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Political Parties
MICHAEL J. KASPER
Fletcher, O’Brien & Kasper & Nottage, P.C.
Chicago
©COPYRIGHT 2012 BY IICLE®.
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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
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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
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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
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§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
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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
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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. 91022.
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
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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).
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§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.
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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 5/78(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
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§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.
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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).
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i.
§6.24
[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.
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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
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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
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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
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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
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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
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action of the electoral board in invalidating the first nomination created a vacancy in nomination.
The court upheld the electoral board’s decision invalidating the second nomination because it
occurred after the 60-day deadline.
c. [6.39] Eligibility to Fill a Vacancy in Nomination
A person who has voted in an established party’s primary election may not be appointed to
fill a vacancy in nomination of a different established political party. 10 ILCS 5/7-43; Cullerton
v. DuPage County Officers Electoral Board, 384 Ill.App.3d 989, 894 N.E.2d 774, 323 Ill.Dec.
748 (2d Dist. 2008). In Cullerton, the Democratic Party attempted to fill a vacancy in nomination
with a person who had voted in the Republican primary election. The appellate court concluded
that a person “who voted in the Republican and not the Democratic primary in at least the three
primaries preceding the upcoming general election, cannot be considered a ‘qualified primary
voter’ of the Democratic Party” and was ineligible to be appointed to fill the vacancy in
nomination. 894 N.E.2d at 779. The Supreme Court refused to extend this doctrine to apply to a
voter who had voted in one party’s primary election in a consolidated election, and then sought to
become another party’s nominee in the next primary election. Hossfeld v. Illinois State Board of
Elections, 238 Ill.2d 418, 939 N.E.2d 368, 345 Ill.Dec. 525 (2010). Similarly, a candidate who
filed a statement of candidacy in connection with one established party’s primary is also
ineligible to fill a vacancy in nomination of a different political party in the immediately ensuing
general election. 10 ILCS 5/7-43.
d. [6.40] Vacancies in Nomination for Judicial Office
In Bonaguro v. County Officers Electoral Board, 158 Ill.2d 391, 634 N.E.2d 712, 199 Ill.Dec.
659 (1994), the Illinois Supreme Court held that a political party is not authorized by the Election
Code to fill a vacancy in nomination for judicial office by party resolution. In Bonaguro, the
Democratic Party nominated a candidate to run as its nominee in the general election for a circuit
judgeship in the 13th Judicial Subcircuit in Cook County. No Democratic candidate ran in the
primary election, and none was nominated by petition. Justice Freeman, writing for the majority,
held that §§7-7 and 7-61 of the Election Code pertain only to legislative and executive vacancies,
not to judicial vacancies. Although the majority declined to decide whether ILL.CONST. art. VI,
§12(a), bars a political party from filling a vacancy in nomination for judicial office by resolution,
Justice Heiple, concurring in the judgment, wrote that such a statute would be unconstitutional.
e. [6.41] Vacancies in County and Local Nomination
In 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), the court held that Election Code §7-8(i) allows a county central
committee to delegate to its executive committee the authority to fill vacancies in nomination for
county offices. In McCarthy v. Streit, 182 Ill.App.3d 1026, 538 N.E.2d 873, 131 Ill.Dec. 498 (1st
Dist. 1989), the court upheld the action by the township committeeman to fill vacancies in the
political party’s slate of candidates for township office created by an electoral board’s ruling that
the certificate of nomination pertaining to the slate was invalid. The court also determined that
these vacancies may be filled by a resolution naming the same individuals whose names had been
stricken by the electoral board.
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4. [6.42] Appointment of Deputy Registrars
Political parties play a key role in the voter registration process. Each person elected to the
office of precinct committeeman, upon proper training, is automatically appointed by the county
clerk to serve as a deputy registrar authorized to register qualified persons to vote. 10 ILCS 5/46.2, 5/5-16.2. In addition, the county clerk is given the discretion to appoint additional deputy
registrars as he or she deems necessary. Some of these additional deputy registrars are to be
selected by the county clerk from lists of applicants submitted by the chairman of the county
central committee of each of the two major political parties in the election jurisdiction. If these
appointments are deemed necessary by the election authority, he or she must appoint an equal
number of deputy registrars from each of the major political parties. 10 ILCS 5/6-50.2.
