Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2241 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2241 Introduced 2/7/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 10 ILCS 5/7-61 from Ch. 46, par. 7-6110 ILCS 5/10-3 from Ch. 46, par. 10-310 ILCS 5/17-16.1 from Ch. 46, par. 17-16.160 ILCS 1/45-50 Amends the Election Code. Provides that a candidate seeking election to an office for which candidates of political parties are nominated by caucus who is a participant in the caucus and who has signed a petition of another established political party, a new political party, or an independent candidate is ineligible to be listed on the ballot at that general or consolidated election as a candidate of the political party holding the caucus. Makes conforming changes. Amends the Township Code. Provides that no participant shall be able to participate or vote at any township or multi-township caucus if the person signed a petition for a candidate of another established political party, a new political party, or an independent candidate at anytime during the 12 months before the caucus. LRB104 09173 SPS 19229 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2241 Introduced 2/7/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 10 ILCS 5/7-61 from Ch. 46, par. 7-6110 ILCS 5/10-3 from Ch. 46, par. 10-310 ILCS 5/17-16.1 from Ch. 46, par. 17-16.160 ILCS 1/45-50 10 ILCS 5/7-61 from Ch. 46, par. 7-61 10 ILCS 5/10-3 from Ch. 46, par. 10-3 10 ILCS 5/17-16.1 from Ch. 46, par. 17-16.1 60 ILCS 1/45-50 Amends the Election Code. Provides that a candidate seeking election to an office for which candidates of political parties are nominated by caucus who is a participant in the caucus and who has signed a petition of another established political party, a new political party, or an independent candidate is ineligible to be listed on the ballot at that general or consolidated election as a candidate of the political party holding the caucus. Makes conforming changes. Amends the Township Code. Provides that no participant shall be able to participate or vote at any township or multi-township caucus if the person signed a petition for a candidate of another established political party, a new political party, or an independent candidate at anytime during the 12 months before the caucus. LRB104 09173 SPS 19229 b LRB104 09173 SPS 19229 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2241 Introduced 2/7/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
33 10 ILCS 5/7-61 from Ch. 46, par. 7-6110 ILCS 5/10-3 from Ch. 46, par. 10-310 ILCS 5/17-16.1 from Ch. 46, par. 17-16.160 ILCS 1/45-50 10 ILCS 5/7-61 from Ch. 46, par. 7-61 10 ILCS 5/10-3 from Ch. 46, par. 10-3 10 ILCS 5/17-16.1 from Ch. 46, par. 17-16.1 60 ILCS 1/45-50
44 10 ILCS 5/7-61 from Ch. 46, par. 7-61
55 10 ILCS 5/10-3 from Ch. 46, par. 10-3
66 10 ILCS 5/17-16.1 from Ch. 46, par. 17-16.1
77 60 ILCS 1/45-50
88 Amends the Election Code. Provides that a candidate seeking election to an office for which candidates of political parties are nominated by caucus who is a participant in the caucus and who has signed a petition of another established political party, a new political party, or an independent candidate is ineligible to be listed on the ballot at that general or consolidated election as a candidate of the political party holding the caucus. Makes conforming changes. Amends the Township Code. Provides that no participant shall be able to participate or vote at any township or multi-township caucus if the person signed a petition for a candidate of another established political party, a new political party, or an independent candidate at anytime during the 12 months before the caucus.
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1414 1 AN ACT concerning elections.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Election Code is amended by changing
1818 5 Sections 7-61, 10-3, and 17-16.1 as follows:
1919 6 (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
2020 7 Sec. 7-61. Whenever a special election is necessary, the
2121 8 provisions of this Article are applicable to the nomination of
2222 9 candidates to be voted for at such special election.
2323 10 In cases where a primary election is required, the officer
2424 11 or board or commission whose duty it is under the provisions of
2525 12 this Code relating to general elections to call an election
2626 13 shall fix a date for the primary for the nomination of
2727 14 candidates to be voted for at such special election. Notice of
2828 15 such primary shall be given at least 15 days prior to the
2929 16 maximum time provided for the filing of petitions for such a
3030 17 primary as provided in Section 7-12.
