Full Text of HB0290 96th General Assembly
HB0290 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0290
Introduced 1/23/2009, by Rep. Sidney H. Mathias SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-61 |
from Ch. 46, par. 7-61 |
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Amends the Election Code. Beginning June 1, 2010, 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. Beginning June 1, 2010, 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. Beginning June 1, 2010, 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).
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A BILL FOR
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HB0290 |
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LRB096 03255 JAM 13272 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing Section | 5 |
| 7-61 as follows:
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| (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
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| Sec. 7-61. Vacancy in nomination. | 8 |
| (a) Whenever a special election is necessary the provisions | 9 |
| of
this Article are applicable to the nomination of candidates | 10 |
| to be voted
for at such special election.
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| (b) In cases where a primary election is required for a | 12 |
| special election, the officer or board or
commission whose duty | 13 |
| it is under the provisions of this Act relating to
general | 14 |
| elections to call an election , shall fix a date for the primary
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| for the nomination of candidates to be voted for at such | 16 |
| special
election. Notice of such primary shall be given at | 17 |
| least 15 days prior
to the maximum time provided for the filing | 18 |
| of petitions for such a
primary as provided in Section 7-12.
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| (c) This subsection applies beginning June 1, 2010. Except | 20 |
| as provided in subsection (i), a vacancy in nomination | 21 |
| occurring on or after the general primary and more than 90 days | 22 |
| before certification of candidates for the general election | 23 |
| ballot may be filled only by a special primary on a date set by |
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HB0290 |
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LRB096 03255 JAM 13272 b |
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| the State Board of Elections but at least 30 days before | 2 |
| certification of candidates for the general election ballot. | 3 |
| The State Board shall establish the time periods with respect | 4 |
| to that special primary for (i) circulation and filing of | 5 |
| nominating petitions, (ii) filing, hearing, and determination | 6 |
| of objections, (iii) certification of candidates, (iv) early | 7 |
| and absentee voting, (v) canvassing of votes, (vi) declaration | 8 |
| of primary results, and (vii) any other activity required for | 9 |
| the conduct of the special primary. | 10 |
| A vacancy in nomination occurring less than 91 days before | 11 |
| certification of candidates for the general election ballot but | 12 |
| more than 15 days before the general election may be filled by | 13 |
| resolution of the appropriate political party nominating | 14 |
| committee (i) only if the vacancy was created by the nominee's | 15 |
| death or inability to fulfill the duties of the office sought | 16 |
| due to the nominee's illness and (ii) only if the vacancy is | 17 |
| filled within 8 days after the vacancy is created. | 18 |
| (d) When subsection (c) does not apply, any Any vacancy in | 19 |
| nomination under the provisions of this Article 7
occurring on | 20 |
| or after a the primary and prior to certification of
candidates | 21 |
| by the certifying board or officer , must be filled by | 22 |
| resolution of the appropriate political party's nominating | 23 |
| committee prior to the
date of certification or as provided in | 24 |
| subsection (i) when that subsection applies . Any vacancy in | 25 |
| nomination occurring after certification
but prior to 15 days | 26 |
| before the general election shall be filled within 8 days
after |
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HB0290 |
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LRB096 03255 JAM 13272 b |
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| the event creating the vacancy. | 2 |
| (e) The resolution filling a the vacancy shall
be sent by | 3 |
| U. S. mail or personal delivery to the certifying officer or | 4 |
| board
within 3 days of the action by which the vacancy was | 5 |
| filled; provided, if such
resolution is sent by mail and the U. | 6 |
| S. postmark on the envelope containing
such resolution is dated | 7 |
| prior to the expiration of such 3 day limit, the
resolution | 8 |
| shall be deemed filed within such 3 day limit. Failure to so
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| transmit the resolution within the time specified in this | 10 |
| Section shall
authorize the certifying officer or board to | 11 |
| certify the original candidate.
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| (f) Vacancies to be filled by resolution shall be filled by | 13 |
| the officers of a local municipal or township
political party | 14 |
| as specified in subsection (h) of Section 7-8, other than a
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| statewide political party, that is established only within a | 16 |
| municipality or
township and the managing committee (or | 17 |
| legislative committee in case of a
candidate for State Senator | 18 |
| or representative committee in the case of a
candidate for | 19 |
| State Representative in the General Assembly or State central | 20 |
| committee in the case of a candidate for statewide office, | 21 |
| including but not limited to the office of United States | 22 |
| Senator) of the respective
political party for the territorial | 23 |
| area in which such vacancy occurs.
