Text of IL HB 3184 (2011)
ST ETHICS TRAINING-CANDIDATES
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As introduced
84,936 characters
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3184
Introduced , by Rep. Deborah Mell
SYNOPSIS AS INTRODUCED:
5 ILCS 430/5-10
10 ILCS 5/7-10 from Ch. 46, par. 7-10
10 ILCS 5/7-12 from Ch. 46, par. 7-12
10 ILCS 5/7-60 from Ch. 46, par. 7-60
10 ILCS 5/7-61 from Ch. 46, par. 7-61
10 ILCS 5/8-8 from Ch. 46, par. 8-8
10 ILCS 5/8-17.1 from Ch. 46, par. 8-17.1
10 ILCS 5/10-5 from Ch. 46, par. 10-5
10 ILCS 5/10-11 from Ch. 46, par. 10-11
10 ILCS 5/22-1 from Ch. 46, par. 22-1
10 ILCS 5/22-7 from Ch. 46, par. 22-7
10 ILCS 5/22-17 from Ch. 46, par. 22-17
Amends the State Officials and Employees Ethics Act. Requires each candidate for election to the General Assembly to file, at the time of filing petitions for nomination, a certificate of having completed within the previous 12-month period an ethics and campaign finance training program designated by the Joint Committee on Legislative Support Services. Amends the Election Code to make conforming changes. Effective immediately.
LRB097 06424 JDS 46506 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3184LRB097 06424 JDS 46506 b
1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 5-10 as follows:
6 (5 ILCS 430/5-10)
7 Sec. 5-10. Ethics training.
8 (a) Each officer, member, and employee
must complete, at
9least
annually beginning in 2004, an ethics training program
10conducted by the
appropriate
State agency. Each ultimate
11jurisdictional authority
must implement an ethics training
12program for its officers, members, and
employees.
These ethics
13training programs shall be overseen by the appropriate Ethics
14Commission and Inspector
General appointed pursuant to this Act
15in consultation with the Office of the
Attorney
General.
16 (a-5) Each candidate for election to the General Assembly
17must, at the time of filing petitions for nomination, also file
18a certificate of having completed within the previous 12-month
19period an ethics and campaign finance training program
20designated by the Joint Committee on Legislative Support
21Services.
22 (b) Each ultimate jurisdictional authority subject to the
23Executive Ethics Commission shall submit to the Executive
HB3184- 2 -LRB097 06424 JDS 46506 b
1Ethics Commission, at least annually, or more frequently as
2required by that Commission, an annual report that summarizes
3ethics training that was completed during the previous year,
4and lays out the plan for the ethics training programs in the
5coming year.
6 (c) Each Inspector General
shall set standards and
7determine the hours and frequency of training necessary for
8each
position or category of positions. A person who fills a
9vacancy in an
elective or appointed position that requires
10training and a person
employed in a position that requires
11training must complete his or her
initial ethics training
12within 30 days after commencement of his or
her office or
13employment.
14 (d) Upon completion of the ethics training program, each
15officer, member, and employee must certify in writing that the
16person has completed the training program. Each officer,
17member, and employee must provide to his or her ethics officer
18a signed copy of the certification by the deadline for
19completion of the ethics training program.
20 (e) The ethics training provided under this Act by the
21Secretary of State may be expanded to satisfy the requirement
22of Section 4.5 of the Lobbyist Registration Act.
23(Source: P.A. 96-555, eff. 8-18-09.)
24 Section 10. The Election Code is amended by changing
25Sections 7-10, 7-12, 7-60, 7-61, 8-8, 8-17.1, 10-5, 10-11,
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122-1, 22-7, and 22-17 as follows:
2 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
3 Sec. 7-10. Form of petition for nomination. The name of no
4candidate for
nomination, or State central committeeman, or
5township committeeman, or
precinct committeeman, or ward
6committeeman or candidate for delegate or
alternate delegate to
7national nominating conventions, shall be printed
upon the
8primary ballot unless a petition for nomination has been filed
9in
his behalf as provided in this Article in substantially the
10following form:
11 We, the undersigned, members of and affiliated with the
12.... party
and qualified primary electors of the .... party, in
13the .... of ....,
in the county of .... and State of Illinois,
14do hereby petition that
the following named person or persons
15shall be a candidate or candidates
of the .... party for the
16nomination for (or in case of committeemen for
election to) the
17office or offices hereinafter specified, to be voted
for at the
18primary election to be held on (insert date).
19 Name
Office
Address
20John Jones
Governor
Belvidere, Ill.
21Jane James Lieutenant Governor Peoria, Ill.
22Thomas Smith
Attorney General
Oakland, Ill.
23Name.................. Address.......................
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1State of Illinois)
2 ) ss.
3County of........)
4 I, ...., do hereby certify
that I reside at No. ....
5street, in the .... of ...., county of ....,
and State of
6....., that I am 18 years of age or older, that
I am a citizen
7of the United States, and that the signatures on this sheet
8were signed
in my presence, and are genuine, and that to the
9best of my knowledge
and belief the persons so signing were at
10the time of signing the
petitions qualified voters of the ....
11party, and that their respective
residences are correctly
12stated, as above set forth.
13
.........................
14 Subscribed and sworn to before me on (insert date).
15
.........................
16 Each sheet of the petition other than the statement of
17candidacy and
candidate's statement shall be of uniform size
18and shall contain above
the space for signatures an appropriate
19heading giving the information
as to name of candidate or
20candidates, in whose behalf such petition is
signed; the
21office, the political party represented and place of
residence;
22and the heading of each sheet shall be the same.
23 Such petition shall be signed by qualified primary electors
24residing
in the political division for which the nomination is
25sought in their
own proper persons only and opposite the
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1signature of each signer, his
residence address shall be
2written or printed. The residence address
required to be
3written or printed opposite each qualified primary elector's
4name shall include the street address or rural route number of
5the signer,
as the case may be, as well as the signer's county,
6and city, village or
town, and state.
However the county or
7city, village or town, and state of residence of
the electors
8may be printed on the petition forms where all of the
electors
9signing the petition reside in the same county or city, village
10or town, and state. Standard abbreviations may be used in
11writing the
residence address, including street number, if any.
12At the bottom of
each sheet of such petition shall be added a
13circulator statement signed by
a person 18 years of age or
14older who is a citizen of the United States,
stating the street
15address or rural route number, as the case may be, as well
as
16the county, city, village or town, and state;
and certifying
17that the signatures on that sheet of the petition were signed
18in
his or her presence and certifying that the signatures are
19genuine; and
either (1) indicating the dates on which that
20sheet was circulated, or (2)
indicating the first and last
21dates on which the sheet was circulated, or (3)
certifying that
22none of the signatures on the sheet were signed more than 90
23days preceding the last day for the filing of the petition and
24certifying that
to the best of his or her knowledge and belief
25the persons so signing were at
the time of signing the
26petitions qualified voters of the political party for
which a
HB3184- 6 -LRB097 06424 JDS 46506 b
1nomination is sought. Such statement shall be sworn to before
2some
officer authorized to administer oaths in this State.
3 No petition sheet shall be circulated more than 90 days
4preceding the
last day provided in Section 7-12 for the filing
5of such petition.
6 The person circulating the petition, or the candidate on
7whose behalf the
petition is circulated, may strike any
8signature from the petition,
provided that:
9 (1) the person striking the signature shall initial the
10 petition at
the place where the signature is struck; and
11 (2) the person striking the signature shall sign a
12 certification
listing the page number and line number of
13 each signature struck from
the petition. Such
14 certification shall be filed as a part of the petition.
15 Such sheets before being filed shall be neatly fastened
16together in
book form, by placing the sheets in a pile and
17fastening them together
at one edge in a secure and suitable
18manner, and the sheets shall then
be numbered consecutively.
19The sheets shall not be fastened by pasting
them together end
20to end, so as to form a continuous strip or roll. All
petition
21sheets which are filed with the proper local election
22officials,
election authorities or the State Board of Elections
23shall be the original
sheets which have been signed by the
24voters and by the circulator thereof,
and not photocopies or
25duplicates of such sheets. Each petition must include
as a part
26thereof, a statement of candidacy for each of the candidates
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1filing,
or in whose behalf the petition is filed. This
2statement shall set out the
address of such candidate, the
3office for which he is a candidate, shall state
that the
4candidate is a qualified primary voter of the party to which
5the
petition relates and is qualified for the office specified
6(in the case of a
candidate for State's Attorney it shall state
7that the candidate is at the time
of filing such statement a
8licensed attorney-at-law of this State), shall state
that he
9has filed (or will file before the close of the petition filing
10period)
a statement of economic interests as required by the
11Illinois Governmental
Ethics Act, shall state that he or she
12has filed a certificate of ethics and campaign finance training
13if required to do so by the State Officials and Employees
14Ethics Act, shall request that the candidate's name be placed
15upon the official
ballot, and shall be subscribed and sworn to
16by such candidate before some
officer authorized to take
17acknowledgment of deeds in the State and shall be in
18substantially the following form:
19Statement of Candidacy
20Name
Address
Office
District
Party
21John Jones
102 Main St.
Governor
Statewide
Republican
22
Belvidere,
23
Illinois
24State of Illinois)
25 ) ss.
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1County of .......)
2 I, ...., being first duly sworn, say that I reside at ....
3Street in the city
(or village) of ...., in the county of ....,
4State of Illinois; that I
am a qualified voter therein and am a
5qualified primary voter of the ....
party; that I am a
6candidate for nomination (for election in the case of
7committeeman and delegates and alternate delegates) to the
8office of ....
to be voted upon at the primary election to be
9held on (insert date); that I am
legally qualified (including
10being the holder of any license that may be an eligibility
11requirement
for the office I seek the nomination for) to hold
12such office and that I
have filed (or I will file before the
13close of the petition filing period)
a statement of economic
14interests as required by the Illinois
Governmental Ethics Act
15and a certificate of ethics and campaign finance training if
16required to do so by the State Officials and Employees Ethics
17Act, and I hereby request that my name be printed
upon the
18official primary ballot for nomination for (or election to in
19the case of committeemen and delegates and alternate delegates)
20such
office.
