Bill Text: IL SB0145 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Election Code. Provides that no candidate for President or Vice-President of the United States shall appear on the official ballot for the general election if that candidate has not released his or her tax returns at least 5 days prior to the date set for certification of the ballot for the general election. Defines "released his or her tax returns" to mean that the tax returns filed with the federal Internal Revenue Service for the 5 most recent years in which tax returns have been filed by the candidates for President and Vice-President of the United States have been filed with the Secretary of State. Requires the Secretary of State to post the tax returns on the Secretary of State's website and to certify that the tax returns have been filed to the State Board of Elections. Allows the Secretary of State to adopt rules to implement the provisions.

Spectrum: Partisan Bill (Democrat 29-0)

Status: (Engrossed) 2019-05-10 - Rule 19(a) / Re-referred to Rules Committee [SB0145 Detail]

Download: Illinois-2019-SB0145-Engrossed.html



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1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5Sections 7-11 and 21-1 as follows:
6 (10 ILCS 5/7-11) (from Ch. 46, par. 7-11)
7 Sec. 7-11. Any candidate for President of the United States
8may have his name printed upon the primary ballot of his
9political party by (1) filing in the office of the State Board
10of Elections not more than 113 and not less than 106 days prior
11to the date of the general primary, in any year in which a
12Presidential election is to be held, a petition signed by not
13less than 3000 or more than 5000 primary electors, members of
14and affiliated with the party of which he is a candidate and
15(2) filing in the office of the Secretary of State a copy of
16the candidate's income tax returns for the 5 previous years,
17and no candidate for President of the United States, who fails
18to comply with the provisions of this Article shall have his
19name printed upon any primary ballot: Provided, however, that
20if the rules or policies of a national political party conflict
21with such requirements for filing petitions for President of
22the United States in a presidential preference primary, the
23Chair of the State central committee of such national political

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1party shall notify the State Board of Elections in writing,
2citing by reference the rules or policies of the national
3political party in conflict, and in such case the Board shall
4direct such petitions to be filed in accordance with the
5delegate selection plan adopted by the state central committee
6of such national political party. Provided, further, unless
7rules or policies of a national political party otherwise
8provide, the vote for President of the United States, as herein
9provided for, shall be for the sole purpose of securing an
10expression of the sentiment and will of the party voters with
11respect to candidates for nomination for said office, and the
12vote of the state at large shall be taken and considered as
13advisory to the delegates and alternates at large to the
14national conventions of respective political parties; and the
15vote of the respective congressional districts shall be taken
16and considered as advisory to the delegates and alternates of
17said congressional districts to the national conventions of the
18respective political parties.
19(Source: P.A. 100-1027, eff. 1-1-19.)
20 (10 ILCS 5/21-1) (from Ch. 46, par. 21-1)
21 Sec. 21-1. Choosing and election of electors of President
22and Vice-President of the United States shall be in the
23following manner:
24 (a) In each year in which a President and Vice-President of
25the United States are chosen, each political party or group in

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1this State shall choose by its State Convention or State
2central committee electors of President and Vice-President of
3the United States and such State Convention or State central
4committee of such party or group shall also choose electors at
5large, if any are to be appointed for this State and such State
6Convention or State central committee of such party or group
7shall by its chair and secretary certify the total list of such
8electors together with electors at large so chosen to the State
9Board of Elections.
10 The filing of such certificate with the Board, of such
11choosing of electors shall be deemed and taken to be the
12choosing and selection of the electors of this State, if such
13party or group is successful at the polls as herein provided in
14choosing their candidates for President and Vice-President of
15the United States.
16 (b) The names of the candidates of the several political
17parties or groups for electors of President and Vice-President
18shall not be printed on the official ballot to be voted in the
19election to be held on the day in this Act above named. In lieu
20of the names of the candidates for such electors of President
21and Vice-President, immediately under the appellation of party
22name of a party or group in the column of its candidates on the
23official ballot, to be voted at said election first above named
24in subsection (1) of Section 2A-1.2 and Section 2A-2, there
25shall be printed within a bracket the name of the candidate for
26President and the name of the candidate for Vice-President of

