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Full Text of SB3811
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SB3811 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3811
Introduced 2/6/2026, by Sen. Sally J. Turner
SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-61
from Ch. 46, par. 7-61
10 ILCS 5/10-3
from Ch. 46, par. 10-3
10 ILCS 5/17-16.1
from Ch. 46, par. 17-16.1
60 ILCS 1/45-50
Amends the Election Code. Provides that 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 has participated in the
caucus of another established political party or a new political party or
who has signed a petition of another established political party, a new
political party, or an independent candidate is ineligible to be listed on
the ballot at that general or consolidated election as a candidate of the
political party holding the caucus. Makes conforming changes. Amends the
Township Code. Provides that a person shall not be able to participate or
vote at any township or multi-township caucus if the person participated
in the caucus of another established political party or a new political
party or signed a petition for a candidate of another established
political party, a new political party, or an independent candidate at
anytime during the 12 months before the caucus.
LRB104 19633 SPS 33082 b
A BILL FOR
SB3811
LRB104 19633 SPS 33082 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 5.
The Election Code is amended by changing
5
Sections 7-61, 10-3, and 17-16.1 as follows:
6
(10 ILCS 5/7-61)
(from Ch. 46, par. 7-61)
7
Sec. 7-61.
Whenever a special election is necessary, the
8
provisions of this Article are applicable to the nomination of
9
candidates to be voted for at such special election.
10
In cases where a primary election is required, the officer
11
or board or commission whose duty it is under the provisions of
12
this Code relating to general elections to call an election
13
shall fix a date for the primary for the nomination of
14
candidates to be voted for at such special election. Notice of
15
such primary shall be given at least 15 days prior to the
16
maximum time provided for the filing of petitions for such a
17
primary as provided in Section 7-12.
18
Any vacancy in nomination under the provisions of this
19
Article 7 occurring on or after the primary and prior to
20
certification of candidates by the certifying board or officer
21
must be filled prior to the date of certification. Any vacancy
22
in nomination occurring after certification but prior to 15
23
days before the general election shall be filled within 8 days
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1
after the event creating the vacancy. The resolution filling
2
the vacancy shall be sent by U. S. mail or personal delivery to
3
the certifying officer or board within 3 days of the action by
4
which the vacancy was filled; provided, if such resolution is
5
sent by mail and the U. S. postmark on the envelope containing
6
such resolution is dated prior to the expiration of such 3-day
7
limit, the resolution shall be deemed filed within such 3-day
8
limit. Failure to so transmit the resolution within the time
9
specified in this Section shall authorize the certifying
10
officer or board to certify the original candidate. Vacancies
11
shall be filled by the officers of a local municipal or
12
township political party as specified in subsection (h) of
13
Section 7-8, other than a statewide political party, that is
14
established only within a municipality or township and the
15
managing committee (or legislative committee in case of a
16
candidate for State Senator or representative committee in the
17
case of a candidate for State Representative in the General
18
Assembly or State central committee in the case of a candidate
19
for statewide office, including, but not limited to, the
20
office of United States Senator) of the respective political
21
party for the territorial area in which such vacancy occurs.
22
The resolution to fill a vacancy in nomination shall be
23
duly acknowledged before an officer qualified to take
24
acknowledgments of deeds and shall include, upon its face, the
25
following information:
26
(a) the name of the original nominee and the office
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LRB104 19633 SPS 33082 b
1
vacated;
2
(b) the date on which the vacancy occurred;
3
(c) the name and address of the nominee selected to
4
fill the vacancy and the date of selection.
5
The resolution to fill a vacancy in nomination shall be
6
accompanied by a Statement of Candidacy, as prescribed in
7
Section 7-10, completed by the selected nominee and a receipt
8
indicating that such nominee has filed a statement of economic
9
interests as required by the Illinois Governmental Ethics Act.
10
The provisions of Section 10-8 through 10-10.1 relating to
11
objections to certificates of nomination and nomination
12
papers, hearings on objections, and judicial review, shall
13
apply to and govern objections to resolutions for filling a
14
vacancy in nomination.
15
Any vacancy in nomination occurring 15 days or less before
16
the consolidated election or the general election shall not be
17
filled. In this event, the certification of the original
18
candidate shall stand and his name shall appear on the
19
official ballot to be voted at the general election.
20
A vacancy in nomination occurs when a candidate who has
21
been nominated under the provisions of this Article 7 dies
22
before the election (whether death occurs prior to, on or
23
after the day of the primary), or declines the nomination;
24
provided that nominations may become vacant for other reasons.