21
Signed ......................
22 Subscribed and sworn to (or affirmed) before me by ....,
23who is to me
personally known, on (insert date).
24
Signed ....................
25(Official Character)
26(Seal, if officer has one.)
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1 The petitions, when filed, shall not be withdrawn or added
2to, and no
signatures shall be revoked except by revocation
3filed in writing with
the State Board of Elections, election
4authority or local election
official with whom the petition is
5required to be filed, and before the
filing of such petition.
6Whoever forges the name of a signer upon any
petition required
7by this Article is deemed guilty of a forgery and on
conviction
8thereof shall be punished accordingly.
9 A candidate for the offices listed in this Section must
10obtain the number
of signatures specified in this Section on
11his or her petition for nomination.
12 (a) Statewide office or delegate to a national nominating
13convention. If a
candidate seeks to run for statewide office or
14as a delegate or alternate
delegate to a national nominating
15convention elected from the State at-large,
then the
16candidate's petition for nomination must contain at least 5,000
17but
not more than 10,000 signatures.
18 (b) Congressional office or congressional delegate to a
19national nominating
convention. If a candidate seeks to run for
20United States Congress or as a
congressional delegate or
21alternate congressional delegate to a national
nominating
22convention elected from a congressional district, then the
23candidate's petition for nomination must contain at least the
24number of
signatures equal to 0.5% of the qualified primary
25electors of his or her party
in his or her congressional
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1district. In the first primary election following a
2redistricting of congressional districts, a candidate's
3petition for nomination
must contain at least 600 signatures of
4qualified primary electors of the
candidate's political party
5in his or her congressional district.
6 (c) County office. If a candidate seeks to run for any
7countywide office,
including but not limited to county board
8chairperson or county board
member, elected on an at-large
9basis, in a county other than Cook County,
then the candidate's
10petition for nomination must contain at least the number
of
11signatures equal to 0.5% of the qualified electors of his or
12her party who
cast votes at the last preceding general election
13in his or her county. If a
candidate
seeks to run for county
14board member elected from a county board district, then
the
15candidate's petition for nomination must contain at least the
16number of
signatures equal to 0.5% of the qualified primary
17electors of his or her party
in the
county board district. In
18the first primary election following a redistricting
of county
19board districts or the initial establishment of county board
20districts, a candidate's petition for nomination must contain
21at least the
number of signatures equal to 0.5% of the
22qualified electors of his or her
party
in the entire county who
23cast votes at the last preceding general election
divided by
24the
total number of county board districts comprising the
25county board; provided
that
in no event shall the number of
26signatures be less than 25.
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1 (d) County office; Cook County only.
2 (1) If a candidate seeks to run for countywide office
3 in Cook County,
then the candidate's petition for
4 nomination must contain at least the number
of signatures
5 equal to 0.5% of the qualified electors of his or her party
6 who
cast votes at the last preceding general election in
7 Cook County.
8 (2) If a candidate seeks to run for Cook County Board
9 Commissioner,
then the candidate's petition for nomination
10 must contain at least the number
of signatures equal to
11 0.5% of
the qualified primary electors of his or her party
12 in his or her county board
district. In the first primary
13 election following a redistricting of Cook
County Board of
14 Commissioners districts, a candidate's petition for
15 nomination must contain at least the number of signatures
16 equal to 0.5% of
the qualified electors of his or her party
17 in the entire county who cast votes
at the last
preceding
18 general election divided by the total number of county
19 board
districts comprising the county board; provided that
20 in no event shall the
number of signatures be less than 25.
21 (3) If a candidate seeks to run for Cook County Board
22 of Review
Commissioner, which is elected from a district
23 pursuant to subsection (c)
of Section 5-5 of the Property
24 Tax Code, then the candidate's petition for
nomination must
25 contain at least the number of signatures equal to 0.5% of
26 the total number of registered voters in his or her board
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1 of
review district in the last general election at which a
2 commissioner was
regularly scheduled to be elected from
3 that board of review district. In no
event shall the number
4 of signatures required be greater than the requisite
number
5 for a candidate who seeks countywide office in Cook County
6 under subsection (d)(1) of this Section. In the first
7 primary election
following a redistricting of Cook County
8 Board of Review districts, a
candidate's petition for
9 nomination must contain at least 4,000 signatures
or at
10 least the number of signatures required for a countywide
11 candidate in
Cook County, whichever is less,
of the
12 qualified electors of his or her party in the district.
13 (e) Municipal or township office. If a candidate seeks to
14run for municipal
or township office, then the candidate's
15petition for nomination must contain
at least the number of
16signatures equal to 0.5% of the qualified primary
electors of
17his or her party in the municipality or township. If a
18candidate
seeks to run for alderman of a municipality, then the
19candidate's petition for
nomination must contain at least the
20number of signatures equal to 0.5% of the
qualified primary
21electors of his or her party of the ward. In the first
primary
22election following redistricting of aldermanic wards or
23trustee
districts of a municipality or the initial
24establishment of wards or districts,
a candidate's petition for
25nomination must contain the number of signatures
equal to at
26least 0.5% of the total number of votes cast for the candidate
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1of
that political party who received the highest number of
2votes in the entire
municipality at the last regular election
3at which an officer was regularly
scheduled to be elected from
4the entire municipality, divided by the number of wards or
5districts. In no
event shall the number of signatures be less
6than 25.
7 (f) State central committeeperson. If a candidate seeks to
8run for State
central committeeperson, then the candidate's
9petition for nomination must
contain at least 100 signatures of
10the primary electors of his or her party of
his or
her
11congressional district.
12 (g) Sanitary district trustee. If a candidate seeks to run
13for trustee of a
sanitary district in which trustees are not
14elected from wards, then the
candidate's petition for
15nomination must contain at least the number of
signatures equal
16to 0.5% of the primary electors of his or her party from the
17sanitary district. If a candidate seeks to run for trustee
of a
18sanitary district in which trustees are elected from wards,
19then the
candidate's petition for
nomination must contain at
20least the number of signatures equal to 0.5% of the
primary
21electors of his or her party in the ward of that sanitary
22district. In
the
first primary election following
23redistricting of sanitary districts elected
from wards, a
24candidate's petition for nomination must contain at least the
25signatures of 150 qualified primary electors of his or her ward
26of that
sanitary district.
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1 (h) Judicial office. If a candidate seeks to run for
2judicial office in a district, then the candidate's petition
3for nomination must contain the number of signatures equal to
40.4% of the number of votes cast in that district for the
5candidate for his or her political party for the office of
6Governor at the last general election at which a Governor was
7elected, but in no event less than 500 signatures. If a
8candidate seeks to run for judicial office in a
circuit or
9subcircuit, then the candidate's petition for nomination
must
10contain the number of signatures equal to 0.25% of the number
11of votes
cast for the judicial candidate of his or her
12political party who received the
highest number of votes
at the
13last general election at which a judicial
officer from the same
14circuit or subcircuit was regularly scheduled
to be elected,
15but in no event less than 500 signatures.
16 (i) Precinct, ward, and township committeeperson. If a
17candidate seeks to
run for precinct committeeperson, then the
18candidate's petition for nomination
must contain at least 10
19signatures of the primary electors of his or her
party for the
20precinct. If a candidate seeks to run for ward committeeperson,
21then the candidate's petition for nomination must contain no
22less than the
number of signatures equal to 10% of the primary
23electors of his or her party
of the ward, but no more than 16%
24of those same electors; provided that the
maximum number of
25signatures may be 50 more than the minimum number, whichever
is
26greater. If a candidate seeks to run for township
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1committeeperson, then the
candidate's petition for nomination
2must contain no less than the number of
signatures equal to 5%
3of the primary electors of his or her party of the
township,
4but no more than 8% of those same electors;
provided that the
5maximum number of signatures may be 50 more than the
minimum
6number, whichever is greater.
7 (j) State's attorney or regional superintendent of schools
8for multiple
counties. If
a candidate seeks to run for State's
9attorney or regional Superintendent of
Schools who serves more
10than one county, then the candidate's petition for
nomination
11must contain at least the number of signatures equal to 0.5% of
12the
primary electors of his or her party in the territory
13comprising the counties.
14 (k) Any other office. If a candidate seeks any other
15office, then the
candidate's petition for nomination must
16contain at least the number of
signatures equal to 0.5% of the
17registered voters of the political subdivision,
district, or
18division for which the nomination is made or 25 signatures,
19whichever is greater.
20 For purposes of this Section the number of primary electors
21shall be
determined by taking the total vote cast, in the
22applicable district, for the
candidate for that political party
23who received the highest number of votes,
statewide, at the
24last general election in the State at which electors for
25President of the United States were elected. For political
26subdivisions, the
number of primary electors shall be
HB3184- 16 -LRB097 06424 JDS 46506 b
1determined by taking the total vote
cast for the candidate for
2that political party who received the highest number
of votes
3in the political subdivision at the last regular election at
4which an
officer was regularly scheduled to be elected from
5that subdivision. For wards
or districts of political
6subdivisions, the number of primary electors shall be
7determined by taking the total vote cast for the candidate for
8that political
party who received the highest number of votes
9in the ward or district at the
last regular election at which
10an officer was regularly scheduled to be elected
from that ward
11or district.
12 A "qualified primary elector" of a party may not
sign
13petitions for or be a candidate in the primary of more than
one
14party.
15 The changes made to this Section of this amendatory Act of
16the 93rd General
Assembly are declarative of existing law,
17except for item (3) of subsection
(d).
