Political Parties MICHAEL J. KASPER Fletcher, O Brien & Kasper & Nottage, P.C. Chicago

6 Political Parties MICHAEL J. KASPER Fletcher, O Brien & Kasper & Nottage, P.C. Chicago COPYRIGHT 2012 BY IICLE. 6 1

ELECTION LAW I. [6.1] Scope of Chapter II. Political Parties Under Illinois Law A. [6.2] Established Political Parties 1. [6.3] Creation of Established Political Parties 2. [6.4] Termination of Established Political Parties B. [6.5] New Political Parties III. Established Political Parties A. [6.6] Structure 1. Party Officers a. [6.7] Precinct Committeemen b. [6.8] Ward and Township Committeemen c. [6.9] State Central Committeemen d. [6.10] Conviction of a Felony 2. Political Committees a. State Central Committees (1) [6.11] Composition (2) [6.12] Powers b. County Central Committees (1) [6.13] Composition (2) [6.14] Powers c. [6.15] Congressional Committees d. [6.16] Legislative and Representative Committees e. [6.17] Municipal Central Committees f. [6.18] Judicial District Committees g. [6.19] Circuit Court Committees h. [6.20] County Board District Committees i. [6.21] State s Attorney Committees j. [6.22] Multicounty Educational Service Region Committees k. [6.23] Township Central Committees l. [6.24] Multi-Township Central Committees m. [6.25] Judicial Subcircuit Committees B. [6.26] Functions of Established Political Parties 1. [6.27] Selection of Candidates a. [6.28] Endorsement of Candidates b. [6.29] Nomination of the State Convention c. [6.30] Party Caucuses 6 2 WWW.IICLE.COM

POLITICAL PARTIES 2. [6.31] Filling Vacancies in Office a. [6.32] State Central Committeemen b. [6.33] Ward and Township Committeemen c. [6.34] Precinct Committeemen d. [6.35] State Senators and Representatives 3. [6.36] Filling Vacancies in Nomination a. [6.37] Voting to Fill Vacancies in Nomination b. [6.38] Timing of Filling Vacancies in Nomination c. [6.39] Eligibility to Fill a Vacancy in Nomination d. [6.40] Vacancies in Nomination for Judicial Office e. [6.41] Vacancies in County and Local Nomination 4. [6.42] Appointment of Deputy Registrars 5. [6.43] Selection of Election Judges 6. [6.44] Appointment of Pollwatchers 7. [6.45] Party Conventions a. [6.46] County Convention b. [6.47] State Convention 8. Selection of Delegates to the National Nominating Convention a. [6.48] Alternative Methods for Allocating Delegates from Congressional Districts (1) [6.49] Alternative A (2) [6.50] Alternative B b. Election of Delegates (1) [6.51] Republican Party (2) [6.52] Democratic Party c. [6.53] Nomination of Presidential Electors IV. Role of Political Parties in Regulating Participation in the Political Process A. [6.54] Individual Participation in the Political Process 1. [6.55] Participation in Party Activities 2. [6.56] Participation in State Administered Elections a. [6.57] Restrictions on Candidates b. [6.58] Restrictions on Voters B. [6.59] Party Participation in Elections ILLINOIS INSTITUTE FOR CONTINUING LEGAL EDUCATION 6 3

ELECTION LAW V. [6.60] New Political Parties A. Forming New Political Parties 1. Petition Filing Requirements a. [6.61] Number of Signatures b. [6.62] Restrictions on Circulating c. [6.63] Time for Filing 2. [6.64] Full Slate of Candidates 3. [6.65] Certificates of Officer 4. [6.66] Insufficiency of Petitions 5. [6.67] Statement of Economic Interests B. [6.68] Names of New Political Parties C. Filling Vacancies in Nomination of a New Party Candidate 1. [6.69] Before Certification 2. [6.70] Within 15 Days of Election 6 4 WWW.IICLE.COM