25
If the name of no established political party candidate
26
was printed on the consolidated primary ballot for a
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1
particular office and if no person was nominated as a write-in
2
candidate for such office, a vacancy in nomination shall be
3
created which may be filled in accordance with the
4
requirements of this Section. Except as otherwise provided in
5
this Code, if the name of no established political party
6
candidate was printed on the general primary ballot for an
7
office nominated under this Article and if no person was
8
nominated as a write-in candidate for such office, a vacancy
9
in nomination shall be filled only by a person designated by
10
the appropriate committee of the political party and only if
11
that designated person files nominating petitions with the
12
number of signatures required for an established party
13
candidate for that office within 75 days after the day of the
14
general primary. The circulation period for those petitions
15
begins on the day the appropriate committee designates that
16
person. The person shall file his or her nominating petitions,
17
statements of candidacy, notice of appointment by the
18
appropriate committee, and receipt of filing his or her
19
statement of economic interests together. These documents
20
shall be filed at the same location as provided in Section
21
7-12. The electoral boards having jurisdiction under Section
22
10-9 to hear and pass upon objections to nominating petitions
23
also shall hear and pass upon objections to nomination
24
petitions filed by candidates under this paragraph.
25
A candidate for whom a nomination paper has been filed as a
26
partisan candidate at a primary election, and who is defeated
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1
for his or her nomination at such primary election, is
2
ineligible to be listed on the ballot at that general or
3
consolidated election as a candidate of another political
4
party.
5
A candidate seeking election to an office for which
6
candidates of political parties are nominated by caucus who is
7
a participant in the caucus and who is defeated for his or her
8
nomination at such caucus is ineligible to be listed on the
9
ballot at that general or consolidated election as a candidate
10
of another political party.
11
A candidate seeking election to an office for which
12
candidates of political parties are nominated by caucus who is
13
a participant in the caucus and who has participated in the
14
caucus of another established political party or a new
15
political party or who has signed a petition of another
16
established political party, a new political party, or an
17
independent candidate is ineligible to be listed on the ballot
18
at that general or consolidated election as a candidate of the
19
political party holding the caucus.
20
In the proceedings to nominate a candidate to fill a
21
vacancy or to fill a vacancy in the nomination, each precinct,
22
township, ward, county, or congressional district, as the case
23
may be, shall, through its representative on such central or
24
managing committee, be entitled to one vote for each ballot
25
voted in such precinct, township, ward, county, or
26
congressional district, as the case may be, by the primary
SB3811
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LRB104 19633 SPS 33082 b
1
electors of its party at the primary election immediately
2
preceding the meeting at which such vacancy is to be filled.
3
For purposes of this Section, the words "certify" and
4
"certification" shall refer to the act of officially declaring
5
the names of candidates entitled to be printed upon the
6
official ballot at an election and directing election
7
authorities to place the names of such candidates upon the
8
official ballot. "Certifying officers or board" shall refer to
9
the local election official, the election authority, or the
10
State Board of Elections, as the case may be, with whom
11
nomination papers, including certificates of nomination and
12
resolutions to fill vacancies in nomination, are filed and
13
whose duty it is to certify candidates.
14
(Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23;
15
103-586, eff. 5-3-24.)
16
(10 ILCS 5/10-3)
(from Ch. 46, par. 10-3)
17
Sec. 10-3.
Nomination of independent candidates (not
18
candidates of any political party), for any office to be
19
filled by the voters of the State at large may also be made by
20
nomination papers signed in the aggregate for each candidate
21
by 1% of the number of voters who voted in the next preceding
22
Statewide general election or 25,000 qualified voters of the
23
State, whichever is less. Nominations of independent
24
candidates for public office within any district or political
25
subdivision less than the State, may be made by nomination
SB3811
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1
papers signed in the aggregate for each candidate by qualified
2
voters of such district, or political subdivision, equaling
3
not less than 5%, nor more than 8% (or 50 more than the
4
minimum, whichever is greater) of the number of persons, who
5
voted at the next preceding regular election in such district
6
or political subdivision in which such district or political
7
subdivision voted as a unit for the election of officers to
8
serve its respective territorial area. However, whenever the
9
minimum signature requirement for an independent candidate
10
petition for a district or political subdivision office shall
11
exceed the minimum number of signatures for an independent
12
candidate petition for an office to be filled by the voters of
13
the State at large at the next preceding State-wide general
14
election, such State-wide petition signature requirement shall
15
be the minimum for an independent candidate petition for such
16
district or political subdivision office. For the first
17
election following a redistricting of congressional districts,
18
nomination papers for an independent candidate for
19
congressperson shall be signed by at least 5,000 qualified
20
voters of the congressional district. For the first election
21
following a redistricting of legislative districts, nomination
22
papers for an independent candidate for State Senator in the
23
General Assembly shall be signed by at least 3,000 qualified
24
voters of the legislative district. For the first election
25
following a redistricting of representative districts,
26
nomination papers for an independent candidate for State
SB3811
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LRB104 19633 SPS 33082 b
1
Representative in the General Assembly shall be signed by at
2
least 1,500 qualified voters of the representative district.