18 Petitions of candidates for nomination for offices herein
19specified,
to be filed with the same officer, may contain the
20names of 2 or more
candidates of the same political party for
21the same or different
offices. In the case of the offices of
22Governor and Lieutenant Governor, a joint petition including
23one candidate for each of those offices must be filed.
24(Source: P.A. 95-699, eff. 11-9-07; 95-916, eff. 8-26-08;
2596-1018, eff. 1-1-11.)
HB3184- 17 -LRB097 06424 JDS 46506 b
1 (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
2 Sec. 7-12.
All petitions for nomination shall be filed by
3mail or
in person as follows:
4 (1) Where the nomination is to be made for a State,
5 congressional, or
judicial office, or for any office a
6 nomination for which is made for a
territorial division or
7 district which comprises more than one county or
is partly
8 in one county and partly in another county or counties,
9 then,
except as otherwise provided in this Section, such
10 petition for nomination
shall be filed in the principal
11 office of the State Board of Elections not
more than 113
12 and not less than 106 days prior to the date of the
13 primary,
but, in the case of petitions for nomination to
14 fill a vacancy by special
election in the office of
15 representative in Congress from this State, such
petition
16 for nomination shall be filed in the principal office of
17 the State
Board of Elections not more than 57 days and not
18 less than 50 days prior to
the date of the primary.
19 Where a vacancy occurs in the office of Supreme,
20 Appellate or Circuit
Court Judge within the 3-week period
21 preceding the 106th day before a
general primary election,
22 petitions for nomination for the office in which
the
23 vacancy has occurred shall be filed in the principal office
24 of the
State Board of Elections not more than 92 nor less
25 than 85 days prior to
the date of the general primary
26 election.
HB3184- 18 -LRB097 06424 JDS 46506 b
1 Where the nomination is to be made for delegates or
2 alternate
delegates to a national nominating convention,
3 then such petition for
nomination shall be filed in the
4 principal office of the State Board of
Elections not more
5 than 113 and not less than 106 days prior to the date of
6 the primary; provided, however, that if the rules or
7 policies of a national
political party conflict with such
8 requirements for filing petitions for
nomination for
9 delegates or alternate delegates to a national nominating
10 convention, the chairman of the State central committee of
11 such national
political party shall notify the Board in
12 writing, citing by reference the
rules or policies of the
13 national political party in conflict, and in such
case the
14 Board shall direct such petitions to be filed not more than
15 83 and
not less than 76 days prior to the date of the
16 primary.
17 (2) Where the nomination is to be made for a county
18 office or trustee
of a sanitary district then such petition
19 shall be filed in the office
of the county clerk not more
20 than 113 nor less than 106 days prior to the
date of the
21 primary.
22 (3) Where the nomination is to be made for a municipal
23 or township
office, such petitions for nomination shall be
24 filed in the office of
the local election official, not
25 more than 99 nor less than 92 days
prior to the date of the
26 primary; provided, where a municipality's or
township's
HB3184- 19 -LRB097 06424 JDS 46506 b
1 boundaries are coextensive with or are entirely within the
2 jurisdiction of a municipal board of election
3 commissioners, the petitions
shall be filed in the office
4 of such board; and provided, that petitions
for the office
5 of multi-township assessor shall be filed with the election
6 authority.
7 (4) The petitions of candidates for State central
8 committeeman shall
be filed in the principal office of the
9 State Board of Elections not
more than 113 nor less than
10 106 days prior to the date of the primary.
11 (5) Petitions of candidates for precinct, township or
12 ward
committeemen shall be filed in the office of the
13 county clerk not more
than 113 nor less than 106 days prior
14 to the date of the primary.
15 (6) The State Board of Elections and the various
16 election authorities
and local election officials with
17 whom such petitions for nominations
are filed shall specify
18 the place where filings shall be made and upon
receipt
19 shall endorse thereon the day and hour on which each
20 petition
was filed. All petitions filed by persons waiting
21 in line as of 8:00
a.m. on the first day for filing, or as
22 of the normal opening hour of
the office involved on such
23 day, shall be deemed filed as of 8:00 a.m.
or the normal
24 opening hour, as the case may be. Petitions filed by mail
25 and received after midnight of the first day for filing and
26 in the first
mail delivery or pickup of that day shall be
HB3184- 20 -LRB097 06424 JDS 46506 b
1 deemed as filed as of 8:00
a.m. of that day or as of the
2 normal opening hour of such day, as the
case may be. All
3 petitions received thereafter shall be deemed as filed
in
4 the order of actual receipt. Where 2 or more petitions are
5 received
simultaneously, the State Board of Elections or
6 the various election
authorities or local election
7 officials with whom such petitions are
filed shall break
8 ties and determine the order of filing, by means of a
9 lottery or other fair and impartial method of random
10 selection approved
by the State Board of Elections. Such
11 lottery shall be conducted within
9 days following the last
12 day for petition filing and shall be open to the
public.
13 Seven days written notice of the time and place of
14 conducting such
random selection shall be given by the
15 State Board of Elections to the
chairman of the State
16 central committee of each established political
party, and
17 by each election authority or local election official, to
18 the
County Chairman of each established political party,
19 and to each
organization of citizens within the election
20 jurisdiction which was
entitled, under this Article, at the
21 next preceding election, to have
pollwatchers present on
22 the day of election. The State Board of Elections,
election
23 authority or local election official shall post in a
24 conspicuous,
open and public place, at the entrance of the
25 office, notice of the time
and place of such lottery. The
26 State Board of Elections shall adopt rules
and regulations
HB3184- 21 -LRB097 06424 JDS 46506 b
1 governing the procedures for the conduct of such lottery.
2 All candidates shall be certified in the order in which
3 their petitions
have been filed. Where candidates have
4 filed simultaneously, they shall be
certified in the order
5 determined by lot and prior to candidates who filed
for the
6 same office at a later time.
7 (7) The State Board of Elections or the appropriate
8 election
authority or local election official with whom
9 such a petition for
nomination is filed shall notify the
10 person for whom a petition for
nomination has been filed of
11 the obligation to file statements of
organization, reports
12 of campaign contributions, and annual reports of
campaign
13 contributions and expenditures under Article 9 of this Act.
14 Such notice shall be given in the manner prescribed by
15 paragraph (7) of
Section 9-16 of this Code.
16 (8) Nomination papers filed under this Section are not
17 valid if the
candidate named therein fails to file a
18 statement of economic interests
as required by the Illinois
19 Governmental Ethics Act in relation to his
candidacy with
20 the appropriate officer by the end of the period for the
21 filing of nomination papers unless he has filed a statement
22 of economic
interests in relation to the same governmental
23 unit with that officer
within a year preceding the date on
24 which such nomination papers were
filed. If the nomination
25 papers of any candidate and the statement of
economic
26 interest of that candidate are not required to be filed
HB3184- 22 -LRB097 06424 JDS 46506 b
1 with
the same officer, the candidate must file with the
2 officer with whom the
nomination papers are filed a receipt
3 from the officer with whom the
statement of economic
4 interests is filed showing the date on which such
statement
5 was filed. Such receipt shall be so filed not later than
6 the
last day on which nomination papers may be filed.
7 (8.5) Nomination papers filed under this Section by
8 candidates for the General Assembly are not valid if the
9 candidate named therein is required to file a certificate
10 evidencing completion of the ethics and campaign finance
11 training under the State Officials and Employees Ethics Act
12 but fails to do so by the end of the period for the
filing
13 of nomination papers.
14 (9) Any person for whom a petition for nomination, or
15 for committeeman or
for delegate or alternate delegate to a
16 national nominating convention has
been filed may cause his
17 name to be withdrawn by request in writing, signed
by him
18 and duly acknowledged before an officer qualified to take
19 acknowledgments of deeds, and filed in the principal or
20 permanent branch
office of the State Board of Elections or
21 with the appropriate election
authority or local election
22 official, not later than the date of
certification of
23 candidates for the consolidated primary or general primary
24 ballot. No names so withdrawn shall be certified or printed
25 on the
primary ballot. If petitions for nomination have
26 been filed for the
same person with respect to more than
HB3184- 23 -LRB097 06424 JDS 46506 b
1 one political party, his name
shall not be certified nor
2 printed on the primary ballot of any party.
If petitions
3 for nomination have been filed for the same person for 2 or
4 more offices which are incompatible so that the same person
5 could not
serve in more than one of such offices if
6 elected, that person must
withdraw as a candidate for all
7 but one of such offices within the
5 business days
8 following the last day for petition filing. If he fails to
9 withdraw as a candidate for all but one of such offices
10 within such time
his name shall not be certified, nor
11 printed on the primary ballot, for any
office. For the
12 purpose of the foregoing provisions, an office in a
13 political party is not incompatible with any other office.
14 (10)(a) Notwithstanding the provisions of any other
15 statute, no primary
shall be held for an established
16 political party in any township,
municipality, or ward
17 thereof, where the nomination of such
party for every
18 office to be voted upon by the electors of such
township,
19 municipality, or ward thereof, is uncontested. Whenever a
20 political party's nomination of candidates is uncontested
21 as to one or
more, but not all, of the offices to be voted
22 upon by the electors of a
township, municipality, or ward
23 thereof, then a primary shall
be held for that party in
24 such township, municipality, or ward thereof;
provided
25 that the primary ballot shall not include those offices
26 within such township, municipality, or ward thereof, for
HB3184- 24 -LRB097 06424 JDS 46506 b
1 which the
nomination is uncontested. For purposes of this
2 Article, the nomination
of an established political party
3 of a candidate for election to an office
shall be deemed to
4 be uncontested where not more than the number of persons
to
5 be nominated have timely filed valid nomination papers
6 seeking the
nomination of such party for election to such
7 office.
