SB3205 101ST GENERAL ASSEMBLY

LRB101 18010 SMS 67448 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3205

Introduced 2/11/2020, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

10 ILCS 5/7-59	from Ch. 46, par. 7-59
10 ILCS 5/17-16.1	from Ch. 46, par. 17-16.1
10 ILCS 5/18-9.1	from Ch. 46, par. 18-9.1
65 ILCS 5/3.1-20-45
65 ILCS 5/3.1-25-20	from Ch. 24, par. 3.1-25-20

Amends the Election Code. Provides that those intending to become write-in candidates for statewide, congressional, state legislative, or judicial offices or offices in which the electors are not entirely within a county shall file a notarized declaration of intent with the State Board of Elections. Provides what shall be included in a declaration of intent. Provides that all write-in votes shall be counted for persons who filed the notarized declaration of intent with the appropriate election authority between 75 days and 65 days before the general primary and between 120 days and 75 days before the election or consolidated primary (rather than 61 days before the primary or election). Provides that persons intending to become write-in candidates for the offices of President and Vice President or Governor and Lieutenant Governor shall file one joint declaration of intent to be a write-in candidate with the State Board of Elections and that votes case for either candidate shall constitute a valid write-in vote for the slate of candidates. Provides that the State Board of Elections shall provide a listing of valid write-in candidates to the appropriate election authority before the deadline for ballot certification. Makes conforming changes throughout the Code and the Illinois Municipal Code.

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 7-59, 17-16.1, and 18-9.1 as follows:

(10 ILCS 5/7-59) (from Ch. 46, par. 7-59)

Sec. 7-59. (a) The person receiving the highest number of votes at a primary as a candidate of a party for the nomination for an office shall be the candidate of that party for such office, and his name as such candidate shall be placed on the official ballot at the election then next ensuing; provided, that where there are two or more persons to be nominated for the same office or board, the requisite number of persons receiving the highest number of votes shall be nominated and their names shall be placed on the official ballot at the following election.

Except as otherwise provided by Section 7-8 of this Act, the person receiving the highest number of votes of his party for State central committeeperson of his congressional district shall be declared elected State central committeeperson from said congressional district.

Unless a national political party specifies that delegates and alternate delegates to a National nominating convention be allocated by proportional selection representation according to the results of a Presidential preference primary, the requisite number of persons receiving the highest number of votes of their party for delegates and alternate delegates to National nominating conventions from the State at large, and the requisite number of persons receiving the highest number of votes of their party for delegates and alternate delegates to National nominating conventions in their respective congressional districts shall be declared elected delegates and alternate delegates to the National nominating conventions of their party.

A political party which elects the members to its State Central Committee by Alternative B under paragraph (a) of Section 7-8 shall select its congressional district delegates and alternate delegates to its national nominating convention by proportional selection representation according to the results of a Presidential preference primary in each congressional district in the manner provided by the rules of the national political party and the State Central Committee, when the rules and policies of the national political party so require.

A political party which elects the members to its State Central Committee by Alternative B under paragraph (a) of Section 7-8 shall select its at large delegates and alternate delegates to its national nominating convention by proportional selection representation according to the results of a Presidential preference primary in the whole State in the manner provided by the rules of the national political party and the State Central Committee, when the rules and policies of the national political party so require.

The person receiving the highest number of votes of his party for precinct committeeperson of his precinct shall be declared elected precinct committeeperson from said precinct.

The person receiving the highest number of votes of his party for township committeeperson of his township or part of a township as the case may be, shall be declared elected township committeeperson from said township or part of a township as the case may be. In cities where ward committeepersons are elected, the person receiving the highest number of votes of his party for ward committeeperson of his ward shall be declared elected ward committeeperson from said ward.

When two or more persons receive an equal and the highest number of votes for the nomination for the same office or for committeeperson of the same political party, or where more than one person of the same political party is to be nominated as a candidate for office or committeeperson, if it appears that more than the number of persons to be nominated for an office or elected committeeperson have the highest and an equal number of votes for the nomination for the same office or for election as committeeperson, the election authority by which the returns of the primary are canvassed shall decide by lot which of said persons shall be nominated or elected, as the case may be. In such case the election authority shall issue notice in writing to such persons of such tie vote stating therein the place, the day (which shall not be more than 5 days thereafter) and the hour when such nomination or election shall be so determined.