3
For the first election following redistricting of county board
4
districts, or of municipal wards or districts, or for the
5
first election following the initial establishment of such
6
districts or wards in a county or municipality, nomination
7
papers for an independent candidate for county board member,
8
or for alderperson or trustee of such municipality, shall be
9
signed by qualified voters of the district or ward equal to not
10
less than 5% nor more than 8% (or 50 more than the minimum,
11
whichever is greater) of the total number of votes cast at the
12
preceding general or general municipal election, as the case
13
may be, for the county or municipal office voted on throughout
14
such county or municipality for which the greatest total
15
number of votes were cast for all candidates, divided by the
16
number of districts or wards, but in any event not less than 25
17
qualified voters of the district or ward. Each voter signing a
18
nomination paper shall add to his signature his place of
19
residence, and each voter may subscribe to one nomination for
20
such office to be filled, and no more: Provided that the name
21
of any candidate whose name may appear in any other place upon
22
the ballot shall not be so added by petition for the same
23
office.
24
The person circulating the petition, or the candidate on
25
whose behalf the petition is circulated, may strike any
26
signature from the petition, provided that;
SB3811
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LRB104 19633 SPS 33082 b
1
(1) the person striking the signature shall initial
2
the petition at the place where the signature is struck;
3
and
4
(2) the person striking the signature shall sign a
5
certification listing the page number and line number of
6
each signature struck from the petition. Such
7
certification shall be filed as a part of the petition.
8
(3) the persons striking signatures from the petition
9
shall each sign an additional certificate specifying the
10
number of certification pages listing stricken signatures
11
which are attached to the petition and the page numbers
12
indicated on such certifications. The certificate shall be
13
filed as a part of the petition, shall be numbered, and
14
shall be attached immediately following the last page of
15
voters' signatures and before the certifications of
16
stricken signatures.
17
(4) all of the foregoing requirements shall be
18
necessary to effect a valid striking of any signature. The
19
provisions of this Section authorizing the striking of
20
signatures shall not impose any criminal liability on any
21
person so authorized for signatures which may be
22
fraudulent.
23
In the case of the offices of Governor and Lieutenant
24
Governor a joint petition including one candidate for each of
25
those offices must be filed.
26
A candidate for whom a nomination paper has been filed as a
SB3811
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LRB104 19633 SPS 33082 b
1
partisan candidate at a primary election, and who is defeated
2
for his or her nomination at the primary election, is
3
ineligible to be placed on the ballot as an independent
4
candidate for election in that general or consolidated
5
election.
6
A candidate seeking election to an office for which
7
candidates of political parties are nominated by caucus who is
8
a participant in the caucus and who is defeated for his or her
9
nomination at such caucus, is ineligible to be listed on the
10
ballot at that general or consolidated election as an
11
independent candidate.
12
A candidate seeking election to an office as an
13
independent candidate is ineligible to be listed on the ballot
14
at the general or consolidated election if the candidate has
15
participated in the caucus of or signed a petition of an
16
established political party or a new political party for
17
another office during the same election.
18
(Source: P.A. 102-15, eff. 6-17-21.)
19
(10 ILCS 5/17-16.1)
(from Ch. 46, par. 17-16.1)
20
Sec. 17-16.1.
Except as otherwise provided in this Code,
21
write-in votes shall be counted only for persons who have
22
filed notarized declarations of intent to be write-in
23
candidates with the proper election authority or authorities
24
not later than 61 days prior to the election. However,
25
whenever an objection to a candidate's nominating papers or
SB3811
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LRB104 19633 SPS 33082 b
1
petitions for any office is sustained under Section 10-10
2
after the 61st day before the election, then write-in votes
3
shall be counted for that candidate if he or she has filed a
4
notarized declaration of intent to be a write-in candidate for
5
that office with the proper election authority or authorities
6
not later than 7 days prior to the election.
7
Forms for the declaration of intent to be a write-in
8
candidate shall be supplied by the election authorities. Such
9
declaration shall specify the office for which the person
10
seeks election as a write-in candidate.
11
The election authority or authorities shall deliver a list
12
of all persons who have filed such declarations to the
13
election judges in the appropriate precincts prior to the
14
election.
15
A candidate for whom a nomination paper has been filed as a
16
partisan candidate at a primary election, and who is defeated
17
for his or her nomination at the primary election is
18
ineligible to file a declaration of intent to be a write-in
19
candidate for election in that general or consolidated
20
election.
21
A candidate seeking election to an office for which
22
candidates of political parties are nominated by caucus who is
23
a participant in the caucus and who is defeated for his or her
24
nomination at such caucus is ineligible to file a declaration
25
of intent to be a write-in candidate for election in that
26
general or consolidated election.
