Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2306 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2306 Introduced 2/10/2023, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: 10 ILCS 5/7-11 from Ch. 46, par. 7-11 10 ILCS 5/7-12 from Ch. 46, par. 7-12 Amends the Election Code. Provides that any candidate for President of the United States may have his name printed upon the primary ballot of his political party by filing in the office of the State Board of Elections not more than 141 days (instead of 113) and not less than 134 days (instead of 106) prior to the date of the general primary. Changes the filing dates of petitions for nomination for a State, congressional, or judicial office; petitions for nomination to fill a vacancy by special election in the office of Representative in Congress; petitions for nomination for the office of Supreme, Appellate, or Circuit Court Judge; petitions for nomination for delegates or alternate delegates to a national nominating convention; petitions for nomination for a county office or trustee of a sanitary district; petitions for nomination for a municipal or township office; petitions of candidates for State central committeeperson; and petitions of candidates for precinct, township, or ward committeepersons. Effective July 1, 2023. LRB103 28707 BMS 55089 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2306 Introduced 2/10/2023, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: 10 ILCS 5/7-11 from Ch. 46, par. 7-11 10 ILCS 5/7-12 from Ch. 46, par. 7-12 10 ILCS 5/7-11 from Ch. 46, par. 7-11 10 ILCS 5/7-12 from Ch. 46, par. 7-12 Amends the Election Code. Provides that any candidate for President of the United States may have his name printed upon the primary ballot of his political party by filing in the office of the State Board of Elections not more than 141 days (instead of 113) and not less than 134 days (instead of 106) prior to the date of the general primary. Changes the filing dates of petitions for nomination for a State, congressional, or judicial office; petitions for nomination to fill a vacancy by special election in the office of Representative in Congress; petitions for nomination for the office of Supreme, Appellate, or Circuit Court Judge; petitions for nomination for delegates or alternate delegates to a national nominating convention; petitions for nomination for a county office or trustee of a sanitary district; petitions for nomination for a municipal or township office; petitions of candidates for State central committeeperson; and petitions of candidates for precinct, township, or ward committeepersons. Effective July 1, 2023. LRB103 28707 BMS 55089 b LRB103 28707 BMS 55089 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2306 Introduced 2/10/2023, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/7-11 from Ch. 46, par. 7-11 10 ILCS 5/7-12 from Ch. 46, par. 7-12 10 ILCS 5/7-11 from Ch. 46, par. 7-11 10 ILCS 5/7-12 from Ch. 46, par. 7-12
4	4	10 ILCS 5/7-11 from Ch. 46, par. 7-11
5	5	10 ILCS 5/7-12 from Ch. 46, par. 7-12
6	6	Amends the Election Code. Provides that any candidate for President of the United States may have his name printed upon the primary ballot of his political party by filing in the office of the State Board of Elections not more than 141 days (instead of 113) and not less than 134 days (instead of 106) prior to the date of the general primary. Changes the filing dates of petitions for nomination for a State, congressional, or judicial office; petitions for nomination to fill a vacancy by special election in the office of Representative in Congress; petitions for nomination for the office of Supreme, Appellate, or Circuit Court Judge; petitions for nomination for delegates or alternate delegates to a national nominating convention; petitions for nomination for a county office or trustee of a sanitary district; petitions for nomination for a municipal or township office; petitions of candidates for State central committeeperson; and petitions of candidates for precinct, township, or ward committeepersons. Effective July 1, 2023.
