(10 ILCS 5/Art. 7 heading)
(10 ILCS 5/7-1) (from Ch. 46, par. 7-1)
Sec. 7-1. Application of Article.
(a) Except as otherwise provided in this Article, the nomination of all
candidates for all elective State, congressional, judicial, and county
officers, State's Attorneys (whether elected from a single county or from more
than one county), city, village, and incorporated town and municipal officers,
trustees of sanitary districts, township officers in townships of over 5,000
population coextensive with or included wholly within cities or villages not
under the commission form of government, precinct, township, ward, and
State central committeepersons, and delegates and alternate delegates to
national nominating conventions by all political parties, as defined in
Section 7-2 of this Article 7, shall be made in the manner provided in
this Article 7 and not otherwise. The nomination of candidates for
electors of President and Vice President of the United States shall be made
only in the manner provided for in Section 7-9 of this Article.
(b) This Article 7 shall not
apply to (i) the nomination of candidates for school elections and township
elections, except in those townships specifically mentioned
in subsection (a) and except in those cases in which a township central
committee determines under Section 6A-2 of the Township Law of 1874 or Section
45-55 of the Township Code that its candidates for township offices shall be
nominated by primary in accordance with this Article, (ii) the nomination of
park commissioners in park districts organized under the Park District Code,
(iii) the nomination of officers of cities and villages organized under
special charters, or (iv) the nomination of municipal officers for cities,
villages, and incorporated towns with a population of 5,000 or less,
except where a city, village, or incorporated town with a population of
5,000 or less has by ordinance determined that political parties shall nominate
candidates for municipal office in the city, village, or
incorporated town by primary in accordance with this Article. In that event,
the municipal clerk shall certify the ordinance to the proper election
officials no later than November 15 in the year preceding the consolidated
primary election.
(c) The words "township officers" or "township offices" shall be
construed, when used in this Article, to include supervisors.
(d) As provided in Sections 3.1-25-20 through 3.1-25-60 of the Illinois
Municipal Code, a village may adopt a system of nonpartisan primary and general
elections for the election of village officers.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-2) (from Ch. 46, par. 7-2)
Sec. 7-2.
A political party, which at the general election for State and
county officers then next preceding a primary, polled more than 5 per cent
of the entire vote cast in the State, is hereby declared to be a political
party within the State, and shall nominate all candidates provided for in
this Article 7 under the provisions hereof, and shall elect precinct,
township, ward, and State central committeepersons as herein provided.
A political party, which at the general election for State and county
officers then next preceding a primary, cast more than 5 per cent of the
entire vote cast within any congressional district, is hereby declared to
be a political party within the meaning of this Article, within such
congressional district, and shall nominate its candidate for Representative
in Congress, under the provisions hereof. A political party, which at the
general election for State and county officers then next preceding a
primary, cast more than 5 per cent of the entire vote cast in any county,
is hereby declared to be a political party within the meaning of this
Article, within said county, and shall nominate all county officers in said
county under the provisions hereof, and shall elect precinct, township, and
ward committeepersons, as herein provided.
A political party, which at the municipal election for city, village, or
incorporated town officers then next preceding a primary, cast more than 5
per cent of the entire vote cast in any city, village, or incorporated
town is hereby declared to be a political party within the meaning of this
Article, within said city, village, or incorporated town, and shall nominate
all city, village, or incorporated town officers in said city, village, or
incorporated town under the provisions hereof to the extent and in the
cases provided in Section 7-1.
A political party, which at the municipal election for town officers
then next preceding a primary, cast more than 5 per cent of the entire vote
cast in said town, is hereby declared to be a political party within the
meaning of this Article, within said town, and shall nominate all town
officers in said town under the provisions hereof to the extent and in the
cases provided in Section 7-1.
A political party, which at the municipal election in any other
municipality or political subdivision, (except townships and school
districts), for municipal or other officers therein then next preceding a
primary, cast more than 5 per cent of the entire vote cast in such
municipality or political subdivision, is hereby declared to be a political
party within the meaning of this Article, within said municipality or
political subdivision, and shall nominate all municipal or other officers
therein under the provisions hereof to the extent and in the cases provided
in Section 7-1.
Provided, that no political organization or group shall be qualified as
a political party hereunder, or given a place on a ballot, which
organization or group is associated, directly or indirectly, with
Communist, Fascist, Nazi, or other un-American principles and engages in
activities or propaganda designed to teach subservience to the political
principles and ideals of foreign nations or the overthrow by violence of
the established constitutional form of government of the United States and
the State of Illinois.
(Source: P.A. 100-1027, eff. 1-1-19; 101-81, eff. 7-12-19.)
(10 ILCS 5/7-3) (from Ch. 46, par. 7-3)
Sec. 7-3.
In determining the total vote of a political party, whenever
required by this Article 7, the test shall be the total vote cast by such
political party for its candidate who received the greatest number of
votes; provided however, that in applying this section to the vote cast for
any candidate for an office for which cumulative voting is permitted, the
total vote cast for such candidate shall be divided by that number which
equals the greatest number of votes that could lawfully be cast for such
candidate by one elector.
(Source: Laws 1943, vol. 2, p. 1.)
(10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
Sec. 7-4.
The following words and phrases in this Article 7 shall,
unless the same be inconsistent with the context, be construed as
follows:
1. The word "primary", the primary elections provided for in this
Article, which are the general primary, the consolidated primary, and for
those municipalities which have annual partisan elections for any officer,
the municipal primary held 6 weeks prior to the general primary election
date in even numbered years.
2. The definitions of terms in Section 1-3 of this Code shall apply to
this Article.
3. The word "precinct", a voting district heretofore or hereafter
established by law within which all qualified electors vote at one
polling place.
4. The words "state office" or "state officer", an office to be
filled, or an officer to be voted for, by qualified electors of the
entire state, including United States Senator and Congressperson at large.
5. The words "congressional office" or "congressional officer",
representatives in Congress.
6. The words "county office" or "county officer," include an office
to be filled or an officer to be voted for, by the qualified electors of
the entire county. "County office" or "county officer" also include the
assessor and board of appeals and county commissioners and president of
county board of Cook County, and county board members and the chair
of the county board in counties subject to Division 2-3 of the Counties Code.
7. The words "city office" and "village office," and "incorporated
town office" or "city officer" and "village officer", and "incorporated
town officer", an office to be filled or an officer to be voted for by
the qualified electors of the entire municipality, including alderpersons.
8. The words "town office" or "town officer", an office to be filled
or an officer to be voted for by the qualified electors of an entire
town.
9. The words "town" and "incorporated town" shall respectively be
defined as in Section 1-3 of this Code.
10. The words "delegates and alternate delegates to National
nominating conventions" include all delegates and alternate delegates to
National nominating conventions whether they be elected from the state
at large or from congressional districts or selected by State convention
unless contrary and non-inclusive language specifically limits the term
to one class.
11. "Judicial office" means a post held by a judge of the Supreme,
Appellate, or Circuit Court.
"State Central Committeeperson" includes "committeeman" or "committeewoman" for those persons elected or appointed under State Central Committee Alternative B under Section 7-8.
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21; 102-692, eff. 1-7-22.)
(10 ILCS 5/7-5) (from Ch. 46, par. 7-5)
Sec. 7-5.
(a) Primary elections shall be held on the dates prescribed in
Article 2A.
(b) Notwithstanding the provisions of any other statute, no primary
shall be held for an established political party in any township,
municipality, or ward thereof, where the nomination of such
party for every office to be voted upon by the electors of such
township, municipality, or ward thereof, is uncontested. Whenever a
political party's nomination of candidates is uncontested as to one or
more, but not all, of the offices to be voted upon by the electors of a
township, municipality, or ward thereof, then a primary shall
be held for that party in such township, municipality, or ward thereof;
provided that the primary ballot shall not include those offices
within such township, municipality, or ward thereof, for which the
nomination is uncontested. For purposes of this Article, the nomination of
an established political party of a candidate for election to an office shall
be deemed to be uncontested where not more than the number of persons to be
nominated have timely filed valid nomination papers seeking the nomination
of such party for election to such office.
(c) Notwithstanding the provisions of any other statute, no primary
election shall be held for an established political party for any special
primary election called for the purpose of filling a vacancy in the office
of representative in the United States Congress where the nomination of
such political party for said office is uncontested. For the purposes of
this Article, the nomination of an established political party of a
candidate for election to said office shall be deemed to be uncontested
where not more than the number of persons to be nominated have timely filed
valid nomination papers seeking the nomination of such established party
for election to said office. This subsection (c) shall not apply if such
primary election is conducted on a regularly scheduled election day.
(d) Notwithstanding the provisions in subsection (b) and (c) of this
Section whenever a person who has not timely filed valid nomination papers
and who intends to become a write-in candidate for a political party's
nomination for any office for which the nomination is uncontested files a
written statement or notice of that intent with the State Board of
Elections or the local election official with whom nomination papers for
such office are filed, a primary ballot shall be prepared and a primary
shall be held for that office. Such statement or notice shall be filed on
or before the date established in this Article for certifying candidates
for the primary ballot. Such statement or notice shall contain (i) the
name and address of the person intending to become a write-in candidate,
(ii) a statement that the person is a qualified primary elector of the
political party from whom the nomination is sought, (iii) a statement that
the person intends to become a write-in candidate for the party's
nomination, and (iv) the office the person is seeking as a write-in
candidate. An election authority shall have no duty to conduct a primary
and prepare a primary ballot for any office for which the nomination is
uncontested, unless a statement or notice meeting the requirements of this
Section is filed in a timely manner.
(e) The polls shall be open from 6:00 a.m. to 7:00 p.m.
(Source: P.A. 86-873.)
(10 ILCS 5/7-6) (from Ch. 46, par. 7-6)
Sec. 7-6.
The expense of conducting each primary, including the per
diem of judges, furnishing, warming, lighting and maintaining the
polling place, and all other expenses necessarily incurred in the
preparation for or conducting such primary shall be paid in the same
manner, and by the same authorities or officers as provided in Sections
17-30 through 17-32 of this Code.
(Source: P.A. 80-1469.)
(10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
Sec. 7-7. For the purpose of making nominations in certain instances as
provided in this Article and this Act, the following committees are authorized
and shall constitute the central or managing committees of each political
party, viz: A State central committee, whose responsibilities include, but are not limited to, filling by appointment vacancies in nomination for statewide offices, including but not limited to the office of United States Senator, a congressional committee for each
congressional district, a county central committee for each county, a
municipal central committee for each city, incorporated town or village, a
ward committeeperson for each ward in cities containing a population of
500,000 or more; a township committeeperson for each township or part of a
township that lies outside of cities having a population of 200,000 or
more, in counties having a population of 2,000,000 or more; a precinct committeeperson
for each precinct in counties having a population of less than
2,000,000; a county board district committee for each county board district
created under Division 2-3 of the Counties Code; a State's Attorney committee
for each group of 2 or more counties which jointly elect a State's Attorney; a
Superintendent of Multi-County Educational Service Region committee for each
group of 2 or more counties which jointly elect a Superintendent of a
Multi-County Educational Service Region; a judicial subcircuit
committee in
a judicial circuit divided into subcircuits for each judicial subcircuit in
that circuit; and
a board of review election district committee
for each Cook County Board of Review election district.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
(Text of Section before amendment by P.A. 102-15)
Sec. 7-8. The State central committee shall be composed of one or two
members from each congressional district in the State and shall be elected as
follows:
(a) Within 30 days after January 1, 1984 (the effective date of Public Act 83-33), the State central committee of each political party shall certify to
the State Board of Elections which of the following alternatives it wishes
to apply to the State central committee of that party.
Alternative A. At the primary in
1970 and at the general primary election held every 4 years thereafter, each primary
elector may vote for one candidate of his party for member of the State
central committee for the congressional district in which he resides.
The candidate receiving the highest number of votes shall be declared
elected State central committeeperson from the district. A political party
may, in lieu of the foregoing, by a majority vote of delegates at any State
convention of such party, determine to thereafter elect the State central committeepersons
in the manner following:
At the county convention held by such political party, State central committeepersons
shall be elected in the same manner as provided in this
Article for the election of officers of the county central committee, and
such election shall follow the election of officers of the county central
committee. Each elected ward, township or precinct committeeperson shall cast
as his vote one vote for each ballot voted in his ward, township, part of a
township or precinct in the last preceding primary election of his
political party. In the case of a county lying partially within one
congressional district and partially within another congressional district,
each ward, township or precinct committeeperson shall vote only with respect
to the congressional district in which his ward, township, part of a
township or precinct is located. In the case of a congressional district
which encompasses more than one county, each ward, township or precinct committeeperson
residing within the congressional district shall cast as his
vote one vote for each ballot voted in his ward, township, part of a
township or precinct in the last preceding primary election of his
political party for one candidate of his party for member of the State
central committee for the congressional district in which he resides and
the Chair of the county central committee shall report the results of
the election to the State Board of Elections. The State Board of Elections
shall certify the candidate receiving the highest number of votes elected
State central committeeperson for that congressional district.
The State central committee shall adopt rules to provide for and govern
the procedures to be followed in the election of members of the State central
committee.
After August 6, 1999 (the
effective date of Public Act 91-426), whenever a vacancy occurs in the office of Chair of a State
central committee, or at the end of the term of office of Chair, the State
central committee of each political party that has selected Alternative A shall
elect a Chair who shall not be required to be a member of the State Central
Committee. The Chair shall be a
registered voter in this State and of the same political party as the State
central committee.
Alternative B. Each congressional committee shall, within 30 days after
the adoption of this alternative, appoint a person of the sex opposite that
of the incumbent member for that congressional district to serve as an
additional member of the State central committee until his or her successor
is elected at the general primary election in 1986. Each congressional
committee shall make this appointment by voting on the basis set forth in
paragraph (e) of this Section. In each congressional district at the
general primary election held in 1986 and every 4 years thereafter, the
male candidate receiving the highest number of votes of the party's male
candidates for State central committeeman, and the female candidate
receiving the highest number of votes of the party's female candidates for
State central committeewoman, shall be declared elected State central
committeeman and State central committeewoman from the district. At the
general primary election held in 1986 and every 4 years thereafter, if all a
party's candidates for State central committeemen or State central
committeewomen from a congressional district are of the same sex, the candidate
receiving the highest number of votes shall be declared elected a State central
committeeman or State central committeewoman from the district, and, because of
a failure to elect one male and one female to the committee, a vacancy shall be
declared to exist in the office of the second member of the State central
committee from the district. This vacancy shall be filled by appointment by
the congressional committee of the political party, and the person appointed to
fill the vacancy shall be a resident of the congressional district and of the
sex opposite that of the committeeman or committeewoman elected at the general
primary election. Each congressional committee shall make this appointment by
voting on the basis set forth in paragraph (e) of this Section.
The Chair of a State central committee composed as provided in this
Alternative B must be selected from the committee's members.
Except as provided for in Alternative A with respect to the selection of
the Chair of the State central committee, under both of the foregoing
alternatives, the
State
central
committee of each political party shall be composed of members elected
or appointed from the several congressional districts of the State,
and of no other person or persons whomsoever. The members of the State
central committee shall, within 41 days after each quadrennial election of
the full committee, meet in the city of Springfield and organize
by electing a Chair, and may at such time
elect such officers from among their own number (or otherwise), as they
may deem necessary or expedient. The outgoing chair of the State
central committee of the party shall, 10 days before the meeting, notify
each member of the State central committee elected at the primary of the
time and place of such meeting. In the organization and proceedings of
the State central committee, each State central committeeman and State
central committeewoman shall have one vote for each ballot voted in his or her
congressional district by the primary electors of his or her party at the
primary election immediately preceding the meeting of the State central
committee. Whenever a vacancy occurs in the State central committee of any
political party, the vacancy shall be filled by appointment of
the chairmen of the county central committees of the
political party
of the counties located within the congressional district in which the vacancy
occurs and,
if applicable, the ward and township committeepersons of the
political
party in counties of 2,000,000 or more inhabitants located within the
congressional
district. If the congressional district in which the vacancy occurs lies
wholly within a
county of 2,000,000 or more inhabitants, the ward and township committeepersons
of the political party in that congressional district shall vote to fill the
vacancy. In voting to fill the vacancy, each chair of a county central
committee and
each ward and township committeeperson in counties of 2,000,000
or
more inhabitants shall have one vote for each ballot voted in each precinct of
the congressional district in which the vacancy exists of
his or her
county, township, or ward cast by the primary electors of his or her party
at the
primary election immediately preceding the meeting to fill the vacancy in the
State
central committee. The person appointed to fill the vacancy shall be a
resident of the
congressional district in which the vacancy occurs, shall be a qualified voter,
and, in a committee composed as provided in Alternative B, shall be of the
same
sex as his or her
predecessor. A political party may, by a majority vote of the
delegates of any State convention of such party, determine to return
to the election of State central committeeman and State central
committeewoman by the vote of primary electors.
Any action taken by a political party at a State convention in accordance
with this Section shall be reported to the State Board of Elections by the chair
and secretary of such convention within 10 days after such action.
(b) At the primary in 1972 and
at the general primary election every 4 years thereafter, each primary elector in cities having a
population of 200,000 or over may vote for one candidate of his party in
his ward for ward committeeperson. Each candidate for ward committeeperson
must be a resident of and in the ward where he seeks to be elected ward committeeperson. The one having the highest number of votes shall be such
ward committeeperson of such party for such ward. At the primary election
in 1970 and at the general primary election every 4 years thereafter,
each primary elector in counties containing a population of 2,000,000 or
more, outside of cities containing a population of 200,000 or more, may
vote for one candidate of his party for township committeeperson. Each
candidate for township committeeperson must be a resident of and in the
township or part of a township (which lies outside of a city having a
population of 200,000 or more, in counties containing a population of
2,000,000 or more), and in which township or part of a township he seeks
to be elected township committeeperson. The one having the highest number
of votes shall be such township committeeperson of such party for such
township or part of a township. At the primary
in 1970 and at the general primary election every 2 years thereafter, each primary elector,
except in counties having a population of 2,000,000 or over, may vote
for one candidate of his party in his precinct for precinct committeeperson. Each candidate for precinct committeeperson must be a bona
fide resident of the precinct where he seeks to be elected precinct committeeperson. The one having the highest number of votes shall be such
precinct committeeperson of such party for such precinct. The official
returns of the primary shall show the name of the committeeperson of each
political party.
Terms of Committeepersons. All precinct committeepersons elected under the
provisions of this Article shall continue as such committeepersons until the
date of the primary to be held in the second year after their election.
Except as otherwise provided in this Section for certain State central committeepersons
who have 2 year terms, all State central committeepersons, township committeepersons
and ward committeepersons shall continue as such committeepersons
until the date of primary to be held in the fourth year after their
election. However, a vacancy exists in the office of precinct committeeperson
when a precinct committeeperson ceases to reside in the precinct in which he
was elected and such precinct committeeperson shall thereafter neither have
nor exercise any rights, powers or duties as committeeperson in that precinct,
even if a successor has not been elected or appointed.
(c) The Multi-Township Central Committee shall consist of the precinct committeepersons
of such party, in the multi-township assessing district formed
pursuant to Section 2-10 of the Property Tax Code and shall be organized for the purposes set forth in Section
45-25 of the Township Code. In the organization and proceedings of the
Multi-Township Central Committee each precinct committeeperson shall have one vote
for each ballot voted in his precinct by the primary electors of his party at
the primary at which he was elected.
(d) The county central committee of each political party in each
county shall consist of the various township committeepersons, precinct committeepersons
and ward committeepersons, if any, of such party in the county.
