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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4790

Introduced , by Rep. Lindsey LaPointe

SYNOPSIS AS INTRODUCED:

10 ILCS 5/7-12

from Ch. 46, par. 7-12
10 ILCS 5/7-12.5 new
10 ILCS 5/10-8

from Ch. 46, par. 10-8

Provides that the amendatory Act may be referred to as the Voter
Choice and Fair Access Act. Amends the Election Code. Provides that, if a
candidate who is the current holder of the elective office for which
nomination papers have been filed withdraws his or her candidacy anytime
up until 10 business days before the ballot is finalized, the State Board
of Elections or the appropriate election authority shall reopen the filing
period for that office. Sets forth additional requirements for the filing
of petitions for nomination by incumbent office holders. Makes other
changes.
LRB104 20061 SPS 33512 b

A BILL FOR

HB4790
LRB104 20061 SPS 33512 b
1

AN ACT concerning elections.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be referred to as the
5
Voter Choice and Fair Access Act.

6

Section 5.
The Election Code is amended by changing
7
Sections 7-12 and 10-8 and by adding Section 7-12.5 as
8
follows:

9

(10 ILCS 5/7-12)

(from Ch. 46, par. 7-12)
10

Sec. 7-12.
All petitions for nomination shall be filed by
11
mail or in person as follows:
12

(1) Except as otherwise provided in this Code, where
13

the nomination is to be made for a State, congressional,
14

or judicial office, or for any office a nomination for
15

which is made for a territorial division or district which
16

comprises more than one county or is partly in one county
17

and partly in another county or counties (including the
18

Fox Metro Water Reclamation District), then, except as
19

otherwise provided in this Section, such petition for
20

nomination shall be filed in the principal office of the
21

State Board of Elections not more than 141 and not less
22

than 134 days prior to the date of the primary, but, in the

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1

case of petitions for nomination to fill a vacancy by
2

special election in the office of representative in
3

Congress from this State, such petition for nomination
4

shall be filed in the principal office of the State Board
5

of Elections not more than 85 days and not less than 82
6

days prior to the date of the primary.
7

Where a vacancy occurs in the office of Supreme,
8

Appellate or Circuit Court Judge within the 3-week period
9

preceding the 134th day before a general primary election,
10

petitions for nomination for the office in which the
11

vacancy has occurred shall be filed in the principal
12

office of the State Board of Elections not more than 120
13

nor less than 113 days prior to the date of the general
14

primary election.
15

Where the nomination is to be made for delegates or
16

alternate delegates to a national nominating convention,
17

then such petition for nomination shall be filed in the
18

principal office of the State Board of Elections not more
19

than 141 and not less than 134 days prior to the date of
20

the primary; provided, however, that if the rules or
21

policies of a national political party conflict with such
22

requirements for filing petitions for nomination for
23

delegates or alternate delegates to a national nominating
24

convention, the chair of the State central committee of
25

such national political party shall notify the Board in
26

writing, citing by reference the rules or policies of the

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1

national political party in conflict, and in such case the
2

Board shall direct such petitions to be filed in
3

accordance with the delegate selection plan adopted by the
4

state central committee of such national political party.
5

(1.1) Where the nomination is to be made for a State,
6

congressional, or judicial office, or for any office a
7

nomination for which is made for a territorial division or
8

district which comprises more than one county or is partly
9

in one county and partly in another county or counties
10

(including the Fox Metro Water Reclamation District), and
11

a candidate is the current holder of the elective office
12

for which nomination papers are to be filed, then, except
13

as otherwise provided in this Section, such petition for
14

nomination shall be filed in the principal office of the
15

State Board of Elections not more than 148 and not less
16

than 141 days prior to the date of the primary.

17

(2)
Except as otherwise provided in paragraph (2.1),
18

where

Where
the nomination is to be made for a county
19

office or trustee of a sanitary district then such
20

petition shall be filed in the office of the county clerk
21

not more than 141 nor less than 134 days prior to the date
22

of the primary.
23

(2.1) Where the nomination is to be made for a county
24

office or trustee of a sanitary district and a candidate
25

is the current holder of the elective office for which
26

nomination papers are to be filed, then such petition

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1

shall be filed in the office of the county clerk not more
2

than 148 nor less than 141 days prior to the date of the
3

primary.