SB3811
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LRB104 19633 SPS 33082 b
1
A candidate seeking election to an office for which
2
candidates are nominated at a primary election on a
3
nonpartisan basis and who is defeated for his or her
4
nomination at the primary election is ineligible to file a
5
declaration of intent to be a write-in candidate for election
6
in that general or consolidated election.
7
A candidate seeking election to an office for which
8
candidates are nominated at a primary election on a
9
nonpartisan basis and who has participated in the caucus of or
10
who has signed a petition of an established political party or
11
a new political party during the same primary election is
12
ineligible to file a declaration of intent to be a write-in
13
candidate for election in that general or consolidated
14
election.
15
Nothing in this Section shall be construed to apply to
16
votes cast under the provisions of subsection (b) of Section
17
16-5.01.
18
(Source: P.A. 102-15, eff. 6-17-21.)
19
Section 10.
The Township Code is amended by changing
20
Section 45-50 as follows:
21
(60 ILCS 1/45-50)
22
Sec. 45-50.
Caucus procedures.
23
(a) The rules of procedure for conducting a township or
24
multi-township caucus must be approved and may be amended by a
SB3811
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LRB104 19633 SPS 33082 b
1
majority vote of the qualified participants attending the
2
caucus. No participant shall be able to participate or vote at
3
any township or multi-township caucus if the person is or was
4
at anytime during the 12 months before the caucus any of the
5
following:
6
(1) An elected or appointed public official of another
7
established political party.
8
(2) An elected or appointed officer, director,
9
precinct committeeman or representative of the township
10
committeeman of another established political party.
11
(3) A judge of election under Article 13 or 14 of the
12
Election Code for another statewide established political
13
party.
14
(4) A voter who voted in the primary election of
15
another statewide established political party different
16
from the party holding the caucus.
17
(5) A person who has participated in the caucus of
18
another established political party or a new political
19
party or who signed a petition for a candidate of another
20
established political party, a new political party, or an
21
independent candidate.
22
(b) The rules of procedure shall include the following:
23
(1) No caucus shall commence earlier than 6:00 p.m.
24
(2) The caucus shall commence at the place specified
25
in the notice of caucus.
26
(3) Procedures by which qualified caucus participants
SB3811
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LRB104 19633 SPS 33082 b
1
determine by a majority vote the duties of caucus judges
2
of election. Caucus judges of election shall be appointed
3
by a majority vote of the township or multi-township
4
central committee. No judge of the Supreme Court,
5
appellate court, or circuit court or associate judge shall
6
serve as a caucus judge of election.
7
(4) Nominations for selection as a candidate shall be
8
accepted from any qualified participant of the caucus.
9
(5) The method of voting (i.e., written ballot, voice
10
vote, show of hands, standing vote) for determining the
11
candidate or candidates selected for nomination.
12
(6) Whether candidates will be selected as a slate or
13
as individual nominees for each office.
14
(7) Whether written notice of intent to be a caucus
15
nominee is required.
16
(8) Other rules deemed necessary by the central
17
committee at the time the rules are promulgated or by the
18
majority of the qualified caucus participants when the
19
rules are being considered at their meeting.
20
(9) A participant in a caucus shall be entitled to
21
only one vote for each office for which he or she is
22
voting. A participant's vote shall not be weighted to be
23
equal to more than one vote.
24
(c) Individuals participating at an established political
25
party township or multi-township caucus shall comply with each
26
of the following:
SB3811
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LRB104 19633 SPS 33082 b
1
(1) A participant shall be registered under Article 4,
2
5, or 6 of the Election Code.
3
(2) A participant shall be registered within the
4
territory for which the nomination is made.
5
(3) A participant shall sign an affidavit that he or
6
she is a registered voter and affiliated with the
7
established political party holding the caucus.
8
(4) A participant shall not take part in the
9
proceedings of more than one established political party
10
township and multi-township caucus for the same election.
11
This requirement also applies to the township and
12
multi-township clerks.
13
(5) A participant shall not sign a petition of
14
nomination for an independent or new political party
15
candidate for the same election.
16
(6) A participant shall not become an independent
17
candidate or a candidate of another established political
18
party or a new political party for the same election.
19
(d) The voters participating at an established political
20
party township or multi-township caucus shall not select for
21
nomination more candidates than there are to be elected for
22
each office.
23
(e) No candidate for nomination at a township or
24
multi-township caucus shall be required to do either of the
25
following:
26
(1) Circulate and file nominating petitions to become
SB3811
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LRB104 19633 SPS 33082 b
1
a candidate at the caucus.
2
(2) File a fee to become a candidate at the caucus.
3
(Source: P.A. 100-219, eff. 8-18-17.)
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