Full Text of SB1487 100th General Assembly
SB1487 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1487 Introduced 2/9/2017, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: |
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5 ILCS 70/1.25 | from Ch. 1, par. 1026 |
10 ILCS 5/7-61 | from Ch. 46, par. 7-61 |
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Amends the Statute on Statutes. Includes a resolution filling a vacancy in office and a declaration of intent to be a write-in candidate as documents shall not (rather than may) be considered filed until it is received by the election authority. Amends the Election Code. Makes conforming changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Statute on Statutes is amended by changing | 5 | | Section 1.25 as follows:
| 6 | | (5 ILCS 70/1.25) (from Ch. 1, par. 1026)
| 7 | | Sec. 1.25.
Unless an Act otherwise specifically provides, | 8 | | any writing of any
kind or description required or authorized | 9 | | to be filed with, and any
payment of any kind or description | 10 | | required or authorized to be paid to,
the State or any | 11 | | political subdivision thereof, by the laws of this
State:
| 12 | | (1) if transmitted through the United States mail, | 13 | | shall be deemed
filed with or received by the State or | 14 | | political subdivision on the date
shown by the post office | 15 | | cancellation mark stamped upon the envelope or
other | 16 | | wrapper containing it;
| 17 | | (2) if mailed but not received by the State or | 18 | | political
subdivision, or if received but without a | 19 | | cancellation mark or with the
cancellation mark illegible | 20 | | or erroneous, shall be deemed filed with or
received by the | 21 | | State or political subdivision to which it was required
or | 22 | | authorized to be directed on the date it was mailed, but | 23 | | only if the
sender establishes by competent evidence that |
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| 1 | | the writing or payment was
deposited, properly addressed, | 2 | | in the United States mail on or before
the date on which it | 3 | | was required or authorized to be filed or was due.
In cases | 4 | | in which the writing or payment was mailed but not | 5 | | received,
the sender must also file with, or pay to, the | 6 | | State or political
subdivision to which the writing or | 7 | | payment was required or authorized
to be directed, a | 8 | | duplicate writing or payment within 30 days after
written | 9 | | notification is given to the person claiming to have sent | 10 | | the
writing or payment, by the State or political | 11 | | subdivision to which the
writing or payment was required or | 12 | | authorized to be sent, of its
non-receipt of the writing or | 13 | | payment.
| 14 | | If a writing or payment is sent by United States registered | 15 | | mail,
certified mail or certificate of mailing, a record | 16 | | authenticated by the
United States Post Office of such | 17 | | registration, certification or
certificate shall be considered | 18 | | competent evidence that the writing or
payment was mailed. The | 19 | | date of registration, certification or
certificate shall be | 20 | | deemed the postmarked date.
| 21 | | Notwithstanding any other provision of law, neither a | 22 | | petition for nomination as a candidate for political office , a | 23 | | resolution filling a vacancy in office, a declaration of intent | 24 | | to be a write-in candidate, or nor a petition to submit a | 25 | | public question to be voted upon by the electors of the State | 26 | | or of any political subdivision or district shall not may be |
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| 1 | | considered filed until it is received by the political | 2 | | subdivision, election authority, or the State Board of | 3 | | Elections, as applicable. | 4 | | (Source: P.A. 97-81, eff. 7-5-11 .)
| 5 | | Section 10. The Election Code is amended by changing | 6 | | Section 7-61 as follows:
| 7 | | (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
| 8 | | Sec. 7-61. Whenever a special election is necessary the | 9 | | provisions of
this Article are applicable to the nomination of | 10 | | candidates to be voted
for at such special election.
| 11 | | In cases where a primary election is required the officer | 12 | | or board or
commission whose duty it is under the provisions of | 13 | | this Act relating to
general elections to call an election, | 14 | | shall fix a date for the primary
for the nomination of | 15 | | candidates to be voted for at such special
election. Notice of | 16 | | such primary shall be given at least 15 days prior
to the | 17 | | maximum time provided for the filing of petitions for such a
| 18 | | primary as provided in Section 7-12.
| 19 | | Any vacancy in nomination under the provisions of this | 20 | | Article 7
occurring on or after the primary and prior to | 21 | | certification of
candidates by the certifying board or officer, | 22 | | must be filled prior to the
date of certification. Any vacancy | 23 | | in nomination occurring after certification
but prior to 15 | 24 | | days before the general election shall be filled within 8 days
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| 1 | | after the event creating the vacancy. The resolution filling | 2 | | the vacancy shall
be filed with sent by U. S. mail or personal | 3 | | delivery to the certifying officer or board
within 3 days of | 4 | | the action by which the vacancy was filled ; provided, if such
| 5 | | resolution is sent by mail and the U. S. postmark on the | 6 | | envelope containing
such resolution is dated prior to the | 7 | | expiration of such 3 day limit, the
resolution shall be deemed | 8 | | filed within such 3 day limit . Failure to so
transmit the | 9 | | resolution within the time specified in this Section shall
| 10 | | authorize the certifying officer or board to certify the | 11 | | original candidate.
