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The Takeaway

Running for public office is a rewarding endeavor, but it requires careful preparation and attention to detail. For the best chance of successfully getting on a ballot:

• become familiar with the basic requirements for the office you seek
• know what paperwork needs to be completed, and do so carefully
• consult an experienced election law attorney to assist you with the process from the beginning, before potential issues occur

Introduction

Whether you’re considering running for a seat on your local school board or city council, or you’ve already been an elected official for some time, running for public office is more than making the significant request of your neighbors in asking them to entrust you with their vote. Indeed, your campaign begins long before Election Day. Being a candidate requires filing with your local election authority. And to ensure your name is on the ballot, it’s crucial to understand and follow various legal requirements.

These requirements may feel overwhelming, particularly for a first-time candidate. The pre-election process involves completing the necessary documents to run for office, collecting petition signatures, and filing the nominating papers to appear as a candidate (i.e., a Statement of Candidacy, Petitions, and Statement of Economic Interest).

Unfortunately, even a small mistake in nominating papers can draw objections that may result in electoral board hearings that will distract you from your campaign and potentially remove you from the ballot.

An experienced election law attorney is your best asset throughout this process. While the Illinois State Board of Elections provides written guides for candidates, those don’t provide all the information you’ll need. Even parts of the Illinois Election Code—the law that governs the filing of nominating papers—aren’t always clear, which can lead to legal challenges that could determine whether your name appears on the ballot on Election Day. Similarly, you may encounter local election officials that can’t—or won’t—offer appropriate guidance. (After all, this is politics.)

Tips for Successfully Getting on the Ballot

Outlined below are tips for avoiding some relatively common issues you may encounter. But again, early in your campaign you should also seek the advice and counsel of an attorney to address your individual circumstances and help ensure ballot access.

• Correctly name the office you’re seeking. For example, the elected head of a municipality may commonly be called a “Mayor,” but statutes in some municipalities may call the office “Village President,” and that’s how that office will appear on the ballot.
• Get your own name right. You may be proud of and want voters to know your title, degree, profession, or rank, but don’t attempt to use that information on the petitions you circulate. And while nicknames are generally allowable, avoid nicknames that imply any status.
• Know who can circulate petitions for you. The people who circulate your petitions don’t need to be registered in the political subdivision in which you’re running. You would be well served, however, to know the answers to these questions: Can you circulate your own petition? Will the people who circulate your petitions be available to have those petitions notarized? Do you trust that you’ll get original signatures on the petition sheets? (Photocopies aren’t allowed.)
• Know who can sign your petitions. Importantly, those signing your petition must be registered to vote in the political subdivision where you’re running. (And yes, you can sign your own petition.)
• Be careful about signing petitions of others. Signing petitions for other candidates, even if the petitions are for other offices, can lead to a troublesome situation if you signed for a candidate of another political party before you circulate your own petitions.
• “Securely fasten” your nominating petitions. If you encounter a costly electoral board challenge, having used a staple or paperclip-even for just a few pages-may be the difference between appearing or not appearing on the ballot.

Other Issues to Consider

If an opponent or any member of the public challenges your nominating papers, you may need to appear at an electoral board hearing. In such a hearing, current office holders and potential candidates sit as a panel to decide whether an alleged issue in your nominating papers should result in you not appearing on the ballot. (You may have your lawyer present at these hearings.)

Assuming you successfully navigate the nomination process and obtain a place on the ballot, other issues to consider include campaign finance and disclosure laws and your election day plans. (Will you have poll watchers? What are your plans for a recount if you have a razor-thin outcome?)

If you need help navigating your candidate nominating papers or electoral board challenges, contact HeplerBroom’s experienced Governmental and Civil Rights attorneys Matt Champlin and John Hanson.