In the organization and proceedings of the county central committee,
each precinct committeeperson shall have one vote for each ballot voted in
his precinct by the primary electors of his party at the primary at
which he was elected; each township committeeperson shall have one vote for
each ballot voted in his township or part of a township as the case may
be by the primary electors of his party at the primary election
for the nomination of candidates for election to the General Assembly
immediately preceding the meeting of the county central committee; and
in the organization and proceedings of the county central committee,
each ward committeeperson shall have one vote for each ballot voted in his
ward by the primary electors of his party at the primary election
for the nomination of candidates for election to the General Assembly
immediately preceding the meeting of the county central committee.
(d-1) Each board of review election district committee of each political
party in Cook County shall consist of the
various township committeepersons and ward committeepersons, if any, of that party in
the portions of the county composing the board of review election district. In
the organization and proceedings of each of the 3 election
district committees, each township committeeperson shall have one vote for each
ballot voted in his or her township or part of a township, as the case may be,
by
the primary electors of his or her party at the primary election immediately
preceding the meeting of the board of review election district committee; and
in the organization and proceedings of each of the 3 election district
committees, each ward committeeperson shall have one vote for each
ballot voted in
his or her ward or part of that ward, as the case may be, by the primary
electors of his or her party at the primary election immediately preceding the
meeting of the board of review election district committee.
(e) The congressional committee of each party in each congressional
district shall be composed of the chairmen of the county central
committees of the counties composing the congressional district, except
that in congressional districts wholly within the territorial limits of
one county, the precinct committeepersons, township committeepersons and ward committeepersons, if any, of
the party representing the precincts within the limits of the
congressional district, shall compose the congressional committee. A
State central committeeperson in each district shall be a member and the chair
or, when a district has 2 State central committeepersons, a co-chairperson
of the congressional committee, but shall not have the right to
vote except in case of a tie.
In the organization and proceedings of congressional committees
composed of precinct committeepersons or township committeepersons or ward committeepersons, or any combination thereof, each precinct committeeperson
shall have one vote for each ballot voted in his precinct by the primary
electors of his party at the primary at which he was elected, each
township committeeperson shall have one vote for each ballot voted in his
township or part of a township as the case may be by the primary
electors of his party at the primary election immediately preceding the
meeting of the congressional committee, and each ward committeeperson shall
have one vote for each ballot voted in each precinct of his ward located
in such congressional district by the primary electors of his party at
the primary election immediately preceding the meeting of the
congressional committee; and in the organization and proceedings of
congressional committees composed of the chairmen of the county central
committees of the counties within such district, each chair of such
county central committee shall have one vote for each ballot voted in
his county by the primary electors of his party at the primary election
immediately preceding the meeting of the congressional committee.
(f) The judicial district committee of each political party in each
judicial district shall be composed of the chair of the county
central committees of the counties composing the judicial district.
In the organization and proceedings of judicial district committees
composed of the chairmen of the county central committees of the
counties within such district, each chair of such county central
committee shall have one vote for each ballot voted in his county by the
primary electors of his party at the primary election immediately
preceding the meeting of the judicial district committee.
(g) The circuit court committee of each political party in each
judicial circuit outside Cook County shall be composed of the chairmen
of the county central committees of the counties composing the judicial
circuit.
In the organization and proceedings of circuit court committees, each chair
of a county central committee shall have one vote for each
ballot voted in his county by the primary electors of his party at the
primary election immediately preceding the meeting of the circuit court
committee.
(g-1) The judicial subcircuit committee of each political party in
each judicial subcircuit in a judicial circuit divided into subcircuits
shall be composed of (i) the ward and township committeepersons
of the townships and wards composing the judicial subcircuit in Cook County and
(ii) the precinct committeepersons of the precincts
composing the judicial subcircuit in any county other than Cook County.
In the organization and proceedings of each judicial subcircuit committee,
each township committeeperson shall have one vote for each ballot voted in his
township or part of a township, as the case may be, in the judicial
subcircuit by the primary electors of his party at the primary election
immediately preceding the meeting of the judicial subcircuit committee;
each precinct committeeperson shall have one vote for each ballot voted in his
precinct or part of a precinct, as the case may be, in the judicial subcircuit
by the primary electors of his party at the primary election immediately
preceding the meeting of the judicial subcircuit committee;
and
each ward committeeperson shall have one vote for each ballot voted in his
ward or part of a ward, as the case may be, in the judicial subcircuit by
the primary electors of his party at the primary election immediately
preceding the meeting of the judicial subcircuit committee.
(h) The municipal central committee of each political party shall be
composed of the precinct, township or ward committeepersons, as the case may
be, of such party representing the precincts or wards, embraced in such
city, incorporated town or village. The voting strength of each
precinct, township or ward committeeperson on the municipal central
committee shall be the same as his voting strength on the county central
committee.
For political parties, other than a statewide political party,
established only within a municipality or
township, the municipal or township managing committee shall be composed
of the party officers of the local established party. The party officers
of a local established party shall be as follows: the chair and
secretary of the caucus for those municipalities and townships authorized
by statute to nominate candidates by caucus shall serve as party officers
for the purpose of filling vacancies in nomination under Section
7-61; for municipalities and townships authorized by statute or ordinance
to nominate candidates by petition and primary election, the party officers
shall be the party's candidates who are nominated at the primary. If no party
primary was held because of the provisions of Section 7-5, vacancies in
nomination shall be filled by the party's remaining candidates who shall
serve as the party's officers.
(i) Each committee and its officers shall have the powers usually
exercised by such committees and by the officers thereof, not
inconsistent with the provisions of this Article. The several committees
herein provided for shall not have power to delegate any of their
powers, or functions to any other person, officer or committee, but this
shall not be construed to prevent a committee from appointing from its
own membership proper and necessary subcommittees.
(j) The State central committee of a political party which elects its
members by Alternative B under paragraph (a) of this Section shall adopt a
plan to give effect to the delegate selection rules of the national political
party and file a copy of such plan with the State Board of Elections when
approved by a national political party.
(k) For the purpose of the designation of a proxy by a Congressional
Committee to vote in place of an
absent State central committeeman or committeewoman at meetings of the
State central committee of a political party which elects its members by
Alternative B under paragraph (a) of this Section, the proxy shall be
appointed by the vote of the ward and township committeepersons, if any, of the
wards and townships which lie entirely or partially within the
Congressional District from which the absent State central committeeman or
committeewoman was elected and the vote of the chairmen of the county
central committees of those counties which lie entirely or partially within
that Congressional District and in which there are no ward or township committeepersons. When voting for such proxy, the county chair, ward committeeperson
or township committeeperson, as the case may be, shall have one
vote for each ballot voted in his county, ward or township, or portion
thereof within the Congressional District, by the primary electors of his
party at the primary at which he was elected. However, the absent State
central committeeman or committeewoman may designate a proxy when permitted
by the rules of a political party which elects its members by Alternative B
under paragraph (a) of this Section.
Notwithstanding any law to the contrary, a person is ineligible to hold the position of committeeperson in any committee established pursuant to this Section if he or she is statutorily ineligible to vote in a general election because of conviction of a felony. When a committeeperson is convicted of a felony, the position occupied by that committeeperson shall automatically become vacant.
(Source: P.A. 100-201, eff. 8-18-17; 100-1027, eff. 1-1-19.)
(Text of Section after amendment by P.A. 102-15)
Sec. 7-8. The State central committee shall be composed of one or two
members from each congressional district in the State and shall be elected as
follows:
(a) Within 30 days after January 1, 1984 (the effective date of Public Act 83-33), the State central committee of each political party shall certify to
the State Board of Elections which of the following alternatives it wishes
to apply to the State central committee of that party.
Alternative A. At the primary in
1970 and at the general primary election held every 4 years thereafter, each primary
elector may vote for one candidate of his party for member of the State
central committee for the congressional district in which he resides.
The candidate receiving the highest number of votes shall be declared
elected State central committeeperson from the district. A political party
may, in lieu of the foregoing, by a majority vote of delegates at any State
convention of such party, determine to thereafter elect the State central committeepersons
in the manner following:
At the county convention held by such political party, State central committeepersons
shall be elected in the same manner as provided in this
Article for the election of officers of the county central committee, and
such election shall follow the election of officers of the county central
committee. Each elected ward, township or precinct committeeperson shall cast
as his vote one vote for each ballot voted in his ward, township, part of a
township or precinct in the last preceding primary election of his
political party. In the case of a county lying partially within one
congressional district and partially within another congressional district,
each ward, township or precinct committeeperson shall vote only with respect
to the congressional district in which his ward, township, part of a
township or precinct is located. In the case of a congressional district
which encompasses more than one county, each ward, township or precinct committeeperson
residing within the congressional district shall cast as his
vote one vote for each ballot voted in his ward, township, part of a
township or precinct in the last preceding primary election of his
political party for one candidate of his party for member of the State
central committee for the congressional district in which he resides and
the Chair of the county central committee shall report the results of
the election to the State Board of Elections. The State Board of Elections
shall certify the candidate receiving the highest number of votes elected
State central committeeperson for that congressional district.
The State central committee shall adopt rules to provide for and govern
the procedures to be followed in the election of members of the State central
committee.
After August 6, 1999 (the
effective date of Public Act 91-426), whenever a vacancy occurs in the office of Chair of a State
central committee, or at the end of the term of office of Chair, the State
central committee of each political party that has selected Alternative A shall
elect a Chair who shall not be required to be a member of the State Central
Committee. The Chair shall be a
registered voter in this State and of the same political party as the State
central committee.
Alternative B. Each congressional committee shall, within 30 days after
the adoption of this alternative, appoint a person of a different gender than that
of the incumbent member for that congressional district to serve as an
additional member of the State central committee until the member's successor
is elected at the general primary election in 1986. Each congressional
committee shall make this appointment by voting on the basis set forth in
paragraph (e) of this Section. In each congressional district at the
general primary election held in 1986 and every 4 years thereafter, the person
receiving the highest number of votes for State central committeeperson, and the person of a different gender
receiving the highest number of votes, shall be declared elected State central
committeepersons from the district. At the
general primary election held in 1986 and every 4 years thereafter, if all a
party's candidates for State central committeeperson from a congressional district are of the same gender, the candidate
receiving the highest number of votes shall be declared elected a State central committeeperson
from the district, and, because of
a failure to elect 2 persons from different genders to the committee, a vacancy shall be
declared to exist in the office of the second member of the State central
committee from the district. This vacancy shall be filled by appointment by
the congressional committee of the political party, and the person appointed to
fill the vacancy shall be a resident of the congressional district and of a different gender than the committeeperson elected at the general
primary election. Each congressional committee shall make this appointment by
voting on the basis set forth in paragraph (e) of this Section.
The Chair of a State central committee composed as provided in this
Alternative B must be selected from the committee's members.
Except as provided for in Alternative A with respect to the selection of
the Chair of the State central committee, under both of the foregoing
alternatives, the
State
central
committee of each political party shall be composed of members elected
or appointed from the several congressional districts of the State,
and of no other person or persons whomsoever. The members of the State
central committee shall, within 41 days after each quadrennial election of
the full committee, meet in the city of Springfield and organize
by electing a Chair, and may at such time
elect such officers from among their own number (or otherwise), as they
may deem necessary or expedient. The outgoing chair of the State
central committee of the party shall, 10 days before the meeting, notify
each member of the State central committee elected at the primary of the
time and place of such meeting. In the organization and proceedings of
the State central committee, the 2 committeepersons shall each have one vote for each ballot voted in their
congressional district by the primary electors of the committeepersons' party at the
primary election immediately preceding the meeting of the State central
committee. Whenever a vacancy occurs in the State central committee of any
political party, the vacancy shall be filled by appointment of
the chairmen of the county central committees of the
political party
of the counties located within the congressional district in which the vacancy
occurs and,
if applicable, the ward and township committeepersons of the
political
party in counties of 2,000,000 or more inhabitants located within the
congressional
district. If the congressional district in which the vacancy occurs lies
wholly within a
county of 2,000,000 or more inhabitants, the ward and township committeepersons
of the political party in that congressional district shall vote to fill the
vacancy. In voting to fill the vacancy, each chair of a county central
committee and
each ward and township committeeperson in counties of 2,000,000
or
more inhabitants shall have one vote for each ballot voted in each precinct of
the congressional district in which the vacancy exists of the chair's or committeeperson's
county, township, or ward cast by the primary electors of the chair's or committeeperson's party
at the
primary election immediately preceding the meeting to fill the vacancy in the
State
central committee. The person appointed to fill the vacancy shall be a
resident of the
congressional district in which the vacancy occurs, shall be a qualified voter,
and, in a committee composed as provided in Alternative B, shall be of the same gender as the appointee's
predecessor. A political party may, by a majority vote of the
delegates of any State convention of such party, determine to return
to the election of State central committeepersons by the vote of primary electors.
Any action taken by a political party at a State convention in accordance
with this Section shall be reported to the State Board of Elections by the chair
and secretary of such convention within 10 days after such action.
(b) At the primary in 1972 and
at the general primary election every 4 years thereafter, each primary elector in cities having a
population of 200,000 or over may vote for one candidate of his party in
his ward for ward committeeperson. Each candidate for ward committeeperson
must be a resident of and in the ward where he seeks to be elected ward committeeperson. The one having the highest number of votes shall be such
ward committeeperson of such party for such ward. At the primary election
in 1970 and at the general primary election every 4 years thereafter,
each primary elector in counties containing a population of 2,000,000 or
more, outside of cities containing a population of 200,000 or more, may
vote for one candidate of his party for township committeeperson. Each
candidate for township committeeperson must be a resident of and in the
township or part of a township (which lies outside of a city having a
population of 200,000 or more, in counties containing a population of
2,000,000 or more), and in which township or part of a township he seeks
to be elected township committeeperson. The one having the highest number
of votes shall be such township committeeperson of such party for such
township or part of a township. At the primary
in 1970 and at the general primary election every 2 years thereafter, each primary elector,
except in counties having a population of 2,000,000 or over, may vote
for one candidate of his party in his precinct for precinct committeeperson. Each candidate for precinct committeeperson must be a bona
fide resident of the precinct where he seeks to be elected precinct committeeperson. The one having the highest number of votes shall be such
precinct committeeperson of such party for such precinct. The official
returns of the primary shall show the name of the committeeperson of each
political party.
Terms of Committeepersons. All precinct committeepersons elected under the
provisions of this Article shall continue as such committeepersons until the
date of the primary to be held in the second year after their election.
Except as otherwise provided in this Section for certain State central committeepersons
who have 2 year terms, all State central committeepersons, township committeepersons
and ward committeepersons shall continue as such committeepersons
until the date of primary to be held in the fourth year after their
election. However, a vacancy exists in the office of precinct committeeperson
when a precinct committeeperson ceases to reside in the precinct in which he
was elected and such precinct committeeperson shall thereafter neither have
nor exercise any rights, powers or duties as committeeperson in that precinct,
even if a successor has not been elected or appointed.
(c) The Multi-Township Central Committee shall consist of the precinct committeepersons
of such party, in the multi-township assessing district formed
pursuant to Section 2-10 of the Property Tax Code and shall be organized for the purposes set forth in Section
45-25 of the Township Code. In the organization and proceedings of the
Multi-Township Central Committee each precinct committeeperson shall have one vote
for each ballot voted in his precinct by the primary electors of his party at
the primary at which he was elected.
(d) The county central committee of each political party in each
county shall consist of the various township committeepersons, precinct committeepersons
and ward committeepersons, if any, of such party in the county.
In the organization and proceedings of the county central committee,
each precinct committeeperson shall have one vote for each ballot voted in
his precinct by the primary electors of his party at the primary at
which he was elected; each township committeeperson shall have one vote for
each ballot voted in his township or part of a township as the case may
be by the primary electors of his party at the primary election
for the nomination of candidates for election to the General Assembly
immediately preceding the meeting of the county central committee; and
in the organization and proceedings of the county central committee,
each ward committeeperson shall have one vote for each ballot voted in his
ward by the primary electors of his party at the primary election
for the nomination of candidates for election to the General Assembly
immediately preceding the meeting of the county central committee.
(d-1) Each board of review election district committee of each political
party in Cook County shall consist of the
various township committeepersons and ward committeepersons, if any, of that party in
the portions of the county composing the board of review election district. In
the organization and proceedings of each of the 3 election
district committees, each township committeeperson shall have one vote for each
ballot voted in the committeeperson's township or part of a township, as the case may be,
by
the primary electors of the committeeperson's party at the primary election immediately
preceding the meeting of the board of review election district committee; and
in the organization and proceedings of each of the 3 election district
committees, each ward committeeperson shall have one vote for each
ballot voted in the committeeperson's
ward or part of that ward, as the case may be, by the primary
electors of the committeeperson's party at the primary election immediately preceding the
meeting of the board of review election district committee.
(e) The congressional committee of each party in each congressional
district shall be composed of the chairmen of the county central
committees of the counties composing the congressional district, except
that in congressional districts wholly within the territorial limits of
one county, the precinct committeepersons, township committeepersons and ward committeepersons, if any, of
the party representing the precincts within the limits of the
congressional district, shall compose the congressional committee. A
State central committeeperson in each district shall be a member and the chair
or, when a district has 2 State central committeepersons, a co-chairperson
of the congressional committee, but shall not have the right to
vote except in case of a tie.
In the organization and proceedings of congressional committees
composed of precinct committeepersons or township committeepersons or ward committeepersons, or any combination thereof, each precinct committeeperson
shall have one vote for each ballot voted in his precinct by the primary
electors of his party at the primary at which he was elected, each
township committeeperson shall have one vote for each ballot voted in his
township or part of a township as the case may be by the primary
electors of his party at the primary election immediately preceding the
meeting of the congressional committee, and each ward committeeperson shall
have one vote for each ballot voted in each precinct of his ward located
in such congressional district by the primary electors of his party at
the primary election immediately preceding the meeting of the
congressional committee; and in the organization and proceedings of
congressional committees composed of the chairmen of the county central
committees of the counties within such district, each chair of such
county central committee shall have one vote for each ballot voted in
his county by the primary electors of his party at the primary election
immediately preceding the meeting of the congressional committee.
(f) The judicial district committee of each political party in each
judicial district shall be composed of the chair of the county
central committees of the counties composing the judicial district.
In the organization and proceedings of judicial district committees
composed of the chairmen of the county central committees of the
counties within such district, each chair of such county central
committee shall have one vote for each ballot voted in his county by the
primary electors of his party at the primary election immediately
preceding the meeting of the judicial district committee.
(g) The circuit court committee of each political party in each
judicial circuit outside Cook County shall be composed of the chairmen
of the county central committees of the counties composing the judicial
circuit.
In the organization and proceedings of circuit court committees, each chair
of a county central committee shall have one vote for each
ballot voted in his county by the primary electors of his party at the
primary election immediately preceding the meeting of the circuit court
committee.
(g-1) The judicial subcircuit committee of each political party in
each judicial subcircuit in a judicial circuit divided into subcircuits
shall be composed of (i) the ward and township committeepersons
of the townships and wards composing the judicial subcircuit in Cook County and
(ii) the precinct committeepersons of the precincts
composing the judicial subcircuit in any county other than Cook County.
In the organization and proceedings of each judicial subcircuit committee,
each township committeeperson shall have one vote for each ballot voted in his
township or part of a township, as the case may be, in the judicial
subcircuit by the primary electors of his party at the primary election
immediately preceding the meeting of the judicial subcircuit committee;
each precinct committeeperson shall have one vote for each ballot voted in his
precinct or part of a precinct, as the case may be, in the judicial subcircuit
by the primary electors of his party at the primary election immediately
preceding the meeting of the judicial subcircuit committee;
and
each ward committeeperson shall have one vote for each ballot voted in his
ward or part of a ward, as the case may be, in the judicial subcircuit by
the primary electors of his party at the primary election immediately
preceding the meeting of the judicial subcircuit committee.