POLITICAL PARTIES 6.3 I. [6.1] SCOPE OF CHAPTER This chapter discusses the statutory framework governing established political parties in Illinois, the law of intraparty operations and freedom of association, and the creation of new political parties under Illinois law. The chapter also examines certain unique features of Illinois law empowering party officers to perform certain quasi-governmental functions. In addition, the chapter discusses the role of parties in the selection of delegates to the national nominating convention, and focuses on the state and federal campaign finance and disclosure laws relevant to political parties. II. POLITICAL PARTIES UNDER ILLINOIS LAW A. [6.2] Established Political Parties An established political party is a new political party the candidates of which have demonstrated sufficient support from the electorate to entitle the party to status under the election laws as an established party. The benefits of established political party status are basically threefold: (1) participation in primary elections; (2) statutory authority to create a political party structure through the election of precinct, ward, township, and state central committeemen; and (3) less burdensome petition signature requirements than for independent or new political party candidates. 1. [6.3] Creation of Established Political Parties A political party may become established in Illinois for the entire state and all districts and political subdivisions within the state. Conversely, a party may achieve status as an established political party at the state level or only for certain districts and political subdivisions within the state. Generally, established political party status is achieved for a primary election if, at the preceding general election, the new political party received more than five percent of the total vote cast in the state or the political subdivision. 10 ILCS 5/7-2, 5/10-2. Sections 7-2 and 10-2 of the Election Code, 10 ILCS 5/1-1, et seq., both deal with the creation of established political parties. 10 ILCS 5/7-2, 5/10-2. Section 7-2 provides that in order to become an established political party as to the entire state, a congressional district, county, municipality, town, or political subdivision (other than townships and school districts), the party s candidate who received the greatest number of votes must have exceeded five percent of the total vote cast at the general election. Section 10-2 of the Election Code contains similar but seemingly conflicting provisions. Under this section, the vote received by the political party s candidate for Governor is utilized. If the vote received by the party s candidate for Governor exceeds five percent of the total vote cast for the office of Governor, an established political party is created as to the state and in every district or political subdivision of the state. In addition to the Democratic and Republican Parties, new political parties have twice obtained established party status statewide. First, the 1986 general election resulted in the creation of a third statewide established political party, the Illinois Solidarity Party, after two ILLINOIS INSTITUTE FOR CONTINUING LEGAL EDUCATION 6 5

6.4 ELECTION LAW supporters of Lyndon LaRouche won the Democratic nominations for the offices of Lieutenant Governor and Secretary of State. The Democratic nominee for Governor, Adlai Stevenson, resigned his Democratic nomination to avoid running with the Lieutenant Governor and Secretary of State nominees. Stevenson selected Michael J. Howlett, Jr., as his Lieutenant Governor candidate and Jane Spirgel as the Secretary of State candidate. Stevenson, Howlett, Spirgel, and a slate of candidates filed petitions as candidates of a new political party named the Illinois Solidarity Party. Because Stevenson received greater than five percent of the vote in the 1986 general election, the Illinois Solidarity Party became an established political party. The Democratic Party, without a gubernatorial candidate, maintained its statewide established party status due to the vote received by its other state and local candidates. More recently, in 2006 the Green Party likewise achieved established party status because its nominee for Governor, running as a new party candidate, received greater than five percent of the vote cast in the general election. As a result, the Green Party attained established party status. The Green Party failed to maintain its established party status at the next general election. Similar to 7-2, 10-2 provides that a political party that receives in excess of five percent of the entire vote cast in any congressional district; legislative district; or county, township, municipality, or other political subdivision or district of the state becomes an established political party as to that area only. The use of the term district in 10-2 is significant. Section 1-3(14) of the Election Code defines a district as any area which votes as a unit for the election of any officer, other than the State or a unit of local government or school district. 10 ILCS 5/1-13(14). Thus, under 10-2, an established political party may be created in judicial circuits, Cook County judicial subcircuits, judicial districts, municipal wards, and county board districts. The impact of a legislative redistricting on a party s status as an established party has twice been considered by the courts. The Second District Appellate Court ruled that a political party could not rely on election results from a legislative election held prior to a redistricting (thus based on districts that no longer existed) for purposes of attaining established party status at the election immediately following the redistricting. Vestrup v. DuPage County Election Commission, 335 Ill.App.3d 156, 779 N.E.2d 376, 268 Ill.Dec. 762 (2d Dist. 2002). In contrast, the First District Appellate Court, in litigation involving the same issue and the same political party, permitted the party to be treated as established. Preuter v. State Officers Electoral Board, 334 Ill.App.3d 979, 779 N.E.2d 322, 268 Ill.Dec. 708 (1st Dist. 2002). 2. [6.4] Termination of Established Political Parties Once established, a political party must demonstrate a modicum of support at the polls in order to retain the benefits of established party status. Otherwise, the established political party is terminated. Election Code 10-2 sets forth the requirements for retaining established political party status. To remain established as to the state and as to every district or political subdivision of the state, the political party s gubernatorial candidate must receive more than five percent of the votes cast for Governor. 10 ILCS 5/10-2. If the candidate for Governor fails to receive more than five percent of the gubernatorial vote or if the political party fails to nominate a candidate for 6 6 WWW.IICLE.COM