5. [6.43] Selection of Election Judges
The appointment of election judges is made from lists of persons submitted by the chairmen
of the county central committees of the political parties. 10 ILCS 5/13-1.1, 5/13-2, 5/14-3.1, 5/143.2, 5/14-4. In election jurisdictions governed by a county clerk, the political parties entitled to
submit these lists were those whose candidates received the two highest vote totals for Governor
at the preceding general election. Designating the political parties who submit these lists by
reference to the vote for Governor was changed after the 1986 general election and the creation of
the Illinois Solidarity Party as an established political party. See 10 ILCS 5/1-3(21), 5/13-1, 5/132. If the election authority exhausts the list initially submitted by the chairmen of the county
central committees, then persons are selected to serve as judges from a supplemental list supplied
by each chairman. If this list is also exhausted, then the election authority is authorized to appoint
persons who were not recommended by one of the leading political parties to serve as election
judges.
6. [6.44] Appointment of Pollwatchers
Political parties can play a key role in preserving the integrity of an election. Each party is
authorized by law to station pollwatchers within the polling place before the polls open,
throughout election day, and after the polls close. 10 ILCS 5/7-34, 5/17-23. During a primary
election, each political party is entitled to one pollwatcher at a time in a polling place. For general
elections, each party is entitled to two watchers. Id. Although election judges may limit the
number of pollwatchers allowed in a polling place, each political party (whether established or
new) is entitled to have at least one pollwatcher in the polling place at all times. 10 ILCS 5/7-34.
All pollwatchers must be registered to vote in Illinois. 10 ILCS 5/17-23.
7. [6.45] Party Conventions
Two political party conventions are authorized in the Election Code: the county convention
and the state convention. 10 ILCS 5/7-9. In addition to the specific functions of each convention
discussed in §§6.46 and 6.47 below, §7-9(d) authorizes a convention to “perform all other
functions inherent to such political organization and not inconsistent with this Article.” 10 ILCS
5/7-9(d).
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a. [6.46] County Convention
The county convention of each established political party must be convened on the 29th day
after each general primary election. The purpose of the convention is to organize the county
central committee by electing a chairman and other officers. If a county central committee is to be
governed by rules and bylaws, they are traditionally adopted at the county convention. In all
counties except Cook, the delegates representing the county at the political party’s state
convention are selected at the county convention. In Cook County, delegates to the state
convention are selected by the ward and township committeemen. 10 ILCS 5/7-9.
b. [6.47] State Convention
The state convention must be held within 180 days of the primary election in presidential
election years (2012, 2016, etc.) and may be held, but need not be, in other general election years
(2014, 2018, etc.). 10 ILCS 5/7-9. The chairman of the state central committee is required to file
with each county clerk, at least 33 days before each general primary election, a call for the state
convention, stating its time and location. Each county is entitled to one delegate to the convention
for every 500 ballots in that county at that political party’s primary election. In addition, each
member of the Democratic State Central Committee is an ex officio delegate to the state
convention. Moreover, each Democratic state central committeeman is authorized to appoint two
delegates to the convention. The call must recite Election Code §7-9(e), in its entirety, instruct
each county to calculate the number of delegates to the convention it is entitled to, and direct that
the appropriate number of delegates be chosen.
The state convention of each political party has the authority to (1) nominate those who will
represent Illinois in the Electoral College if the party’s presidential candidate wins the state; (2)
adopt a state party platform; and (3) select at-large delegates to the party’s national nominating
convention. The state central committees are also authorized by statute to adopt rules governing
the procedures of the state convention.
8. Selection of Delegates to the National Nominating Convention
a. [6.48] Alternative Methods for Allocating Delegates from Congressional Districts
The Election Code provides for methods that established parties can use to calculate the
number of delegates from each congressional district to a national nominating convention. 10
ILCS 5/7-14.1. The state central committee of the party must certify to the State Board of
Elections which method the party will use no later than 30 days before the first date that
nominating petitions may be filed. The State Board of Elections must then publish, not later than
20 days before the opening of the filing period, the number of delegates and alternates to be
elected from each congressional district according to the method selected. If a party fails to
certify which method will be used, the State Board of Elections will allocate the number of
delegates and alternates to each congressional district according to the method used by that party
for the previous national nominating convention.