8 (b) Notwithstanding the provisions of any other
9 statute, no primary
election shall be held for an
10 established political party for any special
primary
11 election called for the purpose of filling a vacancy in the
12 office
of representative in the United States Congress
13 where the nomination of
such political party for said
14 office is uncontested. For the purposes of
this Article,
15 the nomination of an established political party of a
16 candidate for election to said office shall be deemed to be
17 uncontested
where not more than the number of persons to be
18 nominated have timely filed
valid nomination papers
19 seeking the nomination of such established party
for
20 election to said office. This subsection (b) shall not
21 apply if such
primary election is conducted on a regularly
22 scheduled election day.
23 (c) Notwithstanding the provisions in subparagraph (a)
24 and (b) of this
paragraph (10), whenever a person who has
25 not timely filed valid nomination
papers and who intends to
26 become a write-in candidate for a political
party's
HB3184- 25 -LRB097 06424 JDS 46506 b
1 nomination for any office for which the nomination is
2 uncontested
files a written statement or notice of that
3 intent with the State Board of
Elections or the local
4 election official with whom nomination papers for
such
5 office are filed, a primary ballot shall be prepared and a
6 primary
shall be held for that office. Such statement or
7 notice shall be filed on
or before the date established in
8 this Article for certifying candidates
for the primary
9 ballot. Such statement or notice shall contain (i) the
name
10 and address of the person intending to become a write-in
11 candidate,
(ii) a statement that the person is a qualified
12 primary elector of the
political party from whom the
13 nomination is sought, (iii) a statement that
the person
14 intends to become a write-in candidate for the party's
15 nomination, and (iv) the office the person is seeking as a
16 write-in
candidate. An election authority shall have no
17 duty to conduct a primary
and prepare a primary ballot for
18 any office for which the nomination is
uncontested unless a
19 statement or notice meeting the requirements of this
20 Section is filed in a timely manner.
21 (11) If multiple sets of nomination papers are filed
22 for a candidate to
the same office, the State Board of
23 Elections, appropriate election
authority or local
24 election official where the petitions are filed shall
25 within 2 business days notify the candidate of his or her
26 multiple petition
filings and that the candidate has 3
HB3184- 26 -LRB097 06424 JDS 46506 b
1 business days after receipt of the
notice to notify the
2 State Board of Elections, appropriate election
authority
3 or local election official that he or she may cancel prior
4 sets
of petitions. If the candidate notifies the State
5 Board of Elections,
appropriate election authority or
6 local election official, the last set of
petitions filed
7 shall be the only petitions to be considered valid by the
8 State Board of Elections, election authority or local
9 election official. If
the candidate fails to notify the
10 State Board of Elections, election authority
or local
11 election official then only the first set of petitions
12 filed shall be valid
and all subsequent petitions shall be
13 void.
14 (12) All nominating petitions shall be available for
15 public inspection
and shall be preserved for a period of
16 not less than 6 months.
17(Source: P.A. 96-1008, eff. 7-6-10.)
18 (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
19 Sec. 7-60. Not less than 74 days before the date of the
20general
election, the State Board of Elections shall certify to
21the county clerks
the names of each of the candidates who have
22been nominated as shown by the
proclamation of the State Board
23of Elections as a canvassing board or who
have been nominated
24to fill a vacancy in nomination and direct the election
25authority to place upon the official ballot for the general
HB3184- 27 -LRB097 06424 JDS 46506 b
1election the
names of such candidates in the same manner and in
2the same order as shown
upon the certification, except as
3otherwise provided in this Section.
4 Not less than 68 days before the date of the general
5election, each
county clerk shall certify the names of each of
6the candidates for county
offices who have been nominated as
7shown by the proclamation of the county
election authority or
8who have been nominated to fill a vacancy in nomination
and
9declare that the names of such candidates for the respective
10offices
shall be placed upon the official ballot for the
11general election in the
same manner and in the same order as
12shown upon the certification, except
as otherwise provided by
13this Section. Each county clerk shall place a
copy of the
14certification on file in his or her office and at the same
time
15issue to the State Board of Elections a copy of such
16certification.
In addition, each county clerk in whose county
17there is a board of election
commissioners shall, not less than
1868 days before the date of the general
election, issue to such
19board a copy of the certification that has been
filed in the
20county clerk's office, together with a copy of the
21certification that has been issued to the clerk by the State
22Board of
Elections, with directions to the board of election
23commissioners to place
upon the official ballot for the general
24election in that election
jurisdiction the names of all
25candidates that are listed on such
certifications, in the same
26manner and in the same order as shown upon such
certifications,
HB3184- 28 -LRB097 06424 JDS 46506 b
1except as otherwise provided in this Section.
2 Whenever there are two or more persons nominated by the
3same political
party for multiple offices for any board, the
4name of the candidate of such
party receiving the highest
5number of votes in the primary election as a
candidate for such
6office, as shown by the official election returns of the
7primary, shall be certified first under the name of such
8offices, and the
names of the remaining candidates of such
9party for such offices shall
follow in the order of the number
10of votes received by them respectively at
the primary election
11as shown by the official election results.
12 No person who is shown by the final
proclamation to have
13been nominated or elected at the primary as a write-in
14candidate shall have his or her
name certified unless such
15person shall have filed with the certifying
office or board
16within 10 days after the election authority's proclamation
a
17statement of candidacy pursuant to Section 7-10, a statement
18pursuant
to Section 7-10.1, a certificate of ethics and
19campaign finance if required to do so by the State Officials
20and Employees Ethics Act, and a receipt for the filing of a
21statement of economic interests in relation to the unit of
22government to which he or she has been elected or nominated.
23 Each county clerk and board of election commissioners shall
24determine
by a fair and impartial method of random selection
25the order of placement
of established political party
26candidates for the general election ballot.
Such determination
HB3184- 29 -LRB097 06424 JDS 46506 b
1shall be made within 30 days following the canvass and
2proclamation
of the results of the general primary
in the
3office of the county clerk or board of election commissioners
4and
shall be open to the public. Seven days written notice of
5the time and place
of conducting such random selection shall be
6given, by each such election
authority, to the County Chairman
7of each established political party, and
to each organization
8of citizens within the election jurisdiction which
was
9entitled, under this Article, at the next preceding election,
10to have
pollwatchers present on the day of election. Each
11election authority shall
post in a conspicuous, open and public
12place, at the entrance of the election
authority office, notice
13of the time and place of such lottery. However,
a board of
14election commissioners may elect to place established
15political
party candidates on the general election ballot in
16the same order determined
by the county clerk of the county in
17which the city under the jurisdiction
of such board is located.
18 Each certification shall indicate, where applicable, the
19following:
20 (1) The political party affiliation of the candidates
21 for the respective offices;
22 (2) If there is to be more than one candidate elected
23 to an office from
the State, political subdivision or
24 district;
25 (3) If the voter has the right to vote for more than
26 one candidate for an office;
HB3184- 30 -LRB097 06424 JDS 46506 b
1 (4) The term of office, if a vacancy is to be filled
2 for less than a
full term or if the offices to be filled in
3 a political subdivision are for
different terms.
4 The State Board of Elections or the county clerk, as the
5case may be,
shall issue an amended certification whenever it
6is discovered that the
original certification is in error.
7(Source: P.A. 96-1008, eff. 7-6-10.)
8 (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
9 Sec. 7-61. Whenever a special election is necessary the
10provisions of
this Article are applicable to the nomination of
11candidates to be voted
for at such special election.
12 In cases where a primary election is required the officer
13or board or
commission whose duty it is under the provisions of
14this Act relating to
general elections to call an election,
15shall fix a date for the primary
for the nomination of
16candidates to be voted for at such special
election. Notice of
17such primary shall be given at least 15 days prior
to the
18maximum time provided for the filing of petitions for such a
19primary as provided in Section 7-12.
20 Any vacancy in nomination under the provisions of this
21Article 7
occurring on or after the primary and prior to
22certification of
candidates by the certifying board or officer,
23must be filled prior to the
date of certification. Any vacancy
24in nomination occurring after certification
but prior to 15
25days before the general election shall be filled within 8 days
HB3184- 31 -LRB097 06424 JDS 46506 b
1after the event creating the vacancy. The resolution filling
2the vacancy shall
be sent by U. S. mail or personal delivery to
3the certifying officer or board
within 3 days of the action by
4which the vacancy was filled; provided, if such
resolution is
5sent by mail and the U. S. postmark on the envelope containing
6such resolution is dated prior to the expiration of such 3 day
7limit, the
resolution shall be deemed filed within such 3 day
8limit. Failure to so
transmit the resolution within the time
9specified in this Section shall
authorize the certifying
10officer or board to certify the original candidate.
Vacancies
11shall be filled by the officers of a local municipal or
12township
political party as specified in subsection (h) of
13Section 7-8, other than a
statewide political party, that is
14established only within a municipality or
township and the
15managing committee (or legislative committee in case of a
16candidate for State Senator or representative committee in the
17case of a
candidate for State Representative in the General
18Assembly or State central committee in the case of a candidate
19for statewide office, including but not limited to the office
20of United States Senator) of the respective
political party for
21the territorial area in which such vacancy occurs.
22 The resolution to fill a vacancy in nomination shall be
23duly
acknowledged before an officer qualified to take
24acknowledgements of deeds
and shall include, upon its face, the
25following information:
26 (a) the name of the original nominee and the office
HB3184- 32 -LRB097 06424 JDS 46506 b
1vacated;
2 (b) the date on which the vacancy occurred;
3 (c) the name and address of the nominee selected to fill
4the vacancy and
the date of selection.
5 The resolution to fill a vacancy in nomination shall be
6accompanied by a
Statement of Candidacy, as prescribed in
7Section 7-10, completed by the
selected nominee, a certificate
8of ethics and campaign finance training if required to do so by
9the State Officials and Employees Ethics Act, and a receipt
10indicating that such nominee has filed a
statement of economic
11interests as required by the Illinois Governmental
Ethics Act .