POLITICAL PARTIES 6.7 Governor, the political party remains established at the state level if another of its statewide candidates (e.g., Attorney General) receives more than five percent of the votes cast for that office. However, this level of support does not automatically result in continued established party status throughout the state at the local level. In the absence of a vote for the party s gubernatorial candidate in excess of five percent (or if the party fails to nominate a candidate), established political party status is maintained at the district and political subdivision level only if the party s candidates within those areas receive in excess of five percent of the votes cast for the office sought. Id. The Illinois Solidarity Party s candidate for Governor at the 1990 general election failed to receive at least five percent of the total vote cast for Governor. The party also had a statewide candidate for the office of trustee of the University of Illinois. In an opinion requested of the Illinois Attorney General by the State Board of Elections, the Attorney General stated that the vote received by this candidate failed to meet the statutory requirements to retain established political party status at the state level for the Illinois Solidarity Party. Op. Att y Gen. (Ill.) No. 91-022. B. [6.5] New Political Parties Article 10 of the Election Code, 10 ILCS 5/10-1, et seq., governs access to the ballot by candidates of new political parties. New political party candidates run only at the consolidated and general elections and are required by law to obtain more signatures on their nominating petitions than are established political party candidates. The law governing the formation of new political parties is fully discussed in 6.60 6.70 below. III. ESTABLISHED POLITICAL PARTIES A. [6.6] Structure One of the primary benefits of attaining established political party status is the statutory authorization to develop a political party structure through the election of party officers at the general primary election. Article 7 of the Election Code, 10 ILCS 5/7-1, et seq., sets forth this structure and many of the functions of established political parties. 1. Party Officers a. [6.7] Precinct Committeemen In every county other than Cook County, party officers are elected at the precinct level. Precinct committeemen are elected to two-year terms at the general primary election. A candidate for precinct committeeman must be a resident of the precinct in which he or she seeks election. Moreover, a vacancy is created in the office of precinct committeeman if the officeholder ceases to be a resident of the precinct in which he or she was elected to the office. A nonresident precinct committeeman is statutorily barred from exercising any of the rights, powers, or duties of the office of precinct committeeman even if a successor has not been elected or appointed. 10 ILCS ILLINOIS INSTITUTE FOR CONTINUING LEGAL EDUCATION 6 7

6.8 ELECTION LAW 5/7-8(b). A precinct committeeman serves as a member of his or her political party s county central committee and is responsible for the affairs of the political party in the precinct represented. Precinct committeemen although elected, are not public officers but are only party officials. Whitsell v. Rutherford, 118 Ill.App.2d 401, 255 N.E.2d 34 (5th Dist. 1969). b. [6.8] Ward and Township Committeemen In Cook County, the lowest level of popular election of a political party officer is ward committeeman in the City of Chicago and township committeeman in the 30 townships that comprise suburban Cook County. These party officers are elected to four-year terms at the general primary election. However, the elections of ward and township committeemen are staggered. Township committeemen were elected at the 2010 general primary and will run again in 2014, 2016, and so on. Ward committeemen were last elected in 2012 and will run for election in 2016, 2020, and so on. Candidates for ward and township committeemen must be residents of the ward or township they seek to represent. 10 ILCS 5/7-8(b). Ward and township committeemen serve on a variety of political party committees encompassing territory within the committeeman s ward or township. However, a ward or township committeeman perhaps makes his or her most significant impact on the political process as the head of the political party in his or her ward or township. Like precinct committeeman, ward and township committeemen are not public officers, but are accountable only to party members. McCarthy v. Streit, 182 Ill.App.3d 1026, 538 N.E.2d 873, 131 Ill.Dec. 498 (1st Dist. 1989). c. [6.9] State Central Committeemen Statewide, the Democratic and Republican Parties are both governed by their respective state central committee. These committees are comprised of state central committeemen elected either by popular vote by congressional district or by other party officers. 10 ILCS 5/7-8. d. [6.10] Conviction of a Felony A person who is ineligible to vote due to the conviction of a felony may not hold any party office. Upon conviction of a felony, any party office held by that person automatically becomes vacant. 10 ILCS 5/7-8. 2. Political Committees a. State Central Committees (1) [6.11] Composition Each statewide political party operates under the direction of a state central committee. Two methods for selecting the members of a state central committee, Alternatives A and B, are set forth in the Election Code. 10 ILCS 5/7-8(a). 6 8 WWW.IICLE.COM

POLITICAL PARTIES 6.12 The Republican Party elects its state central committee pursuant to Alternative A. The committee consists of one committeeman from each Illinois congressional district elected to a two-year term. Under Alternative A, a state central committeeman is selected by a weighted vote cast by the political party s ward, township, or precinct committeeman at the county convention held every two years pursuant to Election Code 7-9. The weighted vote is equal to the number of Republican votes cast in his or her ward, township, or precinct by the primary voters at the last primary election. If a county is split among congressional districts, the committeeman casts a weighted vote only with respect to the congressional district or portion thereof in which his or her ward, township, or precinct is located. The Republican State Central Committee has adopted a rule designed to achieve gender balance on the committee. Under the rule, the member of the state central committee elected by the county chairmen appoints a person of the opposite sex to serve on the central committee. The appointee has the right to attend central committee meetings as a nonvoting member; however, if the elected member is absent, the appointed member then has the right to vote. The Democratic State Central Committee is elected under Alternative B. This alternative guarantees equal representation of both sexes on the state central committee. Under this alternative, a state central committee is comprised of a man and a woman elected from each Illinois congressional district to a four-year term at the general primary election. If all of the candidates for a position on the state central committee from a congressional district are of the same gender, only one candidate from that congressional district is declared elected. The failure to elect one man and one woman from the congressional district creates a vacancy as to the second member of the state central committee from that congressional district. This vacancy is then filled by appointment by the political party s congressional committee. The person appointed must be a resident of the congressional district and of the sex opposite that of the committee member elected at the general primary election. The membership of both the Democratic and Republican State Central Committees serves until the end of the term even if Illinois loses congressional districts after a decennial census. (2) [6.12] Powers Section 7-8(i) of the Election Code gives political committees of established political parties, including the state central committee, the powers usually exercised by such committees and the by the officers thereof, not inconsistent with the provisions of this Article. 10 ILCS 5/7-8(i). Section 7-8 also prescribes the method of voting on the committee, the process for electing a chairman and other officers, and the method of filling a vacancy on the central committee. These powers include the authority to delegate the power to fill vacancies in nomination to a subcommittee. Allen v. Electoral Board of St. Clair County, 147 Ill.App.3d 782, 498 N.E.2d 878, 101 Ill.Dec. 554 (5th Dist. 1986). Section 7-8 requires each state central committee to meet within 41 days of the election at which the members were elected in Springfield, Illinois, to organize by electing from its membership a chairman and any other officers the committee deems necessary. 10 ILCS 5/7-8. These officers are elected to a four-year term. In the organization and all proceedings of the state central committees, each member casts a weighted vote equal to the number of votes cast at the last primary election by the primary electors of the congressional district he or she represents. Id. ILLINOIS INSTITUTE FOR CONTINUING LEGAL EDUCATION 6 9

