Illinois General Assembly - Full Text of SB0828
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Full Text of SB0828  102nd General Assembly


Sen. Mike Simmons

Filed: 4/20/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 828 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Election Code is amended by changing
5Section 25-6 as follows:
6    (10 ILCS 5/25-6)  (from Ch. 46, par. 25-6)
7    Sec. 25-6. (a) When a vacancy occurs in the office of State
8Senator or Representative in the General Assembly, the vacancy
9shall be filled within 30 days by appointment of the
10legislative or representative committee of that legislative or
11representative district of the political party of which the
12incumbent was a candidate at the time of his election. The
13appointee shall be a member of the same political party as the
14person he succeeds was at the time of his election, and shall
15be otherwise eligible to serve as a member of the General



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1    (b) When a vacancy occurs in the office of a legislator
2elected other than as a candidate of a political party, the
3vacancy shall be filled within 30 days of such occurrence by
4appointment of the Governor. The appointee shall not be a
5member of a political party, and shall be otherwise eligible
6to serve as a member of the General Assembly. Provided,
7however, the appropriate body of the General Assembly may, by
8resolution, allow a legislator elected other than as a
9candidate of a political party to affiliate with a political
10party for his term of office in the General Assembly. A vacancy
11occurring in the office of any such legislator who affiliates
12with a political party pursuant to resolution shall be filled
13within 30 days of such occurrence by appointment of the
14appropriate legislative or representative committee of that
15legislative or representative district of the political party
16with which the legislator so affiliates. The appointee shall
17be a member of the political party with which the incumbent
19    (c) For purposes of this Section, a person is a member of a
20political party for 23 months after (i) signing a candidate
21petition, as to the political party whose nomination is
22sought; (ii) signing a statement of candidacy, as to the
23political party where nomination or election is sought; (iii)
24signing a Petition of Political Party Formation, as to the
25proposed political party; (iv) applying for and receiving a
26primary ballot, as to the political party whose ballot is



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1received; or (v) becoming a candidate for election to or
2accepting appointment to the office of ward, township,
3precinct or state central committeeperson.
4    (d) In making appointments under this Section, each
5committeeperson of the appropriate legislative or
6representative committee shall be entitled to one vote for
7each vote that was received, in that portion of the
8legislative or representative district which he represents on
9the committee, by the Senator or Representative whose seat is
10vacant at the general election at which that legislator was
11elected to the seat which has been vacated and a majority of
12the total number of votes received in such election by the
13Senator or Representative whose seat is vacant is required for
14the appointment of his successor; provided, however, that in
15making appointments in legislative or representative districts
16comprising only one county or part of a county other than a
17county containing 2,000,000 or more inhabitants, each
18committeeperson shall be entitled to cast only one vote.
19    (e) Appointments made under this Section shall be in
20writing and shall be signed by members of the legislative or
21representative committee whose total votes are sufficient to
22make the appointments or by the Governor, as the case may be.
23Such appointments shall be filed with the Secretary of State
24and with the Clerk of the House of Representatives or the
25Secretary of the Senate, whichever is appropriate.
26    (f) An appointment made under this Section shall be for



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1the remainder of the term, except that, if the appointment is
2to fill a vacancy in the office of State Senator and the
3vacancy occurs with more than 28 months remaining in the term,
4the term of the appointment shall expire at the time of the
5next general election at which time a Senator shall be elected
6for a new term commencing on the determination of the results
7of the election and ending on the second Wednesday of January
8in the second odd-numbered year next occurring. Whenever a
9Senator has been appointed to fill a vacancy and was
10thereafter elected to that office, the term of service under
11the authority of the election shall be considered a new term of
12service, separate from the term of service rendered under the
13authority of the appointment.
14    (g) When a vacancy occurs in the office of State Senator or
15State Representative in the General Assembly, the legislative
16or representative committee of that legislative or
17representative district that fills the vacancy shall provide
18members of the public within the district with notice of the
19vacancy and the replacement process, including providing such
20notice on any website or social media account associated with
21the committee and contact information for the committee with
22which interested members of the public may apply for
23appointment. The committee shall also provide members of the
24public with notice of an impending vote to fill the vacancy
25within at least 6 days prior to such vote; except that during
26the months of May and June, if the General Assembly is in



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1session, notice shall be provided at least 2 days prior to such
3    (h) Any meeting held by a legislative or representative
4committee for purposes of filling a vacancy in the General
5Assembly shall be open to the public and shall also be recorded
6and broadcast by electronic means for public consumption.
7    (i) For any vacancy in the office of State Senator or State
8Representative that may be filled through appointment by the
9Governor, the Governor shall comply with the requirements of
10subsection (g) and (h) to the extent practicable in his or her
11appointment of such person.
12(Source: P.A. 100-1027, eff. 1-1-19.)".