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This entry was published on 2019-12-13
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SECTION 6-138
Independent nominations; rules
Election (ELN) CHAPTER 17, ARTICLE 6
§ 6-138. Independent nominations; rules. 1. Independent nominations
for public office shall be made by a petition containing the signatures
of registered voters of the political unit for which a nomination is
made who are registered to vote. The name of a person signing such a
petition for an election for which voters are required to be registered
shall not be counted if the name of a person who has signed such a
petition appears upon another valid and effective petition designating
or nominating the same or a different person for the same office.

2. Except as otherwise provided herein, the form of, and the rules for
a nominating petition shall conform to the rules and requirements for
designating petitions contained in this article.

3. a. The name selected for the independent body making the nomination
shall be in English characters and shall not include the name or part of
the name or an abbreviation of the name or part of the name, nor shall
the emblem or name be of such a configuration as to create the
possibility of confusion with the emblem or name of a then existing
party, or the emblem or name of an independent body selected by a
previously filed independent nominating petition for the same office.
Such name selected for such independent body shall continuously remain
the name of such party as defined in subdivision three of section 1-104
of this chapter.

b. Notwithstanding the requirements of paragraph a of this
subdivision, if the emblem or name selected for an independent body on
any independent nominating petition is the same as that selected by any
previously filed independent nominating petition for the same office,
the board of elections with which such later petition was filed shall,
not later than two days after the filing of such later filed petition,
send notice of such duplicate selection of emblem or name by first-class
mail, to the candidate for such office who was nominated by such later
filed petition, and that the candidate to whom such notice is required
to be sent may file with such board of elections, not later than seven
days after such notice was mailed, a certificate selecting a different
emblem or name.

c. A person who has been nominated or who expects to be nominated as
the candidate of an independent body for the office of President of the
United States at any election for such office may, not later than three
days after the last day to file nominating petitions, file with the
state board of elections, a special certificate which shall be
irrevocable, stating that such person does not wish to permit candidates
for any other office, except the office of Vice-President of the United
States, to appear on the ballot with the same name and emblem as the
independent body which has nominated or will nominate such candidate for
the office of President.

d. Not later than seven days after the last day to file nominating
petitions, the state board of elections shall notify each local board of
elections of the name of each candidate for President of the United
States who has filed such a special certificate, together with the name
and emblem of the independent body selected on the petition which
nominated such candidate.

e. If any candidate has been nominated for any other office by a
petition which selected the same name or emblem for an independent body
as the name or emblem selected on the petition which nominated a
candidate for President of the United States who has filed a special
certificate pursuant to paragraph c of this subdivision, the board of
elections with which the petition nominating such candidate for such
other office was filed shall, not later than ten days after the last day
to file nominating petitions, send to each such candidate, by first
class mail, notice that a special certificate pursuant to paragraph c of
this subdivision has been filed and that the candidate to whom such
notice is sent may file with such board of elections, not later than
seven days after such notice was mailed, a certificate selecting a
different name and emblem.

f. If such a petition shall not show an emblem, or if the petition
shall fail to select a name for such independent body, or if pursuant to
the provisions of paragraph b or paragraph e of this subdivision, a
candidate shall fail to select another emblem or name for such
independent body, the officer or board in whose office the petition is
filed shall select an emblem or name or both to distinguish the
candidates nominated thereby. The name and emblem shown upon such
petition or selected by a candidate authorized to make such selection by
paragraph b or paragraph e of this subdivision, or selected by an
officer or board shall also conform to the requirements of this chapter
with respect to names or emblems permitted to be selected by a party.

g. Nothing contained in this subdivision shall preclude a court of
competent jurisdiction from rejecting an independent nominating petition
if the court determines that fraud was involved in the selection of a
name or emblem.

4. A signature made earlier than six weeks prior to the last day to
file independent petitions shall not be counted. A signature on an
independent petition for a special election made earlier than the date
of the proclamation calling the special election shall not be counted.