Full Text of HB3420 100th General Assembly
HB3420 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3420 Introduced , by Rep. Thomas Morrison SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/25-6 | from Ch. 46, par. 25-6 | 10 ILCS 5/25-6.5 new | |
| Amends the Election Code. Provides that a vacancy in the office of State Senator or Representative in the General Assembly shall be filled at a special election if more than 6 months remain of the term of office and if the annual compensation for that office exceeds $21,000. Requires that the election be held 2 months after the vacancy occurs and that candidate petitions be filed within 30 days after the vacancy occurs.
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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 Election Code is amended by changing Section | 5 | | 25-6 and by adding Section 25-6.5 as follows:
| 6 | | (10 ILCS 5/25-6) (from Ch. 46, par. 25-6)
| 7 | | Sec. 25-6.
(a) (Blank). When a vacancy occurs in the office | 8 | | of State Senator or
Representative in the General Assembly, the | 9 | | vacancy shall be filled within
30 days by appointment of the | 10 | | legislative or representative committee of
that legislative or | 11 | | representative district of the political
party of which the | 12 | | incumbent was a candidate at the time of his
election. The | 13 | | appointee shall be a member of the same political party as
the | 14 | | person he succeeds was at the time of his election, and shall | 15 | | be
otherwise eligible to serve as a member of the General | 16 | | Assembly.
| 17 | | (b) When a vacancy occurs in the office of a legislator | 18 | | elected
other than as a candidate of a political party, the | 19 | | vacancy shall be
filled within 30 days of such occurrence by | 20 | | appointment of the Governor.
The appointee shall not be a | 21 | | member of a political party, and shall be
otherwise eligible to | 22 | | serve as a member of the General Assembly.
Provided, however, | 23 | | the appropriate body of the General Assembly may, by
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| 1 | | resolution, allow a legislator elected other than as a | 2 | | candidate of a
political party to affiliate with a political | 3 | | party for his term of
office in the General Assembly. A vacancy | 4 | | occurring in the office of any
such legislator who affiliates | 5 | | with a political party pursuant to
resolution shall be filled | 6 | | within 30 days of such occurrence by
appointment of the | 7 | | appropriate legislative or representative
committee of that | 8 | | legislative or representative district of the political
party | 9 | | with which the legislator so affiliates. The appointee shall be | 10 | | a
member of the political party with which the incumbent | 11 | | affiliated.
| 12 | | (c) For purposes of this Section, a person is a member of a
| 13 | | political party for 23 months after (i) signing a candidate | 14 | | petition, as
to the political party whose nomination is sought; | 15 | | (ii) signing a
statement of candidacy, as to the political | 16 | | party where nomination or
election is sought; (iii) signing a | 17 | | Petition of Political Party
Formation, as to the proposed | 18 | | political party; (iv) applying for and
receiving a primary | 19 | | ballot, as to the political party whose ballot is
received; or | 20 | | (v) becoming a candidate for election to or accepting
| 21 | | appointment to the office of ward, township, precinct or state | 22 | | central
committeeman.
| 23 | | (d) In making appointments under this Section, each | 24 | | committeeman of
the appropriate legislative or representative | 25 | | committee
shall be entitled to one vote for each vote that was | 26 | | received, in that
portion of the legislative or representative |
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| 1 | | district which he represents
on the committee, by the Senator | 2 | | or Representative whose seat is vacant at the
general election | 3 | | at which that legislator was elected to the seat which
has been | 4 | | vacated and a majority of the total number of votes received in
| 5 | | such election by the Senator or Representative whose seat is | 6 | | vacant is
required for the appointment of his successor; | 7 | | provided,
however, that in making appointments in legislative | 8 | | or representative
districts comprising only one county or part | 9 | | of a county
other than a county containing 2,000,000 or more | 10 | | inhabitants, each
committeeman shall be entitled to cast only | 11 | | one vote.
| 12 | | (e) Appointments made under this Section shall be in | 13 | | writing
and shall be signed by members of the legislative or | 14 | | representative committee
whose total votes are sufficient to | 15 | | make the appointments or by the
Governor, as the case may be. | 16 | | Such appointments shall be filed with the
Secretary of State | 17 | | and with the Clerk of the House of Representatives or
the | 18 | | Secretary of the Senate, whichever is appropriate.
| 19 | | (f) An appointment made under this Section shall be for the
| 20 | | remainder of the term, except that, if the appointment is to | 21 | | fill a
vacancy in the office of State Senator and the vacancy | 22 | | occurs with more
than 28 months remaining in the term, the term | 23 | | of the
appointment shall expire at the time of
the next general | 24 | | election at which time a
Senator shall be elected for a new | 25 | | term commencing on the determination
of the results of the | 26 | | election and ending on the second Wednesday of
January in the |
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| 1 | | second odd-numbered year next occurring. Whenever a
Senator has | 2 | | been appointed to fill a vacancy and
was thereafter elected to | 3 | | that office, the term of service under the
authority of the | 4 | | election shall
be considered a new term of service, separate | 5 | | from the term of service
rendered under the authority of the | 6 | | appointment.
| 7 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 8 | | (10 ILCS 5/25-6.5 new) | 9 | | Sec. 25-6.5. Special elections. Notwithstanding any | 10 | | provision of law to the contrary, a vacancy in the office of | 11 | | State Senator or Representative in the General Assembly that | 12 | | occurs more than 6 months before expiration of the term of that | 13 | | office shall be filled at a special election if the annual | 14 | | compensation for that office is more than $21,000. The special | 15 | | election shall be held 2 months after the date the vacancy | 16 | | occurred. Candidates for the office must file nominating | 17 | | petitions within 30 days after the date the vacancy occurred. | 18 | | The office shall be filled by the candidate who receives the | 19 | | greatest number of votes at the special election. That | 20 | | candidate shall take office as soon as he or she receives | 21 | | certification of the election results and shall serve the | 22 | | remainder of the vacated term.
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