4

(3)
Except as otherwise provided in paragraph (3.1),
5

where

Where
the nomination is to be made for a municipal or
6

township office, such petitions for nomination shall be
7

filed in the office of the local election official, not
8

more than 127 nor less than 120 days prior to the date of
9

the primary; provided, where a municipality's or
10

township's boundaries are coextensive with or are entirely
11

within the jurisdiction of a municipal board of election
12

commissioners, the petitions shall be filed in the office
13

of such board; and provided, that petitions for the office
14

of multi-township assessor shall be filed with the
15

election authority.
16

(3.1) Where the nomination is to be made for a
17

municipal or township office and a candidate is the
18

current holder of the elective office for which nomination
19

papers are to be filed, such petitions for nomination
20

shall be filed in the office of the local election
21

official, not more than 134 nor less than 127 days prior to
22

the date of the primary; provided, where a municipality's
23

or township's boundaries are coextensive with or are
24

entirely within the jurisdiction of a municipal board of
25

election commissioners, the petitions shall be filed in
26

the office of such board; and provided, that petitions for

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the office of multi-township assessor shall be filed with
2

the election authority.

3

(4)
Except as otherwise provided in paragraph (4.1),
4

the

The
petitions of candidates for State central
5

committeeperson shall be filed in the principal office of
6

the State Board of Elections not more than 141 nor less
7

than 134 days prior to the date of the primary.
8

(4.1) Where a candidate is the current central
9

committeeperson for which nomination papers are to be
10

filed, the petitions of candidates for State central
11

committeeperson shall be filed in the principal office of
12

the State Board of Elections not more than 148 nor less
13

than 141 days prior to the date of the primary.

14

(5)
Except as otherwise provided in paragraph (5.1),
15

petitions

Petitions
of candidates for precinct, township
16

or ward committeepersons shall be filed in the office of
17

the county clerk not more than 141 nor less than 134 days
18

prior to the date of the primary.
19

(5.1) Where a candidate is the current committeeperson
20

for which nomination papers are to be filed, petitions of
21

candidates for precinct, township or ward committeepersons
22

shall be filed in the office of the county clerk not more
23

than 148 nor less than 141 days prior to the date of the
24

primary.

25

(6) The State Board of Elections and the various
26

election authorities and local election officials with

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whom such petitions for nominations are filed shall
2

specify the place where filings shall be made and upon
3

receipt shall endorse thereon the day and hour on which
4

each petition was filed. All petitions filed by persons
5

waiting in line as of 8:00 a.m. on the first day for
6

filing, or as of the normal opening hour of the office
7

involved on such day, shall be deemed filed as of 8:00 a.m.
8

or the normal opening hour, as the case may be. Petitions
9

filed by mail and received after midnight of the first day
10

for filing and in the first mail delivery or pickup of that
11

day shall be deemed as filed as of 8:00 a.m. of that day or
12

as of the normal opening hour of such day, as the case may
13

be. All petitions received thereafter shall be deemed as
14

filed in the order of actual receipt. However, 2 or more
15

petitions filed within the last hour of the filing
16

deadline shall be deemed filed simultaneously. Where 2 or
17

more petitions are received simultaneously, the State
18

Board of Elections or the various election authorities or
19

local election officials with whom such petitions are
20

filed shall break ties and determine the order of filing,
21

by means of a lottery or other fair and impartial method of
22

random selection approved by the State Board of Elections.
23

Such lottery shall be conducted within 9 days following
24

the last day for petition filing and shall be open to the
25

public. Seven days written notice of the time and place of
26

conducting such random selection shall be given by the

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State Board of Elections to the chair of the State central
2