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(1)
[6.49] Alternative A
Under Alternative A, ten delegate positions are reserved for at-large delegates. 10 ILCS 5/714.1. At-large delegates may be selected at the state convention, in the primary, or by a
combination of both. The remaining delegates are elected by congressional districts, with a
minimum of two from each district. Congressional district delegates are allocated to each
congressional district by multiplying the remaining number of delegates by the vote cast in the
congressional district for the party’s nominee at the presidential election over the statewide vote
for the party’s nominee. Once this calculation is made, a number of delegates are allocated to
each congressional district equal to the whole number resulting from the calculation. Remaining
delegates are allocated according to the fractional remainder, beginning with the largest and
working down. Districts whose product is less than 1.875 are omitted from the allocation
according to fractional remainder until delegates have been fully allocated to all congressional
districts receiving a higher product. Congressional districts whose product is less than one are
totally omitted from the calculation. Any delegates remaining unallocated by this formula will be
at-large delegates and selected in the same manner as other at-large delegates.
(2)
[6.50] Alternative B
Under Alternative B, the state party chairman must certify to the State Board of Elections the
number of delegates to which the state is entitled and the number to be selected by congressional
district. The State Board of Elections then allocates the number of delegates to be elected from
each congressional district by adding one third of the following calculations for each
congressional district:
Formula 1: Divide the district population by the state population and add one half of the
district vote for the party’s nominee in the most recent presidential election over the statewide
vote for the same candidate plus one half of the district vote for the party’s nominee in the second
most recent presidential election over the statewide vote for the same candidate. Multiply the sum
of the calculation by one half and that product by the number of delegates to which the state is
entitled.
Formula 2: Divide the total number of votes in the district for the party’s candidate in the
most recent gubernatorial election by the statewide vote for the same candidate plus the district
vote for the party’s most recent presidential nominee divided by the statewide vote for the same
candidate. Multiply the sum by one half, and multiply that product by the number of delegates to
which the state is entitled.
Formula 3: Add one half of the district vote for the party’s most recent presidential nominee
divided by the statewide vote for the same candidate to one half of the district vote for the party’s
second most recent presidential nominee divided by the statewide vote for the same candidate.
Add this sum to the party voter registration in the district divided by the statewide party voter
registration as of January 1 of the year preceding the year in which the convention is held.
Multiply this sum by one half and that product by the number of delegates to which the state is
entitled.
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Each congressional district is entitled to a number of delegates equal to one third of each of
the preceding totals. Fractional delegates will be rounded upwards to the next whole number,
largest fraction first, until the total number of delegates to be chosen by this method has been
allocated. The state central committee of a party using Alternative B may determine a method to
select remaining delegates and alternates and certify the method to the State Board of Elections.
The Republican Party has traditionally allocated its delegates pursuant to Alternative A. A
1990 amendment to the Election Code provides that the national party rules of a party using
Alternative B supersede the Election Code “with respect to all aspects of the selection of
delegates and alternate delegates to a national nominating convention.” 10 ILCS 5/7-14.1. Thus,
the delegate selection rules of the Democratic National Committee regarding delegate selection
supersede the provisions of the Election Code.
b. Election of Delegates
(1)
[6.51] Republican Party
The positions of delegate and alternate to the Republican National Convention from each
congressional district are filled by the delegate and alternate candidates receiving the highest
votes in that congressional district. 10 ILCS 5/7-59. Thus, if a congressional district is entitled to
ten delegates pursuant to the calculation in Alternative A, described in §6.49 above, the ten
candidates receiving the highest votes will be elected delegates regardless of their presidential
preference. As a result, the primary vote for the Republican presidential nominee is “an
expression of the sentiment and will of the party voters [and is considered] as advisory to the
delegates and alternates at large to the national conventions.” 10 ILCS 5/7-11.
(2)
[6.52] Democratic Party
The Democratic Party’s presidential primary has become more than a “beauty contest.”
