Full Text of SB0761 95th General Assembly
SB0761ham002 95TH GENERAL ASSEMBLY
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Rep. David Reis
Filed: 1/12/2009
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| AMENDMENT TO SENATE BILL 761
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| AMENDMENT NO. ______. Amend Senate Bill 761, AS AMENDED, | 3 |
| with reference to the page and line numbers of House Amendment | 4 |
| No. 1, as follows:
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| on page 1, by replacing line 5 with the following: | 6 |
| "Sections 2A-1, 9-35, and 19A-15 and by adding Sections 16-12, | 7 |
| 24A-23, 24B-21, 24C-20, and 25-9 as follows:
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| (10 ILCS 5/2A-1) (from Ch. 46, par. 2A-1)
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| (Text of Section WITH the changes made by P.A. 89-719, | 10 |
| which has been
held unconstitutional)
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| Sec. 2A-1.
All Elections - Governed by this Code - | 12 |
| Construction of
Article 2A.
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| (a) No public question may be submitted to any voters in | 14 |
| this State, nor
may any person be nominated for public office | 15 |
| or elected to public or
political party office in this State |
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| except pursuant to this Code,
notwithstanding the provisions of | 2 |
| any other statute or municipal charter.
However, this Code | 3 |
| shall not apply to elections for officers or public
questions | 4 |
| of local school councils established pursuant to Chapter 34 of
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| the School Code, soil and water conservation districts or | 6 |
| drainage
districts, except as specifically made applicable by | 7 |
| another statute.
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| (b) All elections in this State shall be held in accordance | 9 |
| with the
consolidated schedule of elections established in | 10 |
| Sections 2A-1.1 and
2A-1.2. No election may be held on any date | 11 |
| other than a date on which
an election is scheduled under | 12 |
| Section 2A-1.1, except special primaries and special elections | 13 |
| pursuant to Section 25-9, special elections
to fill | 14 |
| congressional vacancies held pursuant to writs of election
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| issued by the Governor, judicial elections to fill vacancies in | 16 |
| the office of
Supreme Court Judge held pursuant to writs of | 17 |
| election issued by the
Governor under subsection (a-5) of | 18 |
| Section 2A-9, township referenda and votes
of the town electors
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| held at the annual town meeting, emergency referenda approved | 20 |
| pursuant to
Section 2A-1.4, special elections held between | 21 |
| January 1, 1995 and July 1,
1995 under Section 34-53 of the | 22 |
| School Code, and city, village or
incorporated town primary | 23 |
| elections in
even-numbered years expressly authorized in this | 24 |
| Article to provide for
annual partisan elections.
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| (c) At the respective elections established in Section | 26 |
| 2A-1.1,
candidates shall be elected to office, nominated for |
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| election thereto or
placed on the ballot as otherwise required | 2 |
| by this Code, and public
questions may be submitted, as | 3 |
| specified in Section 2A-1.2.
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| (d) If the requirements of Section 2A-1.2 conflict with any | 5 |
| specific
provision of Sections 2A-2 through 2A-54, as applied | 6 |
| to any office or
election, the requirements of Section 2A-1.2 | 7 |
| prevail, and shall be
enforced by the State Board of Elections.
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| (e) In the event any court of competent jurisdiction | 9 |
| declares an
election void, the court may order another election | 10 |
| without regard to
the schedule of elections set forth in this | 11 |
| Article.
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| (Source: P.A. 89-719, eff. 3-7-97 .)
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| (Text of Section WITHOUT the changes made by P.A. 89-719, | 14 |
| which has been
held unconstitutional)
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| Sec. 2A-1.
All Elections - Governed by this Code - | 16 |
| Construction of
Article 2A.
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| (a) No public question may be submitted to any voters in | 18 |
| this State, nor
may any person be nominated for public office | 19 |
| or elected to public or
political party office in this State | 20 |
| except pursuant to this Code,
notwithstanding the provisions of | 21 |
| any other statute or municipal charter.