committee of each established political party, and by each
3

election authority or local election official, to the
4

County Chair of each established political party, and to
5

each organization of citizens within the election
6

jurisdiction which was entitled, under this Article, at
7

the next preceding election, to have pollwatchers present
8

on the day of election. The State Board of Elections,
9

election authority or local election official shall post
10

in a conspicuous, open and public place, at the entrance
11

of the office, notice of the time and place of such
12

lottery. The State Board of Elections shall adopt rules
13

and regulations governing the procedures for the conduct
14

of such lottery. All candidates shall be certified in the
15

order in which their petitions have been filed. Where
16

candidates have filed simultaneously, they shall be
17

certified in the order determined by lot and prior to
18

candidates who filed for the same office at a later time.
19

(7) The State Board of Elections or the appropriate
20

election authority or local election official with whom
21

such a petition for nomination is filed shall notify the
22

person for whom a petition for nomination has been filed
23

of the obligation to file statements of organization,
24

reports of campaign contributions, and quarterly reports
25

of campaign contributions and expenditures under Article 9
26

of this Code. Such notice shall be given in the manner

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1

prescribed by paragraph (7) of Section 9-16 of this Code.
2

(8) Nomination papers filed under this Section are not
3

valid if the candidate named therein fails to file a
4

statement of economic interests as required by the
5

Illinois Governmental Ethics Act in relation to his
6

candidacy with the appropriate officer by the end of the
7

period for the filing of nomination papers unless he has
8

filed a statement of economic interests in relation to the
9

same governmental unit with that officer within a year
10

preceding the date on which such nomination papers were
11

filed. If the nomination papers of any candidate and the
12

statement of economic interests of that candidate are not
13

required to be filed with the same officer, the candidate
14

must file with the officer with whom the nomination papers
15

are filed a receipt from the officer with whom the
16

statement of economic interests is filed showing the date
17

on which such statement was filed. Such receipt shall be
18

so filed not later than the last day on which nomination
19

papers may be filed.
20

(9) Except as otherwise provided in this Code, any
21

person for whom a petition for nomination, or for
22

committeeperson or for delegate or alternate delegate to a
23

national nominating convention has been filed may cause
24

his name to be withdrawn by request in writing, signed by
25

him and duly acknowledged before an officer qualified to
26

take acknowledgments of deeds, and filed in the principal

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1

or permanent branch office of the State Board of Elections
2

or with the appropriate election authority or local
3

election official, not later than the date of
4

certification of candidates for the consolidated primary
5

or general primary ballot. No names so withdrawn shall be
6

certified or printed on the primary ballot. If petitions
7

for nomination have been filed for the same person with
8

respect to more than one political party, his name shall
9

not be certified nor printed on the primary ballot of any
10

party. If petitions for nomination have been filed for the
11

same person for 2 or more offices which are incompatible
12

so that the same person could not serve in more than one of
13

such offices if elected, that person must withdraw as a
14

candidate for all but one of such offices within the 5
15

business days following the last day for petition filing.
16

A candidate in a judicial election may file petitions for
17

nomination for only one vacancy in a subcircuit and only
18

one vacancy in a circuit in any one filing period, and if
19

petitions for nomination have been filed for the same
20

person for 2 or more vacancies in the same circuit or
21

subcircuit in the same filing period, his or her name
22

shall be certified only for the first vacancy for which
23

the petitions for nomination were filed. If he fails to
24

withdraw as a candidate for all but one of such offices
25

within such time his name shall not be certified, nor
26

printed on the primary ballot, for any office. For the

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LRB104 20061 SPS 33512 b
1

purpose of the foregoing provisions, an office in a
2

political party is not incompatible with any other office.
3

(10)(a) Notwithstanding the provisions of any other
4

statute, no primary shall be held for an established
5

political party in any township, municipality, or ward
6

thereof, where the nomination of such party for every
7

office to be voted upon by the electors of such township,
8

municipality, or ward thereof, is uncontested. Whenever a
9

political party's nomination of candidates is uncontested
10

as to one or more, but not all, of the offices to be voted
11

upon by the electors of a township, municipality, or ward
12

thereof, then a primary shall be held for that party in
13

such township, municipality, or ward thereof; provided
14

that the primary ballot shall not include those offices
15

within such township, municipality, or ward thereof, for
16

which the nomination is uncontested. For purposes of this
17

Article, the nomination of an established political party
18

of a candidate for election to an office shall be deemed to
19

be uncontested where not more than the number of persons
20

to be nominated have timely filed valid nomination papers
21

seeking the nomination of such party for election to such
22

office.
23

(b) Notwithstanding the provisions of any other
24

statute, no primary election shall be held for an
25

established political party for any special primary
26

election called for the purpose of filling a vacancy in

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the office of representative in the United States Congress
2