(h) The municipal central committee of each political party shall be
composed of the precinct, township or ward committeepersons, as the case may
be, of such party representing the precincts or wards, embraced in such
city, incorporated town or village. The voting strength of each
precinct, township or ward committeeperson on the municipal central
committee shall be the same as his voting strength on the county central
committee.
For political parties, other than a statewide political party,
established only within a municipality or
township, the municipal or township managing committee shall be composed
of the party officers of the local established party. The party officers
of a local established party shall be as follows: the chair and
secretary of the caucus for those municipalities and townships authorized
by statute to nominate candidates by caucus shall serve as party officers
for the purpose of filling vacancies in nomination under Section
7-61; for municipalities and townships authorized by statute or ordinance
to nominate candidates by petition and primary election, the party officers
shall be the party's candidates who are nominated at the primary. If no party
primary was held because of the provisions of Section 7-5, vacancies in
nomination shall be filled by the party's remaining candidates who shall
serve as the party's officers.
(i) Each committee and its officers shall have the powers usually
exercised by such committees and by the officers thereof, not
inconsistent with the provisions of this Article. The several committees
herein provided for shall not have power to delegate any of their
powers, or functions to any other person, officer or committee, but this
shall not be construed to prevent a committee from appointing from its
own membership proper and necessary subcommittees.
(j) The State central committee of a political party which elects its
members by Alternative B under paragraph (a) of this Section shall adopt a
plan to give effect to the delegate selection rules of the national political
party and file a copy of such plan with the State Board of Elections when
approved by a national political party.
(k) For the purpose of the designation of a proxy by a Congressional
Committee to vote in place of an
absent State central committeeperson at meetings of the
State central committee of a political party which elects its members by
Alternative B under paragraph (a) of this Section, the proxy shall be
appointed by the vote of the ward and township committeepersons, if any, of the
wards and townships which lie entirely or partially within the
Congressional District from which the absent State central committeeperson was elected and the vote of the chairmen of the county
central committees of those counties which lie entirely or partially within
that Congressional District and in which there are no ward or township committeepersons. When voting for such proxy, the county chair, ward committeeperson
or township committeeperson, as the case may be, shall have one
vote for each ballot voted in his county, ward or township, or portion
thereof within the Congressional District, by the primary electors of his
party at the primary at which he was elected. However, the absent State
central committeeperson may designate a proxy when permitted
by the rules of a political party which elects its members by Alternative B
under paragraph (a) of this Section.
Notwithstanding any law to the contrary, a person is ineligible to hold the position of committeeperson in any committee established pursuant to this Section if he or she is statutorily ineligible to vote in a general election because of conviction of a felony. When a committeeperson is convicted of a felony, the position occupied by that committeeperson shall automatically become vacant.
(Source: P.A. 102-15, eff. 7-1-23.)
(10 ILCS 5/7-8.01) (from Ch. 46, par. 7-8.01)
Sec. 7-8.01.
The county board district committee of each political party in each
county board district created pursuant to "An Act relating to the
composition and election of county boards in certain counties", enacted by
the 76th General Assembly, shall consist of the precinct committeepersons of
the precincts included in the county board district.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-8.02) (from Ch. 46, par. 7-8.02)
Sec. 7-8.02.
The State's Attorney committee for each group of counties
which jointly elect a State's Attorney and the Superintendent of Multi-County
Educational Service Region committee for each group of counties
which jointly elect a Superintendent of a Multi-County Educational
Service Region shall consist of the chairmen of the county
central committees of the counties composing such group of counties. In the
organization and proceedings of a State's Attorney or Superintendent of
Multi-County Educational Service Region committee, each chair
of a county central committee shall have one vote for each ballot voted in
his or her county by the primary electors of his or her party at
the last primary of an even-numbered year.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-8.03)
Sec. 7-8.03. State central committees; discrimination and harassment policies. No later than 90 days after the effective date of this amendatory Act of the 100th General Assembly, each State central committee of an established statewide political party shall establish and maintain a policy that includes, at a minimum: (i) a prohibition on discrimination and harassment; (ii) details on how an individual can report an allegation of discrimination or harassment; (iii) a prohibition on retaliation for reporting discrimination or harassment allegations; and (iv) the consequences of a violation of the prohibition on sexual harassment and the consequences for knowingly making a false report.
A State central committee, or its appropriate designee, shall notify the Board of the adoption of the required policies.
The requirements of this Section shall not prohibit a political committee from considering political affiliation, as permitted by law and the United States Constitution, when hiring or retaining a person as an employee, consultant, independent contractor, or volunteer.
(Source: P.A. 100-588, eff. 6-8-18.)
(10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
Sec. 7-9. County central committee; county and State conventions.
(a) On the 29th day next succeeding the primary at which committeepersons
are elected, the county central committee of each political
party shall meet within the county and proceed to
organize by electing from its own number a chair and either from its
own number, or otherwise, such other officers as such committee may deem
necessary or expedient. Such meeting of the county central committee
shall be known as the county convention.
The chair of each county committee shall within 10 days after the
organization, forward to the State Board of Elections, the names and
post office addresses of the officers, precinct committeepersons and
representative committeepersons elected by his political party.
The county convention of each political party shall choose delegates
to the State convention of its party, if the party chooses to hold a State convention; but in any county having within
its limits any city having a population of 200,000, or over the
delegates from such city shall be chosen by wards, the ward committeepersons
from the respective wards choosing the number of delegates to which such
ward is entitled on the basis prescribed in paragraph (e) of this
Section such delegates to be members of the delegation to the State
convention from such county. In all counties containing a population of
2,000,000 or more outside of cities having a population of 200,000 or
more, the delegates from each of the townships or parts of townships as
the case may be shall be chosen by townships or parts of townships as
the case may be, the township committeepersons from the respective townships
or parts of townships as the case may be choosing the number of
delegates to which such townships or parts of townships as the case may
be are entitled, on the basis prescribed in paragraph (e) of this
Section such delegates to be members of the delegation to the State
convention from such county.
Each member of the State Central Committee of a political party which
elects its members by Alternative B under paragraph (a) of Section 7-8
shall be a delegate to the State Convention, if the party chooses to hold a State convention, ex officio.
Each member of the State Central Committee of a political party which
elects its members by Alternative B under paragraph (a) of Section 7-8 may
appoint 2 delegates to the State Convention, if the party chooses to hold a State convention, who must be residents of the
member's Congressional District.
(b) State conventions may be held within 180 days after the
general primary in the year 2000 and every 4 years thereafter. In the year 1998, and every 4 years thereafter,
the chair of a State central committee may issue a call for a State
convention within 180 days after the general primary.
The State
convention of each political party, if the party chooses to hold a State convention, has power to make
nominations of candidates of its political party for the electors of
President and Vice President of the United States, and to adopt any party
platform, and, to the
extent determined by the State central committee as provided in Section
7-14, to choose and select delegates and alternate delegates at large to
national nominating conventions. The State Central Committee may adopt
rules to provide for and govern the procedures of the State convention.
(c) The chair and secretary of each State convention, if the party chooses to hold a State convention, shall,
within 2 days thereafter, transmit to the State Board of Elections of
this State a certificate setting forth the names and addresses of all
persons nominated by such State convention for electors of President and
Vice President of the United States, and of any persons selected by the State
convention for
delegates and alternate delegates at large to national nominating
conventions; and the names of such candidates so chosen by such State
convention for electors of President and Vice President of the United
States, shall be caused by
the State Board of Elections to be printed upon the official ballot at
the general election, in the manner required by law, and shall be
certified to the various county clerks of the proper counties in the
manner as provided in Section 7-60 of this Article 7 for the certifying
of the names of persons nominated by any party for State offices. If and
as long as this Act prescribes that the names of such electors be not
printed on the ballot, then the names of such electors shall be
certified in such manner as may be prescribed by the parts of this Act
applicable thereto.
(d) Each convention, if the party chooses to hold a State convention, may perform all other functions inherent to such
political organization and not inconsistent with this Article.
(e) At least 33 days before the date of a State convention, if the party chooses to hold a State convention, the chair of the State central committee of each political
party shall file in the principal office of the State Board of
Elections a call for the State convention. Such call shall state, among
other things, the time and place (designating the building or hall) for
holding the State convention. Such call shall be signed by the chair
and attested by the secretary of the committee. In such convention each
county shall be entitled to one delegate for each 500 ballots voted by
the primary electors of the party in such county at the primary to be
held next after the issuance of such call; and if in such county, less
than 500 ballots are so voted or if the number of ballots so voted is
not exactly a multiple of 500, there shall be one delegate for such
group which is less than 500, or for such group representing the number
of votes over the multiple of 500, which delegate shall have 1/500 of
one vote for each primary vote so represented by him. The call for such
convention shall set forth this paragraph (e) of Section 7-9 in full and
shall direct that the number of delegates to be chosen be calculated in
compliance herewith and that such number of delegates be chosen.
(f) All precinct, township and ward committeepersons when elected as
provided in this Section shall serve as though elected at large
irrespective of any changes that may be made in precinct, township or
ward boundaries and the voting strength of each committeeperson shall
remain as provided in this Section for the entire time for which he is
elected.
(g) The officers elected at any convention provided for in this
Section shall serve until their successors are elected as provided in
this Act.
(h) A special meeting of any central committee may be called by the chair, or by not less than 25% of the members of such committee, by
giving 5 days notice to members of such committee in writing designating
the time and place at which such special meeting is to be held and the
business which it is proposed to present at such special meeting.
(i) Except as otherwise provided in this Act, whenever a vacancy
exists in the office of precinct committeeperson because no one was elected
to that office or because the precinct committeeperson ceases to reside in
the precinct or for any other reason, the chair of the county
central committee of the appropriate political party may fill the
vacancy in such office by appointment of a qualified resident of the
county and the appointed precinct committeeperson shall serve as though
elected; however, no such appointment may be made between the general
primary election and the 30th day after the general primary election.
(j) If the number of Congressional Districts in the State of Illinois
is reduced as a result of reapportionment of Congressional Districts
following a federal decennial census, the State Central Committeemen and
Committeewomen of a political
party which elects its State Central
Committee by either Alternative A or by Alternative B under paragraph (a)
of Section 7-8 who were
previously elected shall continue to serve as if no reapportionment had
occurred until the expiration of their terms.
(Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-9.1) (from Ch. 46, par. 7-9.1)
Sec. 7-9.1.
(a) Except as otherwise provided in this Act, whenever
a vacancy exists in
the office of delegate to a State or national nominating convention by
reason of death or for any other reason, then the alternate receiving the
highest vote shall succeed to the vacated office and exercise all the
rights and prerogatives and discharge all the duties of the office. The
vacated office of alternate shall be filled by the congressional committee
of the district.
(b) Vacancies, whether temporary or permanent, in the office of delegate
to the national nominating convention of a political party whose State Central
Committee uses Alternative B of Section 7-14.1 shall be filled by alternate
delegates in the following order:
Unpledged delegates shall be replaced by unpledged alternates.
Each delegate shall certify in writing the order of his succession of alternates
to the chair of the State's delegation.
The delegation shall, as soon as practicable, fill a vacancy in the position
of alternate delegate by choosing, in accord with its rules, a person of
the same Presidential preference and from the same political subdivision.
The alternate succeeding to the vacated office shall exercise all the rights
and prerogatives of the office and discharge all the duties of the office.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
Sec. 7-10. Form of petition for nomination. The name of no candidate for
nomination, or State central committeeperson, or township committeeperson, or
precinct committeeperson, or ward committeeperson or candidate for delegate or
alternate delegate to national nominating conventions, shall be printed
upon the primary ballot unless a petition for nomination has been filed in
his behalf as provided in this Article in substantially the following form:
We, the undersigned, members of and affiliated with the .... party
and qualified primary electors of the .... party, in the .... of ....,
in the county of .... and State of Illinois, do hereby petition that
the following named person or persons shall be a candidate or candidates
of the .... party for the nomination for (or in case of committeepersons for
election to) the office or offices hereinafter specified, to be voted
for at the primary election to be held on (insert date).
Name.................. Address.......................
State of Illinois)
) ss.
County of........)
I, ...., do hereby certify
that I reside at No. .... street, in the .... of ...., county of ....,
and State of ....., that I am 18 years of age or older, that
I am a citizen of the United States, and that the signatures on this sheet
were signed
in my presence, and are genuine, and that to the best of my knowledge
and belief the persons so signing were at the time of signing the
petitions qualified voters of the .... party, and that their respective
residences are correctly stated, as above set forth.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Each sheet of the petition other than the statement of candidacy and
candidate's statement shall be of uniform size and shall contain above
the space for signatures an appropriate heading giving the information
as to name of candidate or candidates, in whose behalf such petition is
signed; the office, the political party represented and place of
residence; and the heading of each sheet shall be the same.
Such petition shall be signed by qualified primary electors residing
in the political division for which the nomination is sought in their
own proper persons only and opposite the signature of each signer, his
residence address shall be written or printed. The residence address
required to be written or printed opposite each qualified primary elector's
name shall include the street address or rural route number of the signer,
as the case may be, as well as the signer's county, and city, village or
town, and state.
However, the county or city, village or town, and state of residence of
the electors may be printed on the petition forms where all of the
electors signing the petition reside in the same county or city, village
or town, and state. Standard abbreviations may be used in writing the
residence address, including street number, if any. At the bottom of
each sheet of such petition shall be added a circulator statement signed by
a person 18 years of age or older who is a citizen of the United States,
stating the street address or rural route number, as the case may be, as well
as the county, city, village or town, and state;
and certifying that the signatures on that sheet of the petition were signed in
his or her presence and certifying that the signatures are genuine; and
either (1) indicating the dates on which that sheet was circulated, or (2)
indicating the first and last dates on which the sheet was circulated, or (3)
for elections where the petition circulation period is 90 days, certifying that none of the signatures on the sheet were signed more than 90
days preceding the last day for the filing of the petition, or (4) for the 2022 general primary election only, certify that the signatures on the sheet were signed during the period of January 13, 2022 through March 14, 2022 or certify that the signatures on the sheet were signed during the period of January 13, 2022 through the date on which this statement was sworn or affirmed to and certifying that
to the best of his or her knowledge and belief the persons so signing were at
the time of signing the petitions qualified voters of the political party for
which a nomination is sought. Such statement shall be sworn to before some
officer authorized to administer oaths in this State.
Except as otherwise provided in this Code, no petition sheet shall be circulated more than 90 days preceding the
last day provided in Section 7-12 for the filing of such petition.
The person circulating the petition, or the candidate on whose behalf the
petition is circulated, may strike any signature from the petition,
provided that:
Such sheets before being filed shall be neatly fastened together in
book form, by placing the sheets in a pile and fastening them together
at one edge in a secure and suitable manner, and the sheets shall then
be numbered consecutively. The sheets shall not be fastened by pasting
them together end to end, so as to form a continuous strip or roll. All
petition sheets which are filed with the proper local election officials,
election authorities or the State Board of Elections shall be the original
sheets which have been signed by the voters and by the circulator thereof,
and not photocopies or duplicates of such sheets. Each petition must include
as a part thereof, a statement of candidacy for each of the candidates filing,
or in whose behalf the petition is filed. This statement shall set out the
address of such candidate, the office for which he is a candidate, shall state
that the candidate is a qualified primary voter of the party to which the
petition relates and is qualified for the office specified (in the case of a
candidate for State's Attorney it shall state that the candidate is at the time
of filing such statement a licensed attorney-at-law of this State), shall state
that he has filed (or will file before the close of the petition filing period)
a statement of economic interests as required by the Illinois Governmental
Ethics Act, shall request that the candidate's name be placed upon the official
ballot, and shall be subscribed and sworn to by such candidate before some
officer authorized to take acknowledgment of deeds in the State and shall be in
substantially the following form:
State of Illinois)
) ss.
County of .......)
I, ...., being first duly sworn, say that I reside at .... Street in the city
(or village) of ...., in the county of ...., State of Illinois; that I
am a qualified voter therein and am a qualified primary voter of the ....
party; that I am a candidate for nomination (for election in the case of committeeperson
and delegates and alternate delegates) to the office of ....
to be voted upon at the primary election to be held on (insert date); that I am
legally qualified (including
being the holder of any license that may be an eligibility requirement
for the office I seek the nomination for) to hold such office and that I
have filed (or I will file before the close of the petition filing period)
a statement of economic interests as required by the Illinois
Governmental Ethics Act and I hereby request that my name be printed
upon the official primary ballot for nomination for (or election to in
the case of committeepersons and delegates and alternate delegates) such
office.
Signed ......................
Subscribed and sworn to (or affirmed) before me by ...., who is to me
personally known, on (insert date).
Signed ....................
The petitions, when filed, shall not be withdrawn or added to, and no
signatures shall be revoked except by revocation filed in writing with
the State Board of Elections, election authority or local election
official with whom the petition is required to be filed, and before the
filing of such petition. Whoever forges the name of a signer upon any
petition required by this Article is deemed guilty of a forgery and on
conviction thereof shall be punished accordingly.
A candidate for the offices listed in this Section must obtain the number
of signatures specified in this Section on his or her petition for nomination.
(a) Statewide office or delegate to a national nominating convention. Except as otherwise provided in this Code, if a
candidate seeks to run for statewide office or as a delegate or alternate
delegate to a national nominating convention elected from the State at-large,
then the candidate's petition for nomination must contain at least 5,000 but
not more than 10,000 signatures.
(b) Congressional office or congressional delegate to a national nominating
convention. Except as otherwise provided in this Code, if a candidate seeks to run for United States Congress or as a
congressional delegate or alternate congressional delegate to a national
nominating convention elected from a congressional district, then the
candidate's petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of his or her party
in his or her congressional district. In the first primary election following a
redistricting of congressional districts, a candidate's petition for nomination
must contain at least 600 signatures of qualified primary electors of the
candidate's political party in his or her congressional district.
(c) County office. Except as otherwise provided in this Code, if a candidate seeks to run for any countywide office,
including, but not limited to, county board chairperson or county board
member, elected on an at-large basis, in a county other than Cook County,
then the candidate's petition for nomination must contain at least the number
of signatures equal to 0.5% of the qualified electors of his or her party who
cast votes at the last preceding general election in his or her county. If a
candidate
seeks to run for county board member elected from a county board district, then
the candidate's petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of his or her party
in the
county board district. In the first primary election following a redistricting
of county board districts or the initial establishment of county board
districts, a candidate's petition for nomination must contain at least the
number of signatures equal to 0.5% of the qualified electors of his or her
party
in the entire county who cast votes at the last preceding general election
divided by the
total number of county board districts comprising the county board; provided
that
in no event shall the number of signatures be less than 25.
(d) County office; Cook County only.
(e) Municipal or township office. If a candidate seeks to run for municipal
or township office, then the candidate's petition for nomination must contain
at least the number of signatures equal to 0.5% of the qualified primary
electors of his or her party in the municipality or township. If a candidate
seeks to run for alderperson of a municipality, then the candidate's petition for
nomination must contain at least the number of signatures equal to 0.5% of the
qualified primary electors of his or her party of the ward. In the first
primary election following redistricting of wards or trustee
districts of a municipality or the initial establishment of wards or districts,
a candidate's petition for nomination must contain the number of signatures
equal to at least 0.5% of the total number of votes cast for the candidate of
that political party who received the highest number of votes in the entire
municipality at the last regular election at which an officer was regularly
scheduled to be elected from
the entire municipality, divided by the number of wards or districts. In no
event shall the number of signatures be less than 25.