6.13 ELECTION LAW Vacancies on a state central committee are filled by appointment by the congressional committee of the political party in the congressional district from which the vacating state central committee member was elected. In the case of the Democratic State Central Committee, the appointee must be of the same gender as the member being replaced. Id. b. County Central Committees (1) [6.13] Composition In all counties other than Cook County, the county central committee of each political party is comprised of the various precinct committeemen of the political party in the county. 10 ILCS 5/7-8(d). The Republican and Democratic County Central Committees in Cook County are comprised of the ward and township committeemen from each political party. Id. The Election Code does not speak to the method of filling vacancies in the positions of ward and township committeemen. The rules of the Cook County Democratic Central Committee provide that the central committee fill a vacancy in the office of ward or township committeeman after soliciting the preference of the precinct captains of the ward or township. However, the central committee is not bound by the preference expressed by the precinct captains. In all other counties, the county chairman is authorized by law to fill vacancies in the office of precinct committeeman. However, to avoid a chairman s influencing the election of the next county chairman through the appointment of precinct committeemen, appointments to vacant precinct committeeman positions between the primary election and the county convention are prohibited. 10 ILCS 5/7-9(i). (2) [6.14] Powers On the 29th day after the primary election at which they are elected, each county committee is required to meet and select a chairperson from among its membership. Like state committees, additional officers need not be elected members of the committee. 10 ILCS 5/7-9. Within ten days of organizing, the chairman of the county committee must forward the names and addresses of the officers to the State Board of Elections. Id. The county convention also selects the delegates to its political party s state convention. In Cook County, however, the ward and township committeemen select the delegates to the state convention. Id. In the organization and proceedings of the county central committee, precinct, township, and ward committeemen cast a weighted vote equal to the number of votes cast in their precinct, township, or ward at the preceding primary election. Each member of the Republican State Central Committee is automatically a delegate to the state convention. Each member of the Democratic State Central Committee may appoint two delegates, who must be residents of their congressional district, to the state convention. Id. c. [6.15] Congressional Committees When a congressional district has more than one county within its boundaries, the congressional committee of each established political party is composed of the county chairmen of the counties within the district. 10 ILCS 5/7-8. Therefore, this is the composition of congressional committees in downstate Illinois. However, in northeastern Illinois, there are 6 10 WWW.IICLE.COM

POLITICAL PARTIES 6.16 congressional districts located entirely within one county or located partly within two or more counties but not coterminous with the boundaries of these counties. In these cases, the ward, township, and precinct committeemen from the congressional district serve on the congressional committee. The state central committeeman elected from that congressional district serves as chairman of the congressional committee but votes only to break a tie. If the political party elects state central committeemen under Alternative B in Election Code 7-8 (Democrats), they serve as co-chairs of the congressional committee and vote only in the case of a tie. Members of congressional committees cast a weighted vote, which is determined by the number of primary ballots cast for a political party in the area the member represents (e.g., county, ward, township, or precinct) at the primary election held immediately preceding the meeting of the congressional committee. 10 ILCS 5/7-8(e). d. [6.16] Legislative and Representative Committees Statewide established political parties are required to organize a committee in each of the 59 legislative districts and the 118 representative districts in Illinois. 10 ILCS 5/8-5, 5/8-6. Legislative committees deal with party matters relating to the election and appointment of state senators. Representative committees deal with party matters relating to the election and appointment of state representatives. The composition of each committee and the voting process differ for districts in the Cook County area as compared to downstate districts. In legislative and representative districts located entirely or partially in Cook County, the committees consist of (1) each Cook County ward and township committeeman whose ward or township or portion thereof lies within the district and (2) the chairman of the county central committee of any county other than Cook whose county has territory within the district. Voting on legislative and representative committees for districts lying entirely or partially within Cook County is by weighted vote. If the district lies entirely within Cook County, each committeeman casts a vote equal to the number of ballots cast in his or her party s last primary election at which members of the General Assembly were nominated. If, however, the district overlaps the Cook County boundary, then each committeeman casts a weighted vote based on the number of ballots cast in that portion of his or her ward or township in his or her political party s last primary election at which ward or township committeemen were elected. A county chairman whose county has territory located within such a district casts his or her vote based on the number of ballots cast in that portion of his or her county in the political party s last primary election at which members of the General Assembly were nominated. In legislative and representative districts located entirely outside Cook County, the committees consist of the chairman of each county central committee whose county lies entirely or partially within the boundaries of the district. These committee members also vote by weighted vote based on the number of ballots cast in that portion of his or her county in the political party s last primary election at which members of the General Assembly were nominated. However, if a downstate legislative or representative district comprises only one county or a part of one county, the committee consists of the chairman of the county central committee and two members of the county central committee (precinct committeemen) selected by the committee that reside within the legislative or representative district. Members of this type of legislative or representative committee do not vote by weighted vote; each of the three members is entitled to cast one vote. ILLINOIS INSTITUTE FOR CONTINUING LEGAL EDUCATION 6 11

