Sen. Mike Simmons
Filed: 4/20/2021
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1 | AMENDMENT TO SENATE BILL 828
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2 | AMENDMENT NO. ______. Amend Senate Bill 828 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Section 25-6 as follows:
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6 | (10 ILCS 5/25-6) (from Ch. 46, par. 25-6)
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7 | Sec. 25-6.
(a) When a vacancy occurs in the office of State | ||||||
8 | Senator or
Representative in the General Assembly, the vacancy | ||||||
9 | shall be filled within
30 days by appointment of the | ||||||
10 | legislative or representative committee of
that legislative or | ||||||
11 | representative district of the political
party of which the | ||||||
12 | incumbent was a candidate at the time of his
election. The | ||||||
13 | appointee shall be a member of the same political party as
the | ||||||
14 | person he succeeds was at the time of his election, and shall | ||||||
15 | be
otherwise eligible to serve as a member of the General | ||||||
16 | Assembly.
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1 | (b) When a vacancy occurs in the office of a legislator | ||||||
2 | elected
other than as a candidate of a political party, the | ||||||
3 | vacancy shall be
filled within 30 days of such occurrence by | ||||||
4 | appointment of the Governor.
The appointee shall not be a | ||||||
5 | member of a political party, and shall be
otherwise eligible | ||||||
6 | to serve as a member of the General Assembly.
Provided, | ||||||
7 | however, the appropriate body of the General Assembly may, by
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8 | resolution, allow a legislator elected other than as a | ||||||
9 | candidate of a
political party to affiliate with a political | ||||||
10 | party for his term of
office in the General Assembly. A vacancy | ||||||
11 | occurring in the office of any
such legislator who affiliates | ||||||
12 | with a political party pursuant to
resolution shall be filled | ||||||
13 | within 30 days of such occurrence by
appointment of the | ||||||
14 | appropriate legislative or representative
committee of that | ||||||
15 | legislative or representative district of the political
party | ||||||
16 | with which the legislator so affiliates. The appointee shall | ||||||
17 | be a
member of the political party with which the incumbent | ||||||
18 | affiliated.
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19 | (c) For purposes of this Section, a person is a member of a
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20 | political party for 23 months after (i) signing a candidate | ||||||
21 | petition, as
to the political party whose nomination is | ||||||
22 | sought; (ii) signing a
statement of candidacy, as to the | ||||||
23 | political party where nomination or
election is sought; (iii) | ||||||
24 | signing a Petition of Political Party
Formation, as to the | ||||||
25 | proposed political party; (iv) applying for and
receiving a | ||||||
26 | primary ballot, as to the political party whose ballot is
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1 | received; or (v) becoming a candidate for election to or | ||||||
2 | accepting
appointment to the office of ward, township, | ||||||
3 | precinct or state central committeeperson.
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4 | (d) In making appointments under this Section, each | ||||||
5 | committeeperson of
the appropriate legislative or | ||||||
6 | representative committee
shall be entitled to one vote for | ||||||
7 | each vote that was received, in that
portion of the | ||||||
8 | legislative or representative district which he represents
on | ||||||
9 | the committee, by the Senator or Representative whose seat is | ||||||
10 | vacant at the
general election at which that legislator was | ||||||
11 | elected to the seat which
has been vacated and a majority of | ||||||
12 | the total number of votes received in
such election by the | ||||||
13 | Senator or Representative whose seat is vacant is
required for | ||||||
14 | the appointment of his successor; provided,
however, that in | ||||||
15 | making appointments in legislative or representative
districts | ||||||
16 | comprising only one county or part of a county
other than a | ||||||
17 | county containing 2,000,000 or more inhabitants, each | ||||||
18 | committeeperson
shall be entitled to cast only one vote.
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19 | (e) Appointments made under this Section shall be in | ||||||
20 | writing
and shall be signed by members of the legislative or | ||||||
21 | representative committee
whose total votes are sufficient to | ||||||
22 | make the appointments or by the
Governor, as the case may be. | ||||||
23 | Such appointments shall be filed with the
Secretary of State | ||||||
24 | and with the Clerk of the House of Representatives or
the | ||||||
25 | Secretary of the Senate, whichever is appropriate.
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26 | (f) An appointment made under this Section shall be for |
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1 | the
remainder of the term, except that, if the appointment is | ||||||
2 | to fill a
vacancy in the office of State Senator and the | ||||||
3 | vacancy occurs with more
than 28 months remaining in the term, | ||||||
4 | the term of the
appointment shall expire at the time of
the | ||||||
5 | next general election at which time a
Senator shall be elected | ||||||
6 | for a new term commencing on the determination
of the results | ||||||
7 | of the election and ending on the second Wednesday of
January | ||||||
8 | in the second odd-numbered year next occurring. Whenever a
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9 | Senator has been appointed to fill a vacancy and
was | ||||||
10 | thereafter elected to that office, the term of service under | ||||||
11 | the
authority of the election shall
be considered a new term of | ||||||
12 | service, separate from the term of service
rendered under the | ||||||
13 | authority of the appointment.
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14 | (g) When a vacancy occurs in the office of State Senator or | ||||||
15 | State Representative in the General Assembly, the legislative | ||||||
16 | or representative committee of that legislative or | ||||||
17 | representative district that fills the vacancy shall provide | ||||||
18 | members of the public within the district with notice of the | ||||||
19 | vacancy and the replacement process, including providing such | ||||||
20 | notice on any website or social media account associated with | ||||||
21 | the committee and contact information for the committee with | ||||||
22 | which interested members of the public may apply for | ||||||
23 | appointment. The committee shall also provide members of the | ||||||
24 | public with notice of an impending vote to fill the vacancy | ||||||
25 | within at least 6 days prior to such vote; except that during | ||||||
26 | the months of May and June, if the General Assembly is in |
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1 | session, notice shall be provided at least 2 days prior to such | ||||||
2 | vote. | ||||||
3 | (h) Any meeting held by a legislative or representative | ||||||
4 | committee for purposes of filling a vacancy in the General | ||||||
5 | Assembly shall be open to the public and shall also be recorded | ||||||
6 | and broadcast by electronic means for public consumption. | ||||||
7 | (i) For any vacancy in the office of State Senator or State | ||||||
8 | Representative that may be filled through appointment by the | ||||||
9 | Governor, the Governor shall comply with the requirements of | ||||||
10 | subsection (g) and (h) to the extent practicable in his or her | ||||||
11 | appointment of such person. | ||||||
12 | (Source: P.A. 100-1027, eff. 1-1-19 .)".
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