Full Text of SB1629 95th General Assembly
SB1629 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1629
Introduced 2/9/2007, by Sen. Chris Lauzen SYNOPSIS AS INTRODUCED: |
|
10 ILCS 5/7-61 |
from Ch. 46, par. 7-61 |
10 ILCS 5/8-17 |
from Ch. 46, par. 8-17 |
10 ILCS 5/10-11 |
from Ch. 46, par. 10-11 |
|
Amends the Election Code. In Articles governing the nomination of partisan candidates, lists the events that create a vacancy in nomination and specifies that a candidate's voluntary withdrawal does not create a vacancy in nomination to be filled by the appropriate party committee or new political party officers.
|
| |
|
|
A BILL FOR
|
|
|
|
|
SB1629 |
|
LRB095 04070 JAM 24108 b |
|
| 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 Election Code is amended by changing | 5 |
| Sections 7-61, 8-17, and 10-11 as follows:
| 6 |
| (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
| 7 |
| Sec. 7-61. Whenever a special election is necessary the | 8 |
| provisions of
this Article are applicable to the nomination of | 9 |
| candidates to be voted
for at such special election.
| 10 |
| In cases where a primary election is required the officer | 11 |
| or board or
commission whose duty it is under the provisions of | 12 |
| this Act relating to
general elections to call an election, | 13 |
| shall fix a date for the primary
for the nomination of | 14 |
| candidates to be voted for at such special
election. Notice of | 15 |
| such primary shall be given at least 15 days prior
to the | 16 |
| maximum time provided for the filing of petitions for such a
| 17 |
| primary as provided in Section 7-12.
| 18 |
| Any vacancy in nomination under the provisions of this | 19 |
| Article 7
occurring on or after the primary and prior to | 20 |
| certification of
candidates by the certifying board or officer, | 21 |
| must be filled prior to the
date of certification. Any vacancy | 22 |
| in nomination occurring after certification
but prior to 15 | 23 |
| days before the general election shall be filled within 8 days
|
|
|
|
SB1629 |
- 2 - |
LRB095 04070 JAM 24108 b |
|
| 1 |
| after the event creating the vacancy. The resolution filling | 2 |
| the vacancy shall
be sent by U. S. mail or personal delivery to | 3 |
| the certifying officer or board
within 3 days of the action by | 4 |
| which the vacancy was filled; provided, if such
resolution is | 5 |
| sent by mail and the U. S. postmark on the envelope containing
| 6 |
| such resolution is dated prior to the expiration of such 3 day | 7 |
| limit, the
resolution shall be deemed filed within such 3 day | 8 |
| limit. Failure to so
transmit the resolution within the time | 9 |
| specified in this Section shall
authorize the certifying | 10 |
| officer or board to certify the original candidate.
Vacancies | 11 |
| shall be filled by the officers of a local municipal or | 12 |
| township
political party as specified in subsection (h) of | 13 |
| Section 7-8, other than a
statewide political party, that is | 14 |
| established only within a municipality or
township and the | 15 |
| managing committee (or legislative committee in case of a
| 16 |
| candidate for State Senator or representative committee in the | 17 |
| case of a
candidate for State Representative in the General | 18 |
| Assembly or State central committee in the case of a candidate | 19 |
| for statewide office, including but not limited to the office | 20 |
| of United States Senator) of the respective
political party for | 21 |
| the territorial area in which such vacancy occurs.
| 22 |
| The resolution to fill a vacancy in nomination shall be | 23 |
| duly
acknowledged before an officer qualified to take | 24 |
| acknowledgements of deeds
and shall include, upon its face, the | 25 |
| following information:
| 26 |
| (a) the name of the original nominee and the office |
|
|
|
SB1629 |
- 3 - |
LRB095 04070 JAM 24108 b |
|
| 1 |
| vacated;
| 2 |
| (b) the date on which the vacancy occurred;
| 3 |
| (c) the name and address of the nominee selected to fill | 4 |
| the vacancy and
the date of selection.
| 5 |
| The resolution to fill a vacancy in nomination shall be | 6 |
| accompanied by a
Statement of Candidacy, as prescribed in | 7 |
| Section 7-10, completed by the
selected nominee and a receipt | 8 |
| indicating that such nominee has filed a
statement of economic | 9 |
| interests as required by the Illinois Governmental
Ethics Act.
