HB3793 96TH GENERAL ASSEMBLY

LRB096 11664 JAM 22271 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3793

Introduced 2/25/2009, by Rep. Julie Hamos - Paul D. Froehlich - Mike Boland - Harry Osterman - Sidney H. Mathias, et al.

SYNOPSIS AS INTRODUCED:

10 ILCS 5/2A-1	from Ch. 46, par. 2A-1
10 ILCS 5/25-8	from Ch. 46, par. 25-8

Amends the Election Code. When a vacancy occurs in the office of U.S. Senator, requires that: (i) the Governor make a temporary appointment and the office be filled at the next general election at which that office is scheduled to be filled, if the vacancy occurs less than one year before that election, and (ii) the vacancy be filled by the Governor by temporary appointment and at a special election, designated by the Governor, if the vacancy occurs one year or more before the next general election at which that office is scheduled to be filled. Requires the State to reimburse each election authority for costs associated with any special election held before January 1, 2011 to fill a vacancy in the office of U.S. Senator. Effective immediately.

FISCAL NOTE ACT MAY APPLY

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 Sections 2A-1 and 25-8 as follows:

(10 ILCS 5/2A-1) (from Ch. 46, par. 2A-1)

(Text of Section WITH the changes made by P.A. 89-719, which has been held unconstitutional)

Sec. 2A-1. All Elections - Governed by this Code - Construction of Article 2A.

(a) No public question may be submitted to any voters in this State, nor may any person be nominated for public office or elected to public or political party office in this State except pursuant to this Code, notwithstanding the provisions of any other statute or municipal charter. However, this Code shall not apply to elections for officers or public questions of local school councils established pursuant to Chapter 34 of the School Code, soil and water conservation districts or drainage districts, except as specifically made applicable by another statute.

(b) All elections in this State shall be held in accordance with the consolidated schedule of elections established in Sections 2A-1.1 and 2A-1.2. No election may be held on any date other than a date on which an election is scheduled under Section 2A-1.1, except special elections to fill congressional vacancies held pursuant to writs of election issued by the Governor, special elections to fill vacancies in the office of United States Senator from this State held pursuant to Section 25-8, judicial elections to fill vacancies in the office of Supreme Court Judge held pursuant to writs of election issued by the Governor under subsection (a-5) of Section 2A-9, township referenda and votes of the town electors held at the annual town meeting, emergency referenda approved pursuant to Section 2A-1.4, special elections held between January 1, 1995 and July 1, 1995 under Section 34-53 of the School Code, and city, village or incorporated town primary elections in even-numbered years expressly authorized in this Article to provide for annual partisan elections.

(c) At the respective elections established in Section 2A-1.1, candidates shall be elected to office, nominated for election thereto or placed on the ballot as otherwise required by this Code, and public questions may be submitted, as specified in Section 2A-1.2.

(d) If the requirements of Section 2A-1.2 conflict with any specific provision of Sections 2A-2 through 2A-54, as applied to any office or election, the requirements of Section 2A-1.2 prevail, and shall be enforced by the State Board of Elections.

(e) In the event any court of competent jurisdiction declares an election void, the court may order another election without regard to the schedule of elections set forth in this Article.

(Source: P.A. 89-719, eff. 3-7-97.)

(Text of Section WITHOUT the changes made by P.A. 89-719, which has been held unconstitutional)

Sec. 2A-1. All Elections - Governed by this Code - Construction of Article 2A.

(a) No public question may be submitted to any voters in this State, nor may any person be nominated for public office or elected to public or political party office in this State except pursuant to this Code, notwithstanding the provisions of any other statute or municipal charter. However, this Code shall not apply to elections for officers or public questions of local school councils established pursuant to Chapter 34 of the School Code, soil and water conservation districts or drainage districts, except as specifically made applicable by another statute.

(b) All elections in this State shall be held in accordance with the consolidated schedule of elections established in Sections 2A-1.1 and 2A-1.2. No election may be held on any date other than a date on which an election is scheduled under Section 2A-1.1, except special elections to fill congressional vacancies held pursuant to writs of election issued by the Governor, special elections to fill vacancies in the office of United States Senator from this State held pursuant to Section 25-8, township referenda and votes of the town electors held at the annual town meeting, emergency referenda approved pursuant to Section 2A-1.4, special elections held between January 1, 1995 and July 1, 1995 under Section 34-53 of the School Code, and city, village or incorporated town primary elections in even-numbered years expressly authorized in this Article to provide for annual partisan elections.

(c) At the respective elections established in Section 2A-1.1, candidates shall be elected to office, nominated for election thereto or placed on the ballot as otherwise required by this Code, and public questions may be submitted, as specified in Section 2A-1.2.

(d) If the requirements of Section 2A-1.2 conflict with any specific provision of Sections 2A-2 through 2A-54, as applied to any office or election, the requirements of Section 2A-1.2 prevail, and shall be enforced by the State Board of Elections.

(e) In the event any court of competent jurisdiction declares an election void, the court may order another election without regard to the schedule of elections set forth in this Article.

(Source: P.A. 88-511.)

(10 ILCS 5/25-8) (from Ch. 46, par. 25-8)

Sec. 25-8. Vacancy in office of U.S. Senator.

(a) When a vacancy shall occur in the office of United States Senator from this state less than one year before the next regularly scheduled election to fill that office of United States Senator, the Governor shall make temporary appointment to fill such vacancy until the next election of representatives in Congress, at which time such vacancy shall be filled by election at that regularly scheduled election.

(b) When a vacancy occurs in the office of United States Senator from this State one year or more before the next regularly scheduled election to fill that office of United States Senator, the office shall remain vacant until it is filled by election at a special election. Within 5 days after the vacancy occurs, the Governor, in consultation with the State Board of Elections, shall issue writs of election to the State Board of Elections and to the election authorities throughout the State, designating the dates of the special primary and special election. The date of the special election shall be within 115 days after the vacancy occurs. Candidates for the office of United States Senator shall be nominated by established political parties at a special primary. The person elected at the special election shall serve the unexpired portion of the vacated term of office.

The Governor shall fill a vacancy subject to this subsection by temporary appointment. The person so appointed shall serve until the person elected at the special election takes office.

(c) The , and the senator so elected pursuant to this Section shall take office as soon thereafter as he or she shall receive his or her certificate of election.

(d) The State shall reimburse each election authority for the costs associated with any special election held pursuant to this Section before January 1, 2011.

(Source: Laws 1943, vol. 2, p. 1.)

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