Beginning with the 1992 general primary election, delegates to the national convention have been
elected proportionally from each congressional district according to the results of the presidential
primary. 10 ILCS 5/7-59. For example, if a congressional district is entitled to ten delegates
pursuant to Alternative B, described in §6.50 above, and a candidate received 40 percent of the
popular vote in that district, the candidate would be entitled to four delegates from that district.
The four delegates pledged to that candidate that receive the highest votes will be elected. The
Democratic Party rules, however, provide for gender equity so that the highest voting-getting
male and female candidates will be declared elected, and so on, until all allocated positions have
been filled.
c. [6.53] Nomination of Presidential Electors
Each party is authorized to nominate candidates to serve as that party’s electors of President
and Vice President of the United States. 10 ILCS 5/7-9. Within two days of the convention, the
state party chair must forward the names and addresses of those nominated as electors to the State
Board of Elections. 10 ILCS 5/21-1. A vacancy in nomination for an elector from a congressional
district may be filled by the congressional district committee. A vacancy in nomination for an
elector to be elected statewide may be filled by the state central committee. Id.
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The electors nominated by a political party are deemed “elected” if that party’s nominees for
President and Vice President receive the highest number of votes in the statewide general
election. 10 ILCS 5/21-2.
IV. ROLE OF POLITICAL PARTIES IN REGULATING PARTICIPATION IN
THE POLITICAL PROCESS
A. [6.54] Individual Participation in the Political Process
Political parties play a significant role in regulating participation in all aspects of the political
process. Parties have significant legal authority to regulate not only who participates in party
matters, such as political conventions, but in access to the ballot in state administered primary
elections.
1. [6.55] Participation in Party Activities
Political parties are given wide legal authority to regulate participation in party functions,
most notably political party conventions, even when the party’s rules conflict with state statutes.
For example, the “white primary” cases involved the Texas Democrats attempts to exclude
African-Americans from their primary elections. Nixon v. Herndon, 273 U.S. 536, 71 L.Ed. 759,
47 S.Ct. 446 (1927); Smith v. Allwright, 321 U.S. 649, 88 L.Ed. 987, 64 S.Ct. 757 (1944); Terry
v. Adams, 345 U.S. 461, 97 L.Ed. 1152, 73 S.Ct. 809 (1953).
Another example of this type of conflict arose in Cousins v. Wigoda, 419 U.S. 477, 42
L.Ed.2d 595, 95 S.Ct. 541 (1975). Cousins involved a dispute between two factions of Illinois
delegates to the 1972 Democratic National Convention. The “Wigoda delegates,” led by Mayor
Richard J. Daley, were elected during the March 1972 primary pursuant to the Election Code. The
convention refused to seat the Wigoda delegates because the delegation failed to meet the racial
and gender composition required under national party rules. Instead, the convention seated the
“Cousins delegates,” who were selected only two days prior to the convention. The Court
recognized the national party’s right to freedom of association and also held that the state’s
interest in protecting the integrity of the election process could not be deemed compelling in the
context of delegate selection.
The Democratic National Committee successfully refused to award supporters of Lyndon
LaRouche any delegates to the national nominating convention in 1996 claiming that he was not a
“bona fide” Democrat. LaRouche v. Fowler, 152 F.3d 974 (D.C.Cir. 1998). The Court upheld
LaRouche’s exclusion on the basis that the party was not a state actor in conducting its
convention, and that even if it was, it need only show a rational basis for the exclusion because
viewpoint restrictions are the sine qua non of political parties.
The ability to restrict convention participation is not limited to the national stage. Political
parties have also been able to restrict participation in their political conventions at the state level.
In Republican Party of Texas v. Dietz, 940 S.W.2d 86, 40 Tex.Sup.J. 384 (1997), the Texas
Republican Party was able to exclude the “Log Cabin Republicans,” a group supporting equal
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rights for gays and lesbians, from its annual party convention. The Court upheld the exclusion on
the basis that the party was not a state actor and thus not subject to the First and Fourteenth
Amendments.
