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Illinois House Bill HB4361

Illinois 2023-2024 Regular Session

Illinois House Bill HB4361 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4361 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 10 ILCS 5/7-5 from Ch. 46, par. 7-510 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 35660 AWJ 65735 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4361 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 10 ILCS 5/7-5 from Ch. 46, par. 7-510 ILCS 5/7-12 from Ch. 46, par. 7-12 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 35660 AWJ 65735 b LRB103 35660 AWJ 65735 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4361 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
33 10 ILCS 5/7-5 from Ch. 46, par. 7-510 ILCS 5/7-12 from Ch. 46, par. 7-12 10 ILCS 5/7-5 from Ch. 46, par. 7-5 10 ILCS 5/7-12 from Ch. 46, par. 7-12
44 10 ILCS 5/7-5 from Ch. 46, par. 7-5
55 10 ILCS 5/7-12 from Ch. 46, par. 7-12
66 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).
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1212 1 AN ACT concerning elections.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Election Code is amended by changing
1616 5 Sections 7-5 and 7-12 as follows:
1717 6 (10 ILCS 5/7-5) (from Ch. 46, par. 7-5)
1818 7 Sec. 7-5. (a) Primary elections shall be held on the dates
1919 8 prescribed in Article 2A.
2020 9 (b) Notwithstanding the provisions of any other statute,
2121 10 no primary shall be held for an established political party in
2222 11 any township, municipality, or ward thereof, where the
2323 12 nomination of such party for every office to be voted upon by
2424 13 the electors of such township, municipality, or ward thereof,
2525 14 is uncontested. Whenever a political party's nomination of
2626 15 candidates is uncontested as to one or more, but not all, of
2727 16 the offices to be voted upon by the electors of a township,
2828 17 municipality, or ward thereof, then a primary shall be held
2929 18 for that party in such township, municipality, or ward
3030 19 thereof; provided that the primary ballot shall not include
3131 20 those offices within such township, municipality, or ward
3232 21 thereof, for which the nomination is uncontested. For purposes
3333 22 of this Article, the nomination of an established political
3434 23 party of a candidate for election to an office shall be deemed
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4361 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
3939 10 ILCS 5/7-5 from Ch. 46, par. 7-510 ILCS 5/7-12 from Ch. 46, par. 7-12 10 ILCS 5/7-5 from Ch. 46, par. 7-5 10 ILCS 5/7-12 from Ch. 46, par. 7-12
4040 10 ILCS 5/7-5 from Ch. 46, par. 7-5
4141 10 ILCS 5/7-12 from Ch. 46, par. 7-12
4242 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).
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7171 1 to be uncontested where not more than the number of persons to
7272 2 be nominated have timely filed valid nomination papers seeking
7373 3 the nomination of such party for election to such office.
7474 4 (c) Notwithstanding the provisions of any other statute,
7575 5 no primary election shall be held for an established political
7676 6 party for any special primary election called for the purpose
7777 7 of filling a vacancy in the office of representative in the
7878 8 United States Congress where the nomination of such political
7979 9 party for said office is uncontested. For the purposes of this
8080 10 Article, the nomination of an established political party of a
8181 11 candidate for election to said office shall be deemed to be
8282 12 uncontested where not more than the number of persons to be
8383 13 nominated have timely filed valid nomination papers seeking
8484 14 the nomination of such established party for election to said
8585 15 office. This subsection (c) shall not apply if such primary
8686 16 election is conducted on a regularly scheduled election day.
8787 17 (d) Notwithstanding the provisions in subsection (b) and
8888 18 (c) of this Section, whenever a person who has not timely filed
8989 19 valid nomination papers and who intends to become a write-in
9090 20 candidate for a political party's nomination for any office
9191 21 for which the nomination is uncontested files a written
9292 22 statement or notice of that intent with the State Board of
9393 23 Elections or the local election official where the candidate
9494 24 is seeking to appear on the ballot with whom nomination papers
9595 25 for such office are filed, a primary ballot shall be prepared
9696 26 and a primary shall be held for that office. Such statement or
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107107 1 notice shall be filed on or before the date established in this
108108 2 Article for certifying candidates for the primary ballot. Such
109109 3 statement or notice shall contain (i) the name and address of
110110 4 the person intending to become a write-in candidate, (ii) a
111111 5 statement that the person is a qualified primary elector of
112112 6 the political party from whom the nomination is sought, (iii)
113113 7 a statement that the person intends to become a write-in
114114 8 candidate for the party's nomination, and (iv) the office the
115115 9 person is seeking as a write-in candidate. An election
116116 10 authority shall have no duty to conduct a primary and prepare a
117117 11 primary ballot for any office for which the nomination is
118118 12 uncontested, unless a statement or notice meeting the
119119 13 requirements of this Section is filed in a timely manner.