(f) State central committeeperson. If a candidate seeks to run for State
central committeeperson, then the candidate's petition for nomination must
contain at least 100 signatures of the primary electors of his or her party of
his or
her congressional district.
(g) Sanitary district trustee. Except as otherwise provided in this Code, if a candidate seeks to run for trustee of a
sanitary district in which trustees are not elected from wards, then the
candidate's petition for nomination must contain at least the number of
signatures equal to 0.5% of the primary electors of his or her party from the
sanitary district. If a candidate seeks to run for trustee
of a sanitary district in which trustees are elected from wards, then the
candidate's petition for
nomination must contain at least the number of signatures equal to 0.5% of the
primary electors of his or her party in the ward of that sanitary district. In
the
first primary election following redistricting of sanitary districts elected
from wards, a candidate's petition for nomination must contain at least the
signatures of 150 qualified primary electors of his or her ward of that
sanitary district.
(h) Judicial office. Except as otherwise provided in this Code, if a candidate seeks to run for judicial office in a district, then the candidate's petition for nomination must contain the number of signatures equal to 0.4% of the number of votes cast in that district for the candidate for his or her political party for the office of Governor at the last general election at which a Governor was elected, but in no event less than 500 signatures. If a candidate seeks to run for judicial office in a
circuit or subcircuit, then the candidate's petition for nomination
must contain the number of signatures equal to 0.25% of the number of votes
cast for the judicial candidate of his or her political party who received the
highest number of votes
at the last general election at which a judicial
officer from the same circuit or subcircuit was regularly scheduled
to be elected, but in no event less than 1,000 signatures in circuits and subcircuits located in the First Judicial District or 500 signatures in every other Judicial District.
(i) Precinct, ward, and township committeeperson. Except as otherwise provided in this Code, if a candidate seeks to
run for precinct committeeperson, then the candidate's petition for nomination
must contain at least 10 signatures of the primary electors of his or her
party for the precinct. If a candidate seeks to run for ward committeeperson,
then the candidate's petition for nomination must contain no less than the
number of signatures equal to 10% of the primary electors of his or her party
of the ward, but no more than 16% of those same electors; provided that the
maximum number of signatures may be 50 more than the minimum number, whichever
is greater. If a candidate seeks to run for township committeeperson, then the
candidate's petition for nomination must contain no less than the number of
signatures equal to 5% of the primary electors of his or her party of the
township, but no more than 8% of those same electors;
provided that the maximum number of signatures may be 50 more than the
minimum number, whichever is greater.
(j) State's attorney or regional superintendent of schools for multiple
counties. If
a candidate seeks to run for State's attorney or regional Superintendent of
Schools who serves more than one county, then the candidate's petition for
nomination must contain at least the number of signatures equal to 0.5% of the
primary electors of his or her party in the territory comprising the counties.
(k) Any other office. If a candidate seeks any other office, then the
candidate's petition for nomination must contain at least the number of
signatures equal to 0.5% of the registered voters of the political subdivision,
district, or division for which the nomination is made or 25 signatures,
whichever is greater.
For purposes of this Section the number of primary electors shall be
determined by taking the total vote cast, in the applicable district, for the
candidate for that political party who received the highest number of votes,
statewide, at the last general election in the State at which electors for
President of the United States were elected. For political subdivisions, the
number of primary electors shall be determined by taking the total vote
cast for the candidate for that political party who received the highest number
of votes in the political subdivision at the last regular election at which an
officer was regularly scheduled to be elected from that subdivision. For wards
or districts of political subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for that political
party who received the highest number of votes in the ward or district at the
last regular election at which an officer was regularly scheduled to be elected
from that ward or district.
A "qualified primary elector" of a party may not
sign petitions for or be a candidate in the primary of more than
one party.
The changes made to this Section by Public Act 93-574 are declarative of existing law, except for item (3) of subsection
(d).
Petitions of candidates for nomination for offices herein specified,
to be filed with the same officer, may contain the names of 2 or more
candidates of the same political party for the same or different
offices. In the case of the offices of Governor and Lieutenant Governor, a joint petition including one candidate for each of those offices must be filed.
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21; 102-692, eff. 1-7-22.)
(10 ILCS 5/7-10.1) (from Ch. 46, par. 7-10.1)
Sec. 7-10.1.
Each petition or certificate of nomination shall include as a
part thereof, a statement for each of the candidates filing, or in whose
behalf the petition or certificate of nomination is filed, said statement
shall be subscribed and sworn to by such candidate or nominee before some
officer authorized to take acknowledgment of deeds in this State and shall
be in substantially the following form:
United States of America )
) ss
State of Illinois )
I, .... do swear that I am a citizen of the United States and the State
of Illinois, that I am not affiliated directly or indirectly with any
communist organization or any communist front organization, or any foreign
political agency, party, organization or government which advocates the
overthrow of constitutional government by force or other means not
permitted under the Constitution of the United States or the constitution
of this State; that I do not directly or indirectly teach or advocate the
overthrow of the government of the United States or of this State or any
unlawful change in the form of the governments thereof by force or any
unlawful means.
.......................
Subscribed and sworn to by me on (insert date).
.......................
(Notary Public)
My commission expires: .....
(Source: P.A. 91-357, eff. 7-29-99.)
(10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
Sec. 7-10.2. In the designation of the name of a candidate on a petition for
nomination or certificate of nomination the candidate's given name or
names, initial or initials, a nickname by which the candidate is
commonly known, or a combination thereof, may be used in addition to the
candidate's surname. If a candidate has changed his or her name, whether by a statutory or common law procedure in Illinois or any other jurisdiction, within 3 years before the last day for filing the petition or certificate for that office, whichever is applicable, then (i) the candidate's name on the petition or certificate must be followed by "formerly known as (list all prior names during the 3-year period) until name changed on (list date of each such name change)" and (ii) the petition or certificate must be accompanied by the candidate's affidavit stating the candidate's previous names during the period specified in (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot or removing the candidate's name from the ballot, as appropriate, but these requirements do not apply to name changes resulting from adoption to assume an adoptive parent's or parents' surname, marriage or civil union to assume a spouse's surname, or dissolution of marriage or civil union or declaration of invalidity of marriage or civil union to assume a former surname or a name change that conforms the candidate's name to his or her gender identity. No other designation such as a political slogan, as
defined by Section 7-17, title or degree, or
nickname suggesting or implying possession of a title, degree or professional
status, or similar information may be used in connection with the candidate's
surname.
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/7-10.3) (from Ch. 46, par. 7-10.3)
Sec. 7-10.3.
(A) Except as otherwise provided in paragraph (C)
of this Section, a candidate for delegate or alternate delegate to a national
nominating convention shall file with the State Board of Elections at the
time of filing the statement of candidacy described in Section 7-10, a
statement declaring the name of his preference for President of the United
States or that he is uncommitted.
(B) If more candidates for delegate or alternate delegate in a
congressional district than have been allocated to that district file
statements designating the same presidential candidate as their preference
for President of the United States, the presidential candidate so
designated or his authorized representative may, within 10 days after the
last day for filing such statements, file an affidavit designating which of
such candidates he wants to be listed on
the ballot as being committed to the presidential candidate. Candidates
for delegate or alternate delegate not designated on an affidavit by the
presidential candidate shall be listed on the ballot as uncommitted. In no
event may the designated person's filing of the affidavit leave fewer
candidates listed on the ballot as being committed to him than the number
of delegates or alternate delegates allocated to the district.
(C) The State central committee of a political party may
choose to file a statement with the State Board of Elections not less than
30 days prior to the first day for filing the statement of candidacy described
in Section 7-10, specifying that a candidate for delegate or alternate delegate
shall not be required to file an official declaration statement pursuant
to this Section.
If the State central committee of a political party specifies that any
such official declaration statement is not required to be filed by the
candidates for delegates and alternate delegates to the national nominating
convention of any such political party, then no such declaration statement
shall be required to be made.
(Source: P.A. 85-903.)
(10 ILCS 5/7-11) (from Ch. 46, par. 7-11)
Sec. 7-11.
Any candidate for President of the United States may have his name
printed upon the primary ballot of his political party by filing in the
office of the State Board of Elections not more than 113 and not less
than 106 days prior to the date of the general primary, in any year in which a
Presidential election is to be held, a petition signed by not less than
3000 or more than 5000 primary electors, members of and affiliated with the
party of which he is a candidate, and no candidate for President of the
United States, who fails to comply with the provisions of this Article
shall have his name printed upon any primary ballot: Provided, however,
that if the rules or policies of a national political
party conflict with such requirements for filing petitions for President of
the United States in a presidential preference primary, the Chair of the
State central committee of such national political party shall notify the
State Board of Elections in writing, citing by reference the rules or
policies of the national political party in conflict, and in such case the
Board shall direct such petitions to be filed in accordance with the delegate selection plan adopted by the state central committee of such national political party. Provided, further, unless rules
or policies of a national political party otherwise provide, the
vote for President of the United States, as herein provided for, shall be
for the sole purpose of securing an expression of the sentiment and will of
the party voters with respect to candidates for nomination for said office,
and the vote of the state at large shall be taken and considered as
advisory to the delegates and alternates at large to the national
conventions of respective political parties; and the vote of the respective
congressional districts shall be taken and considered as advisory to the
delegates and alternates of said congressional districts to the national
conventions of the respective political parties.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-11.1) (from Ch. 46, par. 7-11.1)
Sec. 7-11.1.
Whenever a vacancy in any elective county office is to be
filled by election pursuant to Section 25-11 of this Code or Section 2-6003 of the Counties Code, nominations shall be
made and any vacancy in nomination for a county office shall be filled pursuant
to this Section:
(1) If the vacancy in office occurs before the first date provided in
Section 7-12 for filing nomination papers for the primary in the next even
numbered year following the commencement of the term, nominations for the
election for filling such vacancy shall be made pursuant to this Article 7
as provided for other county offices.
(2) Except as otherwise provided in paragraph (3.5), if the vacancy in office occurs during the time provided in Section
7-12 for filing nomination papers for county offices for the primary in the
next even-numbered year following commencement of the term of office in
which such vacancy occurs, the time for filing nomination papers for such
office for the primary shall not be more than 91 days and not less than 85
days prior to the date of the primary election.
(3) Except as otherwise provided in paragraph (3.5), if the vacancy in office occurs after the last day provided in
Section 7-12 for filing nomination papers for any elective county office a
vacancy in nomination shall be deemed to have occurred and the county
central committee or the appropriate county board district committee of
each established political party shall nominate, by resolution, a candidate
to fill such vacancy in nomination for election to such office at such
general election. In the nomination proceedings to fill such vacancy in
nomination, each member of the county central committee, or the county
board district committee, as the case may be, shall have the voting
strength as set forth in Sections 7-8 and 7-8.01, respectively. The name
of the candidate so nominated shall not appear on the ballot at the general
primary election. Such vacancy in nomination shall be filled prior to the
date of certification of candidates for the general election.
(3.5) If the vacancy in the Office of President of the Cook County Board occurs on or after the first day provided in Section 7-12 for filing nomination papers for the primary in the next even-numbered year following the commencement of the term, a vacancy in nomination shall be deemed to have occurred and the county central committee of each established political party shall nominate, by resolution, a candidate to fill such vacancy in nomination for the election to such office at such general election. In the nomination proceedings to fill such vacancy in nomination, each member of the county central committee shall have the voting strength as set forth in Section 7-8. The office shall not appear on the ballot at the general primary election. Any vacancy in nomination occurring on or after the primary and prior to certification must be filled prior to the date of certification. Any vacancy in nomination occurring after certification but prior to 15 days before the general election shall be filled within 8 days after the event creating the vacancy in nomination.
(4) The resolution to fill the vacancy shall be duly acknowledged before
an officer qualified to take acknowledgments of deeds and shall include,
upon its face, the following information:
The resolution to fill the vacancy shall be accompanied by a Statement of
Candidacy, as prescribed in Section 7-10, completed by the selected nominee
and a receipt indicating that such nominee has filed a Statement of
Economic Interests as required by the Illinois Governmental Ethics Act.
The provisions of Sections 10-8 through 10-10.1 relating to objections to
nomination papers, hearings on objections and judicial review, shall also
apply to and govern objections to nomination papers and resolutions for
filling vacancies in nomination filed pursuant to this Section.
Unless otherwise specified herein, the nomination and election provided
for in this Section shall be governed by this Code.
(Source: P.A. 101-188, eff. 8-2-19.)
(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
Sec. 7-12. All petitions for nomination shall be filed by mail or
in person as follows:
(Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21; 102-687, eff. 12-17-21.)
(10 ILCS 5/7-12.1) (from Ch. 46, par. 7-12.1)
Sec. 7-12.1.
The provisions of Sections 10-8 through 10-10.1 relating to
objections to certificates of nomination and nomination papers, hearings on
objections, and judicial review, shall also apply to and govern objections
to petitions for nomination filed under this Article, except as otherwise
provided in Section 7-13 for cases to which it is applicable.
(Source: Laws 1967, p. 597.)
(10 ILCS 5/7-13) (from Ch. 46, par. 7-13)
Sec. 7-13.
The board of election commissioners in cities of 500,000 or more
population having such board, shall constitute an electoral board for the
hearing and passing upon objections to nomination petitions for ward committeepersons.
Except as otherwise provided in this Code, such objections shall be filed in the office of the county clerk within 5 business days after the last day for filing nomination papers. The objection shall state the name
and address of the objector, who may be any qualified elector in the ward,
the specific grounds of objection and the relief requested of the electoral
board. Upon the receipt of the objection, the county clerk shall forthwith
transmit such objection and the petition of the candidate to the board of
election commissioners. The board of election commissioners shall forthwith
notify the objector and candidate objected to of the time and place for
hearing hereon. After a hearing upon the validity of such objections, the
board shall
certify to the county clerk its decision stating whether or not the name
of the candidate shall be printed on the ballot and the county clerk in his
or her certificate to the board of election commissioners shall leave off
of the certificate the name of the candidate for ward committeeperson that the
election commissioners order not to be printed on the ballot. However, the
decision of the board of election commissioners is subject to judicial
review as provided in Section 10-10.1.
The county electoral board composed as provided in Section 10-9 shall
constitute an electoral board for the hearing and passing upon objections
to nomination petitions for precinct and township committeepersons. Such
objections shall be filed in the office of the county clerk within 5 business days after the last day for filing nomination papers. The objection shall state the name and
address of the objector who may be any qualified elector in the precinct or
in the township or part of a township that lies outside of a city having a
population of 500,000 or more, the specific grounds of objection and the
relief requested of the electoral board. Upon the receipt of the objection
the county clerk shall forthwith transmit such objection and the petition
of the candidate to the chair of the county electoral board. The chair
of the county electoral board shall forthwith notify the objector,
the candidate whose petition is objected to and the other members of the
electoral board of the time and place for hearing thereon. After hearing
upon the validity of such objections the board shall certify its decision to the county clerk
stating whether or not the name of the candidate shall be printed on the
ballot, and the county clerk, in his or her certificate to the board of
election commissioners, shall leave off of the certificate the name of the
candidate ordered by the board not to be printed on the ballot, and the
county clerk shall also refrain from printing on the official primary
ballot, the name of any candidate whose name has been ordered by the
electoral board not to be printed on the ballot. However, the decision of
the board is subject to judicial review as provided in Section 10-10.1.
In such proceedings the electoral boards have the same powers as other
electoral boards under the provisions of Section 10-10 of this Act and
their decisions are subject to judicial review under Section 10-10.1.
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/7-13.1) (from Ch. 46, par. 7-13.1)
Sec. 7-13.1. Certification of Candidates-Consolidated
primary. Not less than 68 days
before the date of the consolidated primary, each local election
official of each political subdivision required to nominate candidates
for the respective offices by primary shall certify to each election
authority whose duty it is to prepare the official ballot for the
consolidated primary in such political subdivision the names of all
candidates in whose behalf nomination papers have been filed in the
office of such local election official
and direct the election authority to place upon the official ballot for
the consolidated primary election the names of such candidates in the same
manner and in the same order as shown upon the certification. However,
subject to appeal, the names of candidates whose
nomination papers have been held invalid by the appropriate electoral board
provided in Section 10-9 of this Code shall not be so
certified. The certification
shall be modified as necessary to comply with the requirements of any other
statute or any ordinance adopted pursuant to Article VII of the Constitution
prescribing specific provisions for nonpartisan elections, including without
limitation Articles 3, 4 and 5 of "The Municipal Code".
The names of candidates shall be listed on the certification for the
respective offices in the order in which the candidates have filed their
nomination papers, or as determined by lot, or as otherwise specified by statute.
In every instance where applicable, the following shall also be indicated
in the certification:
The local election official shall issue an amended certification
whenever it is discovered that the original certification is in error.
(Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
(10 ILCS 5/7-14) (from Ch. 46, par. 7-14)
Sec. 7-14.
Except as otherwise provided in this Code, not less than 68 days before the date of the general primary the
State Board of Elections shall meet and shall examine all petitions
filed under this Article 7, in the office of the State Board of
Elections. The State Board of Elections shall then certify to the county
clerk of each county, the names of all candidates whose nomination papers
or certificates of nomination have been filed with the Board and direct the
county clerk to place upon the official ballot for the general primary
election the names of such candidates in the same manner and in the same
order as shown upon the certification.
The State Board of Elections shall, in its certificate to the county
clerk, certify the names of the offices, and the names of the candidates
in the order in which the offices and names
shall appear upon the primary ballot;
such names
to appear
in the order in which petitions have been filed in the office of the
State Board of Elections except as otherwise provided in this Article.
Not less than 62 days before the date of the general primary, each
county clerk shall certify the names of all candidates whose nomination
papers have been filed with such clerk and declare that the names of such
candidates for the respective offices shall be placed upon the official
ballot for the general primary in the order in which such nomination papers
were filed with the clerk, or as determined by lot, or as otherwise
specified by statute. Each county clerk shall place a copy of the
certification on file in his or her office and at the same time issue to
the board of election commissioners a copy of the certification that has been
filed in the county clerk's office, together with a copy of the
certification that has been issued to the clerk by the State Board of
Elections, with directions to the board of election commissioners to place
upon the official ballot for the general primary in that election
jurisdiction the names of all candidates that are listed on such
certification in the same manner and in the same order as shown upon such
certifications.
The certification shall indicate, where applicable, the following:
The State Board of Elections or the county clerk, as the case may be,
shall issue an amended certification whenever it is discovered that the
original certification is in error.
Subject to appeal, the names of candidates whose nomination papers have
been held invalid by the appropriate electoral board provided in Section
10-9 of this Code shall not be certified.
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/7-14.1) (from Ch. 46, par. 7-14.1)
Sec. 7-14.1.
Delegates and alternate delegates to national nominating
conventions shall be chosen according to one of the following alternative
methods of allocating delegates for election. The State central committee
of each political party established pursuant to this Article 7 shall certify
to the State Board of Elections, not less than 30 days prior to the first
date for filing of petitions for election as delegate or alternate delegate
to a national nominating convention, which of the following alternatives
it wishes to be utilized in allocating the delegates and alternate delegates
to which Illinois will be entitled at its national nominating convention.