where the nomination of such political party for said
3

office is uncontested. For the purposes of this Article,
4

the nomination of an established political party of a
5

candidate for election to said office shall be deemed to
6

be uncontested where not more than the number of persons
7

to be nominated have timely filed valid nomination papers
8

seeking the nomination of such established party for
9

election to said office. This subsection (b) shall not
10

apply if such primary election is conducted on a regularly
11

scheduled election day.
12

(c) Notwithstanding the provisions in subparagraph (a)
13

and (b) of this paragraph (10), whenever a person who has
14

not timely filed valid nomination papers and who intends
15

to become a write-in candidate for a political party's
16

nomination for any office for which the nomination is
17

uncontested files a written statement or notice of that
18

intent with the local election official where the
19

candidate is seeking to appear on the ballot, a primary
20

ballot shall be prepared and a primary shall be held for
21

that office. Such statement or notice shall be filed on or
22

before the date established in this Article for certifying
23

candidates for the primary ballot. Such statement or
24

notice shall contain (i) the name and address of the
25

person intending to become a write-in candidate, (ii) a
26

statement that the person is a qualified primary elector

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1

of the political party from whom the nomination is sought,
2

(iii) a statement that the person intends to become a
3

write-in candidate for the party's nomination, and (iv)
4

the office the person is seeking as a write-in candidate.
5

An election authority shall have no duty to conduct a
6

primary and prepare a primary ballot for any office for
7

which the nomination is uncontested unless a statement or
8

notice meeting the requirements of this Section is filed
9

in a timely manner.
10

(11) If multiple sets of nomination papers are filed
11

for a candidate to the same office, the State Board of
12

Elections, appropriate election authority or local
13

election official where the petitions are filed shall
14

within 2 business days notify the candidate of his or her
15

multiple petition filings and that the candidate has 3
16

business days after receipt of the notice to notify the
17

State Board of Elections, appropriate election authority
18

or local election official that he or she may cancel prior
19

sets of petitions. If the candidate notifies the State
20

Board of Elections, appropriate election authority or
21

local election official, the last set of petitions filed
22

shall be the only petitions to be considered valid by the
23

State Board of Elections, election authority or local
24

election official. If the candidate fails to notify the
25

State Board of Elections, election authority or local
26

election official then only the first set of petitions

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1

filed shall be valid and all subsequent petitions shall be
2

void.
3

(12) All nominating petitions shall be available for
4

public inspection and shall be preserved for a period of
5

not less than 6 months.
6
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21;
7
103-586, eff. 5-3-24; 103-600, eff. 7-1-24.)

8

(10 ILCS 5/7-12.5 new)
9

Sec. 7-12.5.
Reopened filing period following withdrawal
10
by an incumbent.
11

(a) Notwithstanding any other provision of this Code, if a
12
candidate who is the current holder of the elective office for
13
which nomination papers have been filed withdraws his or her
14
candidacy anytime up until 10 business days before the ballot
15
is finalized, the State Board of Elections or the appropriate
16
election authority shall reopen the filing period for that
17
office.
18

(b) The reopened filing period shall begin no later than 5
19
business days after the withdrawal is certified and shall
20
remain open for 10 business days. During the reopened filing
21
period, any qualified person eligible for the office may file
22
nomination papers. Nomination papers filed during the reopened
23
filing period shall be subject to the same requirements,
24
objections, and certification procedures as nomination papers
25
filed during the original filing period.

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1

(c) This Section applies only to withdrawals by a
2
candidate who is the incumbent officeholder at the time of
3
withdrawal. The reopened filing period shall apply regardless
4
of whether any candidates for the office remain on the ballot
5
at the time of withdrawal.