3131 18 Any vacancy in nomination under the provisions of this
3232 19 Article 7 occurring on or after the primary and prior to
3333 20 certification of candidates by the certifying board or officer
3434 21 must be filled prior to the date of certification. Any vacancy
3535 22 in nomination occurring after certification but prior to 15
3636 23 days before the general election shall be filled within 8 days
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4040 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2241 Introduced 2/7/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
4141 10 ILCS 5/7-61 from Ch. 46, par. 7-6110 ILCS 5/10-3 from Ch. 46, par. 10-310 ILCS 5/17-16.1 from Ch. 46, par. 17-16.160 ILCS 1/45-50 10 ILCS 5/7-61 from Ch. 46, par. 7-61 10 ILCS 5/10-3 from Ch. 46, par. 10-3 10 ILCS 5/17-16.1 from Ch. 46, par. 17-16.1 60 ILCS 1/45-50
4242 10 ILCS 5/7-61 from Ch. 46, par. 7-61
4343 10 ILCS 5/10-3 from Ch. 46, par. 10-3
4444 10 ILCS 5/17-16.1 from Ch. 46, par. 17-16.1
4545 60 ILCS 1/45-50
4646 Amends the Election Code. Provides that a candidate seeking election to an office for which candidates of political parties are nominated by caucus who is a participant in the caucus and who has signed a petition of another established political party, a new political party, or an independent candidate is ineligible to be listed on the ballot at that general or consolidated election as a candidate of the political party holding the caucus. Makes conforming changes. Amends the Township Code. Provides that no participant shall be able to participate or vote at any township or multi-township caucus if the person signed a petition for a candidate of another established political party, a new political party, or an independent candidate at anytime during the 12 months before the caucus.
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5656 10 ILCS 5/10-3 from Ch. 46, par. 10-3
5757 10 ILCS 5/17-16.1 from Ch. 46, par. 17-16.1
5858 60 ILCS 1/45-50
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7777 1 after the event creating the vacancy. The resolution filling
7878 2 the vacancy shall be sent by U. S. mail or personal delivery to
7979 3 the certifying officer or board within 3 days of the action by
8080 4 which the vacancy was filled; provided, if such resolution is
8181 5 sent by mail and the U. S. postmark on the envelope containing
8282 6 such resolution is dated prior to the expiration of such 3-day
8383 7 limit, the resolution shall be deemed filed within such 3-day
8484 8 limit. Failure to so transmit the resolution within the time
8585 9 specified in this Section shall authorize the certifying
8686 10 officer or board to certify the original candidate. Vacancies
8787 11 shall be filled by the officers of a local municipal or
8888 12 township political party as specified in subsection (h) of
8989 13 Section 7-8, other than a statewide political party, that is
9090 14 established only within a municipality or township and the
9191 15 managing committee (or legislative committee in case of a
9292 16 candidate for State Senator or representative committee in the
9393 17 case of a candidate for State Representative in the General
9494 18 Assembly or State central committee in the case of a candidate
9595 19 for statewide office, including, but not limited to, the
9696 20 office of United States Senator) of the respective political
9797 21 party for the territorial area in which such vacancy occurs.
9898 22 The resolution to fill a vacancy in nomination shall be
9999 23 duly acknowledged before an officer qualified to take
100100 24 acknowledgments of deeds and shall include, upon its face, the
101101 25 following information:
102102 26 (a) the name of the original nominee and the office
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113113 1 vacated;
114114 2 (b) the date on which the vacancy occurred;
115115 3 (c) the name and address of the nominee selected to
116116 4 fill the vacancy and the date of selection.
117117 5 The resolution to fill a vacancy in nomination shall be
118118 6 accompanied by a Statement of Candidacy, as prescribed in
119119 7 Section 7-10, completed by the selected nominee and a receipt
120120 8 indicating that such nominee has filed a statement of economic
121121 9 interests as required by the Illinois Governmental Ethics Act.