(b) Persons intending to become write-in candidates for offices to be filled by electors of the entire State or any district not entirely within a county or for congressional, state legislative, or judicial offices as described in Sections 7-12, 7-67, and 25-7 shall file a notarized declaration of intent to be a write-in candidate with the principal office of the State Board of Elections. Forms for the declaration of intent to be a write-in candidate shall be supplied by the office or election authority with whom nominating petitions for the office sought are filed. Declarations of intent to be a write-in candidate shall include: (A) the name and address of the person intending to become a write-in candidate; (B) the office sought; (C) the date of the election; and (D) the notarized signature of the candidate or candidates. Declarations of intent to be a write-in candidate that do not include items (A) through (D) shall not be accepted.

Write-in votes shall be counted only for persons who have filed notarized declarations of intent to be write-in candidates with the proper election authority, election or authorities, or the State Board of Elections no earlier than 75 days before the primary but no not later than 65 61 days before prior to the primary. However, whenever an objection to a candidate's nominating papers or petitions for any office is sustained under Section 10-10 after the 65th 61st day before the election, then write-in votes shall be counted for that candidate if he or she has filed a notarized declaration of intent to be a write-in candidate for that office with the proper election authority, election or authorities, or State Board of Elections not later than 7 days prior to the election.

Forms for the declaration of intent to be a write-in candidate shall be supplied by the election authorities. Such declaration shall specify the office for which the person seeks nomination or election as a write-in candidate.

Persons intending to become write-in candidates for the offices of President and Vice President or Governor and Lieutenant Governor shall file one joint declaration of intent to be a write-in candidate with the State Board of Elections.

The State Board of Elections shall provide a listing of valid write-in candidates to the proper election authority or authorities no later than the deadline for ballot certification. The election authority or authorities shall deliver a list of all persons who have filed such declarations of intent to the election judges in the appropriate precincts prior to the primary.

(c) (1) Notwithstanding any other provisions of this Section, where the number of candidates whose names have been printed on a party's ballot for nomination for or election to an office at a primary is less than the number of persons the party is entitled to nominate for or elect to the office at the primary, a person whose name was not printed on the party's primary ballot as a candidate for nomination for or election to the office, is not nominated for or elected to that office as a result of a write-in vote at the primary unless the number of votes he received equals or exceeds the number of signatures required on a petition for nomination for that office; or unless the number of votes he receives exceeds the number of votes received by at least one of the candidates whose names were printed on the primary ballot for nomination for or election to the same office.

(2) Paragraph (1) of this subsection does not apply where the number of candidates whose names have been printed on the party's ballot for nomination for or election to the office at the primary equals or exceeds the number of persons the party is entitled to nominate for or elect to the office at the primary.

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

(10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)

Sec. 17-16.1. Write-in votes shall be counted only for persons who have filed notarized declarations of intent to be write-in candidates with the proper election authority, election or authorities, or the State Board of Elections no earlier than 120 days before the election but no not later than 61 75 days before prior to the election. However, whenever an objection to a candidate's nominating papers or petitions for any office is sustained under Section 10-10 after the 75th 61st day before the election, then write-in votes shall be counted for that candidate if he or she has filed a notarized declaration of intent to be a write-in candidate for that office with the proper election authority, election or authorities, or the State Board of Elections not later than 7 days prior to the election.

Forms for the declaration of intent to be a write-in candidate shall be supplied by the election authorities or the State Board of Elections. Declarations of intent to be a write-in candidate shall include: (A) the name and address of the person intending to become a write-in candidate; (B) the office sought; (C) the date of election; and (D) the notarized signature of the candidate or candidates. Declarations of intent to be a write-in candidate that do not include items (A) through (D) shall not be accepted. Such declaration shall specify the office for which the person seeks election as a write-in candidate.

Persons intending to become write-in candidates for the offices of President and Vice President or Governor and Lieutenant Governor shall file one joint declaration of intent to be a write-in candidate with the State Board of Elections. Votes cast for either candidate shall constitute a valid write-in vote for the slate of candidates.

The State Board of Elections shall provide a listing of valid write-in candidates to the proper election authority or authorities no later than the deadline for ballot certification. The election authority or authorities shall deliver a list of all persons who have filed such declarations of intent to the election judges in the appropriate precincts prior to the election.