12 The provisions of Section 10-8 through 10-10.1 relating to
13objections to
certificates of nomination and nomination
14papers, hearings on objections,
and judicial review, shall
15apply to and govern objections to resolutions
for filling a
16vacancy in nomination.
17 Any vacancy in nomination occurring 15 days or less before
18the consolidated
election or the general election shall not be
19filled. In this event, the
certification of the original
20candidate shall stand and his name shall
appear on the official
21ballot to be voted at the general election.
22 A vacancy in nomination occurs when a candidate who has
23been
nominated under the provisions of this Article 7 dies
24before the
election (whether death occurs prior to, on or after
25the day of the
primary), or declines the nomination; provided
26that nominations may
become vacant for other reasons.
HB3184- 33 -LRB097 06424 JDS 46506 b
1 If the name of no established political party candidate was
2printed on
the consolidated primary ballot for a particular
3office
and if no person was nominated as a write-in candidate
4for such office,
a vacancy in nomination shall be created which
5may be filled in accordance
with the requirements of this
6Section. If the name of no established political
party
7candidate was printed on the general primary ballot for a
8particular
office and if no person was nominated as a write-in
9candidate for such office,
a vacancy in nomination shall be
10filled only by a person designated by the appropriate committee
11of the political party and only if that designated person files
12nominating petitions with the number of signatures required for
13an established party candidate for that office within 75 days
14after the day of the general primary. The circulation period
15for those petitions begins on the day the appropriate committee
16designates that person. The person shall file his or her
17nominating petitions, statements of candidacy, notice of
18appointment by the appropriate committee, a certificate of
19ethics and campaign finance training if required to do so by
20the State Officials and Employees Ethics Act, and receipt of
21filing his or her statement of economic interests together.
22These documents shall be filed at the same location as provided
23in Section 7-12. The electoral boards having jurisdiction under
24Section 10-9 to hear and pass upon objections to nominating
25petitions also shall hear and pass upon objections to
26nomination petitions filed by candidates under this paragraph.
HB3184- 34 -LRB097 06424 JDS 46506 b
1 A candidate for whom a nomination paper has been filed as a
2partisan
candidate at a primary election, and who is defeated
3for his or her
nomination at such primary election, is
4ineligible to be listed on the
ballot at that general or
5consolidated election as a candidate of another
political
6party.
7 A candidate seeking election to an office for which
8candidates of
political parties are nominated by caucus who is
9a participant in the
caucus and who is defeated for his or her
10nomination at such caucus, is
ineligible to be listed on the
11ballot at that general or consolidated
election as a candidate
12of another political party.
13 In the proceedings to nominate a candidate to fill a
14vacancy or to
fill a vacancy in the nomination, each precinct,
15township, ward, county
or congressional district, as the case
16may be, shall through its
representative on such central or
17managing committee, be entitled to one
vote for each ballot
18voted in such precinct, township, ward, county or
congressional
19district, as the case may be, by the primary electors of
its
20party at the primary election immediately preceding the meeting
21at
which such vacancy is to be filled.
22 For purposes of this Section, the words "certify" and
23"certification"
shall refer to the act of officially declaring
24the names of candidates
entitled to be printed upon the
25official ballot at an election and
directing election
26authorities to place the names of such candidates upon
the
HB3184- 35 -LRB097 06424 JDS 46506 b
1official ballot. "Certifying officers or board" shall refer to
2the
local election official, election authority or the State
3Board of
Elections, as the case may be, with whom nomination
4papers, including
certificates of nomination and resolutions
5to fill vacancies in nomination,
are filed and whose duty it is
6to "certify" candidates.
7(Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
8 (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
9 Sec. 8-8. Form of petition for nomination. The name of no
10candidate for nomination shall be printed
upon the primary
11ballot unless a petition for nomination shall have been
filed
12in his behalf as provided for in this Section. Each such
13petition
shall include as a part thereof the oath required by
14Section 7-10.1 of
this Act and a statement of candidacy by the
15candidate filing or in
whose behalf the petition is filed. This
16statement shall set out the
address of such candidate, the
17office for which he is a candidate, shall
state that the
18candidate is a qualified primary voter of the party to
which
19the petition relates, is qualified for the office specified and
20has filed a statement of economic interests as required by the
21Illinois
Governmental Ethics Act and a certificate of ethics
22and campaign finance training if required to do so by the State
23Officials and Employees Ethics Act, shall request that the
24candidate's name be
placed upon the official ballot, and shall
25be subscribed and sworn by
such candidate before some officer
HB3184- 36 -LRB097 06424 JDS 46506 b
1authorized to take acknowledgment of
deeds in this State and
2may be in substantially the following form:
3State of Illinois)
4 ) ss.
5County ..........)
6 I, ...., being first duly sworn, say that I reside at ....
7street in
the city (or village of) .... in the county of ....
8State of Illinois;
that I am a qualified voter therein and am a
9qualified primary voter of
.... party; that I am a candidate
10for nomination to the office of ....
to be voted upon at the
11primary election to be held on (insert date);
that I am legally
12qualified to hold such office and
that I have filed a statement
13of economic interests as required by the
Illinois Governmental
14Ethics Act and a certificate of ethics and campaign finance
15training if required to do so by the State Officials and
16Employees Ethics Act, and I hereby request that my name be
17printed upon the official primary ballot for nomination for
18such office.
19
Signed ....................
20 Subscribed and sworn to (or affirmed) before me by ....,
21who is to me
personally known, on (insert date).
22Signed .... (Official Character)
23(Seal if officer has one.)
24 The receipt issued by the Secretary of State indicating
25that the candidate has filed the statement of economic
26interests required by the Illinois Governmental Ethics Act must
HB3184- 37 -LRB097 06424 JDS 46506 b
1be filed with the petitions for nomination as provided in
2subsection (8) of Section 7-12 of this Code.
The certificate of
3ethics and campaign finance training, if required under the
4State Officials and Employees Ethics Act, must be filed with
5the petitions for nomination as provided in subsection (8.5) of
6Section 7-12 of this Code.
7 All petitions for nomination for the office of State
8Senator shall be signed
by 1% or 1,000
, whichever is greater,
9of the qualified primary electors of
the candidate's party in
10his legislative district, except that for the first
primary
11following a redistricting of legislative districts, such
12petitions
shall be signed by at least 1,000
qualified primary
13electors of the candidate's
party in his legislative district.
14 All petitions for nomination for the office of
15Representative in the General
Assembly shall be signed by at
16least 1% or 500
, whichever is greater, of
the qualified
17primary electors of the candidate's party in his or her
18representative district, except that for the first primary
19following
a redistricting of representative districts such
20petitions shall be signed
by at least 500
qualified primary
21electors of the candidate's party in
his or her representative
22district.
23 Opposite the signature of each qualified primary elector
24who signs a
petition for nomination for the office of State
25Representative or State
Senator such elector's residence
26address shall be written or printed. The
residence address
HB3184- 38 -LRB097 06424 JDS 46506 b
1required to be written or printed opposite each qualified
2primary elector's name shall include the street address or
3rural route
number of the signer, as the case may be, as well
4as the signer's county
and city, village or town.
5 For the purposes of this Section, the number of primary
6electors shall
be determined by taking the total vote cast, in
7the applicable district,
for the candidate for such political
8party who received the highest number
of votes, state-wide, at
9the last general election in the State at which
electors for
10President of the United States were elected.
11 A "qualified primary elector" of a party may not sign
12petitions for or be a
candidate in the primary of more than one
13party.
14 In the affidavit at the bottom of each sheet, the petition
15circulator,
who shall be a person 18 years of age or older who
16is a citizen of the United
States, shall state his or her
17street address or rural route
number, as the
case may be, as
18well as his or her county, city, village or
town, and state;
19and
shall certify that the signatures on that sheet of the
20petition were signed in
his or her presence; and shall certify
21that the signatures are genuine; and
shall certify
that to the
22best of his or her knowledge and belief the persons so signing
23were
at the time of signing the petition qualified primary
24voters for which the
nomination is sought.
25 In the affidavit at the bottom of each petition sheet, the
26petition
circulator shall either (1) indicate the dates on
HB3184- 39 -LRB097 06424 JDS 46506 b
1which he or she
circulated that sheet, or (2) indicate the
2first and last dates on which
the sheet was circulated, or (3)
3certify that none of the signatures on the
sheet were signed
4more than 90 days preceding the last day for the filing
of the
5petition. No petition sheet shall be circulated more than 90
6days
preceding the last day provided in Section 8-9 for the
7filing of such petition.
8 All petition sheets which are filed with the State Board of
9Elections shall
be the original sheets which have been signed
10by the voters and by the
circulator, and not photocopies or
11duplicates of such sheets.
12 The person circulating the petition, or the candidate on
13whose behalf
the petition is circulated, may strike any
14signature from the petition,
provided that:
15 (1) the person striking the signature shall initial the
16 petition at
the place where the signature is struck; and
17 (2) the person striking the signature shall sign a
18 certification
listing the page number and line number of
19 each signature struck from
the petition. Such
20 certification shall be filed as a part of the petition.
21(Source: P.A. 94-645, eff. 8-22-05.)
22 (10 ILCS 5/8-17.1) (from Ch. 46, par. 8-17.1)
23 Sec. 8-17.1.
Whenever a vacancy in the office of State
24Senator is to be
filled by election pursuant to Article IV,
25Section 2(d) of the Constitution
and Section 25-6 of this Code,
HB3184- 40 -LRB097 06424 JDS 46506 b
1nominations shall be made and any vacancy in
nomination shall
2be filled pursuant to this Section:
3 (1) If the vacancy in office occurs before the first
4 date provided in
Section 8-9 for filing nomination papers
5 for the primary in the next
even-numbered year following
6 the commencement of the term, the nominations
for the
7 election for filling such vacancy shall be made as
8 otherwise
provided in Article 8.