122122 10 The provisions of Section 10-8 through 10-10.1 relating to
123123 11 objections to certificates of nomination and nomination
124124 12 papers, hearings on objections, and judicial review, shall
125125 13 apply to and govern objections to resolutions for filling a
126126 14 vacancy in nomination.
127127 15 Any vacancy in nomination occurring 15 days or less before
128128 16 the consolidated election or the general election shall not be
129129 17 filled. In this event, the certification of the original
130130 18 candidate shall stand and his name shall appear on the
131131 19 official ballot to be voted at the general election.
132132 20 A vacancy in nomination occurs when a candidate who has
133133 21 been nominated under the provisions of this Article 7 dies
134134 22 before the election (whether death occurs prior to, on or
135135 23 after the day of the primary), or declines the nomination;
136136 24 provided that nominations may become vacant for other reasons.
137137 25 If the name of no established political party candidate
138138 26 was printed on the consolidated primary ballot for a
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149149 1 particular office and if no person was nominated as a write-in
150150 2 candidate for such office, a vacancy in nomination shall be
151151 3 created which may be filled in accordance with the
152152 4 requirements of this Section. Except as otherwise provided in
153153 5 this Code, if the name of no established political party
154154 6 candidate was printed on the general primary ballot for an
155155 7 office nominated under this Article and if no person was
156156 8 nominated as a write-in candidate for such office, a vacancy
157157 9 in nomination shall be filled only by a person designated by
158158 10 the appropriate committee of the political party and only if
159159 11 that designated person files nominating petitions with the
160160 12 number of signatures required for an established party
161161 13 candidate for that office within 75 days after the day of the
162162 14 general primary. The circulation period for those petitions
163163 15 begins on the day the appropriate committee designates that
164164 16 person. The person shall file his or her nominating petitions,
165165 17 statements of candidacy, notice of appointment by the
166166 18 appropriate committee, and receipt of filing his or her
167167 19 statement of economic interests together. These documents
168168 20 shall be filed at the same location as provided in Section
169169 21 7-12. The electoral boards having jurisdiction under Section
170170 22 10-9 to hear and pass upon objections to nominating petitions
171171 23 also shall hear and pass upon objections to nomination
172172 24 petitions filed by candidates under this paragraph.
173173 25 A candidate for whom a nomination paper has been filed as a
174174 26 partisan candidate at a primary election, and who is defeated
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185185 1 for his or her nomination at such primary election, is
186186 2 ineligible to be listed on the ballot at that general or
187187 3 consolidated election as a candidate of another political
188188 4 party.
189189 5 A candidate seeking election to an office for which
190190 6 candidates of political parties are nominated by caucus who is
191191 7 a participant in the caucus and who is defeated for his or her
192192 8 nomination at such caucus is ineligible to be listed on the
193193 9 ballot at that general or consolidated election as a candidate
194194 10 of another political party.
195195 11 A candidate seeking election to an office for which
196196 12 candidates of political parties are nominated by caucus who is
197197 13 a participant in the caucus and who has signed a petition of
198198 14 another established political party, a new political party, or
199199 15 an independent candidate is ineligible to be listed on the
200200 16 ballot at that general or consolidated election as a candidate
201201 17 of the political party holding the caucus.
202202 18 In the proceedings to nominate a candidate to fill a
203203 19 vacancy or to fill a vacancy in the nomination, each precinct,
204204 20 township, ward, county, or congressional district, as the case
205205 21 may be, shall, through its representative on such central or
206206 22 managing committee, be entitled to one vote for each ballot
207207 23 voted in such precinct, township, ward, county, or
208208 24 congressional district, as the case may be, by the primary
209209 25 electors of its party at the primary election immediately
210210 26 preceding the meeting at which such vacancy is to be filled.