7	7	LRB103 28707 BMS 55089 b LRB103 28707 BMS 55089 b
8	8	LRB103 28707 BMS 55089 b
9	9	A BILL FOR
10	10	SB2306LRB103 28707 BMS 55089 b SB2306 LRB103 28707 BMS 55089 b
11	11	SB2306 LRB103 28707 BMS 55089 b
12	12	1 AN ACT concerning elections.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Election Code is amended by changing
16	16	5 Sections 7-11 and 7-12 as follows:
17	17	6 (10 ILCS 5/7-11) (from Ch. 46, par. 7-11)
18	18	7 Sec. 7-11. Any candidate for President of the United
19	19	8 States may have his name printed upon the primary ballot of his
20	20	9 political party by filing in the office of the State Board of
21	21	10 Elections not more than 141 113 and not less than 134 106 days
22	22	11 prior to the date of the general primary, in any year in which
23	23	12 a Presidential election is to be held, a petition signed by not
24	24	13 less than 3000 or more than 5000 primary electors, members of
25	25	14 and affiliated with the party of which he is a candidate, and
26	26	15 no candidate for President of the United States, who fails to
27	27	16 comply with the provisions of this Article shall have his name
28	28	17 printed upon any primary ballot: Provided, however, that if
29	29	18 the rules or policies of a national political party conflict
30	30	19 with such requirements for filing petitions for President of
31	31	20 the United States in a presidential preference primary, the
32	32	21 Chair of the State central committee of such national
33	33	22 political party shall notify the State Board of Elections in
34	34	23 writing, citing by reference the rules or policies of the
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2306 Introduced 2/10/2023, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
39	39	10 ILCS 5/7-11 from Ch. 46, par. 7-11 10 ILCS 5/7-12 from Ch. 46, par. 7-12 10 ILCS 5/7-11 from Ch. 46, par. 7-11 10 ILCS 5/7-12 from Ch. 46, par. 7-12
40	40	10 ILCS 5/7-11 from Ch. 46, par. 7-11
41	41	10 ILCS 5/7-12 from Ch. 46, par. 7-12
42	42	Amends the Election Code. Provides that any candidate for President of the United States may have his name printed upon the primary ballot of his political party by filing in the office of the State Board of Elections not more than 141 days (instead of 113) and not less than 134 days (instead of 106) prior to the date of the general primary. Changes the filing dates of petitions for nomination for a State, congressional, or judicial office; petitions for nomination to fill a vacancy by special election in the office of Representative in Congress; petitions for nomination for the office of Supreme, Appellate, or Circuit Court Judge; petitions for nomination for delegates or alternate delegates to a national nominating convention; petitions for nomination for a county office or trustee of a sanitary district; petitions for nomination for a municipal or township office; petitions of candidates for State central committeeperson; and petitions of candidates for precinct, township, or ward committeepersons. Effective July 1, 2023.
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45	45	A BILL FOR
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51	51	10 ILCS 5/7-11 from Ch. 46, par. 7-11
52	52	10 ILCS 5/7-12 from Ch. 46, par. 7-12
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71	71	1 national political party in conflict, and in such case the
72	72	2 Board shall direct such petitions to be filed in accordance
73	73	3 with the delegate selection plan adopted by the state central
74	74	4 committee of such national political party. Provided, further,
75	75	5 unless rules or policies of a national political party
76	76	6 otherwise provide, the vote for President of the United
77	77	7 States, as herein provided for, shall be for the sole purpose
78	78	8 of securing an expression of the sentiment and will of the
79	79	9 party voters with respect to candidates for nomination for
80	80	10 said office, and the vote of the state at large shall be taken
81	81	11 and considered as advisory to the delegates and alternates at
82	82	12 large to the national conventions of respective political
83	83	13 parties; and the vote of the respective congressional
84	84	14 districts shall be taken and considered as advisory to the
85	85	15 delegates and alternates of said congressional districts to
86	86	16 the national conventions of the respective political parties.
87	87	17 (Source: P.A. 100-1027, eff. 1-1-19.)
88	88	18 (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
89	89	19 Sec. 7-12. All petitions for nomination shall be filed by
90	90	20 mail or in person as follows:
91	91	21 (1) Except as otherwise provided in this Code, where
92	92	22 the nomination is to be made for a State, congressional,
93	93	23 or judicial office, or for any office a nomination for
94	94	24 which is made for a territorial division or district which
95	95	25 comprises more than one county or is partly in one county
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106	106	1 and partly in another county or counties (including the
107	107	2 Fox Metro Water Reclamation District), then, except as
108	108	3 otherwise provided in this Section, such petition for
109	109	4 nomination shall be filed in the principal office of the
110	110	5 State Board of Elections not more than 141 113 and not less
111	111	6 than 134 106 days prior to the date of the primary, but, in
112	112	7 the case of petitions for nomination to fill a vacancy by
113	113	8 special election in the office of representative in
114	114	9 Congress from this State, such petition for nomination
115	115	10 shall be filed in the principal office of the State Board
116	116	11 of Elections not more than 113 85 days and not less than
117	117	12 110 82 days prior to the date of the primary.
118	118	13 Where a vacancy occurs in the office of Supreme,
119	119	14 Appellate or Circuit Court Judge within the 3-week period
120	120	15 preceding the 134th 106th day before a general primary
121	121	16 election, petitions for nomination for the office in which
122	122	17 the vacancy has occurred shall be filed in the principal
123	123	18 office of the State Board of Elections not more than 120 92
124	124	19 nor less than 113 85 days prior to the date of the general
125	125	20 primary election.
