Illinois Compiled Statutes
10 ILCS 5/10-3 (2026)
Nomination of independent candidates (not candidates of any political party), for any office to be filled by the voters of the State at large may also be made by nomination papers signed in the aggregate for each candidate by 1% of the number of voters who voted in the next preceding Statewide general election or 25,000 qualified voters of the State, whichever is less
✓ current as of May 2026
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(10 ILCS 5/10-3)
(from Ch. 46, par. 10-3)
Sec. 10-3. Nomination of independent candidates (not candidates of
any political party), for any office to be filled by the voters of the
State at large may also be made by nomination papers signed in the
aggregate for each candidate by 1% of the number of voters who voted in
the next preceding Statewide general election or 25,000 qualified voters
of the State, whichever is less. Nominations of independent candidates
for public office within any district or political subdivision less than
the State, may be made by nomination papers signed in the aggregate for
each candidate by qualified voters of such district, or political
subdivision, equaling not less than 5%, nor more than 8% (or 50 more
than the minimum, whichever is greater) of the number of persons, who
voted at the next preceding regular election in such district or
political subdivision in which such district or political subdivision
voted as a unit for the election of officers to serve its respective
territorial area. However, whenever the minimum
signature requirement for an independent candidate petition for a
district or political subdivision office shall exceed the minimum number
of signatures for an independent candidate petition for an office to be
filled by the voters of the State at large at the next preceding
State-wide general election, such State-wide petition signature
requirement shall be the minimum for an independent candidate petition
for such district or political subdivision office. For the first
election following a redistricting of congressional districts,
nomination papers for an independent candidate for congressperson shall be
signed by at least 5,000 qualified voters of the congressional district.
For the first election following a redistricting of legislative
districts, nomination papers for an independent candidate for State
Senator in the General Assembly shall be signed by at
least 3,000 qualified voters of the legislative district. For the first
election following a redistricting of representative districts, nomination
papers for an independent candidate for State Representative in the General
Assembly shall be signed by at least 1,500 qualified voters of the
representative district. For the first election following redistricting of
county board districts, or of municipal wards or districts, or for the
first election following the initial establishment of such districts or
wards in a county or municipality, nomination papers
for an independent candidate for county board member, or for alderperson or
trustee of such municipality, shall be signed by qualified voters of the
district or ward equal to not less than 5% nor more than 8% (or 50 more
than the minimum, whichever is greater) of the total number of votes cast
at the preceding general or general municipal election, as the case
may be, for the county or municipal office voted on throughout such county
or municipality for which the greatest total number of votes were cast for
all candidates, divided by the number of districts or wards, but in any
event not less than 25 qualified voters of the district or ward. Each voter
signing a nomination paper shall add to his signature his place of
residence, and each voter may subscribe to one nomination for such
office to be filled, and no more: Provided that the name of any
candidate whose name may appear in any other place upon the ballot shall
not be so added by petition for the same office.
The person circulating the petition, or the candidate on whose behalf
the petition is circulated, may strike any signature from the petition,
provided that;
(1) the person striking the signature shall initial | the petition at the place where the signature is struck; and |
(2) the person striking the signature shall sign a | certification listing the page number and line number of each signature struck from the petition. Such certification shall be filed as a part of the petition. |
(3) the persons striking signatures from the petition | shall each sign an additional certificate specifying the number of certification pages listing stricken signatures which are attached to the petition and the page numbers indicated on such certifications. The certificate shall be filed as a part of the petition, shall be numbered, and shall be attached immediately following the last page of voters' signatures and before the certifications of stricken signatures. |
(4) all of the foregoing requirements shall be | necessary to effect a valid striking of any signature. The provisions of this Section authorizing the striking of signatures shall not impose any criminal liability on any person so authorized for signatures which may be fraudulent. |
In the case of the offices of Governor and Lieutenant Governor a
joint petition including one candidate for each of those offices must be
filed.
A candidate for whom a nomination paper has been filed as a partisan
candidate at a primary election, and who is defeated for his or her
nomination at the primary election, is ineligible to be placed on the
ballot as an independent candidate for election in that general or
consolidated election.
A candidate seeking election to an office for which candidates of
political parties are nominated by caucus who is a participant in the
caucus and who is defeated for his or
her nomination at such caucus, is ineligible to be listed on the ballot at
that general or consolidated election as an independent candidate.