6.17 ELECTION LAW Legislative and representative committees are required to meet and organize within 180 days of each general primary election by electing a chairman and other officers deemed necessary, usually a secretary. The organizational meeting must be held within the boundaries of the district. Once organized, the names of the officers of the committee must be forwarded to the State Board of Elections. e. [6.17] Municipal Central Committees The municipal central committee of each political party consists of the precinct, township, or ward committeemen representing the precincts or wards embraced within the municipality. The voting strength of each committeeman on a municipal central committee is the same exercised by that committeeman as a member of the county central committee. When a political party is established only within a municipality, the municipal central committee is composed of the party s officers. In the case of a party authorized to nominate candidates by caucus, the party officers are the chairman and secretary of the caucus. For parties authorized to nominate candidates by petition and primary election, the party officers are the candidates nominated at the primary election. 10 ILCS 5/7-8(h). f. [6.18] Judicial District Committees The judicial district committee of each political party in each of Illinois five judicial districts is composed of the chairmen of the county central committees of the counties composing the district. The members of this committee vote by weighted vote based on the votes cast in each member s county by the primary voters of his or her political party at the primary election held immediately preceding the committee s meeting. 10 ILCS 5/7-8(f). The judicial district committees are concerned with candidates of the political party for the offices of appellate judge and Supreme Court Justice. g. [6.19] Circuit Court Committees The circuit court committee of each political party is composed of the chairmen of the county central committees of the counties composing the circuit. Voting on this committee is by weighted vote based on the number of ballots cast at the primary election held immediately before the committee s meeting. This committee deals with matters pertaining to the political party s candidates for circuit judge of its judicial circuit. 10 ILCS 5/7-8(g). h. [6.20] County Board District Committees In those counties in which county board members are elected by district, each political party has a county board district committee. Unlike statutes governing all other political party committees, the method of voting is not specified in the statute creating county board district committees. Thus, the Attorney General has advised that each committee may adopt whatever method of voting it wishes. Op. Att y Gen. (Ill.) No. S-961 (1975). 6 12 WWW.IICLE.COM

POLITICAL PARTIES 6.24 i. [6.21] State s Attorney Committees The voters of two or more counties may decide by referendum that one state s attorney be elected to serve those counties. ILL.CONST. art. VI, 19. As of this writing, no group of counties is jointly served by a single state s attorney. However, if such a referendum is adopted, a state s attorney committee would govern the affairs of each established political party with respect to the election of a multicounty state s attorney. The committee consists of the chairman of the county central committee of each county in the group. Voting on this committee is by weighted vote based on the number of ballots cast in each county at the last general primary election. 10 ILCS 5/7-8.02. j. [6.22] Multicounty Educational Service Region Committees Generally, an educational service region consists of one county. However, two or more counties may voluntarily create a multicounty educational service region. Moreover, state law requires consolidation of educational service regions in lightly populated, contiguous counties. The elected public official in charge of an educational service region is the regional superintendent of schools. Where this consolidation has occurred, each established political party has a multicounty educational service region committee. The membership of this committee and the method of voting are identical to those of the state s attorney committee. 10 ILCS 5/7-8.02. k. [6.23] Township Central Committees In Cook County, the township central committee of each political party consists of the elected township committeeman. In all other counties, this committee consists of the elected or appointed precinct committeemen. These committees conduct the township nominating caucuses. The township central committee is also vested with the authority to switch to nominating township candidates by primary election rather than by caucus. Township central committees are also local political organizations in suburban Cook County. 60 ILCS 1/45-55. When a political party is established only within a township, the township central committee is composed of the party s officers. In the case of a party authorized to nominate candidates by caucus, the party officers are the chairman and secretary of the caucus. For parties authorized to nominate candidates by petition and primary election, the party officers are the candidates nominated at the primary election. 10 ILCS 5/7-8. l. [6.24] Multi-Township Central Committees The multi-township central committees of each political party consist of the precinct committeemen representing precincts located within a multi-township assessing district created pursuant to the Property Tax Code, 35 ILCS 200/1-1, et seq. 35 ILCS 200/2-15. Voting is by weighted vote determined by the number of ballots cast in each precinct at the primary election in which the committeeman was elected. This committee has jurisdiction over party matters relating to the office of multi-township assessor. It also is responsible for conducting the multi-township nominating caucus discussed in 6.30 below. ILLINOIS INSTITUTE FOR CONTINUING LEGAL EDUCATION 6 13