| 10 |
| The provisions of Section 10-8 through 10-10.1 relating to | 11 |
| objections to
certificates of nomination and nomination | 12 |
| papers, hearings on objections,
and judicial review, shall | 13 |
| apply to and govern objections to resolutions
for filling a | 14 |
| vacancy in nomination.
| 15 |
| Any vacancy in nomination occurring 15 days or less before | 16 |
| the consolidated
election or the general election shall not be | 17 |
| filled. In this event, the
certification of the original | 18 |
| candidate shall stand and his name shall
appear on the official | 19 |
| ballot to be voted at the general election.
| 20 |
| With respect to nominations under the provisions of this | 21 |
| Article, a vacancy in nomination occurs upon the happening of | 22 |
| any of the following events only and is not created upon the | 23 |
| voluntary withdrawal of a candidate: | 24 |
| (1) The nominee's death (whether before, on, or after | 25 |
| the day of the primary election). | 26 |
| (2) The nominee's becoming a person under legal |
|
|
|
SB1629 |
- 4 - |
LRB095 04070 JAM 24108 b |
|
| 1 |
| disability. | 2 |
| (3) The nominee's ceasing to be an inhabitant of the | 3 |
| State or, if the office is local, the nominee's ceasing to | 4 |
| be an inhabitant of the district, county, township, or | 5 |
| precinct for which he or she was nominated. | 6 |
| (4) The nominee's conviction of an infamous crime or of | 7 |
| any offense involving a violation of official oath. | 8 |
| (5) The decision of a competent tribunal declaring the | 9 |
| nomination void. | 10 |
| (6) The name of no established political party | 11 |
| candidate was printed on the primary ballot for the office | 12 |
| and no person was nominated as a write-in candidate for | 13 |
| that office.
A vacancy in nomination occurs when a | 14 |
| candidate who has been
nominated under the provisions of | 15 |
| this Article 7 dies before the
election (whether death | 16 |
| occurs prior to, on or after the day of the
primary), or | 17 |
| declines the nomination; provided that nominations may
| 18 |
| become vacant for other reasons.
| 19 |
| If the name of no established political party candidate was | 20 |
| printed on
the consolidated primary ballot for a particular | 21 |
| office
and if no person was nominated as a write-in candidate | 22 |
| for such office,
a vacancy in nomination shall be created which | 23 |
| may be filled in accordance
with the requirements of this | 24 |
| Section. If the name of no established political
party | 25 |
| candidate was printed on the general primary ballot for a | 26 |
| particular
office and if no person was nominated as a write-in |
|
|
|
SB1629 |
- 5 - |
LRB095 04070 JAM 24108 b |
|
| 1 |
| candidate for such office,
a vacancy in nomination shall be | 2 |
| created, but no candidate of the party for the
office shall be | 3 |
| listed on the ballot at the general election unless such
| 4 |
| vacancy is filled in accordance with the requirements of this | 5 |
| Section within 60
days after the date of the general primary.
| 6 |
| A candidate for whom a nomination paper has been filed as a | 7 |
| partisan
candidate at a primary election, and who is defeated | 8 |
| for his or her
nomination at such primary election, is | 9 |
| ineligible to be listed on the
ballot at that general or | 10 |
| consolidated election as a candidate of another
political | 11 |
| party.
| 12 |
| A candidate seeking election to an office for which | 13 |
| candidates of
political parties are nominated by caucus who is | 14 |
| a participant in the
caucus and who is defeated for his or her | 15 |
| nomination at such caucus, is
ineligible to be listed on the | 16 |
| ballot at that general or consolidated
election as a candidate | 17 |
| of another political party.
| 18 |
| In the proceedings to nominate a candidate to fill a | 19 |
| vacancy or to
fill a vacancy in the nomination, each precinct, | 20 |
| township, ward, county
or congressional district, as the case | 21 |
| may be, shall through its
representative on such central or | 22 |
| managing committee, be entitled to one
vote for each ballot | 23 |
| voted in such precinct, township, ward, county or
congressional | 24 |
| district, as the case may be, by the primary electors of
its | 25 |
| party at the primary election immediately preceding the meeting | 26 |
| at
which such vacancy is to be filled.
|
|
|
|
SB1629 |
- 6 - |
LRB095 04070 JAM 24108 b |
|
| 1 |
| For purposes of this Section, the words "certify" and | 2 |
| "certification"
shall refer to the act of officially declaring | 3 |
| the names of candidates
entitled to be printed upon the | 4 |
| official ballot at an election and
directing election | 5 |
| authorities to place the names of such candidates upon
the | 6 |
| official ballot. "Certifying officers or board" shall refer to | 7 |
| the
local election official, election authority or the State | 8 |
| Board of
Elections, as the case may be, with whom nomination | 9 |
| papers, including
certificates of nomination and resolutions | 10 |
| to fill vacancies in nomination,
are filed and whose duty it is | 11 |
| to "certify" candidates.