126	126	21 Where the nomination is to be made for delegates or
127	127	22 alternate delegates to a national nominating convention,
128	128	23 then such petition for nomination shall be filed in the
129	129	24 principal office of the State Board of Elections not more
130	130	25 than 141 113 and not less than 134 106 days prior to the
131	131	26 date of the primary; provided, however, that if the rules
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142	142	1 or policies of a national political party conflict with
143	143	2 such requirements for filing petitions for nomination for
144	144	3 delegates or alternate delegates to a national nominating
145	145	4 convention, the chair of the State central committee of
146	146	5 such national political party shall notify the Board in
147	147	6 writing, citing by reference the rules or policies of the
148	148	7 national political party in conflict, and in such case the
149	149	8 Board shall direct such petitions to be filed in
150	150	9 accordance with the delegate selection plan adopted by the
151	151	10 state central committee of such national political party.
152	152	11 (2) Where the nomination is to be made for a county
153	153	12 office or trustee of a sanitary district then such
154	154	13 petition shall be filed in the office of the county clerk
155	155	14 not more than 141 113 nor less than 134 106 days prior to
156	156	15 the date of the primary.
157	157	16 (3) Where the nomination is to be made for a municipal
158	158	17 or township office, such petitions for nomination shall be
159	159	18 filed in the office of the local election official, not
160	160	19 more than 127 99 nor less than 120 92 days prior to the
161	161	20 date of the primary; provided, where a municipality's or
162	162	21 township's boundaries are coextensive with or are entirely
163	163	22 within the jurisdiction of a municipal board of election
164	164	23 commissioners, the petitions shall be filed in the office
165	165	24 of such board; and provided, that petitions for the office
166	166	25 of multi-township assessor shall be filed with the
167	167	26 election authority.
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178	178	1 (4) The petitions of candidates for State central
179	179	2 committeeperson shall be filed in the principal office of
180	180	3 the State Board of Elections not more than 141 113 nor less
181	181	4 than 134 106 days prior to the date of the primary.
182	182	5 (5) Petitions of candidates for precinct, township or
183	183	6 ward committeepersons shall be filed in the office of the
184	184	7 county clerk not more than 141 113 nor less than 134 106
185	185	8 days prior to the date of the primary.
186	186	9 (6) The State Board of Elections and the various
187	187	10 election authorities and local election officials with
188	188	11 whom such petitions for nominations are filed shall
189	189	12 specify the place where filings shall be made and upon
190	190	13 receipt shall endorse thereon the day and hour on which
191	191	14 each petition was filed. All petitions filed by persons
192	192	15 waiting in line as of 8:00 a.m. on the first day for
193	193	16 filing, or as of the normal opening hour of the office
194	194	17 involved on such day, shall be deemed filed as of 8:00 a.m.
195	195	18 or the normal opening hour, as the case may be. Petitions
196	196	19 filed by mail and received after midnight of the first day
197	197	20 for filing and in the first mail delivery or pickup of that
198	198	21 day shall be deemed as filed as of 8:00 a.m. of that day or
199	199	22 as of the normal opening hour of such day, as the case may
200	200	23 be. All petitions received thereafter shall be deemed as
201	201	24 filed in the order of actual receipt. However, 2 or more
202	202	25 petitions filed within the last hour of the filing
203	203	26 deadline shall be deemed filed simultaneously. Where 2 or
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214	214	1 more petitions are received simultaneously, the State
215	215	2 Board of Elections or the various election authorities or
216	216	3 local election officials with whom such petitions are
217	217	4 filed shall break ties and determine the order of filing,
218	218	5 by means of a lottery or other fair and impartial method of
219	219	6 random selection approved by the State Board of Elections.
