SB0072 101ST GENERAL ASSEMBLY

LRB101 07330 RJF 52370 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0072

Introduced 1/23/2019, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

10 ILCS 5/7-11.1	from Ch. 46, par. 7-11.1
55 ILCS 5/2-6003	from Ch. 34, par. 2-6003

Amends the Election Code. Provides that, if a vacancy in the office of President of the Cook County Board occurs on or after the first day for the filing of nomination papers, then nominations for the office of President of the Cook County Board are to be made by the county central committee of each established political party. Amends the Counties Code. Provides that, in the event of a vacancy in the office of president of the county board of commissioners, the members of the county board of commissioners shall elect one of their number to serve as president of the county board of commissioners until the next special or regular election for the office of president of the county board of commissioners. Provides that, if more than 28 months remain in the unexpired term, then a special election shall be held. Provides that, if 28 months or less remain in the unexpired term, the appointed president of the county board of commissioners shall serve until the next regular election. Effective immediately.

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 7-11.1 as follows:

(10 ILCS 5/7-11.1) (from Ch. 46, par. 7-11.1)

Sec. 7-11.1. Whenever a vacancy in any elective county office is to be filled by election pursuant to Section 25-11 of this Code or Section 2-6003 of the Counties Code, nominations shall be made and any vacancy in nomination for a county office shall be filled pursuant to this Section:

(1) If the vacancy in office occurs before the first date provided in Section 7-12 for filing nomination papers for the primary in the next even numbered year following the commencement of the term, nominations for the election for filling such vacancy shall be made pursuant to this Article 7 as provided for other county offices.

(2) Except as otherwise provided in paragraph (3.5), if If the vacancy in office occurs during the time provided in Section 7-12 for filing nomination papers for county offices for the primary in the next even-numbered year following commencement of the term of office in which such vacancy occurs, the time for filing nomination papers for such office for the primary shall not be more than 91 days and not less than 85 days prior to the date of the primary election.

(3) Except as otherwise provided in paragraph (3.5), if If the vacancy in office occurs after the last day provided in Section 7-12 for filing nomination papers for any elective county office a vacancy in nomination shall be deemed to have occurred and the county central committee or the appropriate county board district committee of each established political party shall nominate, by resolution, a candidate to fill such vacancy in nomination for election to such office at such general election. In the nomination proceedings to fill such vacancy in nomination, each member of the county central committee, or the county board district committee, as the case may be, shall have the voting strength as set forth in Sections 7-8 and 7-8.01, respectively. The name of the candidate so nominated shall not appear on the ballot at the general primary election. Such vacancy in nomination shall be filled prior to the date of certification of candidates for the general election.

(3.5) If the vacancy in the Office of President of the Cook County Board occurs on or after the first day provided in Section 7-12 for filing nomination papers for the primary in the next even-numbered year following the commencement of the term, a vacancy in nomination shall be deemed to have occurred and the county central committee of each established political party shall nominate, by resolution, a candidate to fill such vacancy in nomination for the election to such office at such general election. In the nomination proceedings to fill such vacancy in nomination, each member of the county central committee shall have the voting strength as set forth in Section 7-8. The office shall not appear on the ballot at the general primary election. Any vacancy in nomination occurring on or after the primary and prior to certification must be filled prior to the date of certification. Any vacancy in nomination occurring after certification but prior to 15 days before the general election shall be filled within 8 days after the event creating the vacancy in nomination.

(4) The resolution to fill the vacancy shall be duly acknowledged before an officer qualified to take acknowledgments of deeds and shall include, upon its face, the following information:

(a) the name of the original nominee and the office vacated;

(b) the date on which the vacancy occurred;

(c) the name and address of the nominee selected to fill the vacancy and the date of selection.

The resolution to fill the vacancy shall be accompanied by a Statement of Candidacy, as prescribed in Section 7-10, completed by the selected nominee and a receipt indicating that such nominee has filed a Statement of Economic Interests as required by the Illinois Governmental Ethics Act.

The provisions of Sections 10-8 through 10-10.1 relating to objections to nomination papers, hearings on objections and judicial review, shall also apply to and govern objections to nomination papers and resolutions for filling vacancies in nomination filed pursuant to this Section.

Unless otherwise specified herein, the nomination and election provided for in this Section shall be governed by this Code.

(Source: P.A. 84-1308.)

Section 10. The Counties Code is amended by changing Section 2-6003 as follows:

(55 ILCS 5/2-6003) (from Ch. 34, par. 2-6003)

Sec. 2-6003. Vacancy in office of president. In case of the death, resignation, removal from office or other inability to act of the president so elected, the board of commissioners shall within 30 days appoint, by election, one of their number to serve as president. If if more than 28 months of the unexpired term remain, a special election shall be held the vacancy shall be filled at the next general election to elect a person , at which election one of the regularly elected or appointed members of the board of commissioners shall be elected to serve the unexpired term of the president. In the case of a special election under this Section, the appointed officer shall serve until the election results are certified and the person elected at the special election is qualified. If 28 months or less less than two years and sixty days of the unexpired term remain, the appointed officer shall serve for the remainder of the term board of commissioners shall elect one of their number to serve the unexpired term of the president.

(Source: P.A. 86-962.)

Section 99. Effective date. This Act takes effect upon becoming law.