the United States and the
State of Illinois.
(Source: Laws 1943, vol. 2, p. 1.)
(10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
Sec. 10-2. The term "political party", as hereinafter used
in this Article 10, shall mean any "established political
party", as hereinafter defined and shall also mean any
political group which shall hereafter undertake to form an
established political party in the manner provided for in this
Article 10: Provided, that no political organization or group
shall be qualified as a political party hereunder, or given a

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place on a ballot, which organization or group is associated,
directly or indirectly, with Communist, Fascist, Nazi or other
un-American principles and engages in activities or propaganda
designed to teach subservience to the political principles and
ideals of foreign nations or the overthrow by violence of the
established constitutional form of government of the United
States and the State of Illinois.
A political party which, at the last general election for
State and county officers, polled for its candidate for
Governor more than 5% of the entire vote cast for Governor, is
hereby declared to be an "established political party" as to
the State and any congressional district, county, township,
sanitary district, and judicial office as to any district or
political subdivision thereof.
A political party which, at the last election in any
congressional district, legislative district, county,
township, municipality or other political subdivision or
district in the State, polled more than 5% of the entire vote
cast within such territorial area or political subdivision, as
the case may be, has voted as a unit for the election of
officers to serve the respective territorial area of such
district or political subdivision, is hereby declared to be an
"established political party" within the meaning of this
Article as to such district or political subdivision.
Any group of persons hereafter desiring to form a new
political party throughout the State, or in any congressional,

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legislative or judicial district, or in any other district or
in any political subdivision (other than a municipality) not
entirely within a single county, shall file with the State
Board of Elections a petition, as hereinafter provided; and any
such group of persons hereafter desiring to form a new
political party within any county shall file such petition with
the county clerk; and any such group of persons hereafter
desiring to form a new political party within any municipality
or township or within any district of a unit of local
government other than a county shall file such petition with
the local election official or Board of Election Commissioners
of such municipality, township or other unit of local
government, as the case may be. Any such petition for the
formation of a new political party throughout the State, or in
any such district or political subdivision, as the case may be,
shall declare as concisely as may be the intention of the
signers thereof to form such new political party in the State,
or in such district or political subdivision; shall state in
not more than 5 words the name of such new political party;
shall at the time of filing contain a complete list of
candidates of such party for all offices to be filled in the
State, or such district or political subdivision as the case
may be, at the next ensuing election then to be held; and, if
such new political party shall be formed for the entire State,
shall be signed by 1% of the number of voters who voted at the
next preceding Statewide general election or 25,000 qualified

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voters, whichever is less. If such new political party shall be
formed for any district or political subdivision less than the
entire State, such petition shall be signed by qualified voters
equaling in number not less than 5% of the number of voters who
voted at the next preceding regular election in such district
or political subdivision in which such district or political
subdivision voted as a unit for the election of officers to
serve its respective territorial area. However, whenever the
minimum signature requirement for a district or political
subdivision new political party petition shall exceed the
minimum number of signatures for State-wide new political party
petitions at the next preceding State-wide general election,
such State-wide petition signature requirement shall be the
minimum for such district or political subdivision new
political party petition.
For the first election following a redistricting of
congressional districts, a petition to form a new political
party in a congressional district shall be signed by at least
5,000 qualified voters of the congressional district. For the
first election following a redistricting of legislative
districts, a petition to form a new political party in a
legislative district shall be signed by at least 3,000
qualified voters of the legislative district. For the first
election following a redistricting of representative
districts, a petition to form a new political party in a
representative district shall be signed by at least 1,500

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qualified voters of the representative district.
For the first election following redistricting of county
board districts, or of municipal wards or districts, or for the
first election following the initial establishment of such
districts or wards in a county or municipality, a petition to
form a new political party in a county board district or in a
municipal ward or district shall be signed by qualified voters
of the district or ward equal to not less than 5% of the total
number of votes cast at the preceding general or municipal
election, as the case may be, for the county or municipal
office voted on throughout the county or municipality for which
the greatest total number of votes were cast for all
candidates, divided by the number of districts or wards, but in
any event not less than 25 qualified voters of the district or
ward.
In the case of a petition to form a new political party
within a political subdivision in which officers are to be
elected from districts and at-large, such petition shall
consist of separate components for each district from which an
officer is to be elected. Each component shall be circulated
only within a district of the political subdivision and signed
only by qualified electors who are residents of such district.
Each sheet of such petition must contain a complete list of the
names of the candidates of the party for all offices to be
filled in the political subdivision at large, but the sheets
comprising each component shall also contain the names of those