6.25 ELECTION LAW m. [6.25] Judicial Subcircuit Committees The judicial subcircuit committee of each political party consists of the ward and township committeemen of the townships and wards composing the judicial subcircuit. 10 ILCS 5/7-8(g-1). As in judicial district committees, voting in judicial subcircuit committees is determined by weighted vote based on the votes cast in each member s ward or township by the primary voters of that member s political party at the primary election immediately preceding the committee s meeting. B. [6.26] Functions of Established Political Parties This chapter has thus far focused on the creation, continuation, and termination of established political parties and how they are structured. Political parties carry on a variety of unofficial, internal functions, such as endorsing candidates and providing them with political and financial support. Another attribute of established party status is the statutory authority to participate in the electoral process. Established political parties do so by filling vacancies in nomination and public office, nominating deputy registrars, selecting election judges and canvassers, and observing election day activities as pollwatchers. Sections 6.27 6.53 below will take a closer look at the various functions of established political parties. 1. [6.27] Selection of Candidates Voters who declare their affiliation with an established political party at a primary election ultimately decide who will be the party s candidates at the general election. Before the primary election, however, political party leaders are very active in attempting to influence the selection as the political party s nominee for various public offices. Sections 6.28 6.30 below also discuss township party caucuses as well as those instances in which the political party officers directly nominate a candidate. a. [6.28] Endorsement of Candidates Established political parties in Illinois have a long history of endorsing their preferred candidates for public office. This practice has evolved by custom and tradition; state law is silent as to the endorsement of candidates. In lieu of statutory provisions, comprehensive procedures for endorsing candidates can be found in most rules that political party organizations have adopted. b. [6.29] Nomination of the State Convention The state convention has the power to nominate its candidates for elector of President and Vice President of the United States and to select delegates to its party s national nominating convention. 10 ILCS 5/7-9(b). However, both the Democratic and Republican Parties choose to elect the delegates to the national convention at the primary election. 10 ILCS 5/7-10.3. c. [6.30] Party Caucuses The Township Code, 60 ILCS 1/1-1, et seq., requires established political parties to select their nominees by party caucus unless the township central committee votes to nominate by 6 14 WWW.IICLE.COM

POLITICAL PARTIES 6.32 primary election. The township caucus is held on the second Tuesday in January preceding the date of the township election. The township central committee must canvass and declare the result of the caucus. The chairman of the township central committee must file nomination papers consisting of his or her certification of the names of the candidates selected at the caucus and the statement of candidacy of each candidate. In Moon v. Rolson, 189 Ill.App.3d 262, 545 N.E.2d 247, 136 Ill.Dec. 723 (1st Dist. 1989), the court upheld the validity of nomination papers that included a certification signed by a temporary chairman who presided at the party caucus in place of the elected chairman. The court found that the nomination papers complied with the Election Code, which requires the presiding officer and secretary of a caucus to sign certificates of nomination. 10 ILCS 5/10-1. The court also held that the certification at issue was [in] substantial compliance with the requirements of section 6A-1 of the Township Law. Moon, supra, 545 N.E.2d at 249. The Township Code establishes who may and may not participate at a township caucus and establishes rules of procedure for conducting the caucus. 60 ILCS 1/45-50. Participants must be registered voters of the township. Participation is limited to one established party s township caucus. Further, participants are precluded from becoming independent or new political party candidates or from signing the petition of an independent or new political party candidate for the same election. A person is barred from participating at a township caucus if, at any time during the 12 months preceding the caucus, he or she was (1) an elected or appointed public official of another established political party; (2) an elected or appointed party officer of another established political party; (3) a judge of election for another established political party; or (4) a voter who voted in the primary election of another established political party. In McCarthy v. Streit, 182 Ill.App.3d 1026, 538 N.E.2d 873, 879, 131 Ill.Dec. 498 (1st Dist. 1989), the court described statutes of this nature as lock out rules designed to protect the integrity of political party nominations. In McCarthy, the court interpreted what constituted participation in a caucus under the Township Code. The court held that persons present at a caucus to observe, who did not sign a participation affidavit or vote, did not participate in the caucus. Therefore, their new political party candidacies for township office were not prohibited. The appellate court found that it was unnecessary for these persons, who were nominated by others at the caucus, to take affirmative steps to have their names withdrawn from nomination. 2. [6.31] Filling Vacancies in Office Political parties are authorized by statute or party rules to fill vacancies that occur in various public and political offices. Significantly, the Illinois Supreme Court has upheld a statute that requires political party officers to fill vacancies that occur in either chamber of the General Assembly. The involvement of political parties in making appointments to fill vacancies in various political party and public offices is discussed in 6.32 6.35 below. For further information on this topic, the reader is also directed to Chapter 14 in this handbook. a. [6.32] State Central Committeemen A vacancy occurring on the state central committee of a political party is filled by the party s congressional district committee from the vacating member s congressional district. Voting is by ILLINOIS INSTITUTE FOR CONTINUING LEGAL EDUCATION 6 15