However, this Code | 22 |
| shall not apply to elections for officers or public
questions | 23 |
| of local school councils established pursuant to Chapter 34 of
| 24 |
| the School Code, soil and water conservation districts or | 25 |
| drainage
districts, except as specifically made applicable by |
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| another statute.
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| (b) All elections in this State shall be held in accordance | 3 |
| with the
consolidated schedule of elections established in | 4 |
| Sections 2A-1.1 and
2A-1.2. No election may be held on any date | 5 |
| other than a date on which
an election is scheduled under | 6 |
| Section 2A-1.1, except special primaries and special elections | 7 |
| pursuant to Section 25-9, special elections
to fill | 8 |
| congressional vacancies held pursuant to writs of election
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| issued by the Governor, township referenda and votes of the | 10 |
| town electors
held at the annual town meeting, emergency | 11 |
| referenda approved pursuant to
Section 2A-1.4, special | 12 |
| elections held between January 1, 1995 and July 1,
1995 under | 13 |
| Section 34-53 of the School Code, and city, village or | 14 |
| incorporated
town primary elections in even-numbered years | 15 |
| expressly authorized in this
Article to provide for annual | 16 |
| partisan elections.
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| (c) At the respective elections established in Section | 18 |
| 2A-1.1,
candidates shall be elected to office, nominated for | 19 |
| election thereto or
placed on the ballot as otherwise required | 20 |
| by this Code, and public
questions may be submitted, as | 21 |
| specified in Section 2A-1.2.
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| (d) If the requirements of Section 2A-1.2 conflict with any | 23 |
| specific
provision of Sections 2A-2 through 2A-54, as applied | 24 |
| to any office or
election, the requirements of Section 2A-1.2 | 25 |
| prevail, and shall be
enforced by the State Board of Elections.
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| (e) In the event any court of competent jurisdiction |
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| declares an
election void, the court may order another election | 2 |
| without regard to
the schedule of elections set forth in this | 3 |
| Article.
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| (Source: P.A. 88-511.)"; and
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| on page 5, by inserting after line 2 the following: | 6 |
| "(10 ILCS 5/16-12 new) | 7 |
| Sec. 16-12. Separate ballots for 2009 special primary and | 8 |
| special election. Notwithstanding any other provision of this | 9 |
| Code, an election authority may prepare and use ballots for the | 10 |
| special primary and special election conducted pursuant to | 11 |
| Section 25-9 that are separate from the 2009 consolidated | 12 |
| primary and consolidated election ballots. This Section is | 13 |
| repealed on January 1, 2010. | 14 |
| (10 ILCS 5/19A-15)
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| Sec. 19A-15. Period for early voting; hours.
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| (a) The period for early voting by personal appearance | 17 |
| begins the 22nd day preceding a general primary, consolidated | 18 |
| primary, consolidated, or
general election , a special primary | 19 |
| conducted pursuant to Section 25-9, or a special election | 20 |
| conducted pursuant to Section 25-9 and extends through the 5th | 21 |
| day before election day.
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| (b) A permanent polling place for early voting must remain | 23 |
| open during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. |
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| to 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on | 2 |
| Saturdays, Sundays, and holidays.
