Full Text of HB4576 98th General Assembly
HB4576enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by adding Section | 5 | | 7-68 and changing Section 25-5 as follows: | 6 | | (10 ILCS 5/7-68 new) | 7 | | Sec. 7-68. Nominations for special election for Attorney | 8 | | General, Secretary of State, Comptroller, or Treasurer. | 9 | | (a) Whenever a special election for the office of Attorney | 10 | | General, Secretary of State, Comptroller, or Treasurer is to be | 11 | | held pursuant to Section 25-5 of this Code, nominations shall | 12 | | be made and any vacancy in nomination shall be filled pursuant | 13 | | to this Section. | 14 | | (1) If the vacancy in office or failure to qualify for | 15 | | the office occurs before the first date provided in Section | 16 | | 7-12 for filing nomination papers for the primary in the | 17 | | next even-numbered year following the commencement of the | 18 | | term, the nominations for the special election shall be | 19 | | made as otherwise provided in this Article 7. The | 20 | | nomination for the office to be filled by special election | 21 | | shall appear on the regular ballot at the primary election, | 22 | | and shall not require the use of a separate ballot. | 23 | | (2) If the vacancy in office or failure to qualify |
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| 1 | | occurs on or after the first day provided in Section 7-12 | 2 | | for filing nomination papers for the primary in the next | 3 | | even-numbered year following the commencement of the term, | 4 | | a vacancy in nomination shall be deemed to have occurred | 5 | | and the State central committee of each established | 6 | | political party shall nominate, by resolution, a candidate | 7 | | to fill such vacancy in nomination for the election to such | 8 | | office at such general election. | 9 | | The resolution to fill the vacancy in nomination shall | 10 | | include the following information: | 11 | | (A) the names of the original office holder and the | 12 | | office; | 13 | | (B) the date on which the vacancy in nomination | 14 | | occurred; | 15 | | (C) the name and address of the nominee selected to | 16 | | fill the vacancy in nomination and the date of | 17 | | selection. | 18 | | The resolution to fill the vacancy in nomination shall | 19 | | be accompanied by a Statement of Candidacy, as prescribed | 20 | | in Section 7-10, completed by the selected nominee and a | 21 | | receipt indicating that such nominee has filed a statement | 22 | | of economic interests as required by the Illinois | 23 | | Governmental Ethics Act. | 24 | | (b) Any vacancy in nomination occurring on or after the | 25 | | primary and prior to certification must be filled prior to the | 26 | | date of certification. Any vacancy in nomination occurring |
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| 1 | | after certification but prior to 15 days before the general | 2 | | election shall be filled within 8 days after the event creating | 3 | | the vacancy in nomination. | 4 | | (c) The provisions of Sections 10-8 through 10-10.1 | 5 | | relating to objections to nomination papers, hearings on | 6 | | objections and judicial review, shall also apply to and govern | 7 | | objections to nomination papers and resolutions for filling | 8 | | vacancies in nomination filed pursuant to this Section. | 9 | | (d) Unless otherwise specified herein, the nomination and | 10 | | special election provided for in this Section shall be governed | 11 | | by this Code.
| 12 | | (10 ILCS 5/25-5) (from Ch. 46, par. 25-5)
| 13 | | Sec. 25-5.
In accordance with Section 7 of Article V of the | 14 | | Illinois Constitution of 1970, if the Attorney General, | 15 | | Secretary of State, Comptroller, or Treasurer fails to qualify, | 16 | | or if his or her office becomes vacant, the Governor shall fill | 17 | | the office by appointment. If there are 28 months or less | 18 | | remaining in the term at the time of the vacancy or failure to | 19 | | qualify, the appointed officer shall serve for the remainder of | 20 | | the term. If there are more than 28 months remaining in the | 21 | | term at the time of the vacancy or failure to qualify, the | 22 | | office shall be filled by a special election to be held at the | 23 | | next general election. In the case of a special election | 24 | | pursuant to this Section, the appointed officer shall serve | 25 | | until the election results are certified and the person elected |
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| 1 | | at the special election is qualified. Nominations shall be made | 2 | | in accordance with Section 7-68 of this Code. For purposes of | 3 | | this Section, a special election shall not be held if the | 4 | | person elected to the office failed to qualify for a period of | 5 | | less than 30 calendar days. The office to be filled by special | 6 | | election shall appear on the regular ballot at the general | 7 | | election, and shall not require the use of a separate ballot. | 8 | | When a vacancy shall occur in the office of Secretary of State, | 9 | | State
Comptroller, Treasurer or Attorney General, the Governor | 10 | | shall fill the
same by appointment, and the appointee shall | 11 | | hold his office during the
remainder of the term, and until his | 12 | | successor is elected and qualified.
| 13 | | (Source: P.A. 78-592.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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