220	220	7 Such lottery shall be conducted within 9 days following
221	221	8 the last day for petition filing and shall be open to the
222	222	9 public. Seven days written notice of the time and place of
223	223	10 conducting such random selection shall be given by the
224	224	11 State Board of Elections to the chair of the State central
225	225	12 committee of each established political party, and by each
226	226	13 election authority or local election official, to the
227	227	14 County Chair of each established political party, and to
228	228	15 each organization of citizens within the election
229	229	16 jurisdiction which was entitled, under this Article, at
230	230	17 the next preceding election, to have pollwatchers present
231	231	18 on the day of election. The State Board of Elections,
232	232	19 election authority or local election official shall post
233	233	20 in a conspicuous, open and public place, at the entrance
234	234	21 of the office, notice of the time and place of such
235	235	22 lottery. The State Board of Elections shall adopt rules
236	236	23 and regulations governing the procedures for the conduct
237	237	24 of such lottery. All candidates shall be certified in the
238	238	25 order in which their petitions have been filed. Where
239	239	26 candidates have filed simultaneously, they shall be
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250	250	1 certified in the order determined by lot and prior to
251	251	2 candidates who filed for the same office at a later time.
252	252	3 (7) The State Board of Elections or the appropriate
253	253	4 election authority or local election official with whom
254	254	5 such a petition for nomination is filed shall notify the
255	255	6 person for whom a petition for nomination has been filed
256	256	7 of the obligation to file statements of organization,
257	257	8 reports of campaign contributions, and annual reports of
258	258	9 campaign contributions and expenditures under Article 9 of
259	259	10 this Code. Such notice shall be given in the manner
260	260	11 prescribed by paragraph (7) of Section 9-16 of this Code.
261	261	12 (8) Nomination papers filed under this Section are not
262	262	13 valid if the candidate named therein fails to file a
263	263	14 statement of economic interests as required by the
264	264	15 Illinois Governmental Ethics Act in relation to his
265	265	16 candidacy with the appropriate officer by the end of the
266	266	17 period for the filing of nomination papers unless he has
267	267	18 filed a statement of economic interests in relation to the
268	268	19 same governmental unit with that officer within a year
269	269	20 preceding the date on which such nomination papers were
270	270	21 filed. If the nomination papers of any candidate and the
271	271	22 statement of economic interest of that candidate are not
272	272	23 required to be filed with the same officer, the candidate
273	273	24 must file with the officer with whom the nomination papers
274	274	25 are filed a receipt from the officer with whom the
275	275	26 statement of economic interests is filed showing the date
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286	286	1 on which such statement was filed. Such receipt shall be
287	287	2 so filed not later than the last day on which nomination
288	288	3 papers may be filed.
289	289	4 (9) Except as otherwise provided in this Code, any
290	290	5 person for whom a petition for nomination, or for
291	291	6 committeeperson or for delegate or alternate delegate to a
292	292	7 national nominating convention has been filed may cause
293	293	8 his name to be withdrawn by request in writing, signed by
294	294	9 him and duly acknowledged before an officer qualified to
295	295	10 take acknowledgments of deeds, and filed in the principal
296	296	11 or permanent branch office of the State Board of Elections
297	297	12 or with the appropriate election authority or local
298	298	13 election official, not later than the date of
299	299	14 certification of candidates for the consolidated primary
300	300	15 or general primary ballot. No names so withdrawn shall be
301	301	16 certified or printed on the primary ballot. If petitions
302	302	17 for nomination have been filed for the same person with
303	303	18 respect to more than one political party, his name shall
304	304	19 not be certified nor printed on the primary ballot of any
305	305	20 party. If petitions for nomination have been filed for the
306	306	21 same person for 2 or more offices which are incompatible
307	307	22 so that the same person could not serve in more than one of
308	308	23 such offices if elected, that person must withdraw as a
309	309	24 candidate for all but one of such offices within the 5
310	310	25 business days following the last day for petition filing.
311	311	26 A candidate in a judicial election may file petitions for
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322	322	1 nomination for only one vacancy in a subcircuit and only
323	323	2 one vacancy in a circuit in any one filing period, and if
324	324	3 petitions for nomination have been filed for the same
325	325	4 person for 2 or more vacancies in the same circuit or
326	326	5 subcircuit in the same filing period, his or her name
327	327	6 shall be certified only for the first vacancy for which
328	328	7 the petitions for nomination were filed. If he fails to
329	329	8 withdraw as a candidate for all but one of such offices
330	330	9 within such time his name shall not be certified, nor
331	331	10 printed on the primary ballot, for any office. For the
332	332	11 purpose of the foregoing provisions, an office in a
333	333	12 political party is not incompatible with any other office.