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221221 1 For purposes of this Section, the words "certify" and
222222 2 "certification" shall refer to the act of officially declaring
223223 3 the names of candidates entitled to be printed upon the
224224 4 official ballot at an election and directing election
225225 5 authorities to place the names of such candidates upon the
226226 6 official ballot. "Certifying officers or board" shall refer to
227227 7 the local election official, the election authority, or the
228228 8 State Board of Elections, as the case may be, with whom
229229 9 nomination papers, including certificates of nomination and
230230 10 resolutions to fill vacancies in nomination, are filed and
231231 11 whose duty it is to certify candidates.
232232 12 (Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23;
233233 13 103-586, eff. 5-3-24.)
234234 14 (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
235235 15 Sec. 10-3. Nomination of independent candidates (not
236236 16 candidates of any political party), for any office to be
237237 17 filled by the voters of the State at large may also be made by
238238 18 nomination papers signed in the aggregate for each candidate
239239 19 by 1% of the number of voters who voted in the next preceding
240240 20 Statewide general election or 25,000 qualified voters of the
241241 21 State, whichever is less. Nominations of independent
242242 22 candidates for public office within any district or political
243243 23 subdivision less than the State, may be made by nomination
244244 24 papers signed in the aggregate for each candidate by qualified
245245 25 voters of such district, or political subdivision, equaling
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256256 1 not less than 5%, nor more than 8% (or 50 more than the
257257 2 minimum, whichever is greater) of the number of persons, who
258258 3 voted at the next preceding regular election in such district
259259 4 or political subdivision in which such district or political
260260 5 subdivision voted as a unit for the election of officers to
261261 6 serve its respective territorial area. However, whenever the
262262 7 minimum signature requirement for an independent candidate
263263 8 petition for a district or political subdivision office shall
264264 9 exceed the minimum number of signatures for an independent
265265 10 candidate petition for an office to be filled by the voters of
266266 11 the State at large at the next preceding State-wide general
267267 12 election, such State-wide petition signature requirement shall
268268 13 be the minimum for an independent candidate petition for such
269269 14 district or political subdivision office. For the first
270270 15 election following a redistricting of congressional districts,
271271 16 nomination papers for an independent candidate for
272272 17 congressperson shall be signed by at least 5,000 qualified
273273 18 voters of the congressional district. For the first election
274274 19 following a redistricting of legislative districts, nomination
275275 20 papers for an independent candidate for State Senator in the
276276 21 General Assembly shall be signed by at least 3,000 qualified
277277 22 voters of the legislative district. For the first election
278278 23 following a redistricting of representative districts,
279279 24 nomination papers for an independent candidate for State
280280 25 Representative in the General Assembly shall be signed by at
281281 26 least 1,500 qualified voters of the representative district.
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292292 1 For the first election following redistricting of county board
293293 2 districts, or of municipal wards or districts, or for the
294294 3 first election following the initial establishment of such
295295 4 districts or wards in a county or municipality, nomination
296296 5 papers for an independent candidate for county board member,
297297 6 or for alderperson or trustee of such municipality, shall be
298298 7 signed by qualified voters of the district or ward equal to not
299299 8 less than 5% nor more than 8% (or 50 more than the minimum,
300300 9 whichever is greater) of the total number of votes cast at the
301301 10 preceding general or general municipal election, as the case
302302 11 may be, for the county or municipal office voted on throughout
303303 12 such county or municipality for which the greatest total
304304 13 number of votes were cast for all candidates, divided by the
305305 14 number of districts or wards, but in any event not less than 25
306306 15 qualified voters of the district or ward. Each voter signing a
307307 16 nomination paper shall add to his signature his place of
308308 17 residence, and each voter may subscribe to one nomination for
309309 18 such office to be filled, and no more: Provided that the name
310310 19 of any candidate whose name may appear in any other place upon
311311 20 the ballot shall not be so added by petition for the same
312312 21 office.