| 12 |
| (Source: P.A. 94-645, eff. 8-22-05.)
| 13 |
| (10 ILCS 5/8-17) (from Ch. 46, par. 8-17)
| 14 |
| Sec. 8-17. The death of any candidate prior to, or on, the | 15 |
| date of the primary
shall not affect the canvass of the | 16 |
| ballots. If the result of such
canvass discloses that such | 17 |
| candidate, if he had lived, would have been
nominated, such | 18 |
| candidate shall be declared nominated.
| 19 |
| The
In the event that a candidate of a party who has been | 20 |
| nominated under
the provisions of this Article shall die before | 21 |
| election (whether death
occurs prior to, or on, or after, the | 22 |
| date of the primary) or decline
the nomination or should the | 23 |
| nomination for any other reason become
vacant, the legislative | 24 |
| or representative committee , as appropriate, of a
such party | 25 |
| for
a
such district shall
nominate a candidate of such party to |
|
|
|
SB1629 |
- 7 - |
LRB095 04070 JAM 24108 b |
|
| 1 |
| fill a
such vacancy in nomination under this Article . | 2 |
| With respect to nominations under the provisions of this | 3 |
| Article, a vacancy in nomination occurs upon the happening of | 4 |
| any of the following events only and is not created upon the | 5 |
| voluntary withdrawal of a candidate: | 6 |
| (1) The nominee's death (whether before, on, or after | 7 |
| the day of the primary election). | 8 |
| (2) The nominee's becoming a person under legal | 9 |
| disability. | 10 |
| (3) The nominee's ceasing to be an inhabitant of the | 11 |
| district for which he or she was nominated. | 12 |
| (4) The nominee's conviction of an infamous crime or of | 13 |
| any offense involving a violation of official oath. | 14 |
| (5) The decision of a competent tribunal declaring the | 15 |
| nomination void. | 16 |
| (6) A vacancy in the office of State Senator occurring | 17 |
| after the last day for filing nomination papers for that | 18 |
| office, as provided in paragraph (3) of Section 8-17.1. | 19 |
| (7) The name of no political party candidate was | 20 |
| printed on the primary ballot for the office and no person | 21 |
| was nominated as a write-in candidate for that office.
| 22 |
| If
However, if there
was no name of a candidate for the | 23 |
| nomination of a
the party printed on
in the primary ballot and | 24 |
| no person was nominated as a write-in candidate ,
no candidate | 25 |
| of that party for that
office may be listed on the ballot at | 26 |
| the general election, unless the
legislative or representative |
|
|
|
SB1629 |
- 8 - |
LRB095 04070 JAM 24108 b |
|
| 1 |
| committee of the party nominates a candidate
to fill the | 2 |
| vacancy in nomination within 60 days after the date of the
| 3 |
| general primary election.
Vacancies in
nomination occurring | 4 |
| under this Article shall be filled by the appropriate
| 5 |
| legislative or representative committee in accordance with the | 6 |
| provisions
of Section 7-61 of this Code. In proceedings to fill | 7 |
| the vacancy in
nomination, the voting strength of the members | 8 |
| of the legislative or
representative committee shall be as | 9 |
| provided in Section 8-6.
| 10 |
| (Source: P.A. 84-757; 84-790; 84-928; 84-1026.)
| 11 |
| (10 ILCS 5/10-11) (from Ch. 46, par. 10-11)
| 12 |
| Sec. 10-11. Any vacancy in the nomination of a new | 13 |
| political party
candidate occurring prior to
the date of | 14 |
| certification of candidates for the ballot
by the certifying | 15 |
| board or officer must be filled prior to the date of | 16 |
| certification.
