Will County Clerk, Ventura Seek to Clarify Civil Penalty Rule for Candidates
Will County Clerk, Ventura Seek to
Clarify Civil Penalty Rule for Candidates
Will County Clerk Annette Parker and Illinois State Sen. Rachel Ventura are working together to strengthen election integrity and accountability through Senate Bill 2764, which amends SB 2714.
Current Illinois election code (10 ILCS 5/9-30) outlines ballot forfeiture for candidates whose political committees have unpaid civil penalties assessed by the Illinois State Board of Elections.
The statute states that a candidate shall not appear on the ballot if a civil penalty imposed against their political committee remains unpaid by the date of ballot certification.
10 ILCS 5/9-30 – Ballot forfeiture:
The State Board of Elections shall not certify the name of any person whose political committee has not paid a civil penalty imposed under this Article to appear upon any ballot for any office in any election if the penalty is unpaid by the required certification date.
Under the law, the State Board of Elections must generate a list of candidates whose political committees have unpaid civil penalties and transmit that list to the relevant election authorities. Election authorities are then prohibited from placing those candidates on the ballot while the penalty remains unpaid, unless a hearing has been requested and the matter has not been resolved by the certification date.
However, the law does not clearly address what happens if a political committee pays the fine after ballot certification but within the same election cycle. Currently, there is no clear direction from the Illinois State Board of Elections or the statute itself, leaving the issue open to interpretation.
“In a process as vital as choosing our elected representatives, it is imperative that all candidates are playing by the same rules,” said state Ventura, D-Joliet, in a joint press release.
“By closing loopholes that have caused confusion and uncertainty in elections, this legislation will ensure accountability and transparency and restore confidence in the process for voters and candidates alike.”
Senate Bill 2764 would clarify the law by providing explicit direction to election authorities. The legislation would also ensure that candidates who forfeit ballot access due to unpaid civil penalties cannot later be appointed to fill the resulting vacancy on the ballot.
The proposed legislation was discussed with the Illinois Association of County Clerks and Recorders (IACCR) Legislative Committee, as well as the association’s lobbyist. No objections to the bill were raised.
“Unclear laws around unpaid State Board of Elections fines and ballot forfeiture undermine voter confidence and create unnecessary disputes,” said Parker. “Cleaning up this legislation will protect the integrity of the ballot and give election officials the clarity they need to do their job.
“I appreciate Senator Ventura’s efforts to strengthen the statute so there is a clear, enforceable standard that applies equally to every candidate and every county.”