Full Text of SB2206 97th General Assembly
SB2206eng 97TH GENERAL ASSEMBLY |
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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 Election Code is amended by changing Section | 5 | | 7-61 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
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| 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 |
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| 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 | | A vacancy in nomination occurs when a candidate who has | 21 | | been
nominated under the provisions of this Article 7 dies | 22 | | before the
election (whether death occurs prior to, on or after | 23 | | the day of the
primary), or declines the nomination; provided | 24 | | that nominations may
become vacant for other reasons.
| 25 | | If the name of no established political party candidate was | 26 | | printed on
the consolidated primary ballot for a particular |
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| 1 | | office
and if no person was nominated as a write-in candidate | 2 | | for such office,
a vacancy in nomination shall be created which | 3 | | may be filled by resolution in accordance
with the above | 4 | | requirements of this Section. If the name of no established | 5 | | political
party candidate was printed on the general primary | 6 | | ballot for a particular
office and if no person was nominated | 7 | | as a write-in candidate for such office,
a vacancy in | 8 | | nomination shall be filled only by a person designated by the | 9 | | appropriate committee of the political party and only if that | 10 | | designated person files nominating petitions with the number of | 11 | | signatures required for an established party candidate for that | 12 | | office within 75 days after the day of the general primary ; | 13 | | provided that a resolution designating such a person must be | 14 | | filed in accordance with the above requirements of this | 15 | | Section . The circulation period for those petitions begins on | 16 | | the day the appropriate committee designates that person by | 17 | | resolution. In addition to the initial filing of a resolution, | 18 | | the designated . The person shall thereafter file his or her | 19 | | nominating petitions, statements of candidacy, notice of | 20 | | appointment by the appropriate committee, and receipt of filing | 21 | | his or her statement of economic interests together. These | 22 | | documents shall be filed at the same location as provided in | 23 | | Section 7-12. The electoral boards having jurisdiction under | 24 | | Section 10-9 to hear and pass upon objections to nominating | 25 | | petitions also shall hear and pass upon objections to | 26 | | resolutions and nomination petitions filed by candidates under |
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| 1 | | this paragraph.
| 2 | | A candidate for whom a nomination paper has been filed as a | 3 | | partisan
candidate at a primary election, and who is defeated | 4 | | for his or her
nomination at such primary election, is | 5 | | ineligible to be listed on the
ballot at that general or | 6 | | consolidated election as a candidate of another
political | 7 | | party.
| 8 | | A candidate seeking election to an office for which | 9 | | candidates of
political parties are nominated by caucus who is | 10 | | a participant in the
caucus and who is defeated for his or her | 11 | | nomination at such caucus, is
ineligible to be listed on the | 12 | | ballot at that general or consolidated
election as a candidate | 13 | | of another political party.
| 14 | | In the proceedings to nominate a candidate to fill a | 15 | | vacancy or to
fill a vacancy in the nomination, each precinct, | 16 | | township, ward, county
or congressional district, as the case | 17 | | may be, shall through its
representative on such central or | 18 | | managing committee, be entitled to one
vote for each ballot | 19 | | voted in such precinct, township, ward, county or
congressional | 20 | | district, as the case may be, by the primary electors of
its | 21 | | party at the primary election immediately preceding the meeting | 22 | | at
which such vacancy is to be filled.
| 23 | | For purposes of this Section, the words "certify" and | 24 | | "certification"
shall refer to the act of officially declaring | 25 | | the names of candidates
entitled to be printed upon the | 26 | | official ballot at an election and
directing election |
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| 1 | | authorities to place the names of such candidates upon
the | 2 | | official ballot. "Certifying officers or board" shall refer to | 3 | | the
local election official, election authority or the State | 4 | | Board of
Elections, as the case may be, with whom nomination | 5 | | papers, including
certificates of nomination and resolutions | 6 | | to fill vacancies in nomination,
are filed and whose duty it is | 7 | | to "certify" candidates.
| 8 | | (Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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