HB4176 100TH GENERAL ASSEMBLY

LRB100 15836 RJF 30947 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4176

Introduced , by Rep. Charles Meier

SYNOPSIS AS INTRODUCED:

10 ILCS 5/7A-1

from Ch. 46, par. 7A-1

Amends the Election Code. Provides that no judge or former judge may submit his or her candidacy for a vacancy in a judicial office by any method other than seeking retention in his or her office, unless that judge or former judge is seeking judicial office in a higher or lower court or he or she has not served as an elected or appointed judge for at least 2 years.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Section 7A-1 as follows:

(10 ILCS 5/7A-1) (from Ch. 46, par. 7A-1)

Sec. 7A-1. Any Supreme, Appellate or Circuit Judge who has been elected to that office and who seeks to be retained in that office under subsection (d) of Section 12 of Article VI of the Constitution shall file a declaration of candidacy to succeed himself or herself in the office of the Secretary of State not less than 6 months before the general election preceding the expiration of his term of office. No judge or former judge may submit his or her candidacy for a vacancy in a judicial office by any method other than seeking retention in his or her office, unless that judge or former judge is seeking judicial office in a higher or lower court or he or she has not served as elected or appointed judge for at least 2 years. Within 3 business days thereafter, the Secretary of State shall certify to the State Board of Elections the names of all incumbent judges who were eligible to stand for retention at the next general election but failed to timely file a declaration of candidacy to succeed themselves in office or, having timely filed such a declaration, withdrew it. The State Board of Elections may rely upon the certification from the Secretary of State (a) to determine when vacancies in judicial office exist and (b) to determine the judicial positions for which elections will be held. The Secretary of State, not less than 63 days before the election, shall certify the Judge's candidacy to the proper election officials. The names of Judges seeking retention shall be submitted to the electors, separately and without party designation, on the sole question whether each Judge shall be retained in office for another term. The retention elections shall be conducted at general elections in the appropriate Judicial District, for Supreme and Appellate Judges, and in the circuit for Circuit Judges. The affirmative vote of three-fifths of the electors voting on the question shall elect the Judge to the office for a term commencing on the first Monday in December following his or her election.

Upon certification of a Judge's candidacy for retention by the Secretary of State, the judicial candidate may file a written request with the Secretary of State for redaction of the judicial candidate's home address information from the candidate's declaration of candidacy for retention. After receipt of the candidate's written request, the Secretary of State shall redact or cause redaction of the judicial candidate's home address from the candidate's declaration of candidacy for retention within 5 business days. For the purposes of this subsection, "home address" has the meaning as defined in Section 1-10 of the Judicial Privacy Act.

(Source: P.A. 96-886, eff. 1-1-11; 97-847, eff. 9-22-12.)