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| (Source: P.A. 94-645, eff. 8-22-05.) | 4 |
| (10 ILCS 5/24A-23 new) | 5 |
| Sec. 24A-23. Separate ballot cards for 2009 special primary | 6 |
| and special election. Notwithstanding any other provision of | 7 |
| this Code, an election authority may prepare and use ballot | 8 |
| cards for the special primary and special election conducted | 9 |
| pursuant to Section 25-9 that are separate from the 2009 | 10 |
| consolidated primary and consolidated election ballot cards. | 11 |
| This Section is repealed on January 1, 2010. | 12 |
| (10 ILCS 5/24B-21 new) | 13 |
| Sec. 24B-21. Separate ballot sheets for 2009 special | 14 |
| primary and special election. Notwithstanding any other | 15 |
| provision of this Code, an election authority may prepare and | 16 |
| use ballot sheets for the special primary and special election | 17 |
| conducted pursuant to Section 25-9 that are separate from the | 18 |
| 2009 consolidated primary and consolidated election ballot | 19 |
| sheets. This Section is repealed on January 1, 2010. | 20 |
| (10 ILCS 5/24C-20 new) | 21 |
| Sec. 24C-20. Separate ballot screens for 2009 special | 22 |
| primary and special election. Notwithstanding any other | 23 |
| provision of this Code, an election authority may prepare and |
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LRB095 05404 JAM 53986 a |
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| use ballot screens for the special primary and special election | 2 |
| conducted pursuant to Section 25-9 that are separate from the | 3 |
| 2009 consolidated primary and consolidated election ballot | 4 |
| screens. This Section is repealed on January 1, 2010. | 5 |
| (10 ILCS 5/25-9 new) | 6 |
| Sec. 25-9. Special provisions for filling a vacancy in the | 7 |
| office of U. S. Senator. | 8 |
| (a) Notwithstanding any other provision of this Code, each | 9 |
| vacancy following the 2008 general election and occurring on or | 10 |
| before January 1, 2009 in the office of United States Senator | 11 |
| must be filled in accordance with the provisions of this | 12 |
| Section. Any temporary appointment made pursuant to Section | 13 |
| 25-8 shall expire upon certification of the results of any | 14 |
| special election conducted pursuant to this Section. | 15 |
| (b) If and only if this amendatory Act of the 95th General | 16 |
| Assembly takes effect on or before January 1, 2009, each | 17 |
| vacancy in the office of United States Senator occurring on or | 18 |
| before January 1, 2009 shall be filled by the people at a | 19 |
| special election to be held on the same day as the next | 20 |
| consolidated election. Candidates of established political | 21 |
| parties shall be nominated for the office to be filled by | 22 |
| special election at a primary election to be held on the same | 23 |
| day as the next consolidated primary election. | 24 |
| (c) If and only if this amendatory Act of the 95th General | 25 |
| Assembly takes effect on or after January 2, 2009, each vacancy |
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| in the office of United States Senator occurring on or before | 2 |
| January 1, 2009 shall be filled by the people at a special | 3 |
| election to be held on May 26, 2009. Candidates of established | 4 |
| political parties shall be nominated for the office to be | 5 |
| filled by special election at a special primary election to be | 6 |
| held on the same day as the consolidated election held on April | 7 |
| 7, 2009. | 8 |
| (d) Within 5 days after the effective date of this | 9 |
| amendatory Act of the 95th General Assembly, the Governor must | 10 |
| issue all writs of election necessary to carry out the | 11 |
| provisions of this Section. If the Governor fails to issue all | 12 |
| such writs within the 5-day period, then the Lieutenant | 13 |
| Governor shall issue those writs within 3 days after the end of | 14 |
| that 5-day period. | 15 |
| (e) If this Section requires that a special primary be | 16 |
| conducted at the 2009 consolidated primary within a | 17 |
| municipality that by law is permitted to not conduct a | 18 |
| consolidated primary, then the special primary required by this | 19 |
| Section must nonetheless be conducted in that municipality on | 20 |
| the day specified by this Code for the consolidated primary. | 21 |
| (f) The State Board of Elections shall by emergency rule | 22 |
| establish the time periods with respect to special primaries | 23 |
| and special elections required under this Section for (i) | 24 |
| circulation and filing of nominating petitions, (ii) filing, | 25 |
| hearing, and determination of objections, (iii) certification | 26 |
| of candidates, (iv) notification to qualified electors, (v) |
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| absentee voting, (vi) canvassing of votes, (vii) declaration of | 2 |
| results, and (viii) any other activity required for the conduct | 3 |
| of the special primary or special election. | 4 |
| (g) This Section is repealed on January 1, 2010. ".
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