334	334	13 (10)(a) Notwithstanding the provisions of any other
335	335	14 statute, no primary shall be held for an established
336	336	15 political party in any township, municipality, or ward
337	337	16 thereof, where the nomination of such party for every
338	338	17 office to be voted upon by the electors of such township,
339	339	18 municipality, or ward thereof, is uncontested. Whenever a
340	340	19 political party's nomination of candidates is uncontested
341	341	20 as to one or more, but not all, of the offices to be voted
342	342	21 upon by the electors of a township, municipality, or ward
343	343	22 thereof, then a primary shall be held for that party in
344	344	23 such township, municipality, or ward thereof; provided
345	345	24 that the primary ballot shall not include those offices
346	346	25 within such township, municipality, or ward thereof, for
347	347	26 which the nomination is uncontested. For purposes of this
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358	358	1 Article, the nomination of an established political party
359	359	2 of a candidate for election to an office shall be deemed to
360	360	3 be uncontested where not more than the number of persons
361	361	4 to be nominated have timely filed valid nomination papers
362	362	5 seeking the nomination of such party for election to such
363	363	6 office.
364	364	7 (b) Notwithstanding the provisions of any other
365	365	8 statute, no primary election shall be held for an
366	366	9 established political party for any special primary
367	367	10 election called for the purpose of filling a vacancy in
368	368	11 the office of representative in the United States Congress
369	369	12 where the nomination of such political party for said
370	370	13 office is uncontested. For the purposes of this Article,
371	371	14 the nomination of an established political party of a
372	372	15 candidate for election to said office shall be deemed to
373	373	16 be uncontested where not more than the number of persons
374	374	17 to be nominated have timely filed valid nomination papers
375	375	18 seeking the nomination of such established party for
376	376	19 election to said office. This subsection (b) shall not
377	377	20 apply if such primary election is conducted on a regularly
378	378	21 scheduled election day.
379	379	22 (c) Notwithstanding the provisions in subparagraph (a)
380	380	23 and (b) of this paragraph (10), whenever a person who has
381	381	24 not timely filed valid nomination papers and who intends
382	382	25 to become a write-in candidate for a political party's
383	383	26 nomination for any office for which the nomination is
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394	394	1 uncontested files a written statement or notice of that
395	395	2 intent with the State Board of Elections or the local
396	396	3 election official with whom nomination papers for such
397	397	4 office are filed, a primary ballot shall be prepared and a
398	398	5 primary shall be held for that office. Such statement or
399	399	6 notice shall be filed on or before the date established in
400	400	7 this Article for certifying candidates for the primary
401	401	8 ballot. Such statement or notice shall contain (i) the
402	402	9 name and address of the person intending to become a
403	403	10 write-in candidate, (ii) a statement that the person is a
404	404	11 qualified primary elector of the political party from whom
405	405	12 the nomination is sought, (iii) a statement that the
406	406	13 person intends to become a write-in candidate for the
407	407	14 party's nomination, and (iv) the office the person is
408	408	15 seeking as a write-in candidate. An election authority
409	409	16 shall have no duty to conduct a primary and prepare a
410	410	17 primary ballot for any office for which the nomination is
411	411	18 uncontested unless a statement or notice meeting the
412	412	19 requirements of this Section is filed in a timely manner.
413	413	20 (11) If multiple sets of nomination papers are filed
414	414	21 for a candidate to the same office, the State Board of
415	415	22 Elections, appropriate election authority or local
416	416	23 election official where the petitions are filed shall
417	417	24 within 2 business days notify the candidate of his or her
418	418	25 multiple petition filings and that the candidate has 3
419	419	26 business days after receipt of the notice to notify the
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430	430	1 State Board of Elections, appropriate election authority
431	431	2 or local election official that he or she may cancel prior
432	432	3 sets of petitions. If the candidate notifies the State
433	433	4 Board of Elections, appropriate election authority or
434	434	5 local election official, the last set of petitions filed
435	435	6 shall be the only petitions to be considered valid by the
436	436	7 State Board of Elections, election authority or local
437	437	8 election official. If the candidate fails to notify the
438	438	9 State Board of Elections, election authority or local
439	439	10 election official then only the first set of petitions
440	440	11 filed shall be valid and all subsequent petitions shall be
441	441	12 void.
442	442	13 (12) All nominating petitions shall be available for
443	443	14 public inspection and shall be preserved for a period of
444	444	15 not less than 6 months.
445	445	16 (Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21;
446	446	17 102-687, eff. 12-17-21.)
447	447	18 Section 99. Effective date. This Act takes effect July 1,
448	448	19 2023.
449	449
450	450
451	451
452	452
453	453
454	454	SB2306 - 12 - LRB103 28707 BMS 55089 b