(Source: P.A. 102-15, eff. 6-17-21.)
Notes of Decisions
Cited in 31
cases (7 in the last 5 years), 1996–2023 · leading case: Corbin v. Schroeder, 2021 IL 127052 (Ill. 2021).
Corbin v. Schroeder, 2021 IL 127052 (Ill. 2021). “10 ILCS 5/10-3 (West 2018). The Electoral Board found that Jackson and Pope justifiably relied on Village Clerk Marie Schmidt’s statements regarding the number of required signatures and thus excused their violations of section 10-3.”
Jackson-Hicks v. The East St. Louis Bd. of Election Commissioners, 2015 IL 118929 (Ill. 2015). “¶4 By law, Mayor Parks’ petitions were subject to the same rules set forth in section 10-3 of the Election Code (10 ILCS 5/10-3 (West 2012)) governing petitions filed by independent candidates.”
Jackson-Hicks v. The East St. Louis Bd. of Election Commissioners, 2015 IL 118929 (Ill. 2015). “¶4 By law, Mayor Parks’ petitions were subject to the same rules set forth in section 10-3 of the Election Code (10 ILCS 5/10-3 (West 2012)) governing petitions filed by independent candidates.”
Wilson v. Mun. Officers Electoral Bd., 2013 IL App (1st) 130957 (Ill. App. Ct. 2013). “¶5 The Board noted that, pursuant to section 10-3 of the Code (10 ILCS 5/10-3 (West 2010)) and based on the number of ballots cast in the previous consolidated election, candidates for the April 9, 2013, consolidated election were required to submit a minimum of 257 signatures…”
Jay Stone v. Bd. of Election Commissione, 750 F.3d 678 (7th Cir. 2014). “Candidates have ninety days in which to gather their signatures, 10 ILCS 5/10-4, and voters may not sign more than one nominating petition for the same office in a single election cycle, 10 ILCS 5/10-3; 65 ILCS 20/21-28(e). Chicago’s most recent general election took place in…”
Corbin v. Schroeder, 2021 IL App (2d) 210090-U (Ill. App. Ct. 2021). “) ¶7 In his objections, Corbin requested that the Board make a finding concerning which election (2017 or 2018) applied under section 10-3 of the Election Code (10 ILCS 5/10-3 (West 2018))2 to form the basis of the signature requirements.”
Protect Marriage Illinois, on Behalf of Themselves & All Others Similarly Situated v. David D. Orr, 463 F.3d 604 (7th Cir. 2006). “The plaintiffs further argue separately that Illinois has denied them the equal protection of the laws by allowing a candidate to be listed on the ballot if he has petitions signed “by 1% of the number of voters who voted in the next preceding Statewide general election or…”
Stevo v. Keith, 546 F.3d 405 (7th Cir. 2008). “10 ILCS 5/10-3; Libertarian Party v. Rednour, 108 F.”
Lenehan v. Twp. Officers Electoral Bd., 2013 IL App (1st) 130619 (Ill. App. Ct. 2013). “An objection to the nomination papers asserted the papers did not comply with section 10-3 of the Election Code (10 ILCS 5/10-3 (West 2002)), which requires independent candidates to file individual nomination papers.”
Dean v. Smith, 2017 IL App (1st) 170404 (Ill. App. Ct. 2017). “Dean contends that the Board erroneously concluded that section 10-3 of the Election Code (Code) (10 ILCS 5/10-3 (West 2014)), in conjunction with section 10-4 of the Code (10 ILCS 5/10-4 (West 2014)), requires an independent candidate to indicate his or her independent status…”
McCaskill v. Mun. Officers Electoral Bd., 2019 IL App (1st) 190190 (Ill. App. Ct. 2019). “See Wilson, 2013 IL App (1st) 130957, ¶ 18 ; 10 ILCS 5/10-3 (West 2016). ¶ 51 Nonpartisan candidates, as we have noted, run in elections where party affiliation is barred by law, either under the Election Code or the Municipal Code.”
Dean v. Smith, 2017 IL App (1st) 170404 (Ill. App. Ct. 2017). “Dean contends that the Board erroneously concluded that section 10-3 of the Election Code (Code) (10 ILCS 5/10-3 (West 2014)), in conjunction with section 10-4 of the Code (10 ILCS 5/10-4 (West 2014)), requires an independent candidate to indicate his or her independent status…”
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