313313 22 The person circulating the petition, or the candidate on
314314 23 whose behalf the petition is circulated, may strike any
315315 24 signature from the petition, provided that;
316316 25 (1) the person striking the signature shall initial
317317 26 the petition at the place where the signature is struck;
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328328 1 and
329329 2 (2) the person striking the signature shall sign a
330330 3 certification listing the page number and line number of
331331 4 each signature struck from the petition. Such
332332 5 certification shall be filed as a part of the petition.
333333 6 (3) the persons striking signatures from the petition
334334 7 shall each sign an additional certificate specifying the
335335 8 number of certification pages listing stricken signatures
336336 9 which are attached to the petition and the page numbers
337337 10 indicated on such certifications. The certificate shall be
338338 11 filed as a part of the petition, shall be numbered, and
339339 12 shall be attached immediately following the last page of
340340 13 voters' signatures and before the certifications of
341341 14 stricken signatures.
342342 15 (4) all of the foregoing requirements shall be
343343 16 necessary to effect a valid striking of any signature. The
344344 17 provisions of this Section authorizing the striking of
345345 18 signatures shall not impose any criminal liability on any
346346 19 person so authorized for signatures which may be
347347 20 fraudulent.
348348 21 In the case of the offices of Governor and Lieutenant
349349 22 Governor a joint petition including one candidate for each of
350350 23 those offices must be filed.
351351 24 A candidate for whom a nomination paper has been filed as a
352352 25 partisan candidate at a primary election, and who is defeated
353353 26 for his or her nomination at the primary election, is
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364364 1 ineligible to be placed on the ballot as an independent
365365 2 candidate for election in that general or consolidated
366366 3 election.
367367 4 A candidate seeking election to an office for which
368368 5 candidates of political parties are nominated by caucus who is
369369 6 a participant in the caucus and who is defeated for his or her
370370 7 nomination at such caucus, is ineligible to be listed on the
371371 8 ballot at that general or consolidated election as an
372372 9 independent candidate.
373373 10 A candidate seeking election to an office as an
374374 11 independent candidate is ineligible to be listed on the ballot
375375 12 at the general or consolidated election if the candidate has
376376 13 signed a petition of an established political party or a new
377377 14 political party for another office during the same election.
378378 15 (Source: P.A. 102-15, eff. 6-17-21.)
379379 16 (10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
380380 17 Sec. 17-16.1. Except as otherwise provided in this Code,
381381 18 write-in votes shall be counted only for persons who have
382382 19 filed notarized declarations of intent to be write-in
383383 20 candidates with the proper election authority or authorities
384384 21 not later than 61 days prior to the election. However,
385385 22 whenever an objection to a candidate's nominating papers or
386386 23 petitions for any office is sustained under Section 10-10
387387 24 after the 61st day before the election, then write-in votes
388388 25 shall be counted for that candidate if he or she has filed a
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399399 1 notarized declaration of intent to be a write-in candidate for
400400 2 that office with the proper election authority or authorities
401401 3 not later than 7 days prior to the election.
402402 4 Forms for the declaration of intent to be a write-in
403403 5 candidate shall be supplied by the election authorities. Such
404404 6 declaration shall specify the office for which the person
405405 7 seeks election as a write-in candidate.
406406 8 The election authority or authorities shall deliver a list
407407 9 of all persons who have filed such declarations to the
408408 10 election judges in the appropriate precincts prior to the
409409 11 election.
410410 12 A candidate for whom a nomination paper has been filed as a
411411 13 partisan candidate at a primary election, and who is defeated
412412 14 for his or her nomination at the primary election is
413413 15 ineligible to file a declaration of intent to be a write-in
414414 16 candidate for election in that general or consolidated
415415 17 election.
416416 18 A candidate seeking election to an office for which
417417 19 candidates of political parties are nominated by caucus who is
418418 20 a participant in the caucus and who is defeated for his or her
419419 21 nomination at such caucus is ineligible to file a declaration
420420 22 of intent to be a write-in candidate for election in that
421421 23 general or consolidated election.