The State Board of Elections shall meet promptly and, not less than 20 days
prior to the first date for filing of such petitions, shall publish and
certify to the county clerk in each county the number of delegates or alternate
delegates to be elected from each congressional district or from the State
at large or State convention of a political party, as the case may be,
according to the method chosen by each State central committee. If
a State central committee fails to certify to the State Board of
Elections its choice of one of the following methods prior to the
aforementioned meeting of the State Board of Elections, the State Board
of Elections shall certify delegates for that political party pursuant
to whichever of the alternatives below was used by that political party
pursuant to whichever of the alternatives below was used by that
political party in the most recent year in which delegates were
selected, subject to any subsequent amendments.
Prior to the aforementioned meeting of the State Board of Elections at
which the Board shall publish and certify to the county clerk the number
of delegates or alternate delegates to be elected from each congressional
district or the State at large or State convention, the Secretary of State
shall ascertain from the call of the national convention of each political
party the number of delegates and alternate delegates to which Illinois
will be entitled at the respective national nominating conventions. The
Secretary of State shall report the number
of delegates and alternate delegates to which Illinois will be entitled
at the respective national nominating conventions to the State Board of
Elections convened as aforesaid to be utilized by the State Board of
Elections in calculating the number of delegates and alternates to be
elected from each congressional district in the State at large or State
convention, as the case may be.
Alternative A: The State Board of Elections shall allocate the number of
delegates and alternate delegates to which the State is entitled among the
congressional districts in the State.
1. Of the number of delegates to which the State is entitled, 10, plus
those remaining unallocated under paragraph 2, shall be delegates at large.
The State central committee of the appropriate political party shall determine
whether the delegates at large shall be (a) elected in the primary from
the State at large, (b) selected by the State convention, or (c) chosen
by a combination of these 2 methods. If the State central committee determines
that all or a specified number of the delegates at large shall be elected
in the primary, the committee shall file with the Board a report of such
determination at the same time it certifies the alternative it wishes to
use in allocating its delegates.
2. All delegates other than the delegates at large shall be elected from
the congressional districts. Two delegates shall be allocated from this
number to each district. After reserving 10 delegates to be delegates at
large and allocating 2 delegates to each district, the Board shall allocate
the remaining delegates to the congressional districts pursuant to the
following formula:
3. The alternate delegates at large shall be allocated in the same manner
as the delegates at large. The alternate delegates other than the alternate
delegates at large shall be allocated in the same manner as the delegates
other than the delegates at large.
Alternative B: the chair of the State central committee shall file
with the State Board of Elections a statement of the number of delegates
and alternate delegates to which the State is entitled and the number of
such delegates and alternate delegates to be elected from congressional
districts. The State Board of Elections shall allocate such number of
delegates and alternate delegates, as the case may be, among the
congressional districts in the State for election from the congressional districts.
The Board shall utilize the sum of 1/3 of each of the following formulae
to determine the number of delegates and alternate delegates, as the case
may be, to be elected from each congressional district:
(1) Formula 1 shall be determined by multiplying paragraphs (a), (b), and (c)
together as follows:
(2) Formula 2 shall be determined by multiplying paragraphs (a), (b), and (c)
together as follows:
(3) Formula 3 shall be determined by multiplying paragraphs (a), (b), and (c)
together as follows:
Fractional numbers of delegates and alternate delegates shall be rounded
upward in rank order to the next whole number, largest fraction first, until
the total number of delegates and alternate delegates, respectively, to
be so chosen have been allocated.
The remainder of the delegates and alternate delegates shall be selected
as determined by the State central committee of the party and shall be
certified to the State Board of Elections by the chair of the State central
committee.
Notwithstanding anything to the contrary contained herein, with
respect to all aspects of the selection of delegates and alternate delegates
to a national nominating convention under Alternative B, this Code shall be superseded
by the delegate selection rules and policies of the
national political party including, but not limited to, the development of
an affirmative action plan.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-14.2) (from Ch. 46, par. 7-14.2)
Sec. 7-14.2.
Delegates and alternate delegates to national conventions
other than national nominating conventions shall be chosen according to
procedures established by the appropriate State central committee of a political
party established pursuant to this Article 7, which may include the procedure
prescribed by Section 7-14.1 of this Act.
(Source: P.A. 80-1122.)
(10 ILCS 5/7-14a) (from Ch. 46, par. 7-14a)
Sec. 7-14a.
Where there are 2 or more additional judgeships created in
any judicial district or circuit, to be filled at the same general
election and to be elected from the same district, circuit or county, each
such additional judgeship shall be designated by the State Board
of Elections by a letter of the alphabet beginning with the letter "A". Such
designation shall be made no later than one day prior to the first day for
filing of nominating petitions for such additional judgeships.
Each candidate for such additional judgeship shall specify to the State
Board of Elections upon the filing of his nominating petitions the
judgeship for which he seeks nomination. Such candidates shall be
nominated and elected for the judgeships which they have designated.
(Source: P.A. 85-903.)
(10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
Sec. 7-15. At least 60 days prior to each general and consolidated primary,
the election authority shall provide public notice, calculated to reach
elderly voters and voters with disabilities, of the availability of registration and
voting aids under the Federal Voting Accessibility for the Elderly and
Handicapped Act, of the availability of assistance in marking the ballot,
procedures for voting by a vote by mail ballot, and procedures for early
voting
by personal appearance.
At least 20 days before the general primary the county
clerk of each county, and not more than 30 nor less than 10 days before
the consolidated primary the election authority, shall prepare in the
manner provided in this Act, a notice of such primary which notice shall
state the time and place of holding the primary, the hours during which
the polls will be open, the offices for which candidates will be
nominated at such primary and the political parties entitled to
participate therein, notwithstanding that no candidate of any such
political party may be entitled to have his name printed on the primary
ballot. Such notice shall also include the list of addresses of
precinct polling places for the consolidated primary unless such list is
separately published by the election authority not less than 10 days
before the consolidated primary.
In counties, municipalities, or towns having fewer than 500,000
inhabitants notice of the general primary shall be published once in two
or more newspapers published in the county, municipality or town, as the
case may be, or if there is no such newspaper, then in any two or more
newspapers published in the county and having a general circulation
throughout the community.
In counties, municipalities, or towns having 500,000 or more
inhabitants notice of the general primary shall be published at least 15
days prior to the primary by the same authorities and in the same manner
as notice of election for general elections are required to be published
in counties, municipalities or towns of 500,000 or more inhabitants
under this Act.
Notice of the consolidated primary shall be published once in one or
more newspapers published in each political subdivision having such
primary, and if there is no such newspaper, then published once in a
local, community newspaper having general circulation in the
subdivision, and also once in a newspaper published in the county
wherein the political subdivisions, or portions thereof, having such
primary are situated.
(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
(10 ILCS 5/7-16) (from Ch. 46, par. 7-16)
Sec. 7-16.
Each election authority in each county
shall prepare and cause to be printed the primary ballot of each
political party for each precinct in his respective jurisdiction.
Except as otherwise provided in this Code, the election authority shall, at least 45 days prior to the date of the primary
election, have a sufficient number of ballots printed so that such
ballots will be available for mailing 45 days prior to the
primary election to persons who have filed application for a ballot
under the provisions of Article 20 of this Act.
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
Sec. 7-17. Candidate ballot name procedures.
(a) Each election authority in each county shall cause to be
printed upon the general primary ballot of each party for each precinct
in his jurisdiction the name of each candidate whose petition for
nomination or for committeeperson has been filed in the office of the
county clerk, as herein provided; and also the name of each candidate
whose name has been certified to his office by the State Board of
Elections, and in the order so certified, except as hereinafter
provided.
It shall be the duty of the election authority to cause to be printed
upon the consolidated primary ballot of each political party for each
precinct in his jurisdiction the name of each candidate whose name has
been certified to him, as herein provided and which is to be voted for
in such precinct.
(b) In the designation of the name of a candidate on the primary ballot
the candidate's given name or names, initial or initials, a nickname by
which the candidate is commonly known, or a combination thereof, may be
used in addition to the candidate's surname. If a candidate has changed his or her name, whether by a statutory or common law procedure in Illinois or any other jurisdiction, within 3 years before the last day for filing the petition for nomination, nomination papers, or certificate of nomination for that office, whichever is applicable, then (i) the candidate's name on the primary ballot must be followed by "formerly known as (list all prior names during the 3-year period) until name changed on (list date of each such name change)" and (ii) the petition, papers, or certificate must be accompanied by the candidate's affidavit stating the candidate's previous names during the period specified in (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot or removing the candidate's name from the ballot, as appropriate, but these requirements do not apply to name changes resulting from adoption to assume an adoptive parent's or parents' surname, marriage or civil union to assume a spouse's surname, or dissolution of marriage or civil union or declaration of invalidity of marriage or civil union to assume a former surname or a name change that conforms the candidate's name to his or her gender identity. No other designation such
as a political slogan, title, or degree, or nickname suggesting or
implying possession of
a title, degree or professional status, or similar information may be
used in connection
with the candidate's surname.
For purposes of this Section, a "political slogan" is defined as any
word
or words expressing or connoting a position, opinion, or belief that the
candidate may espouse, including but not limited to, any word or words
conveying any meaning other than that of the personal identity of the
candidate. A
candidate may not use a political slogan as part of his or her name on the
ballot, notwithstanding that the political slogan may be part of the
candidate's name.
(c) The State Board of Elections, a local election official, or an election
authority shall remove any candidate's name designation from a ballot that is
inconsistent with subsection (b) of this Section. In addition, the State Board
of Elections, a local election official, or an election authority shall not
certify to any election authority any candidate name designation that is
inconsistent with subsection (b) of this Section.
(d) If the State Board of Elections, a local election official, or an
election authority removes a candidate's name designation from a ballot
under subsection (c) of this Section, then the aggrieved candidate may
seek appropriate relief in circuit court.
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/7-18) (from Ch. 46, par. 7-18)
Sec. 7-18.
The primary ballot of each political party shall be
separately printed upon paper of uniform quality, texture and size, but
the primary ballot of no two political parties shall be of the same
color or tint.
The election authority shall, at least 15 days prior to the date of
the primary, post in a conspicuous place in his office an announcement
of the color of the primary ballots of the respective parties, and, in
the case of the general primary, shall also publish such announcement
for at least 1 week in at least 2 newspapers of general circulation
published in the county. In the case of the consolidated primary, the election
authority shall publish
such announcement at the same time and in the manner provided for notice
of the consolidated primary in Section 7-15 of this Article.
(Source: P.A. 81-963.)
(10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
Sec. 7-19. The primary ballot of each political party for each precinct shall be
arranged and printed substantially in the manner following:
1. Designating words. At the top of the ballot shall be printed in
large capital letters, words designating the ballot, if a Republican
ballot, the designating words shall be: "REPUBLICAN PRIMARY BALLOT"; if
a Democratic ballot the designating words shall be: "DEMOCRATIC PRIMARY
BALLOT"; and in like manner for each political party.
2. Order of Names, Directions to Voters, etc. Beginning not less
than one inch below designating words, the name of each office to be
filled shall be printed in capital letters. Such names may be printed on
the ballot either in a single column or in 2 or more columns and in the
following order, to-wit:
President of the United States, State offices, congressional offices,
delegates and alternate delegates to be elected from the State at large
to National nominating conventions, delegates and alternate delegates to
be elected from congressional districts to National nominating
conventions, member or members of the State central committee, trustees of sanitary
districts, county offices, judicial officers, city, village and
incorporated town offices, town offices, or of such of the said offices
as candidates are to be nominated for at such primary, and precinct,
township or ward committeepersons. If two or more columns are used, the
foregoing offices to and including member of the State central committee
shall be listed in the left-hand column and Senatorial offices, as
defined in Section 8-3, shall be the
first offices listed in the second column.
Below the name of each office shall be printed in small letters the
directions to voters: "Vote for one"; "Vote for not more than two"; "Vote for not more than three". If no candidate or candidates file for an office and if no person or persons file a declaration as a write-in candidate for that office, then below the title of that office the election authority instead shall print "No Candidate".
Next to the name of each candidate for delegate or alternate delegate
to a national nominating convention shall appear either (a)
the name of the
candidate's preference for President of the United States or the word
"uncommitted" or (b) no official designation, depending upon the action
taken by the State central committee pursuant to Section 7-10.3 of this Act.
Below the name of each office shall be printed in capital letters the
names of all candidates, arranged in the order in which their petitions
for nominations were filed, except as otherwise provided in Sections
7-14 and 7-17 of this Article. Opposite and in front of the name of each
candidate shall be printed a square and all squares upon the primary
ballot shall be of uniform size. The names of each team of candidates for Governor and Lieutenant Governor, however, shall be printed within a bracket, and a single square shall be printed in front of the bracket. Spaces between the names of candidates
under each office shall be uniform and sufficient spaces shall separate
the names of candidates for one office from the names of candidates for
another office, to avoid confusion and to permit the writing in of the
names of other candidates.
Where voting machines or electronic voting systems are used, the
provisions of this Section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-20) (from Ch. 46, par. 7-20)
Sec. 7-20.
On the back or outside of the primary ballot of each
precinct, so as to appear when folded, shall be printed the words
"Primary Ballot," followed by designation of said precinct, the date of
the primary and a facsimile of the signature of the election authority who
furnished the ballots.
(Source: P.A. 80-1469.)
(10 ILCS 5/7-21) (from Ch. 46, par. 7-21)
Sec. 7-21.
The election authority shall transmit or cause to be delivered to the
primary judges, and to the respective local election officials prior to
the consolidated primary, specimen ballots of each political party, substantially
in the form of the official primary ballots, to be used at such primary,
which specimen ballot shall be printed upon paper of a different texture
and color from the official primary ballot. In units of local government
having fewer than 500,000
inhabitants the election authority shall have published in two or more newspapers
published in the county, municipality or
town, as the case may be, or if there is no such newspaper, then in any
two or more newspapers published in the county and having
general circulation throughout the community, at least 5 days prior to
the general primary, a true copy of the specimen ballot, and the primary judges
shall post one of each such specimen ballots at the polling place. In
counties, municipalities or towns having 500,000
or more inhabitants the primary judges shall post not less than 5 of
each such specimen ballots in the precinct, and one of each such
specimen ballots at the polling place. For the consolidated primary, the
local election official shall have the duty to make such publication with
respect to the ballots for his unit of local government, and may make his
publication as part of the announcement heretofore required.
(Source: P.A. 80-1469.)
(10 ILCS 5/7-22) (from Ch. 46, par. 7-22)
Sec. 7-22.
Primary ballot boxes shall be furnished by the same authorities
and in the same manner and shall be of the same style and description as
ballot boxes furnished for the purpose of general elections, under the
provisions of this Act.
(Source: Laws 1943, vol. 2, p. 1.)
(10 ILCS 5/7-23) (from Ch. 46, par. 7-23)
Sec. 7-23.
All necessary primary poll books, official poll records, tally
sheets, return blanks, stationery and other necessary primary supplies
shall be furnished by the same authorities upon whom is imposed the duty of
furnishing such supplies at general elections, by this Act.
(Source: Laws 1943, vol. 2, p. 1.)
(10 ILCS 5/7-24) (from Ch. 46, par. 7-24)
Sec. 7-24.
The primary poll books shall be substantially in the following
form:
Primary poll books of the primary held in the .... precinct of the county
of .... on (insert date).
This is to certify that the above and foregoing is a correct list of primary
voters at a primary held on (insert date) in the .... precinct, in .... county,
and State of Illinois. That at the primary the undersigned judges served as
required by law and are entitled to pay therefor.
Dated (insert date).
............................ ............................
............................ ............................
............................ ............................
Judges of primary
The primary poll books shall otherwise be in form and shall contain the
same certificates as nearly as may be as the poll books used in the general
election and shall be signed and attested in the same manner, as nearly as
may be, as the poll books used for the purpose of general elections. If
Article 4, 5 or 6 of this Act applies to any such primary the official
poll record provided for in such applicable Article shall be used in lieu
of poll books.
(Source: P.A. 91-357, eff. 7-29-99.)
(10 ILCS 5/7-25) (from Ch. 46, par. 7-25)
Sec. 7-25.
The tally sheets for each political party participating in the
primary election shall be substantially in the following form:
"Tally sheet for ....(name of political party) for the .... precinct, in
the county of .... for a primary held on the .... day of .... A.D. ....."
The names of candidates for nomination and for State central committeepersons, township, and precinct and ward committeepersons, and delegates
and alternate delegates to National nominating conventions, shall be placed
on the tally sheets of each political party by the primary judges, in the
order in which they appear on the ballot.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-26) (from Ch. 46, par. 7-26)
Sec. 7-26.
The judges of general elections for state and county
officers are hereby constituted the
judges of primary elections in their respective precincts, under the
provisions of this Article.
(Source: P.A. 80-1469.)
(10 ILCS 5/7-27) (from Ch. 46, par. 7-27)
Sec. 7-27.
It is hereby made the duty of the respective judges of general
elections to act as judges of primary elections in their respective
precincts until their successors, as judges of general elections, are duly
appointed and qualified.
(Source: Laws 1943, vol. 2, p. 1.)
(10 ILCS 5/7-28) (from Ch. 46, par. 7-28)
Sec. 7-28.
If, at the time for opening of a primary, one of the primary
judges be absent, or refuse to act, the judges present shall appoint some
qualified primary elector of the precinct to act in his place. If two of
the primary judges be absent or refuse to act, the judge present shall fill
the vacancies in the same manner, as above provided. If all of the primary
judges be absent, or refuse to act, the primary electors present, who
reside in the precinct, shall select the appropriate number of themselves
to act as primary judges. The judges so selected and appointed shall take
the same oath, have the same powers, and perform the same duties and be
subject to the same penalties as regularly constituted election judges.
(Source: Laws 1957, p. 1450.)
(10 ILCS 5/7-30) (from Ch. 46, par. 7-30)
Sec. 7-30.
Previous to any vote being taken, the primary judges shall
severally subscribe and take an oath or affirmation in the following
form, to-wit:
"I do solemnly swear (or affirm, as the case may be), that I will
support the Constitution of the United States and the Constitution of
the State of Illinois, and will faithfully and honestly discharge the
duties of primary judge, according to the best of my ability, and that I
have resided in this State for 30 days, (and only in the case of a primary
judge in counties of less than 500,000 inhabitants, have resided in this precinct for the 30 days next preceding this
primary), (and in the case of a registered voter, am entitled to vote at
this primary)."
All persons subscribing the oath and all persons
actually serving as primary judges, whether sworn or not, shall be
deemed to be and are hereby declared to be officers of the circuit court
of their respective counties.
(Source: P.A. 91-352, eff. 1-1-00; 92-16, eff. 6-28-01.)
(10 ILCS 5/7-31) (from Ch. 46, par. 7-31)
Sec. 7-31.
In case there is no notary public present at the opening of a
primary, or in case such notary public is appointed one of the primary
judges, the primary judges may administer the oath or affirmation to each
other.
(Source: Laws 1963, p. 1135.)
(10 ILCS 5/7-32) (from Ch. 46, par. 7-32)
Sec. 7-32.
The primary judges, except as otherwise provided in this
article, shall perform the same duties, have the same powers, and be
subject to the same penalties as judges of general elections under this
Act.
(Source: Laws 1957, p. 1450.)
(10 ILCS 5/7-33) (from Ch. 46, par. 7-33)
Sec. 7-33.
Primary judges shall receive the same pay, and shall be paid by
the same authorities and in the same manner as judges of general elections
under this Act.
(Source: Laws 1957, p. 1450.)
