SB1428 96TH GENERAL ASSEMBLY

LRB096 00193 JAM 10196 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1428

Introduced 2/11/2009, by Sen. Matt Murphy

SYNOPSIS AS INTRODUCED:

10 ILCS 5/7-61

from Ch. 46, par. 7-61

Amends the Election Code. Provides that when a vacancy in nomination occurs on or after the general primary but more than 90 days before certification of candidates for the general election ballot, other than because no candidate's name appeared on the general primary ballot and no write-in candidate was nominated, the vacancy may be filled only at a special primary election on a date set by the State Board of Elections but at least 30 days before the date of certification. Permits a vacancy in nomination occurring less than 91 days before certification of candidates for the general election ballot but more than 15 days before the general election to be filled by the political party's nominating committee only if the vacancy is due to the candidate's death or incapacitating illness. Adds inability to fulfill the duties of the office sought due to illness as an event creating a vacancy in nomination. (Now, a vacancy in nomination occurring on or after the general primary and before the 15th day before the general election is filled by the party's nominating committee by certain deadlines based upon when the vacancy occurs). Effective June 1, 2009.

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 7-61 as follows:

(10 ILCS 5/7-61) (from Ch. 46, par. 7-61)

Sec. 7-61. Vacancy in nomination.

(a) Whenever a special election is necessary the provisions of this Article are applicable to the nomination of candidates to be voted for at such special election.

(b) In cases where a primary election is required for a special election, the officer or board or commission whose duty it is under the provisions of this Act relating to general elections to call an election, shall fix a date for the primary for the nomination of candidates to be voted for at such special election. Notice of such primary shall be given at least 15 days prior to the maximum time provided for the filing of petitions for such a primary as provided in Section 7-12.

(c) Except as provided in subsection (i), a vacancy in nomination occurring on or after the general primary and more than 90 days before certification of candidates for the general election ballot may be filled only by a special primary on a date set by the State Board of Elections but at least 30 days before certification of candidates for the general election ballot. The State Board shall establish the time periods with respect to that special primary for (i) circulation and filing of nominating petitions, (ii) filing, hearing, and determination of objections, (iii) certification of candidates, (iv) early and absentee voting, (v) canvassing of votes, (vi) declaration of primary results, and (vii) any other activity required for the conduct of the special primary.

A vacancy in nomination occurring less than 91 days before certification of candidates for the general election ballot but more than 15 days before the general election may be filled by resolution of the appropriate political party nominating committee (i) only if the vacancy was created by the nominee's death or inability to fulfill the duties of the office sought due to the nominee's illness and (ii) only if the vacancy is filled within 8 days after the vacancy is created.

(d) When subsection (c) does not apply, any Any vacancy in nomination under the provisions of this Article 7 occurring on or after a the primary and prior to certification of candidates by the certifying board or officer, must be filled by resolution of the appropriate political party's nominating committee prior to the date of certification or as provided in subsection (i) when that subsection applies. 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.

(e) The resolution filling a the vacancy shall be sent by U. S. mail or personal delivery to the certifying officer or board within 3 days of the action by which the vacancy was filled; provided, if such resolution is sent by mail and the U. S. postmark on the envelope containing such resolution is dated prior to the expiration of such 3 day limit, the resolution shall be deemed filed within such 3 day limit. Failure to so transmit the resolution within the time specified in this Section shall authorize the certifying officer or board to certify the original candidate.

(f) Vacancies to be filled by resolution shall be filled by the officers of a local municipal or township political party as specified in subsection (h) of Section 7-8, other than a statewide political party, that is established only within a municipality or township and the managing committee (or legislative committee in case of a candidate for State Senator or representative committee in the case of a candidate for State Representative in the General Assembly or State central committee in the case of a candidate for statewide office, including but not limited to the office of United States Senator) of the respective political party for the territorial area in which such vacancy occurs.

The resolution to fill a vacancy in nomination shall be duly acknowledged before an officer qualified to take acknowledgements of deeds and shall include, upon its face, the following information:

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

(2) (b) the date on which the vacancy occurred;

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

The resolution to fill a vacancy in nomination 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 Section 10-8 through 10-10.1 relating to objections to certificates of nomination and nomination papers, hearings on objections, and judicial review, shall apply to and govern objections to resolutions for filling a vacancy in nomination.

(g) Any vacancy in nomination occurring 15 days or less before the consolidated election or the general election shall not be filled. In this event, the certification of the original candidate shall stand and his name shall appear on the official ballot to be voted at the general election.

(h) A vacancy in nomination occurs when a candidate who has been nominated under the provisions of this Article 7 dies before the election (whether death occurs prior to, on, or after the day of the primary), is unable to fulfill the duties of the office sought due to his or her own illness, or declines the nomination; provided that nominations may become vacant for other reasons.

(i) If the name of no established political party candidate was printed on the consolidated primary ballot for a particular office and if no person was nominated as a write-in candidate for such office, a vacancy in nomination shall be created which may be filled in accordance with the requirements of this Section. If the name of no established political party candidate was printed on the general primary ballot for a particular office and if no person was nominated as a write-in candidate for such office, a vacancy in nomination shall be created, but no candidate of the party for the office shall be listed on the ballot at the general election unless such vacancy is filled in accordance with the requirements of this Section within 60 days after the date of the general primary.

(j) 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 such primary election, is ineligible to be listed on the ballot at that general or consolidated election as a candidate of another political party.

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 a candidate of another political party.

(k) In the nominating committee's proceedings to nominate a candidate to fill a vacancy or to fill a vacancy in the nomination, each precinct, township, ward, county or congressional district, as the case may be, shall through its representative on such central or managing committee, be entitled to one vote for each ballot voted in such precinct, township, ward, county or congressional district, as the case may be, by the primary electors of its party at the primary election immediately preceding the meeting at which such vacancy is to be filled.

(l) For purposes of this Section, the words "certify" and "certification" shall refer to the act of officially declaring the names of candidates entitled to be printed upon the official ballot at an election and directing election authorities to place the names of such candidates upon the official ballot. "Certifying officers or board" shall refer to the local election official, election authority or the State Board of Elections, as the case may be, with whom nomination papers, including certificates of nomination and resolutions to fill vacancies in nomination, are filed and whose duty it is to "certify" candidates.

(Source: P.A. 94-645, eff. 8-22-05.)

Section 99. Effective date. This Act takes effect June 1, 2009.