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| The resolution to fill a vacancy in nomination shall be | 25 |
| duly
acknowledged before an officer qualified to take | 26 |
| acknowledgements of deeds
and shall include, upon its face, the |
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HB0290 |
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| following information:
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| (1) (a) the name of the original nominee and the office | 3 |
| vacated;
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| (2) (b) the date on which the vacancy occurred;
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| (3) (c) the name and address of the nominee selected to | 6 |
| fill the vacancy and
the date of selection.
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| The resolution to fill a vacancy in nomination shall be | 8 |
| accompanied by a
Statement of Candidacy, as prescribed in | 9 |
| Section 7-10, completed by the
selected nominee and a receipt | 10 |
| indicating that such nominee has filed a
statement of economic | 11 |
| interests as required by the Illinois Governmental
Ethics Act.
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| The provisions of Section 10-8 through 10-10.1 relating to | 13 |
| objections to
certificates of nomination and nomination | 14 |
| papers, hearings on objections,
and judicial review, shall | 15 |
| apply to and govern objections to resolutions
for filling a | 16 |
| vacancy in nomination.
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| (g) Any vacancy in nomination occurring 15 days or less | 18 |
| before the consolidated
election or the general election shall | 19 |
| not be filled. In this event, the
certification of the original | 20 |
| candidate shall stand and his name shall
appear on the official | 21 |
| ballot to be voted at the general election.
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| (h) A vacancy in nomination occurs when a candidate who has | 23 |
| been
nominated under the provisions of this Article 7 dies | 24 |
| before the
election (whether death occurs prior to, on , or | 25 |
| after the day of the
primary), or declines the nomination ,or, | 26 |
| beginning June 1, 2010, is unable to fulfill the duties of the |
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LRB096 03255 JAM 13272 b |
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| office sought due to his or her own illness ; provided that | 2 |
| nominations may
become vacant for other reasons.
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| (i) If the name of no established political party candidate | 4 |
| was printed on
the consolidated primary ballot for a particular | 5 |
| office
and if no person was nominated as a write-in candidate | 6 |
| for such office,
a vacancy in nomination shall be created which | 7 |
| may be filled in accordance
with the requirements of this | 8 |
| Section. If the name of no established political
party | 9 |
| candidate was printed on the general primary ballot for a | 10 |
| particular
office and if no person was nominated as a write-in | 11 |
| candidate for such office,
a vacancy in nomination shall be | 12 |
| created, but no candidate of the party for the
office shall be | 13 |
| listed on the ballot at the general election unless such
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| vacancy is filled in accordance with the requirements of this | 15 |
| Section within 60
days after the date of the general primary.
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| (j) A candidate for whom a nomination paper has been filed | 17 |
| as a partisan
candidate at a primary election, and who is | 18 |
| defeated for his or her
nomination at such primary election, is | 19 |
| ineligible to be listed on the
ballot at that general or | 20 |
| consolidated election as a candidate of another
political | 21 |
| party.
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| A candidate seeking election to an office for which | 23 |
| candidates of
political parties are nominated by caucus who is | 24 |
| a participant in the
caucus and who is defeated for his or her | 25 |
| nomination at such caucus, is
ineligible to be listed on the | 26 |
| ballot at that general or consolidated
election as a candidate |
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| of another political party.
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| (k) In the nominating committee's proceedings to nominate a | 3 |
| candidate to fill a vacancy or to
fill a vacancy in the | 4 |
| nomination, each precinct, township, ward, county
or | 5 |
| congressional district, as the case may be, shall through its
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| representative on such central or managing committee, be | 7 |
| entitled to one
vote for each ballot voted in such precinct, | 8 |
| township, ward, county or
congressional district, as the case | 9 |
| may be, by the primary electors of
its party at the primary | 10 |
| election immediately preceding the meeting at
which such | 11 |
| vacancy is to be filled.
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| (l) For purposes of this Section, the words "certify" and | 13 |
| "certification"
shall refer to the act of officially declaring | 14 |
| the names of candidates
entitled to be printed upon the | 15 |
| official ballot at an election and
directing election | 16 |
| authorities to place the names of such candidates upon
the | 17 |
| official ballot. "Certifying officers or board" shall refer to | 18 |
| the
local election official, election authority or the State | 19 |
| Board of
Elections, as the case may be, with whom nomination | 20 |
| papers, including
certificates of nomination and resolutions | 21 |
| to fill vacancies in nomination,
are filed and whose duty it is | 22 |
| to "certify" candidates.
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| (Source: P.A. 94-645, eff. 8-22-05.)
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