(10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
Sec. 7-34. Pollwatchers in a primary election shall be authorized in
the following manner:
All pollwatchers shall be required to have proper credentials. Such
credentials shall be printed in sufficient quantities, shall be issued
by and under the facsimile signature(s) of the election authority and
shall be available for distribution at least 2 weeks prior to the
election. Such credentials shall be authorized by the real or facsimile
signature of the State or local party official or the candidate or the
presiding officer of the civic organization or the chair of the
proponent or opponent group, as the case may be.
Pollwatcher credentials shall be in substantially the following form:
In accordance with the provisions of the Election Code,
the undersigned hereby appoints ........... (name of pollwatcher)
at .......... (address) in the county of ...........,
.......... (township or municipality) of ........... (name), State of Illinois
and who is duly registered to vote from this address,
to act as a pollwatcher in the ........... precinct of the
.......... ward (if applicable) of the ...........
(township or municipality) of ........... at the
........... election to be held on (insert date).
........................ (Signature of Appointing Authority)
........................ TITLE (party official, candidate,
civic organization president,
proponent or opponent group chair)
Under penalties provided by law pursuant to Section 29-10 of the
Election Code, the undersigned pollwatcher certifies that he or she resides
at .............. (address) in the county of ........., ......... (township
or municipality) of .......... (name), State of Illinois, and is duly
registered to vote in Illinois.
........................... ..........................
(Precinct and/or Ward in (Signature of Pollwatcher)
Which Pollwatcher Resides)
Pollwatchers must present their credentials to the Judges of Election
upon entering the polling place. Pollwatcher credentials properly
executed and signed shall be proof of the qualifications of the
pollwatcher authorized thereby. Such credentials are retained by the
Judges and returned to the Election Authority at the end of the day of election
with the other election materials. Once a pollwatcher has surrendered a
valid credential, he may leave and reenter the polling place provided
that such continuing action does not disrupt the conduct of the election.
Pollwatchers may be substituted during the course of the day, but established
political parties, candidates, qualified civic organizations and proponents
and opponents of a ballot proposition can have only as many pollwatchers
at any given time as are authorized in this Article. A substitute must
present his signed credential to the judges of election upon entering the
polling place. Election authorities must provide a sufficient number of
credentials to allow for substitution of pollwatchers.
After the polls have closed, pollwatchers shall be allowed to
remain until the canvass of votes is completed; but may leave and
reenter only in cases of necessity, provided that such action is not so
continuous as to disrupt the canvass of votes.
Candidates seeking office in a district or municipality encompassing 2
or more counties shall be admitted to any and all polling places throughout
such district or municipality without regard to the counties in which such
candidates are registered to vote. Actions of such candidates shall be
governed in each polling place by the same privileges and limitations that
apply to pollwatchers as provided in this Section. Any such candidate who
engages in an activity in a polling place which could reasonably be
construed by a majority of the judges of election as campaign activity
shall be removed forthwith from such polling place.
Candidates seeking office in a district or municipality encompassing 2 or
more counties who desire to be admitted to polling places on election day
in such district or municipality shall be required to have proper
credentials. Such credentials shall be printed in sufficient quantities,
shall be issued by and under the facsimile signature of the
election authority of the election jurisdiction where the polling place in
which the candidate seeks admittance is located, and shall be available for
distribution at least 2 weeks prior to the election. Such credentials shall
be signed by the candidate.
Candidate credentials shall be in substantially the following form:
TO THE JUDGES OF ELECTION:
In accordance with the provisions of the Election Code, I ...... (name of
candidate) hereby certify that I am a candidate for ....... (name of
office) and seek admittance to ....... precinct of the ....... ward (if
applicable) of the ....... (township or municipality) of ....... at the
....... election to be held on (insert date).
......................... .......................
(Signature of Candidate) OFFICE FOR WHICH
CANDIDATE SEEKS
NOMINATION OR
ELECTION
Pollwatchers shall be permitted to observe all proceedings and view all reasonably requested records relating
to the conduct of the election, provided the secrecy of the ballot is not impinged, and to station themselves in a position
in the voting room as will enable them to observe the judges making the
signature comparison between the voter application and the voter
registration record card; provided, however, that such pollwatchers
shall not be permitted to station themselves in such close proximity to
the judges of election so as to interfere with the orderly conduct of
the election and shall not, in any event, be permitted to handle
election materials. Pollwatchers may challenge for cause the voting
qualifications of a person offering to vote and may call to the
attention of the judges of election any incorrect procedure or apparent
violations of this Code.
If a majority of the judges of election determine that the polling
place has become too overcrowded with pollwatchers so as to interfere
with the orderly conduct of the election, the judges shall, by lot,
limit such pollwatchers to a reasonable number, except that each
candidate and each established or new political party shall be permitted
to have at least one pollwatcher present.
Representatives of an election authority, with regard to an election
under its jurisdiction, the State Board of Elections, and law
enforcement agencies, including but not limited to a United States
Attorney, a State's attorney, the Attorney General, and a State, county,
or local police department, in the performance of their official
election duties, shall be permitted at all times to enter and remain in
the polling place. Upon entering the polling place, such
representatives shall display their official credentials or other
identification to the judges of election.
Uniformed police officers assigned to polling place duty shall follow
all lawful instructions of the judges of election.
The provisions of this Section shall also apply to supervised casting of vote by mail
ballots as provided in Section 19-12.2 of this Act.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-35) (from Ch. 46, par. 7-35)
Sec. 7-35.
The election authority
shall cause to be delivered to the primary judges of each precinct not
less than 12 hours before the time fixed for the opening of the
polls, the official primary ballot of each political party, and the
number thereof for each political party in each precinct shall be 100
for each 50 votes cast in said precinct by said
political party at the last preceding general primary election.
(Source: P.A. 80-1469.)
(10 ILCS 5/7-36) (from Ch. 46, par. 7-36)
Sec. 7-36.
The official primary ballots shall be put in separate
sealed packages with marks on the outside thereof clearly designating
the precinct for which they are intended, and the number of ballots
enclosed for each political party and a receipt therefor shall be given
by the primary judge to whom such ballots are delivered, which receipt
shall be filed by the proper election authority in his office.
(Source: P.A. 80-1469.)
(10 ILCS 5/7-37) (from Ch. 46, par. 7-37)
Sec. 7-37.
The election authority shall provide and retain in his office
until after the primary,
an ample supply of extra primary ballots for each political party in
each precinct, and if, at any time before or during the primary, ballots
of any precinct shall be lost, destroyed or exhausted, on written
application, signed by the primary judges of said precinct, or any of
them, he shall immediately cause to be delivered to said primary judges
such supply of extra ballots as may be required to comply with the
provision of this article.
(Source: P.A. 80-1469.)
(10 ILCS 5/7-38) (from Ch. 46, par. 7-38)
Sec. 7-38.
The primaries herein provided for shall be held at the
regular polling places now established, or which may hereafter be
established, for the purposes of a general election.
(Source: P.A. 80-1469.)
(10 ILCS 5/7-39) (from Ch. 46, par. 7-39)
Sec. 7-39.
Upon the opening of the polls one of the primary judges shall
make proclamation of the same. And at least thirty (30) minutes before the
closing of the polls proclamation shall be made in like manner that the
polls will be closed in half an hour.
(Source: Laws 1943, vol. 2, p. 1.)
(10 ILCS 5/7-40) (from Ch. 46, par. 7-40)
Sec. 7-40.
(a) Before voting begins, the ballot box shall be emptied and shall be
opened and shown to those present to be empty, after which it shall be
locked and the key delivered to one of the primary judges, and such ballot
box shall not be removed from public view from the time it is shown to be
empty until after the close of the polls. This paragraph (a) applies
whenever permanent type ballot boxes are used, and does not apply when
ballot boxes are used in accordance with paragraph (b) of this Section.
(b) The election authority charged with providing ballot boxes for the
conduct of an election under this Article may provide non-permanent type
ballot boxes as authorized under Section 15-1, paragraph (b), and Section
15-4, paragraph (b). When such ballot boxes are used, prior to the
commencement of voting and before any ballots are deposited therein, the
judges shall examine each such sealed ballot box, show it to those present
and insure that it is in fact sealed and empty; the sealed slot shall be
broken open before those present and the box inspected to insure that it is
empty and such ballot box shall not be removed from public view from the
time it is so inspected until after the close of the polls. The sealed
opening on the side of the box shall not be unsealed or opened until after
the close of the polls.
(Source: P.A. 77-6.)
(10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
Sec. 7-41. (a) All officers upon whom is imposed by law the duty of
designating and providing polling places for general elections, shall provide
in each such polling place so designated and provided, a sufficient number of
booths for such primary election, which booths shall be provided with
shelves, such supplies and pencils as will enable the voter to prepare his
ballot for voting and in which voters may prepare their ballots screened
from all observation as to the manner in which they do so. Such booths shall be
within plain view of the election officers and both they and the ballot boxes
shall be within plain view of those within the proximity of the voting booths.
No person other than election officers and the challengers allowed by law and
those admitted for the purpose of voting, as hereinafter provided, shall be
permitted within the proximity of the voting booths, except
by authority of the primary officers to keep order and enforce the law.
(b) The number of such voting booths shall not be less than one to every
seventy-five voters or fraction thereof, who voted at the last preceding
election in the precinct or election district.
(c) No person shall do any electioneering or soliciting of votes on
primary day within any polling place or within one hundred feet of any polling
place, or, at the option of a church or private school, on any of the property of that church or private school that is a polling place. Election officers shall place 2 or more cones, small United States
national flags, or some other marker a distance of 100 horizontal feet from
each entrance to the room used by voters to engage in voting, which shall be
known as the polling room. If
the polling room is located within a building that is a private business, a public or private
school, or a church or other organization founded for the purpose of religious
worship and the
distance of 100 horizontal feet ends within the interior of the
building, then the markers shall be placed outside of the
building at each entrance used by voters to enter that
building on the grounds adjacent to the thoroughfare or walkway. If the polling
room is located within a public or private building with 2 or more floors and
the polling room is located on the ground floor, then the markers shall be
placed 100 horizontal feet from each entrance to the polling room used by
voters to engage in voting. If the polling room is located in a public or
private building with 2 or more floors and the polling room is located on a
floor above or below the ground floor,
then the markers shall be placed a distance of 100 feet from the nearest
elevator or staircase used by voters on the ground floor to access the floor
where the polling room is located. The area within where the markers are placed
shall be known as a campaign free zone, and electioneering is prohibited
pursuant to this subsection. Notwithstanding any other provision of this Section, a church or private school may choose to apply the campaign free zone to its entire property, and, if so, the markers shall be placed near the boundaries on the grounds adjacent to the thoroughfares or walkways leading to the entrances used by the voters.
At or near the door of each polling place, the election judges shall place signage indicating the proper entrance to the polling place. In addition, the election judges shall ensure that a sign identifying the location of the polling place is placed on a nearby public roadway. The State Board of Elections shall establish guidelines for the placement of polling place signage.
The area on polling place property beyond the campaign free zone, whether
publicly or privately owned, is a public forum for the time that the polls are
open on an election day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A person shall have
the right to congregate and engage in electioneering on any polling place
property while the polls are open beyond the campaign free zone, including but
not limited to, the placement of temporary signs.
This subsection shall be construed liberally in favor of persons engaging in
electioneering
on all polling place property beyond the campaign free zone for the time that
the polls are
open on an election day.
(d) The regulation of electioneering on polling place property on an
election
day, including but not limited to the placement of temporary signs, is an
exclusive power and function of the State. A home rule unit may not regulate
electioneering and any ordinance or local law contrary to subsection (c) is
declared void. This is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 95-699, eff. 11-9-07.)
(10 ILCS 5/7-42) (from Ch. 46, par. 7-42)
Sec. 7-42.
(a) Any person entitled to vote at such primary shall, on the day of
such primary, with the consent of his employer be entitled to absent
himself from any service or employment in which he is then engaged or
employed for a period of two hours between the time of opening and closing
the polls. The employer may specify the hours during which said employe may
absent himself.
(b) Beginning the 15th day before the primary election or on the day of the primary election, any student entitled to vote at such primary shall be entitled to be absent from school for a period of 2 hours during the school day in order to vote. The school may specify the hours during which the eligible student may be absent. A student who is absent from school under this subsection (b) is not considered absent for the purpose of calculating enrollment under Section 18-8.15 of the School Code.
(Source: P.A. 101-624, eff. 6-1-20.)
(10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
Sec. 7-43. Every person having resided in this State 6 months and
in the precinct 30 days next preceding any primary therein who shall be
a citizen of the United States of the age of 18 or more
years shall be
entitled to vote at such primary.
The following regulations shall be applicable to primaries:
A person (i) who filed a statement of candidacy for a partisan office as a qualified primary voter of an established political party or (ii) who voted the ballot of an established political party at a general primary election may not file a statement of candidacy as a candidate of a different established political party, a new political party, or as an independent candidate for a partisan office to be filled at the general election immediately following the general primary for which the person filed the statement or voted the ballot. A person may file a statement of candidacy for a partisan office as a qualified primary voter of an established political party regardless of any prior filing of candidacy for a partisan office or voting the ballot of an established political party at any prior election.
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
Sec. 7-44.
Any person desiring to vote at a primary shall state his name,
residence and party affiliation to the primary judges, one of whom shall
thereupon announce the same in a distinct tone of voice, sufficiently loud
to be heard by all persons in the polling place. When article 4, 5 or 6
is applicable the Certificate of Registered Voter therein prescribed shall
be made and signed and the official poll record shall be made. If the
person desiring to vote is not challenged, one of the primary judges shall
give to him one, and only one, primary ballot of the political party with
which he declares himself affiliated, on the back of which such primary
judge shall endorse his initials in such manner that they may be seen when
the primary ballot is properly folded. If the person desiring to vote is
challenged he shall not receive a primary ballot from the primary judges
until he shall have established his right to vote as hereinafter provided.
No person who refuses to state his party affiliation shall be allowed to
vote at a primary.
A person who declares his party affiliation with a statewide established
political party and requests a primary ballot of such party may nonetheless
also declare his affiliation with a political party established only within
a political subdivision, and may also vote in the primary of such local
party on the same election day, provided that such voter may not vote in
both such party primaries with respect to offices of the same political
subdivision. However, no person declaring his affiliation with a statewide
established political party may vote in the primary of any other statewide
political party on the same election day.
(Source: P.A. 81-1535.)
(10 ILCS 5/7-45) (from Ch. 46, par. 7-45)
Sec. 7-45.
Whenever a person offering to vote at a primary is
challenged, and is not personally known to the judges of election to have
the qualifications required in this Article to vote, the person so
challenged shall make and subscribe an
affidavit in the following form, which shall be presented to and
retained by the primary judges and returned by them affixed to the
primary poll book or with the official poll record:
State of Illinois)
)ss.
County of .......)
I, ...., do solemnly swear (or affirm) that I am a citizen of the
United States, of the age of 18 years or over, and am qualified to vote
under and by virtue of the Constitution and laws of the State of
Illinois, and am a legally qualified voter of the precinct; that I now
reside at ....(insert street and number, if any) in this precinct, and
am a member of and affiliated with the .... party; that I have not
voted at a primary of another political party within a period of 23
calendar months prior to the calendar month in which this primary is
being held; and that I voted at the .... city, village, incorporated
town, or town primary, with the .... political party at the ....
election held in ...., .... which the .... political party was
entitled at such primary to make nominations of candidates for city,
village, incorporated town or town offices only, and for no other
offices, and that the name or names of no candidate or candidates of the
.... political party (the political party with which the primary
elector declares himself affiliated) were, at such city, village,
incorporated town or town primary, printed on the primary ballot; that I
have not signed the petition for nomination of a candidate of a
political party with which I am not affiliated, and that I have not
signed the nominating papers of an independent candidate for any office
for which office candidates for nomination are voted for at this
primary.
.........................
Subscribed and sworn to before me, this .... day of ...., ....
.........................
Judge of Primary
In addition to such affidavit the person so challenged shall provide to
the judges of election proof of residence by producing two
forms of identification showing the person's current residence address,
provided that such identification may include not more than
one piece of mail addressed to the person at his current residence address
and postmarked not earlier than 30 days prior to the date of the primary
election, or the person shall produce the affidavit of one voter of the
precinct, who shall be a qualified
voter at such primary, and who shall be personally known or proved to
the judges to be a voter in the precinct, which affidavit shall be in
the following form:
State of Illinois)
)ss.
County of........)
I,...., do solemnly swear (or affirm) that I am a voter of this
precinct and entitled to vote at this primary; that I am acquainted with
....(name of the party challenged), whose right to vote at this primary
has been challenged; that I know him or her to be an actual bona fide resident
of this precinct, and that he has resided herein 30 days, and I verily
believe he or she has resided in this State 30 days next preceding this
primary; that I verily believe he or she is a member of and affiliated with the
.... party.
.........................
Subscribed and sworn to before me, this .... day of ...., ....
.........................
Judge of Primary
(Source: P.A. 86-867.)
(10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
Sec. 7-46.
On receiving from the primary judges a primary ballot of his
party, the primary elector shall forthwith and without leaving the polling
place, retire alone to one of the voting booths and prepare such primary
ballot by marking a cross (X) in the square in front of and opposite the
name of each candidate of his choice for each office to be filled, and for
delegates and alternate delegates to national nominating conventions, and
for committeepersons, if committeepersons are being elected at such primary. A cross (X) in the square in front of the bracket enclosing the names of a team of candidates for Governor and Lieutenant Governor counts as one vote for each of those candidates.
Any primary elector may, instead of voting for any candidate for
nomination or for committeeperson or for delegate or alternate delegate to
national nominating conventions, whose name is printed on the primary
ballot, write in the name of any other person affiliated with such party as
a candidate for the nomination for any office, or for committeeperson, or for
delegates or alternate delegates to national nominating conventions, and
indicate his choice of such candidate or committeeperson or delegate or
alternate delegate, by placing to the left of and opposite the name thus
written a square and placing in the square a cross (X). A primary elector, however, may not by this method vote separately for Governor and Lieutenant Governor but must write in the names of candidates of his or her choice for both offices and indicate his or her choice of those names by placing a single square to the left of those names and placing in that square a cross (X).
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
Sec. 7-47.
Before leaving the booth, the primary elector shall fold his
primary ballot in such manner as to conceal the marks thereon. Such voter
shall then vote forthwith by handing the primary judge the primary ballot
received by such voter. Thereupon the primary judge shall deposit such
primary ballot in the ballot box. One of the judges shall thereupon enter
in the primary poll book the name of the primary elector, his residence and
his party affiliation or shall make the entries on the official poll record
as required by articles 4, 5 and 6, if any one of them is applicable.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: Laws 1965, p. 2220.)
(10 ILCS 5/7-47.1) (from Ch. 46, par. 7-47.1)
Sec. 7-47.1.
(a) In the case of an emergency, as determined by the
State Board of Elections, or if the Board determines that all potential
polling places have been surveyed by the election authority and that no
accessible polling place, as defined by rule of the State Board of
Elections, is available within a precinct nor is the election authority
able to make a polling place within the precinct temporarily accessible,
the Board, upon written application by the election authority, is
authorized to grant an exemption from the accessibility requirements of the
Federal Voting Accessibility for the Elderly and Handicapped Act (Public
Law 98-435). Such exemption shall be valid for a period of 2 years.
(b) Any temporarily or permanently physically disabled voter who,
because of structural features of the building in which the polling place
is located, is unable to access or enter the polling place, may request
that 2 judges of election of opposite party affiliation deliver a ballot to
him or her at the point where he or she is unable to continue forward
motion toward the polling place; but, in no case, shall a ballot be
delivered to the voter beyond 50 feet of the entrance to the building in
which the polling place is located. Such request shall be made to the
election authority not later than the close of business at the election
authority's office on the day before the election and on a form prescribed
by the State Board of Elections. The election authority shall notify the
judges of election for the appropriate precinct polling places of such requests.
