Bill Text: IL SB3210 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code. Provides that when a person who intends to be a write-in candidate for an uncontested nonpartisan office has not timely filed nomination papers but has filed a written statement or notice of his or her intent, no primary ballot shall be printed (rather than requiring a primary ballot to be prepared and a primary election held if the write-in candidate is the fifth candidate filed). Provides that where no primary is held, a person intending to become a write-in candidate shall re-file a declaration of intent to be a write-in candidate for the general election with the appropriate election authority or authorities. Removes language: concerning requirements for the written statement or notice; and providing that an election authority has no duty to conduct a primary and prepare a ballot for an uncontested office, unless the written statement or notice is filed in a timely manner.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3210 Detail]

Download: Illinois-2019-SB3210-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3210 Introduced 2/10/2020, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
65 ILCS 5/3.1-20-45
Amends the Illinois Municipal Code. Provides that when a person who intends to be a write-in candidate for an uncontested nonpartisan office has not timely filed nomination papers but has filed a written statement or notice of his or her intent, no primary ballot shall be printed (rather than requiring a primary ballot to be prepared and a primary election held if the write-in candidate is the fifth candidate filed). Provides that where no primary is held, a person intending to become a write-in candidate shall re-file a declaration of intent to be a write-in candidate for the general election with the appropriate election authority or authorities. Removes language: concerning requirements for the written statement or notice; and providing that an election authority has no duty to conduct a primary and prepare a ballot for a uncontested office, unless the written statement or notice is filed in a timely manner.
LRB101 18029 AWJ 67467 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB3210 LRB101 18029 AWJ 67467 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 3.1-20-45 as follows:
(65 ILCS 5/3.1-20-45)
Sec. 3.1-20-45. Nonpartisan primary elections; uncontested
office. A city incorporated under this Code that elects
municipal officers at nonpartisan primary and general
elections shall conduct the elections as provided in the
Election Code, except that no office for which nomination is
uncontested shall be included on the primary ballot and no
primary shall be held for that office. For the purposes of this
Section, an office is uncontested when not more than 4 persons
to be nominated for each office have timely filed valid
nominating papers seeking nomination for the election to that
office.
Notwithstanding any other provision of law the preceding
paragraph, when a person (i) who has not timely filed valid
nomination papers and (ii) who intends to become a write-in
candidate for nomination for any office for which nomination is
uncontested files a written statement or notice of that intent
with the proper election official with whom the nomination

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papers for that office are filed, no primary ballot shall be
printed. Where no primary is held, a person intending to become
a write-in candidate at the general primary election shall
re-file a declaration of intent to be a write-in candidate for
the general election with the appropriate election authority or
authorities if the write-in candidate becomes the fifth
candidate filed, a primary ballot must be prepared and a
primary must be held for the office. The statement or notice
must be filed on or before the 61st day before the consolidated
primary election. The statement must contain (i) the name and
address of the person intending to become a write-in candidate,
(ii) a statement that the person intends to become a write-in
candidate, and (iii) the office the person is seeking as a
write-in candidate. An election authority has no duty to
conduct a primary election or prepare a primary ballot unless a
statement meeting the requirements of this paragraph is filed
in a timely manner.
If there is a primary election, then candidates shall be
placed on the ballot for the next succeeding general municipal
election in the following manner:
(1) If one officer is to be elected, then the 2
candidates who receive the highest number of votes shall be
placed on the ballot for the next succeeding general
municipal election.
(2) If 2 aldermen are to be elected at large, then the
4 candidates who receive the highest number of votes shall

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be placed on the ballot for the next succeeding general
municipal election.
(3) If 3 aldermen are to be elected at large, then the
6 candidates who receive the highest number of votes shall
be placed on the ballot for the next succeeding general
municipal election.
The name of a write-in candidate may not be placed on the
ballot for the next succeeding general municipal election
unless he or she receives a number of votes in the primary
election that equals or exceeds the number of signatures
required on a petition for nomination for that office or that
exceeds the number of votes received by at least one of the
candidates whose names were printed on the primary ballot for
nomination for or election to the same office.
(Source: P.A. 97-81, eff. 7-5-11.)