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statutes Illinois. Laws.

Illinois primary election laws in force July 1, 1913. An act to provide for the holding of primary elections by political parties. An act to provide for the holding of primary elections by political parties for the nomination of members of the General assembly and the election of senatorial committe online

. (page 1 of 6)
Online Librarystatutes Illinois. LawsIllinois primary election laws in force July 1, 1913. An act to provide for the holding of primary elections by political parties. An act to provide for the holding of primary elections by political parties for the nomination of members of the General assembly and the election of senatorial committe → online text (page 1 of 6)
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GIFT OF




NO'



ILLINOIS
PRIMARY
ELECTION
D LAWS



IN FORCE
JULY, 1, 1913



COMPLIMENTS OP

IE STATE OF ILLINOIS
HARRY WOODS

Secretary of State



Illinois Primary
Election Laws



IN FORCE
JULY 1, 1913



AN ACT

TO PROVIDE FOR THE HOLDING OF
PRIMARY ELECTIONS BY
POLITICAL PARTIES



AN ACT

TO PROVIDE FOR THE HOLDING OF PRIM

ARY ELECTIONS BY POLITICAL PARTIES

FOR THE NOMINATION OF MEMBERS

(OF THE GENERAL ASSEMBLY AND
THE ELECTION OF SENA-
TORIAL COMMITTEEMEN.




ILLINOIS PRINTING CO., DANVILLE, ILL.

1914



INDEX

Page
AFFIDAVIT See "Forms"

ALDERMEN under minority representation . . 13

BALLOT Box care and custody 38

separate for women 39

what used 19

BALLOTS-^-canvass of 52 , 81

color, size, etc 33

defective, objected to, etc 49, 82

delivery to judges, receipt 36

directions to voters 47

extra for emergency 37

for general election 59

form, how endorsed, etc 34, 36, 53

how marked 47, 81

how printed. 32 , 34

how voted and preserved 48, 54, 83

separate for women 39

specimen 36

BOARD OF ELECTION COMMISSIONERS

duties 40, 56, 61, 78

BOOTHS provisions concerning 18

BRIBERY term defined, penalty 65

CANDIDATES certificate of nomination or

election 56

contests regulated .. . 62

independent nominations by petition 64, 83

names on ballot, order, etc. 21, 26, 30, 39, 79

preference for President 29, 35 , 57

rotation by senatorial districts 30

nominations by plurality vote 58

petition, form, filing, etc 21-24, 27 , 76

signers, number, revocation, etc 24-26

tie vote.^how decided 8 , 59

under minority representation 13 , 73

vacancies filled by committee 61

what nominated 1 , 73

withdrawal (7) 28, 78

CANVASS OF BALLOTS how conducted 51 , 81

offenses and penalties 69

CANVASS OF RETURNS how conducted 54,82

offenses and penalties 70

CERTIFICATES names to county clerk 30, 78

names to election commissioners 56

of nomination and election 56

to poll book 21, 52

CHALLENGERS who to act 18

iii



'493000



Page

CLERKS canvass of returns 49, 51 , 82

offenses and penalties 69 , 70

primary, oath 16 , 17

officers of county court 17

payment 17

who to act 16

to announce color of ballots, etc 33

to give notice of primary 14 , 61

to prepare ballots 32, 59

COMMITTEEMEN election of various 1 , 7 , 73

precinct, blank on ballot for name 8 , 35

to appoint challengers 18

vote 9, 10

senatorial 73

COMMITTEES central or managing 7

composition, organization, powers, etc. 7-11, 76

existing recognized 11 , 76

vacancies filled by 61

CONTESTS provisions concerning 62

CONVENTIONS call, date, organization, etc. . . 11-13
COUNTY CLERK certificate to election com-
missioners 30, 78

DATES announcement of color of ballots, etc. 33

certifying names to county clerk, etc. 30, 60, 78

deciding tie vote 8 , 59

delivery of ballots 36 , 37

filing call for convention (e) 13

filing contest notice and hearing 62

filing petition for nomination 27 , 78

filing resolution under minority represen-
tation 13 , 80

filing revocation of signature to petition ... 24

filing withdrawal of candidtae (7) 28 , 78

holding conventions 11

holding regular and special primary. 5, 6, 61 , 74
issuing certificate to nominee or committee-
man 56, 82

