SB1830 101ST GENERAL ASSEMBLY

LRB101 08257 SMS 53323 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1830

Introduced 2/15/2019, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

10 ILCS 5/7-2	from Ch. 46, par. 7-2
10 ILCS 5/7-4	from Ch. 46, par. 7-4
10 ILCS 5/7-101 new

Amends the Election Code. Allows an established political party to initiate a recall of one of its nominees if that nominee is (1) found to be a member of or associated with a group, directly or indirectly, with Communist, Fascist, Nazi, or other un-American principles; (2) engaged 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 or the State of Illinois; (3) arrested and charged with murder or another felony; or (4) engaged in hate speech. Provides the process to recall a candidate under the provisions. Effective immediately.

A BILL FOR

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 7-4 and by adding Section 7-101 as follows:

(10 ILCS 5/7-2) (from Ch. 46, par. 7-2)

Sec. 7-2.

(a) A political party, which at the general election for State and county officers then next preceding a primary, polled more than 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 candidates provided for in this Article 7 under the provisions hereof, and shall elect precinct, township, ward, and State central committeepersons 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 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 committeepersons, 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 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.

(b) A political party that nominates candidates or officers under subsection (a) may initiate a recall of one of it nominees under Section 7-101 if that candidate or officer is:

(1) found to be a member of or associated with a group, directly or indirectly, with Communist, Fascist, Nazi, or other un-American principles;

(2) engaged 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 or the State of Illinois;

(3) arrested and charged with murder or another felony; or

(4) engaged in hate speech.

(Source: P.A. 100-1027, eff. 1-1-19; revised 9-18-18.)

(10 ILCS 5/7-4) (from Ch. 46, par. 7-4)

Sec. 7-4. The following words and phrases in this Article 7 shall, unless the same be inconsistent with the context, be construed as follows:

1. The word "primary" the primary elections provided for in this Article, which are the general primary, the consolidated primary, and for those municipalities which have annual partisan elections for any officer, the municipal primary held 6 weeks prior to the general primary election date in even numbered years.

2. The definition of terms in Section 1-3 of this Act shall apply to this Article.

3. The word "precinct" a voting district heretofore or hereafter established by law within which all qualified electors vote at one polling place.

4. The words "state office" or "state officer", an office to be filled, or an officer to be voted for, by qualified electors of the entire state, including United States Senator and Congressman at large.

5. The words "congressional office" or "congressional officer", representatives in Congress.

6. The words "county office" or "county officer," include an office to be filled or an officer to be voted for, by the qualified electors of the entire county. "County office" or "county officer" also include the assessor and board of appeals and county commissioners and president of county board of Cook County, and county board members and the chair of the county board in counties subject to "An Act relating to the composition and election of county boards in certain counties", enacted by the 76th General Assembly.

7. The words "city office" and "village office," and "incorporated town office" or "city officer" and "village officer", and "incorporated town officer" an office to be filled or an officer to be voted for by the qualified electors of the entire municipality, including aldermen.

8. The words "town office" or "town officer", an office to be filled or an officer to be voted for by the qualified electors of an entire town.

9. The words "town" and "incorporated town" shall respectively be defined as in Section 1-3 of this Act.

10. The words "delegates and alternate delegates to National nominating conventions" include all delegates and alternate delegates to National nominating conventions whether they be elected from the state at large or from congressional districts or selected by State convention unless contrary and non-inclusive language specifically limits the term to one class.

11. "Judicial office" means a post held by a judge of the Supreme, Appellate or Circuit Court.

12. "Hate speech" means speech directed at a person because of his or her actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin that exposes that person to hatred, contempt, or ridicule or causes that person to fear for his or her safety.

(Source: P.A. 100-1027, eff. 1-1-19.)

(10 ILCS 5/7-101 new)

Sec. 7-101. Recall of a political party nominee.

(a) If a political party nominee is a member of or associated with a group, directly or indirectly, with Communist, Fascist, Nazi, or other un-American principles, engaged 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, arrested and charged with murder or another felony, or engaged in hate speech, then the voters of the political party may initiate a recall of the nomination.

(b) To recall a nominee of a political party, petitions for recall must be collected and submitted to the State Board of Elections. The petitions for recall must state the name of the nominee being recalled, the office and district number the nominee is seeking, and the reason or reasons why the recall is being initiated. The petitions for recall must contain signatures from at least the same number of signatures needed to qualify for the ballot for that office, and those signing must be primary party voters who voted in the most recent primary election that resulted in the nomination of the candidate being recalled. The petition for recall sheets must contain the same circulator and notary requirements as the petitions for nomination require under Section 7. The State Board of Elections shall make a determination as to whether the petitions for recall meet the minimum requirements. If the State Board of Elections determines that the petitions for recall do meet the minimum requirements, then the political party committee for the district in question shall meet and hold a vote to decide whether to remove that nominee from the ballot. If a majority of the committee votes to remove, then the committee shall file a withdrawal with the proper election authority and may then appoint a replacement as if a vacancy existed.

Section 99. Effective date. This Act takes effect upon becoming law.