6

(10 ILCS 5/10-8)

(from Ch. 46, par. 10-8)
7

Sec. 10-8.
Except as otherwise provided in this Code,
8
certificates of nomination and nomination papers, and
9
petitions to submit public questions to a referendum, being
10
filed as required by this Code, and being in apparent
11
conformity with the provisions of this
Code

Act
, shall be
12
deemed to be valid unless objection thereto is duly made in
13
writing within 5 business days after the last day for filing
14
the certificate of nomination or nomination papers or petition
15
for a public question, with the following exceptions:
16

A. In the case of petitions to amend Article IV of the
17

Constitution of the State of Illinois, there shall be a
18

period of 35 business days after the last day for the
19

filing of such petitions in which objections can be filed.
20

B. In the case of petitions for advisory questions of
21

public policy to be submitted to the voters of the entire
22

State, there shall be a period of 35 business days after
23

the last day for the filing of such petitions in which
24

objections can be filed.
25

Any legal voter of the political subdivision or district

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1
in which the candidate or public question is to be voted on, or
2
any legal voter in the State in the case of a proposed
3
amendment to Article IV of the Constitution or an advisory
4
public question to be submitted to the voters of the entire
5
State, having objections to any certificate of nomination or
6
nomination papers or petitions filed, shall file an objector's
7
petition together with 2 copies thereof in the principal
8
office or the permanent branch office of the State Board of
9
Elections, or in the office of the election authority or local
10
election official with whom the certificate of nomination,
11
nomination papers or petitions are on file. Objection
12
petitions that do not include 2 copies thereof, shall not be
13
accepted. In the case of nomination papers or certificates of
14
nomination, the State Board of Elections, election authority
15
or local election official shall note the day and hour upon
16
which such objector's petition is filed, and shall, not later
17
than 12:00
p.m.

noon
on the second business day after receipt
18
of the petition, transmit by registered mail or receipted
19
personal delivery the certificate of nomination or nomination
20
papers and the original objector's petition to the chair of
21
the proper electoral board designated in Section 10-9
of this
22
Code

hereof
, or his authorized agent, and shall transmit a
23
copy by registered mail or receipted personal delivery of the
24
objector's petition, to the candidate whose certificate of
25
nomination or nomination papers are objected to, addressed to
26
the place of residence designated in said certificate of

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LRB104 20061 SPS 33512 b
1
nomination or nomination papers. In the case of objections to
2
a petition for a proposed amendment to Article IV of the
3
Constitution or for an advisory public question to be
4
submitted to the voters of the entire State, the State Board of
5
Elections shall note the day and hour upon which such
6
objector's petition is filed and shall transmit a copy of the
7
objector's petition by registered mail or receipted personal
8
delivery to the person designated on a certificate attached to
9
the petition as the principal proponent of such proposed
10
amendment or public question, or as the proponents' attorney,
11
for the purpose of receiving notice of objections. In the case
12
of objections to a petition for a public question, to be
13
submitted to the voters of a political subdivision, or
14
district thereof, the election authority or local election
15
official with whom such petition is filed shall note the day
16
and hour upon which such objector's petition was filed, and
17
shall, not later than 12:00
p.m.

noon
on the second business
18
day after receipt of the petition, transmit by registered mail
19
or receipted personal delivery the petition for the public
20
question and the original objector's petition to the chair of
21
the proper electoral board designated in Section 10-9
of this
22
Code

hereof
, or his authorized agent, and shall transmit a
23
copy by registered mail or receipted personal delivery, of the
24
objector's petition to the person designated on a certificate
25
attached to the petition as the principal proponent of the
26
public question, or as the proponent's attorney, for the

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LRB104 20061 SPS 33512 b
1
purposes of receiving notice of objections.
2

The objector's petition shall give the objector's name and
3
residence address, and shall state fully the nature of the
4
objections to the certificate of nomination or nomination
5
papers or petitions in question, and shall state the interest
6
of the objector and shall state what relief is requested of the
7
electoral board.
8

The provisions of this Section and of Sections 10-9,
9
10-10
,
and 10-10.1 shall also apply to and govern objections
10
to petitions for nomination filed under Article 7 or Article
11
8, except as otherwise provided in Section 7-13 for cases to
12
which it is applicable, and also apply to and govern petitions
13
for the submission of public questions under Article 28.
14

For the purposes of this Section, a vacancy includes a
15
withdrawal described in Section 7-12.5.

16
(Source: P.A. 102-15, eff. 6-17-21; revised 6-24-25.)

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