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 to file a declaration of intent to be a write-in candidate for election in that general or consolidated election.

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 is defeated for his or her nomination at such caucus is ineligible to file a declaration of intent to be a write-in candidate for election in that general or consolidated election.

A candidate seeking election to an office for which candidates are nominated at a primary election on a nonpartisan basis and who is defeated for his or her nomination at the primary election is ineligible to file a declaration of intent to be a write-in candidate for election in that general or consolidated election.

Nothing in this Section shall be construed to apply to votes cast under the provisions of subsection (b) of Section 16-5.01.

(Source: P.A. 95-699, eff. 11-9-07.)

(10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)

Sec. 18-9.1. Write-in votes shall be counted only for persons who have filed notarized declarations of intent to be write-in candidates with the proper election authority, election or authorities, or the State Board of Elections no earlier than 120 days before the election but no not later than 75 61 days before prior to the election. However, whenever an objection to a candidate's nominating papers or petitions is sustained under Section 10-10 after the 75th 61st day before the election, then write-in votes shall be counted for that candidate if he or she has filed a notarized declaration of intent to be a write-in candidate for that office with the proper election authority, election or authorities, or the State Board of Elections not later than 7 days prior to the election.

Forms for the declaration of intent to be a write-in candidate shall be supplied by the election authorities or the State Board of Elections. Declarations of intent to be a write-in candidate shall include: (A) the name and address of the person intending to become a write-in candidate; (B) the office sought; (C) the date of election; and (D) the notarized signature of the candidate or candidates. Declarations of intent to be a write-in candidate that do not include items (A) through (D) shall not be accepted. Such declaration shall specify the office for which the person seeks election as a write-in candidate.

Persons intending to become write-in candidates for the offices of President and Vice President or Governor and Lieutenant Governor shall file one joint declaration of intent to be a write-in candidate with the State Board of Elections. Votes cast for either candidate shall constitute a valid write-in vote for the slate of candidates.

Not less than 75 days before the date of the election, the State Board of Elections shall provide a listing of valid write-in candidates to the proper election authority or authorities. The election authority or authorities shall deliver a list of all persons who have filed such declarations of intent to the election judges in the appropriate precincts prior to the election.

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 to file a declaration of intent to be a write-in candidate for election in that general or consolidated election.

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 is defeated for his or her nomination at such caucus is ineligible to file a declaration of intent to be a write-in candidate for election in that general or consolidated election.

A candidate seeking election to an office for which candidates are nominated at a primary election on a nonpartisan basis and who is defeated for his or her nomination at the primary election is ineligible to file a declaration of intent to be a write-in candidate for election in that general or consolidated election.

Nothing in this Section shall be construed to apply to votes cast under the provisions of subsection (b) of Section 16-5.01.

(Source: P.A. 95-699, eff. 11-9-07.)

Section 10. The Illinois Municipal Code is amended by changing Sections 3.1-20-45 and 3.1-25-20 as follows:

(65 ILCS 5/3.1-20-45)

Sec. 3.1-20-45. Nonpartisan primary elections; uncontested office. A city incorporated under this Code that elects municipal officers at nonpartisan primary and general elections shall conduct the elections as provided in the Election Code, except that no office for which nomination is uncontested shall be included on the primary ballot and no primary shall be held for that office. For the purposes of this Section, an office is uncontested when not more than 4 persons to be nominated for each office have timely filed valid nominating papers seeking nomination for the election to that office.

Notwithstanding the preceding paragraph, when a person (i) who has not timely filed valid nomination papers and (ii) who intends to become a write-in candidate for nomination for any office for which nomination is uncontested files a declaration of intent to be a write-in candidates written statement or notice of that intent with the proper election official with whom the nomination papers for that office are filed, no primary ballot shall be printed. Where no primary is held, persons intending to become a write-in candidate at the consolidated primary election shall re-file a declaration of intent to be a write-in candidate for the consolidated election with the appropriate election authority or authorities. if the write-in candidate becomes the fifth candidate filed, a primary ballot must be prepared and a primary must be held for the office. The declaration of intent to be a write-in candidate statement or notice must be filed on or before the 75th 61st day before the consolidated primary election. The statement must contain (i) the name and address of the person intending to become a write-in candidate, (ii) a statement that the person intends to become a write-in candidate, and (iii) the office the person is seeking as a write-in candidate, (iv) the date of the election, and (v) the notarized signature of the candidate. Declarations of intent to be a write-in candidate that do not include items (i) through (v) shall not be accepted. An election authority has no duty to conduct a primary election or prepare a primary ballot unless a statement meeting the requirements of this paragraph is filed in a timely manner.