9 (2) If the vacancy in office occurs during the time
10 provided in Section
8-9 for filing nomination papers for
11 the office of State Senator for the
primary in the next
12 even-numbered year following commencement of the term
of
13 office in which such vacancy occurs, the time for filing
14 nomination
papers for such office for the primary shall be
15 not more than 105 days and
not less than 99 days prior to
16 the date of the primary election.
17 (3) If the vacancy in office occurs after the last day
18 provided in Section
8-9 for filing nomination papers for
19 the office of State Senator, a vacancy
in nomination shall
20 be deemed to have occurred and the legislative
committee of
21 each established political party shall nominate, by
22 resolution, a candidate to fill such vacancy in nomination
23 for the election
to such office at such general election.
24 In the proceedings to fill the
vacancy in nomination the
25 voting strength of the members of the legislative
committee
26 shall be as provided in Section 8-6. The name of the
HB3184- 41 -LRB097 06424 JDS 46506 b
1 candidate
so nominated shall not appear on the ballot at
2 the general primary election.
Such vacancy in nomination
3 shall be filled prior to the date of
certification of
4 candidates for the general election.
5 (4) The resolution to fill the vacancy shall be duly
6 acknowledged before
an officer qualified to take
7 acknowledgments of deeds and shall include,
upon its face,
8 the following information: ;
9 (a) the names of the original nominee and the
10 office vacated;
11 (b) the date on which the vacancy occurred;
12 (c) the name and address of the nominee selected to
13 fill the vacancy and
the date of selection.
14 The resolution to fill the vacancy shall be accompanied
15 by a Statement
of Candidacy, as prescribed in Section 7-10,
16 completed by the selected
nominee, a certificate of ethics
17 and campaign finance training if required to do so by the
18 State Officials and Employees Ethics Act, and a receipt
19 indicating that such nominee has filed a statement of
20 economic interests as required by the Illinois
21 Governmental Ethics Act.
22 The provisions of Sections 10-8 through 10-10.1 relating to
23objections to
nomination papers, hearings on objections and
24judicial review, shall also
apply to and govern objections to
25nomination papers and resolutions for filling
vacancies in
26nomination filed pursuant to this Section.
HB3184- 42 -LRB097 06424 JDS 46506 b
1 Unless otherwise specified herein, the nomination and
2election provided
for in this Section shall be governed by this
3Code.
4(Source: P.A. 96-1008, eff. 7-6-10; revised 9-16-10.)
5 (10 ILCS 5/10-5) (from Ch. 46, par. 10-5)
6 Sec. 10-5.
All petitions for nomination shall,
besides
7containing the names of candidates, specify as to each:
8 1. The office or offices to which such candidate or
9candidates shall
be nominated.
10 2. The new political party, if any, represented, expressed
11in not more than 5
words. However, such party shall not bear
12the same name as, nor include
the name of any established
13political party as defined in this Article.
This prohibition
14does not preclude any established political party from
making
15nominations in those cases in which it is authorized to do so.
16 3. The place of residence of any such candidate or
17candidates with
the street and number thereof, if any. In the
18case of electors for
President and Vice-President of the United
19States, the names of
candidates for President and
20Vice-President may be added to the party
name or appellation.
21 Such certificate of nomination or nomination papers in
22addition shall
include as a part thereof, the oath required by
23Section 7-10.1 of this
Act and must include a statement of
24candidacy for each of the candidates named
therein, except
25candidates for electors for President and Vice-President
of the
HB3184- 43 -LRB097 06424 JDS 46506 b
1United States. Each such statement shall set out the address of
2such candidate, the office for which he is a candidate, shall
3state that
the candidate is qualified for the office specified
4and has filed (or will
file before the close of the petition
5filing period) a
statement of economic interests as required by
6the Illinois Governmental
Ethics Act and a certificate of
7ethics and campaign finance training if required to do so by
8the State Officials and Employees Ethics Act, shall request
9that the candidate's name be placed upon the
official ballot
10and shall be subscribed and sworn to by such candidate
before
11some officer authorized to take acknowledgments of deeds in
12this
State, and may be in substantially the following form:
13State of Illinois)
14 ) SS.
15County of........)
16 I,...., being first duly sworn, say that I reside at....
17street, in
the city (or village) of.... in the county of....
18State of Illinois;
and that I am a qualified voter therein;
19that I am a candidate for
election to the office of.... to be
20voted upon at the election to be
held on the.... day
21of....,.....; and that I am legally qualified
to hold such
22office and that I have filed (or will file before the close
of
23the petition filing period) a statement of economic
interests
24as required by the Illinois Governmental Ethics Act and a
25certificate of ethics and campaign finance training if required
26to do so by the State Officials and Employees Ethics Act, and I
HB3184- 44 -LRB097 06424 JDS 46506 b
1hereby request that my name be printed upon the official ballot
2for
election to such office.
3
Signed.................
4 Subscribed and sworn to (or affirmed) before me by.... who
5is to me
personally known, this.... day of....,......
6
Signed.................
7
(Official Character)
8(Seal, if officer has one.)
9 In addition, a new political party petition shall have
10attached thereto
a certificate stating the names and addresses
11of the party officers authorized
to fill vacancies in
12nomination pursuant to Section 10-11.
13 Nomination papers filed under this Section are not valid if
14the
candidate named therein fails to file a statement of
15economic interests
as required by the Illinois Governmental
16Ethics Act in relation to his
candidacy with the appropriate
17officer by the end of the period for the
filing of nomination
18papers unless he has filed a statement of economic
interests in
19relation to the same governmental unit with that officer
during
20the same calendar year as the year in which such nomination
21papers were filed. If the nomination papers of any candidate
22and the
statement of economic interest of that candidate are
23not required to be
filed with the same officer, the candidate
24must file with the officer
with whom the nomination papers are
25filed a receipt from the officer
with whom the statement of
26economic interests is filed showing the date
on which such
HB3184- 45 -LRB097 06424 JDS 46506 b
1statement was filed. Such receipt shall be so filed not
later
2than the last day on which nomination papers may be filed.
3 Nomination papers filed under this Section are not valid if
4the
candidate for the General Assembly named therein fails to
5file a certificate evidencing completion of the ethics and
6campaign finance training with the appropriate officer by the
7end of the period for the
filing of nomination papers, if
8required to do so by the State Officials and Employees Ethics
9Act.
10(Source: P.A. 84-551.)
11 (10 ILCS 5/10-11) (from Ch. 46, par. 10-11)
12 Sec. 10-11.
Any vacancy in the nomination of a new
13political party
candidate occurring prior to
the date of
14certification of candidates for the ballot
by the certifying
15board or officer must be filled prior to the date of
16certification.
The resolution to fill such
vacancy shall be
17sent by U.S. mail or personal delivery to the certifying
18officer or board within 3 days of the action by which the
19vacancy was filled;
provided, if such resolution
is sent by
20mail and the U.S. postmark on the envelope containing such
21resolution
is dated prior to the expiration of such 3 day
22limit, the notice or resolution
shall be deemed filed within
23such 3 day limit. Failure
to so transmit the notice or
24resolution within the time
specified in this Section shall
25authorize the certifying officer
or board to certify the
HB3184- 46 -LRB097 06424 JDS 46506 b
1original candidate. Vacancies shall be filled
by the new
2political party officers.
3 Any vacancy in nomination occurring after certification
4but prior to 15
days before a regular election shall be filled
5by the new political
party officers within
8 days after the
6event creating the vacancy in the manner heretofore prescribed.
7 The resolution to fill a vacancy in nomination shall be
8duly
acknowledged before an officer qualified to take
9acknowledgements of deeds
and shall include, upon its face, the
10following information:
11 (a) the name of the original nominee and the office
12vacated;
13 (b) the date on which the vacancy occurred;
14 (c) the name and address of the nominee selected to fill
15the vacancy and
the date of selection.
16 The resolution to fill a vacancy in nomination shall be
17accompanied by a
Statement of Candidacy, as prescribed in
18Section 10-5, completed by the
selected nominee and a receipt
19indicating that such nominee has filed a
statement of economic
20interests as required by the Illinois Governmental Ethics Act
21and a certificate of ethics and campaign finance training if
22required to so by the State Officials and Employees Ethics Act.
23 The provisions of Sections 10-8 through 10-10.1 relating to
24objections to
certificates of nomination and nomination
25papers, hearings on objections,
and judicial review, shall
26apply to and govern objections to resolutions
for filling a
HB3184- 47 -LRB097 06424 JDS 46506 b
1vacancy in nomination.
2 Any vacancy in nomination occurring 15 days or less before
3a regular election
shall not be filled. In this event the
4certification of the original candidate
shall stand and his
5name shall appear on the official ballot to be voted
at the
6election.
7 A vacancy in nomination occurs when a candidate who has
8been nominated
under the provisions of Section 10-2 dies before
9the election, or declines
the nomination; provided that
10nomination may become vacant for other reasons.
11 However, the provisions of this Section shall not apply to
12any vacancy
in nomination for a municipal office for which the
13Municipal Code, as now
or hereafter amended, provides a
14different method for filling such vacancy,
and the applicable
15provision of the Municipal Code shall govern in such cases.
16 Any vacancy in a nomination by caucus of an established
17political party
for a township or municipal office shall be
18filled in accordance with Section
7-61 of this Code.