120120 14 (e) The polls shall be open from 6:00 a.m. to 7:00 p.m.
121121 15 (Source: P.A. 86-873.)
122122 16 (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
123123 17 Sec. 7-12. All petitions for nomination shall be filed by
124124 18 mail or in person as follows:
125125 19 (1) Except as otherwise provided in this Code, where
126126 20 the nomination is to be made for a State, congressional,
127127 21 or judicial office, or for any office a nomination for
128128 22 which is made for a territorial division or district which
129129 23 comprises more than one county or is partly in one county
130130 24 and partly in another county or counties (including the
131131 25 Fox Metro Water Reclamation District), then, except as
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142142 1 otherwise provided in this Section, such petition for
143143 2 nomination shall be filed in the principal office of the
144144 3 State Board of Elections not more than 113 and not less
145145 4 than 106 days prior to the date of the primary, but, in the
146146 5 case of petitions for nomination to fill a vacancy by
147147 6 special election in the office of representative in
148148 7 Congress from this State, such petition for nomination
149149 8 shall be filed in the principal office of the State Board
150150 9 of Elections not more than 85 days and not less than 82
151151 10 days prior to the date of the primary.
152152 11 Where a vacancy occurs in the office of Supreme,
153153 12 Appellate or Circuit Court Judge within the 3-week period
154154 13 preceding the 106th day before a general primary election,
155155 14 petitions for nomination for the office in which the
156156 15 vacancy has occurred shall be filed in the principal
157157 16 office of the State Board of Elections not more than 92 nor
158158 17 less than 85 days prior to the date of the general primary
159159 18 election.
160160 19 Where the nomination is to be made for delegates or
161161 20 alternate delegates to a national nominating convention,
162162 21 then such petition for nomination shall be filed in the
163163 22 principal office of the State Board of Elections not more
164164 23 than 113 and not less than 106 days prior to the date of
165165 24 the primary; provided, however, that if the rules or
166166 25 policies of a national political party conflict with such
167167 26 requirements for filing petitions for nomination for
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178178 1 delegates or alternate delegates to a national nominating
179179 2 convention, the chair of the State central committee of
180180 3 such national political party shall notify the Board in
181181 4 writing, citing by reference the rules or policies of the
182182 5 national political party in conflict, and in such case the
183183 6 Board shall direct such petitions to be filed in
184184 7 accordance with the delegate selection plan adopted by the
185185 8 state central committee of such national political party.
186186 9 (2) Where the nomination is to be made for a county
187187 10 office or trustee of a sanitary district then such
188188 11 petition shall be filed in the office of the county clerk
189189 12 not more than 113 nor less than 106 days prior to the date
190190 13 of the primary.
191191 14 (3) Where the nomination is to be made for a municipal
192192 15 or township office, such petitions for nomination shall be
193193 16 filed in the office of the local election official, not
194194 17 more than 99 nor less than 92 days prior to the date of the
195195 18 primary; provided, where a municipality's or township's
196196 19 boundaries are coextensive with or are entirely within the
197197 20 jurisdiction of a municipal board of election
198198 21 commissioners, the petitions shall be filed in the office
199199 22 of such board; and provided, that petitions for the office
200200 23 of multi-township assessor shall be filed with the
201201 24 election authority.
202202 25 (4) The petitions of candidates for State central
203203 26 committeeperson shall be filed in the principal office of
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214214 1 the State Board of Elections not more than 113 nor less
215215 2 than 106 days prior to the date of the primary.
216216 3 (5) Petitions of candidates for precinct, township or
217217 4 ward committeepersons shall be filed in the office of the
218218 5 county clerk not more than 113 nor less than 106 days prior
219219 6 to the date of the primary.
220220 7 (6) The State Board of Elections and the various
221221 8 election authorities and local election officials with
222222 9 whom such petitions for nominations are filed shall
223223 10 specify the place where filings shall be made and upon
224224 11 receipt shall endorse thereon the day and hour on which
225225 12 each petition was filed. All petitions filed by persons
226226 13 waiting in line as of 8:00 a.m. on the first day for
227227 14 filing, or as of the normal opening hour of the office
228228 15 involved on such day, shall be deemed filed as of 8:00 a.m.