Weather permitting, 2 judges of election shall deliver to the
disabled voter the ballot which he or she is entitled to vote, a portable
voting booth or other enclosure that will allow such voter to mark his or
her ballot in secrecy, and a marking device.
(c) The voter must complete the entire voting process, including the
application for ballot from which the judges of election shall compare the
voter's signature with the signature on his or her registration record card
in the precinct binder.
After the voter has marked his or her ballot and placed it in the
ballot envelope (or folded it in the manner prescribed for paper ballots),
the 2 judges of election shall return the ballot to the polling place and
give it to the judge in charge of the ballot box who shall deposit it therein.
Pollwatchers as provided in Sections 7-34 and 17-23 of this Code shall
be permitted to accompany the judges and observe the above procedure.
No assistance may be given to such voter in marking his or her ballot,
unless the voter requests assistance and completes the affidavit required
by Section 17-14 of this Code.
(Source: P.A. 84-808.)
(10 ILCS 5/7-48) (from Ch. 46, par. 7-48)
Sec. 7-48.
Any primary elector who may declare upon oath, properly
witnessed and with his or her signature or mark affixed, that he or she
requires assistance to vote by reason of blindness, physical disability or
inability to read, write or speak the English language, shall, upon
request, be assisted in marking his or her primary ballot in the same
manner as provided by this Act for general elections.
(Source: P.A. 84-808.)
(10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
Sec. 7-49.
After the opening of the polls at a primary no adjournment shall
be had nor recess taken until the canvass of all the votes is completed and
the returns carefully enveloped and sealed.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: Laws 1965, p. 2220.)
(10 ILCS 5/7-50) (from Ch. 46, par. 7-50)
Sec. 7-50.
The votes shall be canvassed in the room or place where the
primary is held and the primary judges shall not allow the ballot box or
any of the ballots, or the primary poll book, or any of the tally sheets to
be removed or carried away from such room or polling place until the
canvass of the votes is completed and the returns carefully enveloped and
sealed.
(Source: Laws 1943, vol. 2, p. 1.)
(10 ILCS 5/7-51) (from Ch. 46, par. 7-51)
Sec. 7-51.
If the primary elector marks more names upon the primary
ballot than there are persons to be nominated as candidates for an
office, or for State central committeepersons, or precinct committeepersons, or
township committeepersons, or ward committeepersons, or delegates or alternate
delegates to National nominating conventions, or if for any reason it is
impossible to determine the primary elector's choice of a candidate for
the nomination for an office, or committeeperson, or delegate, his primary
ballot shall not be counted for the nomination for such office or committeeperson.
No primary ballot, without the endorsement of the judge's initials
thereon, shall be counted.
No judge shall omit to endorse his initials on a primary ballot, as
required by this Article, nor shall any person not authorized so to do
initial a primary ballot knowing that he is not so authorized.
Primary ballots not counted shall be marked "defective" on the back
thereof; and primary ballots to which objections have been made by
either of the primary judges or challengers shall be marked "objected
to" on the back thereof; and a memorandum, signed by the primary judges,
stating how it was counted, shall be written on the back of each primary
ballot so marked; and all primary ballots marked "defective" or
"objected to" shall be enclosed in an envelope and securely sealed, and
so marked and endorsed as to clearly disclose its contents. The envelope
to be used for enclosing ballots marked "defective" or "objected to"
shall bear upon its face, in not less than 1 1/2 inch type, the legend:
"This envelope is for use after 6:00 P.M. only." The envelope to be used
for enclosing ballots spoiled by voters while attempting to vote shall
bear upon its face, in not less than 1 1/2 inch type, the legend: "This
envelope is for use before 6:00 P.M. only."
All primary ballots not voted, and all that have been spoiled by
voters while attempting to vote, shall be returned to the proper election authority
by the primary judges, and a receipt taken therefor, and shall be
preserved 2 months. Such official shall keep a record of the number of
primary ballots delivered for each polling place, and he or they shall
also enter upon such record the number and character of primary ballots
returned, with the time when and the persons by whom they are returned.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
Sec. 7-52.
Immediately upon closing the polls, the primary judges
shall proceed to canvass the votes in the manner following:
Where voting machines or electronic voting systems are used, the
provisions of this Section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 96-1018, eff. 1-1-11; 97-333, eff. 8-12-11.)
(10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
Sec. 7-53.
As soon as the ballots of a political party shall have
been read and the votes of the political party counted, as provided in
the last above section, the 3 judges in charge of the tally sheets shall
foot up the tally sheets so as to show the total number of votes cast
for each candidate of the political party and for each candidate for
State Central committeeperson and precinct committeeperson, township committeeperson
or ward committeeperson, and delegate and alternate delegate
to National nominating conventions, and certify the same to be correct.
Thereupon, the primary judges shall set down in a certificate of results
on the tally sheet, under the name of the political party, the name of
each candidate voted for upon the primary ballot, written at full
length, the name of the office for which he is a candidate for
nomination or for committeeperson, or delegate or alternate delegate to
National nominating conventions, the total number of votes which the
candidate received, and they shall also set down the total number of
ballots voted by the primary electors of the political party in the
precinct. The certificate of results shall be made substantially in the
following form:
................ Party
At the primary election held in the .... precinct of the (1) *township of
...., or (2) *City of ...., or (3) *.... ward in the city of .... on (insert
date), the primary electors of the ....
party voted .... ballots, and the respective candidates whose names were
written or printed on the primary ballot of the .... party, received
respectively the following votes:
*Fill in either (1), (2) or (3).
And so on for each candidate.
We hereby certify the above and foregoing to be true and correct.
Dated (insert date).
...................................
Name Address
...................................
Name Address...................................
Name Address...................................
Name Address
...................................
Name Address
Judges of Primary
Where voting machines or electronic voting systems are used, the
provisions of this Section may be modified as required or authorized by
Article 24 and Article 24A, whichever is applicable.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
Sec. 7-54.
After the votes of a political party have been counted and
set down and the tally sheets footed and the entry made in the primary
poll books or return, as above provided, all the primary ballots of said
political party, except those marked "defective" or "objected to" shall
be securely bound, lengthwise and in width, with a soft cord having a
minimum tensile strength of 60 pounds separately for each political
party in the order in which said primary ballots have been read, and
shall thereupon be carefully sealed in an envelope, which envelope shall
be endorsed as follows:
"Primary ballots of the.... party of the.... precinct of the county
of.... and State of Illinois."
Below each endorsement, each primary judge shall write his name.
Immediately thereafter the judges shall designate one of their number to
go to the nearest
telephone and report to the office of the county clerk or board of
election commissioners (as the case may be) the results of such primary.
Such clerk or board shall keep his or its office open after the close of
the polls until he or it has received from each precinct under his or
its jurisdiction the report above provided for. Immediately upon
receiving such report such clerk or board shall cause the same to be
posted in a public place in his or its office for inspection by the
public. Immediately after making such report such judge shall return to
the polling place.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 81-1433.)
(10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
Sec. 7-55.
The primary poll books or the official poll record, and the
tally sheets with the certificates of the primary judges written thereon,
together with the envelopes containing the ballots, including the envelope
containing the ballots marked "defective" or "objected to", shall be
carefully enveloped and sealed up together, properly endorsed, and the
primary judges shall elect 2 judges (one from each of the major political
parties), who shall immediately deliver the same to the clerk from whom the
primary ballots were obtained, which clerk shall safely keep the same for 2
months, and thereafter shall safely keep the poll books until the next
primary. Each election authority shall keep the office of the election
authority, or any receiving stations designated by such authority, open
for at least 12 consecutive hours after the polls close,
or until the judges of each precinct under the jurisdiction of the election
authority have delivered to the election authority all the above materials
sealed up together and properly endorsed as provided herein. Materials
delivered to the election authority which are not in the condition required
by this Section shall not be accepted by the election authority until the
judges delivering the same make and sign the necessary corrections. Upon
acceptance of the materials by the election authority, the judges delivering
the same shall take a receipt signed by the election authority and stamped
with the time and date of
such delivery. The election judges whose duty it is to deliver any materials
as above provided shall, in the event such materials cannot be found when
needed, on proper request, produce the receipt which they are to take as
above provided.
The county clerk or board of election commissioners shall deliver a copy
of each tally sheet to the county chairmen of the two largest political
parties.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 and Article 24A, whichever is applicable.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
Sec. 7-56. As soon as complete returns are delivered to the proper election
authority, the returns shall be canvassed for all primary elections as follows. The election authority acting as the canvassing board
pursuant to Section 1-8 of this Code shall also open
and canvass the returns of a primary. Upon the
completion of the canvass of the returns by the election authority,
the election authority shall make a tabulated statement of the returns
for each political party separately, stating in appropriate columns and
under proper headings, the total number of votes cast in said county for
each candidate for nomination or election by said party, including candidates for
President of the United States and for State central committeepersons, and
for delegates and alternate delegates to National nominating
conventions, and for precinct committeepersons, township committeepersons, and
for ward committeepersons. Within 2 days after the completion of said
canvass by the election authority, the county clerk shall mail to the
State Board of Elections a certified copy of such tabulated statement of
returns. The
election authority shall also determine and set down as to each precinct the
number of ballots voted by the primary electors of each party at the primary.
In the case of the nomination or election of candidates for offices,
including President of the United States and the State central committeepersons, and delegates and alternate delegates to National
nominating conventions, certified tabulated statement of returns for
which are filed with the State Board of Elections, said returns shall be
canvassed by the election authority. And, provided, further, that within 5 days after
said returns shall be canvassed by the said Board, the Board shall cause
to be published in one daily newspaper of general circulation at the
seat of the State government in Springfield a certified statement of the
returns filed in its office, showing the total vote cast in the State
for each candidate of each political party for President of the United
States, and showing the total vote for each candidate of each political
party for President of the United States, cast in each of the several
congressional districts in the State.
Within 48 hours of conducting a canvass, as required
by this Code, of the consolidated
primary, the election authority shall deliver
an original certificate of results to each local election official, with
respect to whose political subdivisions nominations were made at such primary,
for each precinct in his jurisdiction in which such nominations were on
the ballot. Such original certificate of results need not include any offices
or nominations for any other political subdivisions.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-56.1) (from Ch. 46, par. 7-56.1)
Sec. 7-56.1.
The county clerk or board of election commissioners shall, upon request,
and by mail if so requested, furnish free of charge to any candidate for
State office, including State Senator and Representative in the General
Assembly, whose name appeared upon the primary ballot within the
jurisdiction of the county clerk or board of election commissioners, a copy
of the abstract of votes by precinct for all candidates for the office for
which such person was a candidate. Such abstract shall be furnished no
later than 2 days after the receipt of the request or 8 days after the
completing of the canvass, whichever is later.
(Source: P.A. 78-775.)
(10 ILCS 5/7-56.2) (from Ch. 46, par. 7-56.2)
Sec. 7-56.2.
The provisions of this Article 7 governing the conduct of
primaries for the nomination of officers of units of local government at
the consolidated primary of odd numbered years, shall also govern the conduct
of those municipal primaries held in even numbered years 6 weeks before
the date of the general primary election pursuant to Article 2A of this
Code. In applying the provisions of this Article to those even numbered
year municipal elections, references to the "election" shall be construed
to refer to the municipal election to be held on the day of the general
primary, and references to the "consolidated primary" shall be construed
to refer to the municipal primary of the even numbered year.
(Source: P.A. 80-1469.)
(10 ILCS 5/7-57) (from Ch. 46, par. 7-57)
Sec. 7-57.
The death of any candidate prior to, or on, the date of the
primary shall not affect the canvass of the ballots. If the result of such
canvass discloses that such candidate, if he had lived, would have been
nominated, such candidate shall be declared nominated.
(Source: Laws 1943, vol. 2, p. 1.)
(10 ILCS 5/7-58) (from Ch. 46, par. 7-58)
Sec. 7-58. Each county clerk or board of election
commissioners shall, upon completion of the
canvassing of the returns, make and transmit to the State Board of
Elections and to each election authority whose duty it is to print the
official ballot for the election for which the nomination is made a
proclamation of the results of the primary. The proclamation shall state
the name of each candidate of each political party so
nominated or elected, as shown by the returns, together with the name of
the office for which he or she was nominated or elected, including precinct,
township and ward committeepersons, and including in the case of the State
Board of Elections, candidates for State central committeepersons, and
delegates and alternate delegates to National nominating conventions. If
a notice of contest is filed, the election authority shall, within one
business day after receiving a certified copy of the court's judgment or
order, amend its proclamation accordingly and proceed to file an amended
proclamation with the appropriate election authorities and with the State
Board of Elections.
The State Board of Elections shall issue a certificate of
election to each of the persons shown by the returns and the
proclamation thereof to be elected State central committeepersons, and
delegates and alternate delegates to National nominating conventions;
and the county clerk shall issue a certificate of election to each
person shown by the returns to be elected precinct, township or ward committeeperson. The certificate issued to such precinct committeeperson shall
state the number of ballots voted in his or her precinct by the primary
electors of his or her party at the primary at which he or she was elected. The
certificate issued to such township committeeperson shall state the number
of ballots voted in his or her township or part of a township, as the case may
be, by the primary electors of his or her party at the primary at which he or she was
elected. The certificate issued to such ward committeeperson shall state
the number of ballots voted in his or her ward by the primary electors of his or her
party at the primary at which he or she was elected.
(Source: P.A. 100-1027, eff. 1-1-19; 101-81, eff. 7-12-19.)
(10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
Sec. 7-59. (a) The person receiving the highest number of votes at a
primary as a candidate of a party for the nomination for an office shall
be the candidate of that party for such office, and his name as such
candidate shall be placed on the official ballot at the election then
next ensuing; provided, that where there are two or more persons to be
nominated for the same office or board, the requisite number of persons
receiving the highest number of votes shall be nominated and their names
shall be placed on the official ballot at the following election.
Except as otherwise provided by Section 7-8 of this Act, the
person receiving the highest number of votes of his party for
State central committeeperson of his congressional district shall be
declared elected State central committeeperson from said congressional
district.
Unless a national political party specifies that delegates and
alternate delegates to a National nominating convention be allocated by
proportional selection representation according to the results of a
Presidential preference primary, the requisite number of persons
receiving the highest number of votes of their party for delegates and
alternate delegates to National nominating conventions from the State at
large, and the requisite number of persons receiving the highest number of
votes of their party for delegates and alternate delegates to National
nominating conventions in their respective congressional districts shall be
declared elected delegates and alternate delegates to the National
nominating conventions of their party.
A political party which elects the members to its State Central Committee
by Alternative B under paragraph (a) of Section 7-8 shall select its
congressional district delegates and alternate delegates to its national
nominating convention by proportional selection representation according to
the results of a Presidential preference primary in each congressional
district in the manner provided by the rules of the national political
party and the State Central Committee, when the rules and policies of the
national political party so require.
A political party which elects the members to its State Central Committee
by Alternative B under paragraph (a) of Section 7-8 shall select its
at large delegates and alternate delegates to its national
nominating convention by proportional selection representation according to
the results of a Presidential preference primary in the whole State in the
manner provided by the rules of the national political party and the State
Central Committee, when the rules and policies of the national political
party so require.
The person receiving the highest number of votes of his party for
precinct committeeperson of his precinct shall be declared elected precinct committeeperson
from said precinct.
The person receiving the highest number of votes of his party for
township committeeperson of his township or part of a township as the case
may be, shall be declared elected township committeeperson from said
township or part of a township as the case may be. In cities where ward committeepersons
are elected, the person receiving the highest number of
votes of his party for ward committeeperson of his ward shall be declared
elected ward committeeperson from said ward.
When two or more persons receive an equal and the highest number of
votes for the nomination for the same office or for committeeperson of the
same political party, or where more than one person of the same
political party is to be nominated as a candidate for office or committeeperson, if it appears that more than the number of persons to be
nominated for an office or elected committeeperson have the highest and an
equal number of votes for the nomination for the same office or for
election as committeeperson, the election authority by which the returns of the primary
are canvassed shall decide by lot which of said persons shall be
nominated or elected, as the case may be. In such case the election authority shall issue notice in writing to such persons of such tie vote
stating therein the place, the day (which shall not be more than 5 days thereafter) and the hour when such nomination or election shall
be so determined.
(b) Except as otherwise provided in this Code, write-in votes shall be counted only for persons who have filed
notarized declarations of intent to be write-in candidates with the proper
election authority or authorities not later than 61 days prior to
the primary. However, whenever an objection to a candidate's nominating papers or petitions for any office is sustained under Section 10-10 after the 61st day before the election, then write-in votes shall be counted for that candidate if he or she has filed a notarized declaration of intent to be a write-in candidate for that office with the proper election authority or authorities not later than 7 days prior to the election.
Forms for the declaration of intent to be a write-in candidate shall be
supplied by the election authorities. Such declaration shall specify the
office for which the person seeks nomination or election as a write-in
candidate.
The election authority or authorities shall deliver a list of all persons
who have filed such declarations to the election judges in the appropriate
precincts prior to the primary.
(c) (1) Notwithstanding any other provisions of this Section, where
the number of candidates whose names have been printed on a party's
ballot for nomination for or election to an office at a primary is less
than the number of persons the party is entitled to nominate for or elect
to the office at the primary, a person whose name was not printed on the
party's primary ballot as a candidate for nomination for or election to the
office, is not nominated for or elected to that office as a result of a
write-in vote at the primary unless the number of votes he received equals
or exceeds the number of signatures required on a petition for nomination
for that office; or unless the number of votes he receives exceeds the
number of votes received by at least one of the candidates whose names were
printed on the primary ballot for nomination for or election to the same
office.
(2) Paragraph (1) of this subsection does not apply where the number
of candidates whose names have been printed on the party's ballot for
nomination for or election to the office at the primary equals or exceeds
the number of persons the party is entitled to nominate for or elect to the
office at the primary.
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
Sec. 7-60. Not less than 74 days before the date of the general
election, the State Board of Elections shall certify to the county clerks
the names of each of the candidates who have been nominated as shown by the
proclamation of the State Board of Elections as a canvassing board or who
have been nominated to fill a vacancy in nomination and direct the election
authority to place upon the official ballot for the general election the
names of such candidates in the same manner and in the same order as shown
upon the certification, except as otherwise provided in this Code.
Except as otherwise provided in this Code, not less than 68 days before the date of the general election, each
county clerk shall certify the names of each of the candidates for county
offices who have been nominated as shown by the proclamation of the county
election authority or who have been nominated to fill a vacancy in nomination
and declare that the names of such candidates for the respective offices
shall be placed upon the official ballot for the general election in the
same manner and in the same order as shown upon the certification, except
as otherwise provided by this Section. Each county clerk shall place a
copy of the certification on file in his or her office and at the same
time issue to the State Board of Elections a copy of such certification.
In addition, each county clerk in whose county there is a board of election
commissioners shall, not less than 68 days before the date of the general
election, issue to such board a copy of the certification that has been
filed in the county clerk's office, together with a copy of the
certification that has been issued to the clerk by the State Board of
Elections, with directions to the board of election commissioners to place
upon the official ballot for the general election in that election
jurisdiction the names of all candidates that are listed on such
certifications, in the same manner and in the same order as shown upon such
certifications, except as otherwise provided in this Section.