Similarly, a state statute requiring convention delegates to vote according to the results of the
state administered primary election also violates the political party’s right to freedom of
association. Democratic Party of United States v. Wisconsin ex rel. LaFollette, 450 U.S. 107, 67
L.Ed.2d 82, 101 S.Ct. 1010 (1981). In that case, the Court invalidated a statute requiring
convention delegates to vote according to the results of the presidential primary because
Wisconsin held an open primary, at which voters did not declare a party affiliation. This statutory
scheme contradicted a Democratic Party rule limiting selection of delegates to those willing to be
affiliated with the party publicly.
2. [6.56] Participation in State Administered Elections
Political parties not only may regulate who participates in their internal party affairs, but are
also given great leeway in determining who participates, both as candidates and as voters, in state
administered primary elections at which that party’s nominees for the general election are
selected. Courts have generally upheld various ballot access restrictions applied by political
parties to state administered primary elections on freedom of association grounds.
a. [6.57] Restrictions on Candidates
Political parties often attempt to limit ballot positions to candidates who espouse views
consistent with those of the party membership, similar to the manner in which they attempt to
limit participation in political conventions. For example, a Georgia statute allowing a political
party committee to delete the names of “unsupported” candidates from its primary ballot has
withstood judicial scrutiny. In Duke v. Massey, 87 F.3d 1226 (11th Cir. 1996), the Republican
Party committee deleted David Duke’s name from the Republican party ballot for the Republican
Party primary election. The court upheld the statute recognizing that Duke does not have a right
to associate with an unwilling partner.
b. [6.58] Restrictions on Voters
Much of the litigation in this area centers on conflicts arising over who may participate, and
under what restrictions, as a voter in a political party’s state administered primary election. In
Nader v. Schaffer, 417 F.Supp. 837 (D.Conn. 1976), the court upheld Connecticut’s closed
primary system which required voters to register as members of the party in order to vote in the
primary election. The court held that the state may protect a political party’s associational rights.
A political party’s right of association also prevails in the converse situation. The Connecticut
Republican Party voted to open its primary to independent voters despite a closed primary statute.
The Supreme Court invalidated the statute as a violation of the parties’ rights to freedom of
association. Tashjian v. Republican Party of Connecticut, 479 U.S. 208, 93 L.Ed.2d 514, 107
S.Ct. 544 (1986).
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More recently, the United States Supreme Court invalidated California’s “blanket primary”
system on similar association grounds. California Democratic Party v. Jones, 530 U.S. 567, 147
L.Ed.2d 502, 120 S.Ct. 2402 (2000). The Democratic Party challenged the system, adopted by
referendum, by which voters were permitted to select from amongst all candidates regardless of
political affiliation. The Court held the blanket primary is unconstitutional because it forces
political parties to associate with nonparty members. The Court noted that the right not to
associate is just as important as the right to associate.
B. [6.59] Party Participation in Elections
Just as political parties have broad discretion regarding who gets to participate in their
conventions and primary elections, they also have broad discretion about how to support their
candidates. The Supreme Court has invalidated a California statue prohibiting party endorsements
as a violation of the political party’s First Amendment freedom of speech. Eu v. San Francisco
County Democratic Central Committee, 489 U.S. 214, 103 L.Ed.2d 271, 109 S.Ct. 1013 (1989).
Illinois courts have also applied the First Amendment principle to internal party disputes. In
1986, two supporters of Lyndon LaRouche entered and won the Democratic primary for
Lieutenant Governor and Secretary of State. The Democratic Party leadership successfully
withheld all support from the LaRouche candidates. Fairchild v. Demuzio, No. 1986-CH-5715
(Cook Cty.Cir. 1986).
V. [6.60] NEW POLITICAL PARTIES
The Election Code distinguishes between new and established political parties for purposes of
nominating candidates for office. As discussed in §6.3 above, an established political party is a
new political party that received at least five percent of the total vote at the last general election.
10 ILCS 5/10-2. Established political parties are required to nominate candidates through either
primary election or caucus procedures. 10 ILCS 5/7-2.
