HB2855 97TH GENERAL ASSEMBLY

LRB097 06722 HLH 46809 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2855

Introduced 2/22/2011, by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

10 ILCS 5/17-16.1

from Ch. 46, par. 17-16.1

Amends the Election Code. Provides that notarized declarations of intent shall include a sworn statement affirming the person filing the declaration is, at the time of filing, eligible to hold the office being sought. Sets forth the requirements on filing an objection to a declaration of intent. Effective immediately.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Section 17-16.1 as follows:

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

Sec. 17-16.1. Write-in votes shall be counted only for persons who have filed notarized declarations of intent to be write-in candidates with the proper election authority or authorities not later than 61 days prior to the election. However, whenever an objection to a candidate's nominating papers or petitions for any office is sustained under Section 10-10 after the 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 election as a write-in candidate.

Notarized declarations of intent shall include a sworn statement affirming the person filing the declaration is, at the time of filing, eligible to hold the office being sought. An objection may be filed on a declaration of intent filed not later than 61 days prior to the election.

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 election.

A candidate for whom a nomination paper has been filed as a partisan candidate at a primary election, and who is defeated for his or her nomination at the primary election is ineligible to file a declaration of intent to be a write-in candidate for election in that general or consolidated election.

A candidate seeking election to an office for which candidates of political parties are nominated by caucus who is a participant in the caucus and who is defeated for his or her nomination at such caucus is ineligible to file a declaration of intent to be a write-in candidate for election in that general or consolidated election.

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

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

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

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