issuing notice of primary 14 , 61

making returns of primary 54 , 82

meeting and organization of committee. ... 7

posting specimen ballots 36

preserving ballots 49, 54, 83

DEFINITIONS words and phrases . 4 , 65 , 74

DELEGATES AND ALTERNATES how chosen . . 11

national, statement, etc 12, 29

EXPENSES payment 20

FORMS affidavit of voter and witness 46 , 47

affidavit, erasure of names 42 , 43

registration of voter 40

ballots 34, 59, 79

certificate to county clerk 30, 60, 78

iv



FORMS (Concld.) Page

contest petition 62

convention call 13

notice of election 14 , 61

oath of judge and clerk 16 , 17

petition of candidate 22 , 78

poll book 20, 53

tally sheet 21

JuDGES-^-oath 16, 17

offenses and penalties 68-70

officers of county court 17

payment 17

to canvass ballots 51-53

to fill vacancies 15

who to act 15

LIQUOR offenses and penalties 64

MINORITY REPRESENTATION alderman and

representative 13 , 80

NOMINATIONS see ' ' CANDIDATES. ' '

NOTICES contest 62

primary, regular and special 14, 61

OATH judge and clerk 16

OFFENSES AND PENALTIES betting 67

bribery 65-67

canvassing returns 70, 71

clerks 69, 70

disclosing how elector voted 69

disorderly conduct 67

electioneering near polls 18, 19

false swearing 24 , 64

forgery 24

illegal voting 65

judges 68

liquor selling, etc 64

PERJURY false swearing deemed 24, 64

PETITIONS see ' ' CANDIDATES ' '

POLITICAL PARTY existing committees .... 11 , 76

teim defined 2 , 3 , 74

total vote, how determined 3

POLL BOOKS false entries 70

form, certificate, etc 20, 52

POLLS adjournment prohibited 49

opening and closing 6 , 37

place of holding 5

PRESIDENT disavowals 29

petition, etc 26, 27 , 73

REGISTRATIONS see "VOTER."

REPEAL acts of 1889, 1898, 1899 and 1908. . 71

REPRESENTATIVE IN GENERAL ASSEMBLY

provisions concerning 73



Page

RETURNS OF ELECTION how made and can-
vassed 54, 82

SECRETARY OF STATE certificate to county
clerk 30-32, 60, 78

certificate to nominee or committeeman . .56, 57

SIGNERS see ' ' CANDIDATES. ' '

SPECIAL ELECTION provisions concerning. . . 61

SUPPLIES how furnished 19

TALLY SHEETS form 21

TIE VOTE how decided 8 , 59

UNITED STATES SENATOR petition, etc 26, 73

VACANCIES committee to fill 61

judges to fill 15

special election, when necessary. 61

VOTER affidavit of challenged 45

assistance 49

bribery, illegal voting, etc 65-70

directions on ballot 35

leave of absence 6

party affiliation to be stated 39-45

qualifications 38

registration, erasure, etc 40-43

revoking signature to petition 24

WOMEN qualifications 38

separate ballots, etc 39

WORDS AND PHRASES how construed. 3 -5, 65, 74



GENERAL
PRIMARY ELECTION LAW



AN ACT TO PROVIDE FOR THE HOLDING
OF PRIMARY ELECTIONS BY POLITICAL
PARTIES. [APPROVED MARCH 9, 1910,
AS AMENDED AND IN FORCE JULY 1,
1913.]

SECTION 1. WHAT CANDIDATES NOMI-
NATED COMMITTEEMEN EXEMPTIONS

PROVISO.] The nomination of all can-
didates for all elective State, congressional,
county, city, and village (including officers
of the municipal court of Chicago), town
and judicial officers, members of the
State Board of Equalization, clerks of
the appellate courts, trustees of sanitary-
districts, township ^officers in townships
co-extensive with ,. cities, incorporated
towns or villages, and for the election
of precinct, ward and State central com-
mitteemen, and delegates and alternate
delegates to national nominating conven-
tions, by all political parties, as defined by
section 2 of this Act, shall be made in the
manner provided in this act, and not
otherwise: Provided, this Act shall not
apply to the nomination of candidates for
electors of President and Vice President
of the United States, and trustees of the
University of Illinois: And provided
further, that this Act shall not apply to
school elections and township elections
other than in townships co-extensive with
cities, incorporated towns or villages.
The words "township officers" or "town-



ship offices'* snail be construed when
used in this Act to include supervisors, and
assistant supervisors. [As amended June
30, 1913.

Sec. 2. POLITICAL PARTY DEFINED.]
A political party, which at the general
election for State .and county officers
then next presiding a primary, polled
more than 2 per cent of the entire vote
cast in the State, is hereby declared to
be a political party within the State, and
shall nominate all candidates provided
for in this Act under the provisions
hereof.