229229 16 or the normal opening hour, as the case may be. Petitions
230230 17 filed by mail and received after midnight of the first day
231231 18 for filing and in the first mail delivery or pickup of that
232232 19 day shall be deemed as filed as of 8:00 a.m. of that day or
233233 20 as of the normal opening hour of such day, as the case may
234234 21 be. All petitions received thereafter shall be deemed as
235235 22 filed in the order of actual receipt. However, 2 or more
236236 23 petitions filed within the last hour of the filing
237237 24 deadline shall be deemed filed simultaneously. Where 2 or
238238 25 more petitions are received simultaneously, the State
239239 26 Board of Elections or the various election authorities or
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250250 1 local election officials with whom such petitions are
251251 2 filed shall break ties and determine the order of filing,
252252 3 by means of a lottery or other fair and impartial method of
253253 4 random selection approved by the State Board of Elections.
254254 5 Such lottery shall be conducted within 9 days following
255255 6 the last day for petition filing and shall be open to the
256256 7 public. Seven days written notice of the time and place of
257257 8 conducting such random selection shall be given by the
258258 9 State Board of Elections to the chair of the State central
259259 10 committee of each established political party, and by each
260260 11 election authority or local election official, to the
261261 12 County Chair of each established political party, and to
262262 13 each organization of citizens within the election
263263 14 jurisdiction which was entitled, under this Article, at
264264 15 the next preceding election, to have pollwatchers present
265265 16 on the day of election. The State Board of Elections,
266266 17 election authority or local election official shall post
267267 18 in a conspicuous, open and public place, at the entrance
268268 19 of the office, notice of the time and place of such
269269 20 lottery. The State Board of Elections shall adopt rules
270270 21 and regulations governing the procedures for the conduct
271271 22 of such lottery. All candidates shall be certified in the
272272 23 order in which their petitions have been filed. Where
273273 24 candidates have filed simultaneously, they shall be
274274 25 certified in the order determined by lot and prior to
275275 26 candidates who filed for the same office at a later time.
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286286 1 (7) The State Board of Elections or the appropriate
287287 2 election authority or local election official with whom
288288 3 such a petition for nomination is filed shall notify the
289289 4 person for whom a petition for nomination has been filed
290290 5 of the obligation to file statements of organization,
291291 6 reports of campaign contributions, and annual reports of
292292 7 campaign contributions and expenditures under Article 9 of
293293 8 this Code. Such notice shall be given in the manner
294294 9 prescribed by paragraph (7) of Section 9-16 of this Code.
295295 10 (8) Nomination papers filed under this Section are not
296296 11 valid if the candidate named therein fails to file a
297297 12 statement of economic interests as required by the
298298 13 Illinois Governmental Ethics Act in relation to his
299299 14 candidacy with the appropriate officer by the end of the
300300 15 period for the filing of nomination papers unless he has
301301 16 filed a statement of economic interests in relation to the
302302 17 same governmental unit with that officer within a year
303303 18 preceding the date on which such nomination papers were
304304 19 filed. If the nomination papers of any candidate and the
305305 20 statement of economic interest of that candidate are not
306306 21 required to be filed with the same officer, the candidate
307307 22 must file with the officer with whom the nomination papers
308308 23 are filed a receipt from the officer with whom the
309309 24 statement of economic interests is filed showing the date
310310 25 on which such statement was filed. Such receipt shall be
311311 26 so filed not later than the last day on which nomination
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322322 1 papers may be filed.
323323 2 (9) Except as otherwise provided in this Code, any
324324 3 person for whom a petition for nomination, or for
325325 4 committeeperson or for delegate or alternate delegate to a
326326 5 national nominating convention has been filed may cause
327327 6 his name to be withdrawn by request in writing, signed by
328328 7 him and duly acknowledged before an officer qualified to
329329 8 take acknowledgments of deeds, and filed in the principal
330330 9 or permanent branch office of the State Board of Elections
331331 10 or with the appropriate election authority or local
332332 11 election official, not later than the date of
333333 12 certification of candidates for the consolidated primary
334334 13 or general primary ballot. No names so withdrawn shall be
335335 14 certified or printed on the primary ballot. If petitions
336336 15 for nomination have been filed for the same person with
337337 16 respect to more than one political party, his name shall
338338 17 not be certified nor printed on the primary ballot of any
339339 18 party. If petitions for nomination have been filed for the
340340 19 same person for 2 or more offices which are incompatible
341341 20 so that the same person could not serve in more than one of
342342 21 such offices if elected, that person must withdraw as a
343343 22 candidate for all but one of such offices within the 5
344344 23 business days following the last day for petition filing.