The resolution to fill such
vacancy shall be | 17 |
| sent by U.S. mail or personal delivery to the certifying
| 18 |
| officer or board within 3 days of the action by which the | 19 |
| vacancy was filled;
provided, if such resolution
is sent by | 20 |
| mail and the U.S. postmark on the envelope containing such | 21 |
| resolution
is dated prior to the expiration of such 3 day | 22 |
| limit, the notice or resolution
shall be deemed filed within | 23 |
| such 3 day limit. Failure
to so transmit the notice or | 24 |
| resolution within the time
specified in this Section shall | 25 |
| authorize the certifying officer
or board to certify the |
|
|
|
SB1629 |
- 9 - |
LRB095 04070 JAM 24108 b |
|
| 1 |
| original candidate. Vacancies shall be filled
by the new | 2 |
| political party officers.
| 3 |
| Any vacancy in nomination occurring after certification | 4 |
| but prior to 15
days before a regular election shall be filled | 5 |
| by the new political
party officers within
8 days after the | 6 |
| event creating the vacancy in the manner heretofore prescribed.
| 7 |
| The resolution to fill a vacancy in nomination shall be | 8 |
| duly
acknowledged before an officer qualified to take | 9 |
| acknowledgements of deeds
and shall include, upon its face, the | 10 |
| following information:
| 11 |
| (a) the name of the original nominee and the office | 12 |
| vacated;
| 13 |
| (b) the date on which the vacancy occurred;
| 14 |
| (c) the name and address of the nominee selected to fill | 15 |
| the vacancy and
the date of selection.
| 16 |
| The resolution to fill a vacancy in nomination shall be | 17 |
| accompanied by a
Statement of Candidacy, as prescribed in | 18 |
| Section 10-5, completed by the
selected nominee and a receipt | 19 |
| indicating that such nominee has filed a
statement of economic | 20 |
| interests as required by the Illinois Governmental Ethics Act.
| 21 |
| The provisions of Sections 10-8 through 10-10.1 relating to | 22 |
| objections to
certificates of nomination and nomination | 23 |
| papers, hearings on objections,
and judicial review, shall | 24 |
| apply to and govern objections to resolutions
for filling a | 25 |
| vacancy in nomination.
| 26 |
| Any vacancy in nomination occurring 15 days or less before |
|
|
|
SB1629 |
- 10 - |
LRB095 04070 JAM 24108 b |
|
| 1 |
| a regular election
shall not be filled. In this event the | 2 |
| certification of the original candidate
shall stand and his | 3 |
| name shall appear on the official ballot to be voted
at the | 4 |
| election.
| 5 |
| With respect to nominations under the provisions of Section | 6 |
| 10-2, a vacancy in nomination occurs upon the happening of any | 7 |
| of the following events only and is not created upon the | 8 |
| voluntary withdrawal of a candidate: | 9 |
| (1) The nominee's death. | 10 |
| (2) The nominee's becoming a person under legal | 11 |
| disability.
| 12 |
| (3) The nominee's ceasing to be an inhabitant of the | 13 |
| State or, if the office is local, the nominee's ceasing to | 14 |
| be an inhabitant of the district, county, township, or | 15 |
| precinct for which he or she was nominated. | 16 |
| (4) The nominee's conviction of an infamous crime or of | 17 |
| any offense involving a violation of official oath. | 18 |
| (5) The decision of a competent tribunal declaring the | 19 |
| nomination void.
A vacancy in nomination occurs when a | 20 |
| candidate who has been nominated
under the provisions of | 21 |
| Section 10-2 dies before the election, or declines
the | 22 |
| nomination; provided that nomination may become vacant for | 23 |
| other reasons.
| 24 |
| The
However, the provisions of this Section shall not apply | 25 |
| to filling any vacancy
in nomination for a municipal office for | 26 |
| which the Municipal Code, as now
or hereafter amended, provides |
|
|
|
SB1629 |
- 11 - |
LRB095 04070 JAM 24108 b |
|
| 1 |
| a different method for filling such vacancy,
and the applicable | 2 |
| provision of the Municipal Code shall govern in such cases.
| 3 |
| Any vacancy in a nomination by caucus of an established | 4 |
| political party
for a township or municipal office shall be | 5 |
| filled in accordance with Section
7-61 of this Code.
| 6 |
| For purposes of this Section, the words "certify" and | 7 |
| "certification"
shall refer to the act of officially declaring | 8 |
| the names of candidates
entitled to be printed upon the | 9 |
| official ballot at an election and
directing election | 10 |
| authorities to place the names of such candidates upon
the | 11 |
| official ballot. "Certifying officers or board" shall refer to | 12 |
| the
local election official, election authority or the State | 13 |
| Board of
Elections, as the case may be, with whom nomination | 14 |
| papers, certificates of
nomination papers and resolutions to | 15 |
| fill vacancies in nomination are filed
and whose duty it is to | 16 |
| "certify" candidates.
| 17 |
| (Source: P.A. 84-757.)
|
|