A political party, which at the general
election for State and county officers
then next preceding a primary, cast
more than 2 per cent of the entire vote
cast within any Congressional district,
is hereby declared to be a political party
within the meaning of this Act, within
such Congressional district, and shall
nominate its candidates for Representa-
tive in Congress and for member of the
State Board of Equalization within said
district, under the provisions hereof.

A political party, which at the general
election for State and county officers
then next preceding a primary, cast more
than 2 per cent of the entire vote cast
in any county, is hereby declared to be
a political party within the meaning of
this Act, within said county, and shall
nominate all county officers in said county
under the provisions hereof.

A political party, which at the general
election for city and village officers then
next preceding a primary, cast more
than 2 per cent of the entire vote cast



in any city or village, is hereby de-
clared to be a political party within the
meaning of this Act, within said city or
village, and shall nominate all city or
village officers in said city or village
under the provisions hereof.

A political party, which at the gen-
eral election for town officers then next
preceding a primary, cast more than 2
per cent of the entire vote cast in said
town, is hereby declared to be a political
party within the meaning of this Act,
within said town, and shall nominate all
town officers in said town under the pro-
visions hereof.

A political party, which at the general
election in any other municipality or
political subdivision, except townships
and school districts, for municipal or
other offices therein, then next pre-
ceding a primary, cast more than 2 per
cent of the entire vote cast in such muni-
cipality or political subdivision, is here-
by declared to be a political party with-
in the meaning of this Act, within said
municipality or political subdivision, and
shall nominate all municipal or other
officers therein under the provisions
hereof.

Sec. 3. PARTY VOTE How DE-
TERMINED.] In determining the total
vote of a political party, whenever re-
quired by this Act, the test shall be the
total vote cast by such political party
for its candidate who received the greatest
number of votes.

Sec. 4. [WORDS AND PHRASES,] The
following words and phrases in this Act
shall, unless the same be inconsistent with
the context, be construed as follows :



1. The word "primary," the primary
election provided for in this Act.

2. The word "election," a general
election, as distinguished from a special
election or a primary election.

3. The word "precinct," a voting
district heretofore or hereafter estab-
lished by law within which all qualified
electors vote at one polling place.

4. The words "State office," or "State
officer," an office to be filled, or an officer
to be voted for, by qualified electors of
the entire State, including United States
Senator and Congressman at large, and
delegates and alternate delegates at large
to national nominating conventions.

5. The words " congressional office,"
or "congressional officer," representatives
in Congress and members of the State
Board of Equalization, delegates or
alternate delegates to National nomina-
ting conventions, when such delegates or
alternate delegates are chosen by con-
gressional districts.

6. The words "judicial office" or
"judicial officer," judges of the Supreme
and circuit courts and judges of the supe-
rior court of Cook county.

7. The words "county office" or
"county officer," an office to be filled or
an officer to be voted for, by the qualified
electors of the entire county, members
of the board of assessors and county com-
missioners of Cook county.

8. The words "city office" and "village
office," or "city officer" and "village
officer," an office to be filled or an officer
to be voted for by the qualified electors



of the entire city or village, as the case
may be, including aldermen.

9. The words "town office" or "town
officer," an office to be filled or an officer
to be voted for by the qualified electors
of an entire town.

10. The word "town," as used in this
Act, shall be construed to mean an in-
corporated town. [As amended June
30, 1913.

Sec. 5. POLLING PLACES.] The pri-
mary herein provided for shall be held
at the regular polling places now estab-
lished, or which may hereafter be establish-
ed, for the purposes of a general election.

Sec. 6. DATES OF PRIMARIES HOURS.]
A primary shall be held on the second
Tuesday in April in every year in which a
President of the United States is to be
elected, for the purpose of electing dele-
gates and alternate delegates to National
nominating conventions and for the pur-
pose of securing an expression of the senti-
ment and will of the party voters with
respect to candidates for nominations for
the office of President of the United
States. A primary shall be held on the
first Wednesday after the second Tues-
day in September in every year in which
officers are to be voted for on the first
Tuesday after the first Monday in Novem-
ber of such year for the nomination of
candidates for such offices as are to be
voted for at such November election.
Whenever in this Act the term "April
primary" or equivalent words shall appear
such term or such words shall be con-
strued to refer to and include the primary



to be held on the first Wednesday after
the second Tuesday in September as well
as to the primary to be held on the second
Tuesday in April.

A primary shall be held on the last
Tuesday in February in each year for the
nomination of such officers as are to be
voted for on the first Tuesday in April
of such year.