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candidates to be elected from the particular district. Each
component of the petition for each district from which an
officer is to be elected must be signed by qualified voters of
the district equalling in number not less than 5% of the number
of voters who voted at the next preceding regular election in
such district at which an officer was elected to serve the
district. The entire petition, including all components, must
be signed by a total of qualified voters of the entire
political subdivision equalling in number not less than 5% of
the number of voters who voted at the next preceding regular
election in such political subdivision at which an officer was
elected to serve the political subdivision at large.
The filing of such petition shall constitute the political
group a new political party, for the purpose only of placing
upon the ballot at such next ensuing election such list or an
adjusted list in accordance with Section 10-11, of party
candidates for offices to be voted for throughout the State, or
for offices to be voted for in such district or political
subdivision less than the State, as the case may be, under the
name of and as the candidates of such new political party.
If, at such ensuing election, the new political party's
candidate for Governor shall receive more than 5% of the entire
votes cast for Governor, then such new political party shall
become an "established political party" as to the State and any
congressional district, county, township, sanitary district,
and judicial office as to every district or political

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subdivision thereof. If, at such ensuing election, the other
candidates of the new political party, or any other candidate
or candidates of the new political party shall receive more
than 5% of all the votes cast for the office or offices for
which they were candidates at such election, in the State, or
in any district or political subdivision, as the case may be,
then and in that event, such new political party shall become
an "established political party" within the State or within
such district or political subdivision less than the State, as
the case may be, in which such candidate or candidates received
more than 5% of the votes cast for the office or offices for
which they were candidates. It shall thereafter nominate its
candidates for public offices to be filled in the State, or
such district or political subdivision, as the case may be,
under the provisions of the laws regulating the nomination of
candidates of established political parties at primary
elections and political party conventions, as now or hereafter
in force.
A political party which continues to receive for its
candidate for Governor more than 5% of the entire vote cast for
Governor, shall remain an "established political party" as to
the State and any congressional district, county, township,
sanitary district, and judicial office as to every district or
political subdivision thereof. But if the political party's
candidate for Governor fails to receive more than 5% of the
entire vote cast for Governor, or if the political party does

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not nominate a candidate for Governor, the political party
shall remain an "established political party" within the State
or within such district or political subdivision less than the
State, as the case may be, only so long as, and only in those
districts or political subdivisions in which, the candidates of
that political party, or any candidate or candidates of that
political party, continue to receive more than 5% of all the
votes cast for the office or offices for which they were
candidates at succeeding general or consolidated elections
within the State or within any district or political
subdivision, as the case may be.
Any such petition shall be filed at the same time and shall
be subject to the same requirements and to the same provisions
in respect to objections thereto and to any hearing or hearings
upon such objections that are hereinafter in this Article 10
contained in regard to the nomination of any other candidate or
candidates by petition. If any such new political party shall
become an "established political party" in the manner herein
provided, the candidate or candidates of such new political
party nominated by the petition hereinabove referred to for
such initial election, shall have power to select any such
party committeeman or committeemen as shall be necessary for
the creation of a provisional party organization and
provisional managing committee or committees for such party
within the State, or in any district or political subdivision
in which the new political party has become established; and

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the party committeeman or committeemen so selected shall
constitute a provisional party organization for the new
political party and shall have and exercise the powers
conferred by law upon any party committeeman or committeemen to
manage and control the affairs of such new political party
until the next ensuing primary election at which the new
political party shall be entitled to nominate and elect any
party committeeman or committeemen in the State, or in such
district or political subdivision under any parts of this Act
relating to the organization of political parties.
A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at the primary election, is
ineligible for nomination as a candidate of a new political
party for election in that general election.
(Source: P.A. 86-875.)
Section 99. Effective date. This Act takes effect upon
becoming law.