19 For purposes of this Section, the words "certify" and
20"certification"
shall refer to the act of officially declaring
21the names of candidates
entitled to be printed upon the
22official ballot at an election and
directing election
23authorities to place the names of such candidates upon
the
24official ballot. "Certifying officers or board" shall refer to
25the
local election official, election authority or the State
26Board of
Elections, as the case may be, with whom nomination
HB3184- 48 -LRB097 06424 JDS 46506 b
1papers, certificates of
nomination papers and resolutions to
2fill vacancies in nomination are filed
and whose duty it is to
3"certify" candidates.
4(Source: P.A. 84-757.)
5 (10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
6 Sec. 22-1. Abstracts of votes. Within 21 days after the
7close of the
election at which candidates for offices
8hereinafter named in this Section are
voted upon, the election
9authorities of the respective counties shall open the returns
10and make abstracts of
the votes on a separate sheet for each of
11the following:
12 A. For Governor and Lieutenant Governor;
13 B. For State officers;
14 C. For presidential electors;
15 D. For United States Senators and Representatives to
16 Congress;
17 E. For judges of the Supreme Court;
18 F. For judges of the Appellate Court;
19 G. For judges of the circuit court;
20 H. For Senators and Representatives to the General
21 Assembly;
22 I. For State's Attorneys elected from 2 or more
23 counties;
24 J. For amendments to the Constitution, and for other
25 propositions
submitted to the electors of the entire State;
HB3184- 49 -LRB097 06424 JDS 46506 b
1 K. For county officers and for propositions submitted
2 to the
electors of the county only;
3 L. For Regional Superintendent of Schools;
4 M. For trustees of Sanitary Districts; and
5 N. For Trustee of a Regional Board of School Trustees.
6 Each sheet shall report the returns by precinct or ward.
7 Multiple originals of each of the sheets shall be prepared
8and one of
each shall be turned over to the chairman of the
9county central
committee of each of the then existing
10established political parties, as
defined in Section 10-2, or
11his duly authorized representative
immediately after the
12completion of the entries on the sheets and before
the totals
13have been compiled.
14 The foregoing abstracts shall be preserved by the election
15authority in its office.
16 Whenever any county clerk is unable to canvass the vote,
17the deputy county clerk or a designee of the county clerk shall
18serve in his or her place.
19 The powers and duties of the election authority canvassing
20the votes are limited to
those specified in this Section.
21 No person who is shown by the election authority's
22proclamation to have been elected at the consolidated election
23or general election as a write-in candidate shall take office
24unless that person has first filed with the certifying office
25or board a statement of candidacy pursuant to Section 7-10 or
26Section 10-5, a statement pursuant to Section 7-10.1, a
HB3184- 50 -LRB097 06424 JDS 46506 b
1certificate of ethics and campaign finance training if required
2to do so by the State Officials and Employees Ethics Act, and a
3receipt for filing a statement of economic interests in
4relation to the unit of government to which he or she has been
5elected. For officers elected at the consolidated election, the
6certifying officer shall notify the election authority of the
7receipt of those documents, and the county clerk shall issue
8the certification of election under the provisions of Section
922-18.
10(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06;
1195-331, eff. 8-21-07.)
12 (10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
13 Sec. 22-7. Canvass of votes; declaration and proclamation
14of result. The State Board of Elections, shall proceed within
1531 days
after the election,
and sooner if all the returns are
16received, to canvass the votes given
for United States Senators
17and Representatives to Congress, State
executive officers,
18judges of the Supreme Court, judges of the Appellate
Court,
19judges of the Circuit Court, Senators, Representatives to the
20General Assembly, State's Attorneys and Regional
21Superintendents of Schools
elected from 2 or more counties,
22respectively, and the persons
having the highest number of
23votes for the respective offices shall be
declared duly
24elected, but if it appears that more than the number of
persons
25to be elected have the highest and an equal number of votes for
HB3184- 51 -LRB097 06424 JDS 46506 b
1the same office, the electoral board shall decide by lot which
2of such
persons shall be elected; and to each person duly
3elected, the Governor
shall give a certificate of election or
4commission, as the case may
require, and shall cause
5proclamation to be made of the result of the
canvass, and they
6shall at the same time and in the same manner, canvass
the vote
7cast upon amendments to the Constitution, and upon other
8propositions submitted to the electors of the entire State; and
9the
Governor shall cause to be made such proclamation of the
10result of the
canvass as the statutes elsewhere provide. The
11State Board of Elections
shall transmit to the State
12Comptroller a list of the persons elected to
the various
13offices. The State Board of Elections shall also transmit to
14the Supreme Court the names of persons elected to judgeships in
15adversary elections and the names of judges who fail to win
16retention in
office.
17 No person who is shown by the canvassing board's
18proclamation to have been elected at the consolidated election
19or general election as a write-in candidate shall take office
20unless that person has first filed with the certifying office
21or board a statement of candidacy pursuant to Section 7-10 or
22Section 10-5, a statement pursuant to Section 7-10.1, a
23certificate of ethics and campaign finance training if required
24to do so by the State Officials and Employees Ethics Act, and a
25receipt for filing a statement of economic interests in
26relation to the unit of government to which he or she has been
HB3184- 52 -LRB097 06424 JDS 46506 b
1elected. For officers elected at the consolidated election, the
2certifying officer shall notify the election authority of the
3receipt of those documents, and the county clerk shall issue
4the certification of election under the provisions of Section
522-18.
6(Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
7 (10 ILCS 5/22-17)
(from Ch. 46, par. 22-17)
8 Sec. 22-17. (a) Except as provided in subsection (b),
the
9canvass of votes cast at the consolidated election
shall be
10conducted by the election authority within 21 days
after the
11close of such elections.
12 (b) The board of election commissioners as provided in
13Section 22-8 shall canvass
the votes cast at the consolidated
14election for offices
of any political subdivision entirely
15within the jurisdiction of a
municipal board of election
16commissioners.
17 (c) The canvass of votes cast upon any public questions
18submitted to
the voters of any political subdivision, or any
19precinct or combination of
precincts within a political
20subdivision, at any regular election or at
any emergency
21referendum election, including votes cast by voters
outside of
22the political subdivision where the question is for
annexation
23thereto, shall be canvassed by the same election
authority as
24for the canvass of votes of the officers of such political
25subdivision. However, referenda conducted throughout a county
HB3184- 53 -LRB097 06424 JDS 46506 b
1and
referenda of sanitary districts whose officers are elected
2at general
elections shall be canvassed by the county clerk.
3The votes
cast on a public question for the formation of a
4political subdivision
shall be canvassed by the relevant
5election authority and filed with the circuit court that
6ordered the question
submitted.
7 (c-5) No person who is shown by the election authority's
8proclamation to have been elected at the consolidated election
9or general election as a write-in candidate shall take office
10unless that person has first filed with the certifying office
11or board a statement of candidacy pursuant to Section 7-10 or
12Section 10-5, a statement pursuant to Section 7-10.1, a
13certificate of ethics and campaign finance training if required
14to do so by the State Officials and Employees Ethics Act, and a
15receipt for filing a statement of economic interests in
16relation to the unit of government to which he or she has been
17elected. For officers elected at the consolidated election, the
18certifying officer shall notify the election authority of the
19receipt of those documents, and the county clerk shall issue
20the certification of election under the provisions of Section
2122-18.
22 (d) The canvass of votes for offices of political
23subdivisions cast
at special elections to fill vacancies held
24on the day of any regular
election shall be conducted by the
25election
authority which is responsible
for canvassing the
26votes at the regularly scheduled election for such office.
HB3184- 54 -LRB097 06424 JDS 46506 b
1 (e) Abstracts of votes prepared pursuant to canvasses under
2this Section shall report returns by precinct or ward.
3(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06;
495-331, eff. 8-21-07.)
5 Section 99. Effective date. This Act takes effect upon
6becoming law.
As enrolled or final
15,279 characters
Public Act 097-0004
HB3184 EnrolledLRB097 06424 JDS 46506 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Sections 5.707 and 6z-72 as follows:
(30 ILCS 105/5.707)
Sec. 5.707. The Married Families Domestic Violence Fund.
(Source: P.A. 95-711, eff. 6-1-08; 96-328, eff. 8-11-09.)
(30 ILCS 105/6z-72)
Sec. 6z-72. Married Families Domestic Violence Fund. The
Married Families Domestic Violence Fund is created as a special
fund in the State treasury. Subject to appropriation and
subject to approval by the Attorney General, the moneys in the
Fund shall be paid as grants to public or private nonprofit
agencies solely for the purposes of facilitating or providing
free domestic violence legal advocacy, assistance, or services
to married or formerly married victims of domestic violence
related to order of protection proceedings, dissolution of
marriage proceedings, declaration of invalidity of marriage
proceedings, legal separation proceedings, child custody
proceedings, visitation proceedings, or other proceedings for
civil remedies for domestic violence.
The Attorney General
shall adopt rules concerning application for and disbursement
of the moneys in the Fund.
(Source: P.A. 95-711, eff. 6-1-08; 96-328, eff. 8-11-09.)
Section 10. The Counties Code is amended by changing
Sections 4-4001 and 4-12003 as follows:
(55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001)
Sec. 4-4001. County Clerks; counties of first and second
class. The fees of the county clerk in counties of the first
and second
class, except when increased by county ordinance
pursuant to the
provisions of this Section, shall be:
For each official copy of any process, file, record or
other
instrument of and pertaining to his office, 50¢ for each
100 words, and
$1 additional for certifying and sealing the
same.
For filing any paper not herein otherwise provided for, $1,
except that
no fee shall be charged for filing a Statement of
economic interest pursuant
to the Illinois Governmental Ethics
Act or reports made pursuant to Article
9 of The Election Code.
For issuance of fireworks permits, $2.
For issuance of liquor licenses, $5.
For filing and recording of the appointment and oath of
each public
official, $3.
For officially certifying and sealing each copy of any
process, file,
record or other instrument of and pertaining to
his office, $1.