6.33 ELECTION LAW weighted vote. A vacancy on the Democratic State Central Committee, which uses Alternative B under the Election Code, must be filled with an appointee of the same sex as the vacating member. 10 ILCS 5/7-8. b. [6.33] Ward and Township Committeemen Filling a vacancy in the political offices of ward and township committeemen is not governed by the Election Code. However, the Cook County Democratic Central Committee s rules set forth a procedure for the central committee to fill such a vacancy. First, the preference of the precinct captains affiliated with the ward or township organization is ascertained by the county central committee. The preference expressed by the organization is not binding on the central committee. The committeemen then vote by a weighted vote to fill the vacancy. c. [6.34] Precinct Committeemen The chairman of the county central committee is authorized by law to fill vacancies in the office of precinct committeeman. However, a precinct committeeman vacancy cannot be filled during the 30-day period after the primary election. This prevents an outgoing chairman from unduly influencing the vote to elect a new chairman. 10 ILCS 5/7-9(i). d. [6.35] State Senators and Representatives The Illinois Constitution requires vacancies in the office of state senator and representative in the General Assembly to be filled by appointment within 30 days after the vacancy occurs. The appointee must be affiliated with the same political party as the person he or she succeeds. ILL.CONST. art. IV, 2(d). The specific procedure used to fill a vacancy was left to the General Assembly to determine by law. The legislature responded by enacting 10 ILCS 5/25-6. Under this statute, the legislative committee (for state senator vacancies) and the representative committee (for state representative vacancies) of the former incumbent s political party are authorized to fill the vacancy. Voting by committee members is weighted. However, when filling a vacancy, the committee member s vote is equal to the number of votes received by the former incumbent at the general election at which he or she was elected in that portion of the district the committee member represents on the committee, as opposed to the number of ballots cast at the primary election that is the basis for voting in organizational procedures. The person who receives a majority of the weighted vote is declared appointed. An appointee to a state representative seat serves for the remainder of the term. An appointee to a state senate seat serves until the next general election if more than 28 months remains in the term when the vacancy occurs. If less than 28 months remains in the term when the vacancy occurs, the appointee completes the unexpired portion of the term. In determining whether more than 28 months remain in a term, the date the vacancy occurs, rather than the date the vacancy is filled by appointment, controls. Gardner v. Mullins, 234 Ill.2d 503, 917 N.E.2d 443, 334 Ill.Dec. 617 (2009). In Gardner, a county board member died with 29 months remaining in her term, but the vacancy was not filled until there were 27 months and 22 days remaining. The Supreme Court concluded that the sole triggering event that brings about all of the actions called for in the statute is the occurrence of a vacancy. 917 N.E.2d at 449. As a result, the date of the vacancy s occurrence is the proper point in time from which to calculate the remaining term. Id. While Gardner dealt with a vacancy in an 6 16 WWW.IICLE.COM