If there is a primary election, then candidates shall be placed on the ballot for the next succeeding general municipal election in the following manner:

(1) If one officer is to be elected, then the 2 candidates who receive the highest number of votes shall be placed on the ballot for the next succeeding general municipal election.

(2) If 2 aldermen are to be elected at large, then the 4 candidates who receive the highest number of votes shall be placed on the ballot for the next succeeding general municipal election.

(3) If 3 aldermen are to be elected at large, then the 6 candidates who receive the highest number of votes shall be placed on the ballot for the next succeeding general municipal election.

The name of a write-in candidate may not be placed on the ballot for the next succeeding general municipal election unless he or she receives a number of votes in the primary election that equals or exceeds the number of signatures required on a petition for nomination for that office or that exceeds the number of votes received by at least one of the candidates whose names were printed on the primary ballot for nomination for or election to the same office.

(Source: P.A. 97-81, eff. 7-5-11.)

(65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)

Sec. 3.1-25-20. Primary election. A village incorporated under this Code shall nominate and elect candidates for president and trustees in nonpartisan primary and general elections as provided in Sections 3.1-25-20 through 3.1-25-55 until the electors of the village vote to require the partisan election of the president and trustees at a referendum in the manner provided in Section 3.1-25-65 after January 1, 1992. The provisions of Sections 3.1-25-20 through 3.1-25-55 shall apply to all villages incorporated under this Code that have operated under those Sections without the adoption of those provisions by the referendum provided in Section 3.1-25-60 as well as those villages that have adopted those provisions by the referendum provided in Section 3.1-25-60 until the electors of those villages vote to require the partisan election of the president and trustees in the manner provided in Section 3.1-25-65. Villages that have nominated and elected candidates for president and trustees in partisan elections prior to January 1, 1992, may continue to hold partisan elections without conducting a referendum in the manner provided in Section 3.1-25-65. All candidates for nomination to be voted for at all general municipal elections at which a president or trustees, or both, are to be elected under this Article shall be nominated from the village at large by a primary election.

Notwithstanding any other provision of law, no primary shall be held in any village when the nomination for every office to be voted upon by the electors of the village is uncontested. If the nomination of candidates is uncontested as to one or more, but not all, of the offices to be voted upon by the electors of the village, then a primary must be held in the village, provided that the primary ballot shall not include those offices in the village for which the nomination is uncontested. For the purposes of this Section, an office is uncontested when not more than the number of persons to be nominated to the office have timely filed valid nominating papers seeking nomination for election to that office.

Notwithstanding the preceding paragraph, when a person (i) who has not timely filed valid nomination papers and (ii) who intends to become a write-in candidate for nomination for any office for which nomination is uncontested files a declaration of intent to be a write-in candidate written statement or notice of that intent with the proper election official with whom the nomination papers for that office are filed, no primary ballot shall be printed. Where no primary is held, persons intending to become a write-in candidate at the consolidated primary election shall re-file a declaration of intent to be a write-in candidate for the consolidated election with the appropriate election authority or authorities. a primary ballot must be prepared and a primary must be held for the office. The declaration of intent to be a write-in candidate statement or notice must be filed on or before the 75th 61st day before the consolidated primary election. The statement must contain (i) the name and address of the person intending to become a write-in candidate, (ii) a statement that the person intends to become a write-in candidate, and (iii) the office the person is seeking as a write-in candidate, (iv) the date of the election, and (v) the notarized signature of the candidate. Declarations of intent to be a write-in candidate that do not include items (i) through (v) shall not be accepted. An election authority has no duty to conduct a primary election or prepare a primary ballot unless a statement meeting the requirements of this paragraph is filed in a timely manner.

Only the names of those persons nominated in the manner prescribed in Sections 3.1-25-20 through 3.1-25-65 shall be placed on the ballot at the general municipal election. The village clerk shall certify the offices to be filled and the candidates for those offices to the proper election authority as provided in the general election law. A primary for those offices, if required, shall be held in accordance with the general election law.

(Source: P.A. 91-57, eff. 6-30-99.)