For swearing any person to an affidavit, $1.
For issuing each license in all matters except where the
fee for the
issuance thereof is otherwise fixed, $4.
For issuing each civil union or marriage license, the
certificate thereof, and for
recording the same, including the
recording of the parent's or
guardian's consent where
indicated, a fee to be determined by the county board of the
county, not to exceed $75, which shall be the same, whether for
a civil union or marriage license $20. $5 from all civil union
and marriage license fees shall be remitted by the clerk to the
State Treasurer for deposit into the Married Families Domestic
Violence Fund.
For taking and certifying acknowledgments to any
instrument, except
where herein otherwise provided for, $1.
For issuing each certificate of appointment or commission,
the fee
for which is not otherwise fixed by law, $1.
For cancelling tax sale and issuing and sealing
certificates of
redemption, $3.
For issuing order to county treasurer for redemption of
forfeited
tax, $2.
For trying and sealing weights and measures by county
standard,
together with all actual expenses in connection
therewith, $1.
For services in case of estrays, $2.
The following fees shall be allowed for services attending
the sale
of land for taxes, and shall be charged as costs
against the delinquent
property and be collected with the taxes
thereon:
For services in attending the tax sale and issuing
certificate of
sale and sealing the same, for each tract or
town lot sold, $4.
For making list of delinquent lands and town lots sold, to
be filed
with the Comptroller, for each tract or town lot sold,
10¢.
The foregoing fees allowed by this Section are the maximum
fees that
may be collected from any officer, agency, department
or other
instrumentality of the State. The county board may,
however, by ordinance,
increase the fees allowed by this
Section and also the notary public recordation fees allowed by
Section 2-106 of the Illinois Notary Public Act and the
indexing and filing of assumed name certificate fees allowed by
Section 3 of the Assumed Business Name Act and collect such
increased fees
from all persons and entities other than
officers, agencies, departments
and other instrumentalities of
the State if the increase is justified by an
acceptable cost
study showing that the fees allowed by these Sections this
Section are not
sufficient to cover the cost of providing the
service.
A Statement of the costs of providing each service, program
and activity shall be prepared by the county board.
All
supporting documents shall be public record and subject to
public
examination and audit. All direct and indirect costs, as
defined in the
United States Office of Management and Budget
Circular A-87, may be
included in the determination of the
costs of each
service, program and activity.
The county clerk in all cases may demand and receive the
payment of
all fees for services in advance so far as the same
can be ascertained.
The county board of any county of the first or second class
may by
ordinance authorize the county clerk to impose an
additional $2 charge for
certified copies of vital records as
defined in Section 1 of the Vital
Records Act, for the purpose
of developing, maintaining, and improving technology in the
office of the County Clerk.
The county board of any county of the first or second class
may by
ordinance authorize the county treasurer to establish a
special fund for
deposit of the additional charge. Moneys in
the special fund shall be used
solely to provide the equipment,
material and necessary expenses incurred
to help defray the
cost of implementing and maintaining such document
storage
system.
(Source: P.A. 95-711, eff. 6-1-08; 95-837, eff. 1-1-09; 96-328,
eff. 8-11-09.)
(55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003)
Sec. 4-12003. Fees of county clerk in third class counties.
The fees of the county clerk in counties of the third class
are:
For issuing each civil union or marriage license, sealing,
filing and recording the
same and the certificate thereto (one
charge), a fee to be determined by the county board of the
county, not to exceed $75, which shall be the same, whether for
a civil union or marriage license $35. $5 from all civil union
and marriage license fees shall be remitted by the clerk to the
State Treasurer for deposit into the Married Families Domestic
Violence Fund.
For taking, certifying to and sealing the acknowledgment of
a deed,
power of attorney, or other writing, $1.
For filing and entering certificates in case of estrays,
and
furnishing notices for publication thereof (one charge),
$1.50.
For recording all papers and documents required by law to
be recorded
in the office of the county clerk, $2 plus 30¢ for
every 100 words in
excess of 600 words.
For certificate and seal, not in a case in a court whereof
he is
clerk, $1.
For making and certifying a copy of any record or paper in
his
office, $2 for every page.
For filing papers in his office, 50¢ for each paper filed,
except
that no fee shall be charged for filing a Statement of
economic interest
pursuant to the Illinois Governmental Ethics
Act or reports made
pursuant to Article 9 of The Election Code.
For making transcript of taxable property for the
assessors, 8¢ for
each tract of land or town lot. For extending
other than State and
county taxes, 8¢ for each tax on each
tract or lot, and 8¢ for each
person's personal tax, to be paid
by the authority for whose benefit the
transcript is made and
the taxes extended. The county clerk shall
certify to the
county collector the amount due from each authority for
such
services and the collector in his settlement with such
authority
shall reserve such amount from the amount payable by
him to such
authority.
For adding and bringing forward with current tax warrants
amounts due
for forfeited or withdrawn special assessments, 8¢
for each lot or tract
of land described and transcribed.
For computing and extending each assessment or installment
thereof
and interest, 8¢ on each description; and for computing
and extending
each penalty, 8¢ on each description. These fees
shall be paid by the
city, village, or taxing body for whose
benefit the transcript is made
and the assessment and penalties
are extended. The county clerk shall
certify to the county
collector the amount due from each city, village
or taxing
body, for such services, and the collector in his settlement
with such taxing body shall reserve such amount from the amount
payable
by him to such city, village or other taxing body.
For cancelling certificates of sale, $4 for each tract or
lot.
For making search and report of general taxes and special
assessments
for use in the preparation of estimate of cost of
redemption from sales
or forfeitures or withdrawals or for use
in the preparation of estimate
of cost of purchase of forfeited
property, or for use in preparation of
order on the county
collector for searches requested by buyers at annual
tax sale,
for each lot or tract, $4 for the first year searched,
and $2
for each additional year or fraction thereof.
For preparing from tax search report estimate of cost of
redemption
concerning property sold, forfeited or withdrawn
for non-payment of
general taxes and special assessments, if
any, $1 for each lot or
tract.
For certificate of deposit for redemption, $4.
For preparing from tax search report estimate of and order
to county
collector to receive amount necessary to redeem or
purchase lands or
lots forfeited for non-payment of general
taxes, $3 for each lot or
tract.
For preparing from tax search report estimate of and order
to county
collector to receive amount necessary to redeem or
purchase lands or
lots forfeited for non-payment of special
assessments, $4 for each lot
or tract.
For issuing certificate of sale of forfeited property, $10.
For noting on collector's warrants tax sales subject to
redemption,
20¢ for each tract or lot of land, to be paid by
either the person
making the redemption from tax sale, the
person surrendering the
certificate of sale for cancellation,
or the person taking out tax deed.
For noting on collector's warrant special assessments
withdrawn from
collection 20¢ for each tract or lot of land, to
be charged against the
lot assessed in the withdrawn special
assessment when brought forward
with current tax or when
redeemed by the county clerk. The county clerk
shall certify to
the county collector the amount due from each city,
village or
taxing body for such fees, each year, and the county
collector
in his settlement with such taxing body shall reserve such
amount from the amount payable by him to such taxing body.
For taking and approving official bond of a town assessor,
filing and
recording same, and issuing certificate of election
or qualification to
such official or to the Secretary of State,
$10, to be paid by the
officer-elect.
For certified copies of plats, 20¢ for each lot shown in
copy, but no
charge less than $4.
For tax search and issuing Statement regarding same on new
plats to
be recorded, $10.
For furnishing written description in conformity with
permanent real
estate index number, $2 for each written
description.
The following fees shall be allowed for services in matters
of taxes
and assessments, and shall be charged as costs against
the delinquent
property, and collected with the taxes thereon:
For entering judgment, 8¢ for each tract or lot.
For services in attending the tax sale and issuing
certificates of
sale and sealing the same, $10 for each tract
or lot.
For making list of delinquent lands and town lots sold, to
be filed
with the State Comptroller, 10¢ for each tract or lot
sold.
The following fees shall be audited and allowed by the
board of
county commissioners and paid from the county
treasury.
For computing State or county taxes, on each description of
real
estate and each person's, firm's or corporation's personal
property tax,
for each extension of each tax, 4¢, which shall
include the transcribing
of the collector's books.
For computing, extending and bringing forward, and adding
to the
current tax, the amount due for general taxes on lands
and lots
previously forfeited to the State, for each extension
of each tax, 4¢
for the first year, and for computing and
extending the tax and penalty
for each additional year, 6¢.
For making duplicate or triplicate sets of books,
containing
transcripts of taxable property, for the board of
assessors and board of
review, 3¢ for each description entered
in each book.
For filing, indexing and recording or binding each birth,
death or
stillbirth certificate or report, 15¢, which fee shall
be in full for
all services in connection therewith, including
the keeping of accounts
with district registrars.
For posting new subdivisions or plats in official atlases,
25¢ for
each lot.
For compiling new sheets for atlases, 20¢ for each lot.
For compiling new atlases, including necessary record
searches, 25¢
for each lot.
For investigating and reporting on each new plat, referred
to county
clerk, $2.
For attending sessions of the board of county commissioners
thereof,
$5 per day, for each clerk in attendance.
For recording proceedings of the board of county
commissioners, 15¢
per 100 words.
For filing papers which must be kept in office of
comptroller of Cook
County, 10¢ for each paper filed.
For filing and indexing contracts, bonds, communications,
and other
such papers which must be kept in office of
comptroller of Cook County,
15¢ for each document.
For swearing any person to necessary affidavits relating to
the
correctness of claims against the county, 25¢.
For issuing warrants in payment of salaries, supplies and
other
accounts, and all necessary auditing and bookkeeping work
in connection
therewith, 10¢ each.
The fee requirements of this Section do not apply to units
of local
government or school districts.
(Source: P.A. 95-711, eff. 6-1-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.