POLITICAL PARTIES 6.38 elected county office, which is not filled by the political party, the interpretation of the 28-month rule no doubt will control vacancies in any elected office that would be filled by a political party. The method of filling vacancies in state legislative office was challenged as an unconstitutional delegation of legislative power to private entities (i.e., the political parties). The Illinois Supreme Court upheld the statute, finding that the extensive responsibility given to political parties under Election Code 25-6, in the vacancy filling process and the constitutional mandate to preserve the political party affiliation of the former incumbent in making the appointment, cloaked the political parties with the authority of public agency necessary to carry out their duties under the statute. Kluk v. Lang, 125 Ill.2d 306, 531 N.E.2d 790, 126 Ill.Dec. 163 (1988). In contrast, People ex rel. Rudman v. Rini, 64 Ill.2d 321, 356 N.E.2d 4, 1 Ill.Dec. 4 (1976), struck down a statute vesting the respective political parties county central or county board district central committees with the power to fill vacancies in county offices and county board seats. 3. [6.36] Filling Vacancies in Nomination The various political party committees are also statutorily empowered to fill vacancies in nomination that occur after a primary election. A vacancy in nomination occurs when the political party s nominee dies before the general election or declines the nomination. However, a nomination may become vacant for other reasons. 10 ILCS 5/7-61. See Phelan v. County Officers Electoral Board, 240 Ill.App.3d 368, 608 N.E.2d 215, 181 Ill.Dec. 142 (1st Dist. 1992), rev d on other grounds, 158 Ill.2d 391 (1994). A vacancy in nomination also occurs if an established party fails to nominate a candidate at the primary election. Op. Att y Gen. (Ill.) No. 84-018. The vacancy is filled by the party committee that has jurisdiction over the district or government unit in which the vacancy in nomination has occurred. For example, a vacancy in the Republican nomination for the office of Secretary of State would be filled by the Republican State Central Committee. Further, a vacancy occurring in the Democratic nomination for representative in Congress for the First Congressional District would be filled by the Democratic Party s Congressional Committee for the First District. Voting to fill a vacancy in nomination is by weighted vote based on the number of ballots cast at the preceding primary election. a. [6.37] Voting to Fill Vacancies in Nomination Each member of a nominating committee, regardless of how few weighted votes he or she might be able to cast at a committee meeting, must be notified of the proceedings at which the vacancy in nomination will be filled and failure to provide such notice to all committee members invalidates the committee s actions. Graham v. State Officers Electoral Board, 269 Ill.App.3d 609, 646 N.E.2d 1357, 207 Ill.Dec. 270 (4th Dist. 1995). b. [6.38] Timing of Filling Vacancies in Nomination Section 7-61 of the Election Code sets forth both the time frame and procedure to be followed by political party committees in filling vacancies in nomination. 10 ILCS 5/7-61. A vacancy that occurs after the primary election but before certification of the names of candidates to be presented on the general election ballot must be filled before the date of ballot certification. When ILLINOIS INSTITUTE FOR CONTINUING LEGAL EDUCATION 6 17

6.38 ELECTION LAW the vacancy in nomination occurs after ballot certification but prior to fifteen days before the general election, the vacancy must be filled within eight days of the event creating the vacancy, and the resolution naming the new nominee must be mailed or personally delivered to the appropriate election official within three days of the action to fill the vacancy. The three-day period begins to run on the date the committee selects the nominee and failure to satisfy the filing requirements will invalidate the committee s action in filling the vacancy. Forcade-Osborn v. Madison County Electoral Board, 334 Ill.App.3d 756, 778 N.E.2d 768, 268 Ill.Dec. 502 (5th Dist. 2002). A party committee s failure to meet the three-day deadline authorizes the election authority to print the name of the original candidate on the ballot. The resolution filling the vacancy in nomination must bear the date of the committee s action otherwise it is invalid. Zerante v. Bloom Township Electoral Board, 287 Ill.App.3d 976, 679 N.E.2d 459, 223 Ill.Dec. 274 (1st Dist. 1997). However, a scrivener s error placing the wrong date on a resolution to fill the vacancy in nomination is not necessarily fatal to the action in filling the vacancy. Siegel v. Lake County Officers Electoral Board, 385 Ill.App.3d 452, 895 N.E.2d 69, 324 Ill.Dec. 69 (2d Dist. 2008). In Siegel, the notary public executing the resolution affixed the wrong date to the resolution, but the court ruled that [b]ut for the scrivener s error, petitioner s resolution complied in every mandatory aspect and that the error does not impair the integrity of the electoral process, as one of the board members herself characterized the error as a good faith error. 895 N.E.2d at 77. As a result, the court concluded that the resolution filling the vacancy in nomination substantially complied with the Election Code. Id. See also In re Objection of McSparin, 352 Ill.App.3d 352, 815 N.E.2d 1193, 287 Ill.Dec. 390 (5th Dist. 2004). A vacancy in nomination occurring fifteen days or less before the general election may not be filled, and the name of the original candidate will remain on the ballot. If the original candidate happens to win the election, the office is deemed to be vacant and is filled as specified in Article 25 of the Election Code. 10 ILCS 5/25-1, et seq. A few special rules governing filling vacancies in nomination should be noted. First, when a vacancy in county office is to be filled by election and the vacancy occurs after the close of the petition filing period for the intervening general primary election, the county central committee or the county board district committee nominates the political party s candidate to run at the general election. Second, Election Code 8-17 deals specifically with filling vacancies in nomination for the offices of state senator and representative in the General Assembly. However, this statute is virtually identical to Election Code 7-61. Third, if a vacancy in nomination exists because there was not a candidate of the established political party on the general primary ballot (and no one was nominated as a write in candidate), then the political party has only 75 days after the date of the general primary election to fill the vacancy in nomination. 10 ILCS 5/7-61, 5/8-17. If a candidate is nominated within the 75-day time period but that nomination is invalidated pursuant to an objector s petition, a vacancy in nomination that may be filled by the same candidate is not created. Maske v. Kane County Officers Electoral Board, 234 Ill.App.3d 508, 600 N.E.2d 513, 175 Ill.Dec. 582 (2d Dist. 1992). In Maske, a candidate was nominated for a county office prior to the 60-day deadline, but that candidacy was invalidated pursuant to an objector s petition. The county committee subsequently re-nominated the same candidate, claiming that the 6 18 WWW.IICLE.COM