Whenever there are two or more persons nominated by the same political
party for multiple offices for any board, the name of the candidate of such
party receiving the highest number of votes in the primary election as a
candidate for such office, as shown by the official election returns of the
primary, shall be certified first under the name of such offices, and the
names of the remaining candidates of such party for such offices shall
follow in the order of the number of votes received by them respectively at
the primary election as shown by the official election results.
No person who is shown by the final
proclamation to have
been nominated or elected at the primary as a write-in candidate shall have his or her
name certified unless such person shall have filed with the certifying
office or board within 10 days after the election authority's proclamation
a statement of candidacy pursuant to Section 7-10, a statement pursuant
to Section 7-10.1, and a receipt for the filing of a statement of economic interests in relation to the unit of government to which he or she has been elected or nominated.
Each county clerk and board of election commissioners shall determine
by a fair and impartial method of random selection the order of placement
of established political party candidates for the general election ballot.
Such determination shall be made within 30 days following the canvass and proclamation
of the results of the general primary
in the office of the county clerk or board of election commissioners and
shall be open to the public. Seven days written notice of the time and place
of conducting such random selection shall be given, by each such election
authority, to the County Chair of each established political party, and
to each organization of citizens within the election jurisdiction which
was entitled, under this Article, at the next preceding election, to have
pollwatchers present on the day of election. Each election authority shall
post in a conspicuous, open and public place, at the entrance of the election
authority office, notice of the time and place of such lottery. However,
a board of election commissioners may elect to place established political
party candidates on the general election ballot in the same order determined
by the county clerk of the county in which the city under the jurisdiction
of such board is located.
Each certification shall indicate, where applicable, the following:
The State Board of Elections or the county clerk, as the case may be,
shall issue an amended certification whenever it is discovered that the
original certification is in error.
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
Sec. 7-60.1. Certification of candidates - consolidated election.
Each local election official of a political subdivision in which candidates
for the respective local offices are nominated at the consolidated primary
shall, no later than 5 days following the canvass and proclamation of the
results of the consolidated primary, certify to each election authority
whose duty it is to prepare the official ballot for the consolidated
election in that political subdivision the names of each of the candidates
who have been nominated as shown by the proclamation of the appropriate election authority or who have been nominated to fill a vacancy in nomination
and direct the election authority to place upon the official ballot for the
consolidated election the names of such candidates in the same manner and
in the same order as shown upon the certification, except as otherwise
provided by this Section.
Whenever there are two or more persons nominated by the same political
party for multiple offices for any board, the name of the candidate of such
party receiving the highest number of votes in the consolidated primary
election as a candidate for such consolidated primary, shall be certified
first under the name of such office, and the names of the remaining
candidates of such party for such offices shall follow in the order of the
number of votes received by them respectively at the consolidated primary
election as shown by the official election results.
No person who is shown by the election authority's proclamation to have
been nominated at the consolidated primary as a write-in candidate shall
have his or her name certified unless such person shall have filed with the
certifying office or board within 5 days after the election authority's
proclamation a statement of candidacy pursuant to Section 7-10 and a
statement pursuant to Section 7-10.1.
Each board of election commissioners of the cities in which established
political party candidates for city offices are nominated at the
consolidated primary shall determine by a fair and impartial method of
random selection the order of placement of the established political party
candidates for the consolidated ballot. Such determination shall be made
within 5 days following the canvass and proclamation of the results of the
consolidated primary and shall be open to the public. Three days written
notice of the time and place of conducting such random selection shall be
given, by each such election authority, to the County Chair of each
established political party, and to each organization of citizens within
the election jurisdiction which was entitled, under this Article, at the
next preceding election, to have pollwatchers present on the day of
election. Each election authority shall post in a conspicuous, open and
public place, at the entrance of the election authority office, notice of
the time and place of such lottery.
Each local election official of a political subdivision in which
established political party candidates for the respective local offices are
nominated by primary shall determine by a fair and impartial method of
random selection the order of placement of the established political party
candidates for the consolidated election ballot and, in the case of certain
municipalities having annual elections, on the general primary ballot for
election. Such determination shall be made prior to the canvass and
proclamation of results of the consolidated primary or special municipal
primary, as the case may be, in the office of the local election official and
shall be open to the public. Three days written notice of the time and
place of conducting such random selection shall be given, by each such
local election official, to the County Chair of each established
political party, and to each organization of citizens within the election
jurisdiction which was entitled, under this Article, at the next preceding
election, to have pollwatchers present on the day of election. Each local
election official shall post in a conspicuous, open and public place notice of
such lottery. Immediately thereafter, the local election official shall
certify the ballot placement order so determined to the proper election
authorities charged with the preparation of the consolidated election, or
general primary,
ballot for that political subdivision.
Not less than 68 days before the date of the consolidated election, each
local election official of a political subdivision in which established
political party candidates for the respective local offices have been
nominated by caucus or have been nominated because no primary was required
to be held shall certify to each election authority whose duty it is to
prepare the official ballot for the consolidated election in that political
subdivision the names of each of the candidates whose certificates of
nomination or nomination papers have been filed in his or her office and
direct the election authority to place upon the official ballot for the
consolidated election the names of such candidates in the same manner and
in the same order as shown upon the certification. Such local election
official shall, prior to certification, determine by a fair and impartial
method of random selection the order of placement of the established
political party candidates for the consolidated election ballot. Such
determination shall be made in the office of the local election official
and shall be open to the public. Three days written notice of the time and
place of conducting such random selection shall be given by each such local
election official to the county chair of each established political
party, and to each organization of citizens within the election
jurisdiction which was entitled, under this Article, at the next preceding
election, to have pollwatchers present on the day of election. Each local
election official shall post in a conspicuous, open and public place, at the
entrance of the office, notice of the time and place of such lottery. The
local election official shall certify the ballot placement order so
determined as part of his official certification of candidates to the
election authorities whose duty it is to prepare the official ballot for
the consolidated election in that political subdivision.
The certification shall indicate, where applicable, the following:
The local election official shall issue an amended certification whenever
it is discovered that the original certification is in error.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
Sec. 7-61. Whenever a special election is necessary the provisions of
this Article are applicable to the nomination of candidates to be voted
for at such special election.
In cases where a primary election is required the officer or board or
commission whose duty it is under the provisions of this Act relating to
general elections to call an election, shall fix a date for the primary
for the nomination of candidates to be voted for at such special
election. Notice of such primary shall be given at least 15 days prior
to the maximum time provided for the filing of petitions for such a
primary as provided in Section 7-12.
Any vacancy in nomination under the provisions of this Article 7
occurring on or after the primary and prior to certification of
candidates by the certifying board or officer, must be filled prior to the
date of certification. Any vacancy in nomination occurring after certification
but prior to 15 days before the general election shall be filled within 8 days
after the event creating the vacancy. The resolution filling the vacancy shall
be sent by U. S. mail or personal delivery to the certifying officer or board
within 3 days of the action by which the vacancy was filled; provided, if such
resolution is sent by mail and the U. S. postmark on the envelope containing
such resolution is dated prior to the expiration of such 3 day limit, the
resolution shall be deemed filed within such 3 day limit. Failure to so
transmit the resolution within the time specified in this Section shall
authorize the certifying officer or board to certify the original candidate.
Vacancies shall be filled by the officers of a local municipal or township
political party as specified in subsection (h) of Section 7-8, other than a
statewide political party, that is established only within a municipality or
township and the managing committee (or legislative committee in case of a
candidate for State Senator or representative committee in the case of a
candidate for State Representative in the General Assembly or State central committee in the case of a candidate for statewide office, including but not limited to the office of United States Senator) of the respective
political party for the territorial area in which such vacancy occurs.
The resolution to fill a vacancy in nomination shall be duly
acknowledged before an officer qualified to take acknowledgements of deeds
and shall include, upon its face, the following information:
(a) the name of the original nominee and the office vacated;
(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to fill the vacancy and
the date of selection.
The resolution to fill a vacancy in nomination shall be accompanied by a
Statement of Candidacy, as prescribed in Section 7-10, completed by the
selected nominee and a receipt indicating that such nominee has filed a
statement of economic interests as required by the Illinois Governmental
Ethics Act.
The provisions of Section 10-8 through 10-10.1 relating to objections to
certificates of nomination and nomination papers, hearings on objections,
and judicial review, shall apply to and govern objections to resolutions
for filling a vacancy in nomination.
Any vacancy in nomination occurring 15 days or less before the consolidated
election or the general election shall not be filled. In this event, the
certification of the original candidate shall stand and his name shall
appear on the official ballot to be voted at the general election.
A vacancy in nomination occurs when a candidate who has been
nominated under the provisions of this Article 7 dies before the
election (whether death occurs prior to, on or after the day of the
primary), or declines the nomination; provided that nominations may
become vacant for other reasons.
If the name of no established political party candidate was printed on
the consolidated primary ballot for a particular office
and if no person was nominated as a write-in candidate for such office,
a vacancy in nomination shall be created which may be filled in accordance
with the requirements of this Section. Except as otherwise provided in this Code, if the name of no established political
party candidate was printed on the general primary ballot for a particular
office and if no person was nominated as a write-in candidate for such office,
a vacancy in nomination shall be filled only by a person designated by the appropriate committee of the political party and only if that designated person files nominating petitions with the number of signatures required for an established party candidate for that office within 75 days after the day of the general primary. The circulation period for those petitions begins on the day the appropriate committee designates that person. The person shall file his or her nominating petitions, statements of candidacy, notice of appointment by the appropriate committee, and receipt of filing his or her statement of economic interests together. These documents shall be filed at the same location as provided in Section 7-12. The electoral boards having jurisdiction under Section 10-9 to hear and pass upon objections to nominating petitions also shall hear and pass upon objections to nomination petitions filed by candidates under this paragraph.
A candidate for whom a nomination paper has been filed as a partisan
candidate at a primary election, and who is defeated for his or her
nomination at such primary election, is ineligible to be listed on the
ballot at that general or consolidated election as a candidate of another
political party.
A candidate seeking election to an office for which candidates of
political parties are nominated by caucus who is a participant in the
caucus and who is defeated for his or her nomination at such caucus, is
ineligible to be listed on the ballot at that general or consolidated
election as a candidate of another political party.
In the proceedings to nominate a candidate to fill a vacancy or to
fill a vacancy in the nomination, each precinct, township, ward, county
or congressional district, as the case may be, shall through its
representative on such central or managing committee, be entitled to one
vote for each ballot voted in such precinct, township, ward, county or
congressional district, as the case may be, by the primary electors of
its party at the primary election immediately preceding the meeting at
which such vacancy is to be filled.
For purposes of this Section, the words "certify" and "certification"
shall refer to the act of officially declaring the names of candidates
entitled to be printed upon the official ballot at an election and
directing election authorities to place the names of such candidates upon
the official ballot. "Certifying officers or board" shall refer to the
local election official, election authority or the State Board of
Elections, as the case may be, with whom nomination papers, including
certificates of nomination and resolutions to fill vacancies in nomination,
are filed and whose duty it is to "certify" candidates.
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/7-62) (from Ch. 46, par. 7-62)
Sec. 7-62.
In cities having a board of election commissioners, the duties
herein imposed upon the county, city, incorporated town or village clerk,
as the case may be, shall be discharged by the board of election
commissioners in the same manner, as near as may be, and to the same extent
and with like effect that the similar duties imposed by this Article are
discharged by the county, city, incorporated town or village clerk, as the
case may be; and the ballots for the nomination of all candidates to be
voted for in such city shall be printed by the board of election
commissioners and the returns of the primary held in such city shall be
made to such board of election commissioners.
(Source: Laws 1943, vol. 2, p. 1.)
(10 ILCS 5/7-63) (from Ch. 46, par. 7-63)
Sec. 7-63. Any candidate whose name appears upon the primary ballot of any
political party may contest the election of the candidate or candidates
nominated for the office for which he or she was a candidate by his or her
political party, upon the face of the returns, by filing with the clerk of the
circuit court a petition in writing, setting forth the grounds of
contest, which petition shall be verified by the affidavit of the
petitioner or other person, and which petition shall be filed within 10
days after the completion of the canvass of the returns by the election authority making the final canvass of returns. The contestant
shall also file with that election authority (and if for the nomination
for an office, certified tabulated statements of the returns of which
are to be filed with the State Board of Elections, also with the election authorities in whose jurisdiction the
election was held), a notice of the pendency of the contest.
If the contest relates to an office involving more than one county,
the venue of the contest is (a) in the county in which the alleged
grounds of the contest exist or (b) if grounds for the contest are
alleged to exist in more than one county, then in any of those counties
or in the county in which any defendant resides.
Authority and jurisdiction are hereby vested in the circuit
court, to hear and determine primary contests. When a
petition to contest a primary is filed in the office of the clerk
of the court, the petition shall forthwith be presented to a judge
thereof, who shall note thereon the date of presentation, and shall note
thereon the day when the petition will be heard,
which shall not be more than 10 days thereafter.
Summons shall forthwith issue to each defendant named in the petition
and shall be served for the same manner as is provided for other civil
cases. Summons may be issued and served in any county in the State. The
case may be heard and determined by the circuit court at any time not
less than 5 days after service of process, and shall have preference in
the order of hearing to all other cases. The petitioner shall give
security for all costs.
Any defendant may file a counterclaim in the same manner as in
other civil cases.
The court shall
ascertain and declare by a judgment to be entered of record, the result
of such election. The judgment of the court shall be
appealable as in other civil cases. A certified copy of the judgment
shall forthwith be made by the clerk of the court and transmitted to the
election authority canvassing the returns for such office, and in case of contest, if
for nomination for an office, tabulated statements of returns for which
are filed with the State Board of Elections, also in the office of the election
authorities having jurisdiction. The proper election authority or authorities, as the case may be, shall correct the returns or the tabulated
statement of returns in accordance with the judgment.
(Source: P.A. 94-647, eff. 1-1-06.)
(10 ILCS 5/7-64) (from Ch. 46, par. 7-64)
Sec. 7-64.
Nothing in this article contained shall be construed to prevent
the nomination of independent candidates by petition, as is now or may
hereafter be provided by this Act or any other law.
(Source: Laws 1943, vol. 2, p. 1.)
(10 ILCS 5/7-65) (from Ch. 46, par. 7-65)
Sec. 7-65.
The invalidity of any portion of this Article 7 shall not affect
the validity of any other portion hereof, which can be given effect without
such invalid part.
(Source: Laws 1943, vol. 2, p. 253.)
(10 ILCS 5/7-66)
Sec. 7-66.
Precinct tabulation optical scan technology voting equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to
Article 24B of this Code, and the provisions of the Article are
in conflict with the provisions of this Article 7, the
provisions of Article 24B shall govern the procedures followed by
the election authority, its judges of elections, and all
employees and agents. In following the provisions of
Article 24B, the election authority is authorized to develop and
implement procedures to fully utilize Precinct Tabulation Optical
Scan Technology voting equipment authorized by the State Board of
Elections as long as the procedure is not in conflict with
either Article 24B or the administrative rules of the State Board
of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/7-67)
Sec. 7-67. Nominations; regional superintendents of schools.
(a) Notwithstanding any provision of law to the contrary, this Section shall apply only to the making of nominations for established party candidates for regional superintendent of schools in the 2014 general primary election.
(b) A candidate's petition for nomination must contain at least 200 signatures or the number of signatures equal to 0.5% of the primary electors of his or her party in the territory comprising the county or counties, whichever is less. For purposes of this subsection, the number of primary electors shall be determined by taking the total votes cast in the applicable district for the candidate for that political party who received the highest number of votes, statewide, at the last general election in the State at which electors for President of the United States were elected.
(c) Petitions for nomination for regional superintendent of schools shall be filed no earlier than December 16, 2013, and no later than December 23, 2013.
(d) Petitions for single-county districts shall be filed with the county election authority. Petitions for multi-county districts shall be filed with the State Board of Elections. Signatures and circulator statements on petitions for nomination filed with the State Board of Elections or county election authority during the filing period for nominations shall not be deemed invalid for the sole reason that the petitions were circulated between 90 and 111 days before the last day for filing petitions.
(e) In the case of a conflict between the provisions of this Section and any other provision of this Code, the provisions of this Section shall control.
(Source: P.A. 98-594, eff. 11-15-13.)
(10 ILCS 5/7-68)
Sec. 7-68. Nominations for special election for Attorney General, Secretary of State, Comptroller, or Treasurer.
(a) Whenever a special election for the office of Attorney General, Secretary of State, Comptroller, or Treasurer is to be held pursuant to Section 25-5 of this Code, nominations shall be made and any vacancy in nomination shall be filled pursuant to this Section.
(b) Any vacancy in nomination occurring on or after the primary and prior to certification must be filled prior to the date of certification. Any vacancy in nomination occurring after certification but prior to 15 days before the general election shall be filled within 8 days after the event creating the vacancy in nomination.
(c) The provisions of Sections 10-8 through 10-10.1 relating to objections to nomination papers, hearings on objections and judicial review, shall also apply to and govern objections to nomination papers and resolutions for filling vacancies in nomination filed pursuant to this Section.
(d) Unless otherwise specified herein, the nomination and special election provided for in this Section shall be governed by this Code.
(Source: P.A. 98-1170, eff. 1-12-15.)
(10 ILCS 5/7-100)
Sec. 7-100. Definition of a vote.
(a) Notwithstanding any law to the contrary, for the purpose of this
Article, a person casts a valid vote on a punch card ballot when:
(b) Write-in votes shall be counted in a manner consistent with the existing
provisions of this Code.
(c) For purposes of this Section, a "chad" is that portion of a ballot card
that a voter punches or perforates with a stylus or other designated marking
device to manifest his or her vote for a particular ballot position on a ballot
card as defined in subsection (a).
(d) Prior to the original counting of any punch card ballots, an election judge may not alter a punch card ballot in any manner, including, but not limited to, the removal or manipulation of chads.
(Source: P.A. 94-645, eff. 8-22-05.)
Structure Illinois Compiled Statutes
Article 1 - General Provisions
Article 1A - State Board Of Elections
Article 2A - Time Of Holding Elections
Article 2B - Conduct Of The 2020 General Election (Repealed)
Article 3 - Qualification Of Voters
Article 4 - Registration Of Electors In Counties Having A Population Of Less Than 500,000
Article 5 - Registration Of Electors In Counties Having A Population Of 500,000 Or More
Article 6 - Registration Of Electors In Certain Cities, Villages And Incorporated Towns
Article 6A - County Board Of Election Commissioners
Article 7 - The Making Of Nominations By Political Parties
Article 7A - Judges' Declaration of Intent to Seek Retention in Office
Article 8 - Nominations of Members of the General Assembly
Article 9 - Disclosure and Regulation of Campaign Contributions and Expenditures
Article 10 - Making of Nominations in Certain Other Cases
Article 11 - Establishment of Election Precincts
Article 12 - Notice of Election
Article 13 - Judges of Election (Outside of Jurisdiction of Boards of Election Commissioners)
Article 14 - Judges (In Municipalities Under Boards Of Election Commissioners)
Article 15 - Ballot Boxes And Poll Books
Article 17 - Conduct of Elections and Making Returns
Article 18A - Provisional Voting
Article 19A - Early Voting by Personal Appearance
Article 20 - Voting by Absent Electors in Military or Naval Service
Article 21 - Electors of President and Vice-President of United States
Article 23 - Contesting Elections
Article 24A - Electronic, Mechanical Or Electric Voting Systems
Article 24C - Direct Recording Electronic Voting Systems
Article 25 - Resignations And Vacancies
Article 28 - Submitting Public Questions
Article 29 - Prohibitions And Penalties
Article 29B - Fair Campaign Practices