Vacancies shall be filled by the officers | 12 | | of a local municipal or township
political party as specified | 13 | | in subsection (h) of Section 7-8, other than a
statewide | 14 | | political party, that is established only within a municipality | 15 | | or
township and the managing committee (or legislative | 16 | | committee in case of a
candidate for State Senator or | 17 | | representative committee in the case of a
candidate for State | 18 | | Representative in the General Assembly or State central | 19 | | committee in the case of a candidate for statewide office, | 20 | | including but not limited to the office of United States | 21 | | Senator) of the respective
political party for the territorial | 22 | | area in which such vacancy occurs.
| 23 | | The resolution to fill a vacancy in nomination shall be | 24 | | duly
acknowledged before an officer qualified to take | 25 | | acknowledgements of deeds
and shall include, upon its face, the | 26 | | following information:
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| 1 | | (a) the name of the original nominee and the office | 2 | | vacated;
| 3 | | (b) the date on which the vacancy occurred;
| 4 | | (c) the name and address of the nominee selected to fill | 5 | | the vacancy and
the date of selection.
| 6 | | The resolution to fill a vacancy in nomination shall be | 7 | | accompanied by a
Statement of Candidacy, as prescribed in | 8 | | Section 7-10, completed by the
selected nominee and a receipt | 9 | | indicating that such nominee has filed a
statement of economic | 10 | | interests as required by the Illinois Governmental
Ethics Act.
| 11 | | The provisions of Section 10-8 through 10-10.1 relating to | 12 | | objections to
certificates of nomination and nomination | 13 | | papers, hearings on objections,
and judicial review, shall | 14 | | apply to and govern objections to resolutions
for filling a | 15 | | vacancy in nomination.
| 16 | | Any vacancy in nomination occurring 15 days or less before | 17 | | the consolidated
election or the general election shall not be | 18 | | filled. In this event, the
certification of the original | 19 | | candidate shall stand and his name shall
appear on the official | 20 | | ballot to be voted at the general election.
| 21 | | A vacancy in nomination occurs when a candidate who has | 22 | | been
nominated under the provisions of this Article 7 dies | 23 | | before the
election (whether death occurs prior to, on or after | 24 | | the day of the
primary), or declines the nomination; provided | 25 | | that nominations may
become vacant for other reasons.
| 26 | | If the name of no established political party candidate was |
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| 1 | | printed on
the consolidated primary ballot for a particular | 2 | | office
and if no person was nominated as a write-in candidate | 3 | | for such office,
a vacancy in nomination shall be created which | 4 | | may be filled in accordance
with the requirements of this | 5 | | Section. If the name of no established political
party | 6 | | candidate was printed on the general primary ballot for a | 7 | | particular
office and if no person was nominated as a write-in | 8 | | candidate for such office,
a vacancy in nomination shall be | 9 | | filled only by a person designated by the appropriate committee | 10 | | of the political party and only if that designated person files | 11 | | nominating petitions with the number of signatures required for | 12 | | an established party candidate for that office within 75 days | 13 | | after the day of the general primary. The circulation period | 14 | | for those petitions begins on the day the appropriate committee | 15 | | designates that person. The person shall file his or her | 16 | | nominating petitions, statements of candidacy, notice of | 17 | | appointment by the appropriate committee, and receipt of filing | 18 | | his or her statement of economic interests together. These | 19 | | documents shall be filed at the same location as provided in | 20 | | Section 7-12. The electoral boards having jurisdiction under | 21 | | Section 10-9 to hear and pass upon objections to nominating | 22 | | petitions also shall hear and pass upon objections to | 23 | | nomination petitions filed by candidates under this paragraph.
| 24 | | A candidate for whom a nomination paper has been filed as a | 25 | | partisan
candidate at a primary election, and who is defeated | 26 | | for his or her
nomination at such primary election, is |
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| 1 | | ineligible to be listed on the
ballot at that general or | 2 | | consolidated election as a candidate of another
political | 3 | | party.
| 4 | | A candidate seeking election to an office for which | 5 | | candidates of
political parties are nominated by caucus who is | 6 | | a participant in the
caucus and who is defeated for his or her | 7 | | nomination at such caucus, is
ineligible to be listed on the | 8 | | ballot at that general or consolidated
election as a candidate | 9 | | of another political party.
| 10 | | In the proceedings to nominate a candidate to fill a | 11 | | vacancy or to
fill a vacancy in the nomination, each precinct, | 12 | | township, ward, county
or congressional district, as the case | 13 | | may be, shall through its
representative on such central or | 14 | | managing committee, be entitled to one
vote for each ballot | 15 | | voted in such precinct, township, ward, county or
congressional | 16 | | district, as the case may be, by the primary electors of
its | 17 | | party at the primary election immediately preceding the meeting | 18 | | at
which such vacancy is to be filled.
| 19 | | For purposes of this Section, the words "certify" and | 20 | | "certification"
shall refer to the act of officially declaring | 21 | | the names of candidates
entitled to be printed upon the | 22 | | official ballot at an election and
directing election | 23 | | authorities to place the names of such candidates upon
the | 24 | | official ballot. "Certifying officers or board" shall refer to | 25 | | the
local election official, election authority or the State | 26 | | Board of
Elections, as the case may be, with whom nomination |
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| 1 | | papers, including
certificates of nomination and resolutions | 2 | | to fill vacancies in nomination,
are filed and whose duty it is | 3 | | to "certify" candidates.
| 4 | | (Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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