345345 24 A candidate in a judicial election may file petitions for
346346 25 nomination for only one vacancy in a subcircuit and only
347347 26 one vacancy in a circuit in any one filing period, and if
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358358 1 petitions for nomination have been filed for the same
359359 2 person for 2 or more vacancies in the same circuit or
360360 3 subcircuit in the same filing period, his or her name
361361 4 shall be certified only for the first vacancy for which
362362 5 the petitions for nomination were filed. If he fails to
363363 6 withdraw as a candidate for all but one of such offices
364364 7 within such time his name shall not be certified, nor
365365 8 printed on the primary ballot, for any office. For the
366366 9 purpose of the foregoing provisions, an office in a
367367 10 political party is not incompatible with any other office.
368368 11 (10)(a) Notwithstanding the provisions of any other
369369 12 statute, no primary shall be held for an established
370370 13 political party in any township, municipality, or ward
371371 14 thereof, where the nomination of such party for every
372372 15 office to be voted upon by the electors of such township,
373373 16 municipality, or ward thereof, is uncontested. Whenever a
374374 17 political party's nomination of candidates is uncontested
375375 18 as to one or more, but not all, of the offices to be voted
376376 19 upon by the electors of a township, municipality, or ward
377377 20 thereof, then a primary shall be held for that party in
378378 21 such township, municipality, or ward thereof; provided
379379 22 that the primary ballot shall not include those offices
380380 23 within such township, municipality, or ward thereof, for
381381 24 which the nomination is uncontested. For purposes of this
382382 25 Article, the nomination of an established political party
383383 26 of a candidate for election to an office shall be deemed to
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394394 1 be uncontested where not more than the number of persons
395395 2 to be nominated have timely filed valid nomination papers
396396 3 seeking the nomination of such party for election to such
397397 4 office.
398398 5 (b) Notwithstanding the provisions of any other
399399 6 statute, no primary election shall be held for an
400400 7 established political party for any special primary
401401 8 election called for the purpose of filling a vacancy in
402402 9 the office of representative in the United States Congress
403403 10 where the nomination of such political party for said
404404 11 office is uncontested. For the purposes of this Article,
405405 12 the nomination of an established political party of a
406406 13 candidate for election to said office shall be deemed to
407407 14 be uncontested where not more than the number of persons
408408 15 to be nominated have timely filed valid nomination papers
409409 16 seeking the nomination of such established party for
410410 17 election to said office. This subsection (b) shall not
411411 18 apply if such primary election is conducted on a regularly
412412 19 scheduled election day.
413413 20 (c) Notwithstanding the provisions in subparagraph (a)
414414 21 and (b) of this paragraph (10), whenever a person who has
415415 22 not timely filed valid nomination papers and who intends
416416 23 to become a write-in candidate for a political party's
417417 24 nomination for any office for which the nomination is
418418 25 uncontested files a written statement or notice of that
419419 26 intent with the State Board of Elections or the local
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430430 1 election official where the candidate is seeking to appear
431431 2 on the ballot with whom nomination papers for such office
432432 3 are filed, a primary ballot shall be prepared and a
433433 4 primary shall be held for that office. Such statement or
434434 5 notice shall be filed on or before the date established in
435435 6 this Article for certifying candidates for the primary
436436 7 ballot. Such statement or notice shall contain (i) the
437437 8 name and address of the person intending to become a
438438 9 write-in candidate, (ii) a statement that the person is a
439439 10 qualified primary elector of the political party from whom
440440 11 the nomination is sought, (iii) a statement that the
441441 12 person intends to become a write-in candidate for the
442442 13 party's nomination, and (iv) the office the person is
443443 14 seeking as a write-in candidate. An election authority
444444 15 shall have no duty to conduct a primary and prepare a
445445 16 primary ballot for any office for which the nomination is
446446 17 uncontested unless a statement or notice meeting the
447447 18 requirements of this Section is filed in a timely manner.
448448 19 (11) If multiple sets of nomination papers are filed
449449 20 for a candidate to the same office, the State Board of
450450 21 Elections, appropriate election authority or local
451451 22 election official where the petitions are filed shall
452452 23 within 2 business days notify the candidate of his or her
453453 24 multiple petition filings and that the candidate has 3
454454 25 business days after receipt of the notice to notify the
455455 26 State Board of Elections, appropriate election authority
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