422422 24 A candidate seeking election to an office for which
423423 25 candidates are nominated at a primary election on a
424424 26 nonpartisan basis and who is defeated for his or her
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435435 1 nomination at the primary election is ineligible to file a
436436 2 declaration of intent to be a write-in candidate for election
437437 3 in that general or consolidated election.
438438 4 A candidate seeking election to an office for which
439439 5 candidates are nominated at a primary election on a
440440 6 nonpartisan basis and who has signed a petition of an
441441 7 established political party or a new political party during
442442 8 the same primary election is ineligible to file a declaration
443443 9 of intent to be a write-in candidate for election in that
444444 10 general or consolidated election.
445445 11 Nothing in this Section shall be construed to apply to
446446 12 votes cast under the provisions of subsection (b) of Section
447447 13 16-5.01.
448448 14 (Source: P.A. 102-15, eff. 6-17-21.)
449449 15 Section 10. The Township Code is amended by changing
450450 16 Section 45-50 as follows:
451451 17 (60 ILCS 1/45-50)
452452 18 Sec. 45-50. Caucus procedures.
453453 19 (a) The rules of procedure for conducting a township or
454454 20 multi-township caucus must be approved and may be amended by a
455455 21 majority vote of the qualified participants attending the
456456 22 caucus. No participant shall be able to participate or vote at
457457 23 any township or multi-township caucus if the person is or was
458458 24 at anytime during the 12 months before the caucus any of the
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469469 1 following:
470470 2 (1) An elected or appointed public official of another
471471 3 established political party.
472472 4 (2) An elected or appointed officer, director,
473473 5 precinct committeeman or representative of the township
474474 6 committeeman of another established political party.
475475 7 (3) A judge of election under Article 13 or 14 of the
476476 8 Election Code for another statewide established political
477477 9 party.
478478 10 (4) A voter who voted in the primary election of
479479 11 another statewide established political party different
480480 12 from the party holding the caucus.
481481 13 (5) A person who signed a petition for a candidate of
482482 14 another established political party, a new political
483483 15 party, or an independent candidate.
484484 16 (b) The rules of procedure shall include the following:
485485 17 (1) No caucus shall commence earlier than 6:00 p.m.
486486 18 (2) The caucus shall commence at the place specified
487487 19 in the notice of caucus.
488488 20 (3) Procedures by which qualified caucus participants
489489 21 determine by a majority vote the duties of caucus judges
490490 22 of election. Caucus judges of election shall be appointed
491491 23 by a majority vote of the township or multi-township
492492 24 central committee. No judge of the Supreme Court,
493493 25 appellate court, or circuit court or associate judge shall
494494 26 serve as a caucus judge of election.
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505505 1 (4) Nominations for selection as a candidate shall be
506506 2 accepted from any qualified participant of the caucus.
507507 3 (5) The method of voting (i.e., written ballot, voice
508508 4 vote, show of hands, standing vote) for determining the
509509 5 candidate or candidates selected for nomination.
510510 6 (6) Whether candidates will be selected as a slate or
511511 7 as individual nominees for each office.
512512 8 (7) Whether written notice of intent to be a caucus
513513 9 nominee is required.
514514 10 (8) Other rules deemed necessary by the central
515515 11 committee at the time the rules are promulgated or by the
516516 12 majority of the qualified caucus participants when the
517517 13 rules are being considered at their meeting.
518518 14 (9) A participant in a caucus shall be entitled to
519519 15 only one vote for each office for which he or she is
520520 16 voting. A participant's vote shall not be weighted to be
521521 17 equal to more than one vote.
522522 18 (c) Individuals participating at an established political
523523 19 party township or multi-township caucus shall comply with each
524524 20 of the following:
525525 21 (1) A participant shall be registered under Article 4,
526526 22 5, or 6 of the Election Code.
527527 23 (2) A participant shall be registered within the
528528 24 territory for which the nomination is made.
529529 25 (3) A participant shall sign an affidavit that he or
530530 26 she is a registered voter and affiliated with the
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