Section 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.
    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.