A primary shall be held on the second
Tuesday in March in each year for the
nomination of such officers as are to be
voted for on the third Tuesday in April of
such year.

A primary for the nomination for all
other officers, nominations for which are
required to be made under the provisions
of this Act, shall be held three weeks pre-
ceding the date of the general election for
such offices respectively.

The polls shall be open from 6:00 o'clock
a. m. to 5:00 o'clock p. m. [As amended
June 20, 1913.

Sec. 7. VOTER'S LEAVE OF AB-
SENCE.] Any person entitled to vote
at such primary shall, on the day of such
primary, be entitled to absent himself
from any service or employment in
which he is then engaged or employed
for a period of two hours between the
time of opening and closing the polls,
and such primary elector shall not, be-
cause of so absenting himself, be liable to
any penalty nor shall any deduction be
made on account of such absence from
his usual salary or wages: Provided,
however, that applications for such leave
of absence shall be made prior to the



day of primary. The employer may
specify the hours during which said em-
ployee may absent himself.

Sec. 8. COMMITTEES CENTRAL OR
MANAGING EXCEPTIONS.] The follow-
ing committees shall constitute the central
or managing committees of each political
party, viz: A State central committee,
a congressional committee for each con-
gressional district, a county central com-
mittee for each county, a city central com-
mittee for each city or village, a precinct
committee for each precinct, except pre-
cincts within the limits of incorporated
cities or villages having a population of
two hundred thousand (200,000) or over;
and a ward committee for each ward in
such cities or villages having a population
of two hundred thousand or over; Provid-
ed, however, that nothing contained here-
in shall prevent a political party from
electing or appointing in accordance with
its practice other committees. [As
amended June 30, 1913.

Sec. 9. COMMITTEES COMPOSITION
ORGANIZATION POWERS, ETC.]

(1) STATE CENTRAL COMMITTEE.]
The State central committee shall be com-
posed of one member from each congres-
sional district in the State and shall be
elected as follows :

At the September primary held in the
year A. D. 1910, and at the April primary
held every two years thereafter, each pri-
mary elector may vote for one candidate
of his party for member of the State cen-
tral committee for the congressional dis-
trict in which he resides. The State cen-
tral committee of each political party



shall be composed of members elected
from the several Congressional districts
of the State, as herein provided, and of no
other person or persons whomsoever.
The members of the State central com-
mittee shall, within thirty days after their
election, meet in the city of Springfield
and organize by electing from among
their own number a chairman, and may at
such time elect such officers from among
their own number or otherwise, as they
may deem necessary or expedient. The
outgoing chairman of the State central
committee of the party shall, ten days
before the meeting, notify each member of
the State central committee elected at the
primary of the time and place of such meet-
ing.

(2) PRECINCT COMMITTEEMAN TIE
VOTE.] At the September primary held
in September, A. D. 1910, and at the April
primary held every two years thereafter,
each primary elector may write or attach
in the space left on the primary ballot
for that purpose the name of one qualified
elector of his party in the precinct for
member of his political party precinct
committee. The one having the highest
number of votes shall be such committee-
man of such party for such precinct. In
case of a tie the primary judges shall cast
lots. The official returns of the primary
judges shall show the name and address of
the committeemen of each political party
in the county: Provided, however, the
provisions of this sub-section two (2) of
section nine (9) shall not apply to pre-
cincts within the territorial limits of an
incorporated city or village having a
population of two hundred thousand or
over.

8



(3) COUNTY CENTRAL COMMITTEE
VOTE.] The county central committee
of each political party shall consist of the
members of various precinct committees
and ward committees, if any, of such party
in the county. In the organization, and
proceedings of the county central com-
mittee each precinct committeeman shall
have one vote and one additional vote
for each fifty votes or major fraction
thereof of his party cast in his precinct for
Governor at the last general election ; and
each ward committeeman shall have one
vote for each precinct in his ward and one
additional vote for each fifty votes or
major fraction thereof of his party cast in
each precinct of his ward for Governor at
the last general election.

(4) CONGRESSIONAL COMMITTEE -
EXCEPTIONS.] The congressional com :
rm'ttee of each political party shall be
composed of the chairman of the county
central committees of the counties com-
posing the congressional district, except-
ing that in congressional districts wholly
within the territorial limits of one county,
or wholly within the territorial limits of
one county and partly within the territorial
limits of another county, then the mem-
bers of the precinct committees of the
party residing within the limits of the
congressional district shall compose the
congressional committee: Provided,
however, that in congressional districts
wholly within the territorial limits of an
incorporated city or village having a
population of two hundred thousand or
over, or partly within the limits of such
city or village and partly without the
limits of such city or village, then the
members of the precinct and ward com-



mittees of the party of the precincts and
wards within the limits of the congression-
al district shall compose the congressional
committee.