A. Forming New Political Parties
1. Petition Filing Requirements
a. [6.61] Number of Signatures
Any group wishing to create a new statewide political party must file with the State Board of
Elections a petition signed by 25,000 voters or one percent of the number of voters at the last
preceding general election, whichever is less. Petitions for parties operating in political
subdivisions, such as counties or municipalities, must be signed by a number of voters equaling
not less than five percent of the number of voters at the last general election in that political
subdivision or the number necessary for a new statewide party, whichever is less. 10 ILCS 5/102. This five-percent signature threshold has been upheld in the face of a challenge at the
congressional district level. Libertarian Party of Illinois v. Rednour, 108 F.3d 768 (7th Cir.
1997).
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There are special petition requirements regarding the formation of new parties for the first
election following a redistricting (i.e., 2002). Petitions for new parties in a congressional district
must be signed by 5,000 qualified voters of the district. In Druck v. Illinois State Board of
Elections, 387 Ill.App.3d 144, 899 N.E.2d 437, 444, 326 Ill.Dec. 220 (1st Dist. 2008), the court,
in upholding the signature threshold for new party congressional candidates, concluded that “the
requirement in section 10-2 of the Election Code of having of a new political party file
nominating petitions containing 5,000 signatures in the first election that follows a redistricting is
a reasonable and nondiscriminatory way to have a party and its candidate demonstrate a modicum
of support.” For legislative districts, petitions must contain 3,000 signatures of qualified voters of
the legislative district. Petitions for a new party in a representative district must contain 1,500
signatures. 10 ILCS 5/10-2. New parties in county board districts and municipal wards or districts
must file petitions signed by a number of voters equal to five percent of the total number of votes
cast at the preceding general or municipal election for the office voted for that received the
greatest number of votes cast for all candidates, divided by the number of districts or wards, with
a minimum of 25 qualified voters. Id.
A new party may not be constitutionally required to file more signatures for a political
subdivision than would be required to form a new party in a statewide basis. Norman v. Reed, 502
U.S. 279, 116 L.Ed.2d 711, 112 S.Ct. 698 (1992). Norman involved a challenge to the Illinois
statute requiring a new political party for the offices of Cook County Commissioners to obtain
25,000 petition signatures from Chicago and another 25,000 from suburban Cook County. The
Supreme Court held that this system was an unconstitutional burden on the supporters of the new
political party and invalidated the statute.
b. [6.62] Restrictions on Circulating
Regarding the specifics of nominating petitions, new political parties are subject to the
requirements of Election Code §10-4. For new parties, the most significant provision of §10-4 is
“no person shall circulate or certify petitions for candidates of more than one political party . . . to
be voted upon at the next primary or general election.” 10 ILCS 5/10-4. This section has been
upheld in the face of constitutional challenges alleging that the provision violates the First
Amendment freedoms of association and speech. Citizens for John W. Moore Party v. Board of
Election Commissioners of City of Chicago, 845 F.2d 144 (7th Cir. 1988). In that case, a
candidate for the Republican Party primary withdrew and attempted to run as a candidate of the
“John W. Moore Party” in the general election. The John W. Moore Party was removed from the
ballot pursuant to §10-4 because the candidate had circulated his own petitions for both the
primary and general elections. The court affirmed the removal because §10-4 “simply does not
regulate speech.” 845 F.2d at 146. The court reasoned, “§10-4 injures Moore in his quest to be a
candidate and not in his role as speaker, and there is no fundamental right to be a candidate.” 845
F.2d at 148.
Similarly, §10-4 has been upheld in the face of a challenge under the Illinois Constitution.
Schober v. Young, 322 Ill.App.3d 996, 751 N.E.2d 610, 256 Ill.Dec. 220 (4th Dist. 2001). The
viability of Moore and Schober might be questioned under recent law holding that states have
little authority to regulate who circulates nomination petitions, as opposed to who signs them.
Krislov v. Rednour, 226 F.3d 851, 859 (7th Cir. 2000).
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c. [6.63] Time for Filing
New parties must file their petitions for offices to be filled at the general election between
141 and 134 days prior to the election. 10 ILCS 5/10-6. This deadline was set by legislation in
1999 and moved the deadline up from the prior period of between 99 and 92 days prior to the
general election. The Seventh Circuit Court of Appeals rejected Ralph Nader’s 2004 claim that
this new filing deadline violated his First Amendment rights. Nader v. Keith, 385 F.3d 729 (7th
Cir. 2004). In a related case, the Seventh Circuit ruled that the statutory provision requiring
independent candidates to file nomination papers at the same time as established political parties,
i.e., before the primary election, violated independent candidates’ First Amendment rights. Lee v.