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1such party or group with a square to the left of such bracket.
2Each voter in this State from the several lists or sets of
3electors so chosen and selected by the said respective
4political parties or groups, may choose and elect one of such
5lists or sets of electors by placing a cross in the square to
6the left of the bracket aforesaid of one of such parties or
7groups. Placing a cross within the square before the bracket
8enclosing the names of President and Vice-President shall not
9be deemed and taken as a direct vote for such candidates for
10President and Vice-President, or either of them, but shall only
11be deemed and taken to be a vote for the entire list or set of
12electors chosen by that political party or group so certified
13to the State Board of Elections as herein provided. Voting by
14means of placing a cross in the appropriate place preceding the
15appellation or title of the particular political party or
16group, shall not be deemed or taken as a direct vote for the
17candidates for President and Vice-President, or either of them,
18but instead to the Presidential vote, as a vote for the entire
19list or set of electors chosen by that political party or group
20so certified to the State Board of Elections as herein
21provided.
22 (b-5) Notwithstanding the provisions of subsection (b) of
23this Section, no candidate for President or Vice President of
24the United States shall appear on the official ballot for the
25general election if that candidate has not released his or her
26income tax returns for the 5 tax years immediately preceding

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1the year of the general election. The Secretary of State shall
2certify to the State Board that the income tax returns have
3been filed in accordance with this subsection (b-5) and shall
4post the income tax returns on the Secretary of State's
5website. The Secretary of State shall redact the social
6security number, address, and telephone number of any
7individual in an income tax return submitted under this
8subsection (b-5). The Secretary of State may adopt rules for
9the implementation of this subsection (b-5).
10 If a candidate for President or Vice President has not
11filed his or her income tax return with the Internal Revenue
12Service for the tax year immediately preceding the year of the
13general election by the time electors have been chosen under
14subsection (a), then the candidate must submit his or her
15income tax return to the Secretary of State within 5 days after
16he or she files the income tax return with the Internal Revenue
17Service.
18 As used in this subsection (b-5), "income tax return" means
19a tax or information return, declaration of estimated tax, or
20claim for refund required by, or provided for or permitted
21under, the Internal Revenue Code and that is filed on behalf of
22or with respect to any person, and any amendment or supplement
23thereto, including supporting schedules, attachments, or lists
24that are supplemental to, or part of, the return so filed.
25 As used in this subsection (b-5), "released his or her
26income tax returns" means that the income tax returns for the 5

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1tax years immediately preceding the year of the general
2election are filed by the candidates for President and Vice
3President of the United States with the Secretary of State
4before the filing deadline for the office. The candidates shall
5file the income tax returns when filing a statement of economic
6interests.
7 (c) Such certification by the respective political parties
8or groups in this State of electors of President and
9Vice-President shall be made to the State Board of Elections
10within 2 days after such State convention or meeting of the
11State central committee in which the electors were chosen.
12 (d) Should more than one certificate of choice and
13selection of electors of the same political party or group be
14filed by contesting conventions or contesting groups, it shall
15be the duty of the State Board of Elections within 10 days
16after the adjournment of the last of such conventions to meet
17and determine which set of nominees for electors of such party
18or group was chosen and selected by the authorized convention
19of such party or group. The Board, after notice to the chair
20and secretaries or managers of the conventions or groups and
21after a hearing shall determine which set of electors was so
22chosen by the authorized convention and shall so announce and
23publish the fact, and such decision shall be final and the set
24of electors so determined upon by the electoral board to be so
25chosen shall be the list or set of electors to be deemed
26elected if that party shall be successful at the polls, as

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1herein provided.
2 (e) Should a vacancy occur in the choice of an elector in a
3congressional district, such vacancy may be filled by the
4executive committee of the party or group for such
5congressional district, to be certified by such committee to
6the State Board of Elections. Should a vacancy occur in the
7office of elector at large, such vacancy shall be filled by the
8State committee of such political party or group, and certified
9by it to the State Board of Elections.
10(Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19.)
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