In the organization and proceedings of
congressional committees, composed in
whole or in part of precinct committee-
men, each precinct committeeman shall
have one vote and one additional vote for
each fifty votes or major fraction thereof
of his party cast in his precinct for Gover^
nor at the last general election, and in tli
organization and proceedings of congres
sional committees composed in whole or
in part of ward committeemen, each ward
committeeman shall have one vote for
each precinct in his ward and one ad-
ditional vote for each fifty votes or major
fraction thereof of his party as cast in
each precinct of his ward located in such
congressional district for Governor at the
last general election.

(5) CITY CENTRAL COMMITTEE -
EXCEPTIONS.] The city central committee
of each political party shall be composed
of the precinct committeemen of such
party residing in such city, excepting
that in incorporated cities or villages
having a population of two hundred
thousand or over, then the city central
committee shall be composed of the ward
committeemen residing within the ter-
ritorial limits of such city or village,
which said ward committeemen shall be
elected at large in their respective wards.

The word "ward" in this section shall
be construed to mean a division for which
aldermen are elected in such last men-
tioned cities or villages.

10



(6) POWERS AND DUTIES.] Each com-
mitte and its officers shall have the powers
usually exercised by such committees and
by the officers thereof, not inconsistent
with the provisions of this Act. The
several committees herein provided for
shall not have power to delegate any of
their powers or functions to any other
person, officer or committee, but this
shall not be construed to prevent a com-
mitte from appointing from its own mem-
bership proper and necessary sub-com-
mittees, and particularly defining, by
resolution, the duties of such sub-com-
mittees.

(7) EXISTING PARTY COMMITTEES
RECOGNIZED.] The various political
party committees now in existence are
hereby recognized and sTiall exercise the
powers and perform the duties herein
prescribed until committeemen are chosen,
in accordance with the provisions of this
Act. [As amended June 30 1913.

Sec. 10. CONVENTION DATES OR-
GANIZATION DELEGATES CALL ETC.]

(a) COUNTY CONVENTIONS.] On the
first Monday next succeeding the April
primary, the county central committee
of each political party shall meet at the
county seat of the proper county and pro-
ceed to organize by electing from its own
number a chairman, and either from its
own number, or otherwise, such other
officers as said committee may deem
necessary or expedient. Such meeting
of the county central committee shall be
known as the county convention. The
county convention of each political party
shall choose delegates to the congressional

11



and State convention of its party: Pro-
vided, only precinct and ward committee-
men of the respective precincts and wards
within the limits of a congressional dis-
trict shall participate in the selection of
delegates to a congressional convention:
And, provided, further, that in the county
convention that each of such precinct
committeemen in the county convention
shall have one vote and one additional
vote for each fifty votes or major fraction
thereof of his party -cast in his percinct for
Governor at the last general election and
that each of such ward committeemen
shall have one vote for each precinct in
his ward and one additional vote for each
fifty votes or major fraction thereof of his
party cast in each precinct of his ward,
for Governor at the last general election.

(b) CONGRESSIONAL CONVENTIONS.]
All congressional conventions shall be
held on the first Wednesday after the first
Monday next succeeding the April pri-
mary. The congressional convention of
each political party shall have power to
choose and select delegates and alternate
delegates to National nominating con-
ventions, and to recommend to the State
convention of 'its party the nomination of
candidate or candidates from such con-
gressional district for elector or electors of
President and Vice President of the
United States.

(c) [STATE CONVENTIONS.] All State
conventions shall be held on the first Fri-
day after the first Monday next succeed-
ing the April primary. The State con-
vention of each political party shall^ have

Eower to make nominations of candidates
:>r the electors of President and Vice

12



President of the United States and for
trustees of the University of Illinois, and
to adopt any party platform.

(d) FUNCTIONS OF CONVENTIONS.]
Each convention may perform all other
functions inherent to such political organi-
zation and not inconsistent with this Act.

(e) CALLS, FOR CONVENTIONS FIL-
ING FORM.] At least thirty-three (33)
days before the April primary the State
and congressional committee, respectively,
of each political party shall file in the


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Online Librarystatutes Illinois. LawsIllinois primary election laws in force July 1, 1913. An act to provide for the holding of primary elections by political parties. An act to provide for the holding of primary elections by political parties for the nomination of members of the General assembly and the election of senatorial committe → online text (page 1 of 6)