Keith, 463 F.3d 763 (7th Cir. 2006). In its ruling, the court noted that the “mid-December filing
deadline — with the general election still nearly 11 months away — is by far the earliest deadline
in the nation” and that the law “forces the new party candidate and his or her supporters to
associate as a political party even though their true intention is to advance an independent
candidacy.” 463 F.3d at 768, 772. As a result, the General Assembly amended §10-6 of the
Election Code to provide that independent candidates file nominating papers at the same time as
new party, rather than established party, candidates. 10 ILCS 5/10-6.
New political parties for offices to be filled at the consolidated election or consolidated
primary election, such as municipal offices, must be filed between 113 and 106 days prior to the
election.
2. [6.64] Full Slate of Candidates
Petitions for the creation of a new political party must contain a complete list of the party’s
candidates for all offices to be filled in the ensuing election. 10 ILCS 5/10-2. In other words, new
parties are required to file an entire slate of candidates. The full-slate requirement has been
upheld in the face of constitutional challenge, and the failure to comply will result in the removal
of candidates who are not part of the full slate. Green Party v. Henrichs, 355 Ill.App.3d 445, 822
N.E.2d 910, 291 Ill.Dec. 35 (3d Dist. 2005). On the other hand, if one candidate is disqualified,
the other candidates may remain on the ballot. Anderson v. Schneider, 67 Ill.2d 165, 365 N.E.2d
900, 8 Ill.Dec. 514 (1977) (disqualification of one candidate for failure to meet residency
requirement did not disqualify entire slate); Black v. Cook County Officers Electoral Board, 750
F.Supp. 901 (N.D.Ill. 1990) (new party not required to file full slate of judicial candidates); Reed
v. Kusper, 154 Ill.2d 77, 607 N.E.2d 1198, 180 Ill.Dec. 685 (1992).
3. [6.65] Certificate of Officers
Nominating petitions for new parties must attach a certificate listing the party officers eligible
to fill vacancies in nomination. 10 ILCS 5/10-5. This provision is not, however, interpreted as a
condition precedent to ballot access. Rather, this provision applies only if the party attempts to fill
a vacancy on the ballot. Peoples Independent Party v. Petroff, 191 Ill.App.3d 706, 548 N.E.2d
145, 138 Ill.Dec. 915 (5th Dist. 1989). In Petroff, a challenge was made to the petitions of the
“People’s Independent Party” solely for failure to attach a certificate listing the party officers.
The court concluded that the provision in §10-5 that “a new political party petition shall have
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attached thereto a certificate stating the names and addresses of the party officers” (10 ILCS
5/10-5), was directory rather than mandatory because there were no sanctions enumerated for
violation, there was no evidence of fraud, and there was no showing that the integrity of the
election would be adversely affected.
4. [6.66] Insufficiency of Petitions
New political parties must ensure that their petitions are sufficient when filed because, unlike
established parties, the invalidity of petitions following a challenge will not create a vacancy in
nomination which could be filled by the party leadership. People ex rel. Vigilant Party v. Village
of Dolton, 118 Ill.App.2d 392, 254 N.E.2d 832 (1st Dist. 1969). A new party may not use the
vacancy provisions of 10 ILCS 5/10-11 to replace candidates on the ballot who were removed for
filing defective petitions. People ex rel. Voters for Progress Party v. Wilk, 118 Ill.App.2d 386,
254 N.E.2d 834, 837 (1st Dist. 1969) (“[P]laintiffs’ petition to form a new political party was held
insufficient and inoperative by the electoral board. Therefore, there was no new political party or
any certifiable nominees thereof. There were no vacancies to fill.”).
5. [6.67] Statement of Economic Interests
Under Election Code §10-5, nominating petitions must also include a statement of economic
interests as required by the Illinois Governmental Ethics Act, 5 ILCS 420/1-101, et seq. Unlike
failure to comply with the requirement of a full slate or certificate of officers, however, failure to
comply with this provision is fatal to the petitions. Section 10-5 specifically provides:
“Nomination papers . . . are not valid if the candidate . . . fails to file a statement of economic
interests.” 10 ILCS 5/10-5. Purnell v. Municipal Officers Electoral Board for City of Chicago,
275 Ill.App.3d 1038, 657 N.E.2d 55, 212 Ill.Dec. 360 (1st Dist. 1995); Jones v. Municipal
Officers Electoral Board, 112 Ill.App.3d 926, 446 N.E.2d 256, 68 Ill.Dec. 522 (1st Dist. 1983)
(candidate removed from ballot for failure to file statement of economic interests and for placing
title “Reverend” on nominating petitions).
B. [6.68] Names of New Political Parties
Petitions for the creation of new parties must set forth the name of the party in five words or
less. 10 ILCS 5/10-2. Also, new parties may not bear the same name as nor include the name of
an established political party, including an abbreviated form. Doty v. Representation for Every
Person (REP) Party, 97 Ill.App.3d 316, 422 N.E.2d 1156, 52 Ill.Dec. 947 (1st Dist. 1981) (use of
name “REP Party” prohibited due to possible voter confusion with Republican Party).
Slightly altering the name of an established party also violates this prohibition. See Ballentine
v. Bardwell, 132 Ill.App.3d 1033, 478 N.E.2d 500, 88 Ill.Dec. 185 (1st Dist. 1985) (because
“United Idea Party” was established party, “New United Idea Party” violated prohibition against
new party bearing same name as established party); Vasquez v. Municipal Officers Electoral
Board, 115 Ill.App.3d 1014, 450 N.E.2d 1379, 71 Ill.Dec. 500 (3d Dist. 1983) (name “Action IV
Party” violated prohibition because “Action III Party” was established party). In both Ballentine
and Vasquez, however, rather than strike the party candidates from the ballot, the court allowed
the candidates to remain on the ballot without a party designation because the nominating
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petitions contained sufficient signatures to place the candidates on the ballot as individuals. In
contrast, a court upheld the use of “Independent Party of Countryside” as a new political party
name when the “Countryside Independent Party” had already been established in the particular
subdivision. Foster v. Municipal Officers Electoral Board, 113 Ill.App.3d 721, 447 N.E.2d 990,
69 Ill.Dec. 555 (1st Dist. 1983).
During the 1990 general election, the “Harold Washington Party” filed petitions for Cook
County offices pursuant to the petition requirements for new political parties. The Harold
Washington Party was, however, an established party in the City of Chicago as a result of gaining
more than five percent of the vote in the preceding mayoral election. After a challenge, the Cook
County Officers Electoral Board upheld the use of the name. The Illinois Supreme Court reversed
and issued an order declaring that the use of the Harold Washington Party name was illegal. Reed
v. Norman, No. 70833 (Oct. 12, 1990). The U.S. Supreme Court, shortly before the election,
stayed the order, and, per Justice Stevens, ordered the Harold Washington Party and its
candidates restored to the ballot. Norman v. Reed, 498 U.S. 931, 112 L.Ed.2d 298, 111 S.Ct. 333
(1990). The Court subsequently affirmed the use of the Harold Washington Party name. Norman
v. Reed, 502 U.S. 279, 116 L.Ed.2d 711, 112 S.Ct. 698 (1992).
C. Filling Vacancies in Nomination of a New Party Candidate
1. [6.69] Before Certification
Vacancies in the nomination of new party candidates occurring before the certification of
candidates by the election authority may be filled by the officers of the new political party. 10
ILCS 5/10-11. In order to fill a vacancy, the new party officers must file with the election
authority a resolution including the name of the original nominee and the office vacated, the date
on which the vacancy occurred, the name and address of the replacement, and the date of
selection. Id. The resolution must be filed within three days of filling the vacancy. If the
resolution is to be filed by mail, the envelope containing the resolution must be postmarked
within the three-day limit. The resolution must be filed along with a statement of candidacy and a
receipt indicating that the replacement has filed a statement of economic interests. Id.
2. [6.70] Within 15 Days of Election
Vacancies occurring 15 days or less before the election will not be filled, and the name of the
original candidate will appear on the ballot. 10 ILCS 5/10-11.
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