Full Text of HB3554 96th General Assembly
HB3554 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3554
Introduced 2/24/2009, by Rep. Tom Cross - Dave Winters SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/25-6 |
from Ch. 46, par. 25-6 |
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Amends the Election Code. Makes a technical change in a Section concerning vacancies in the General Assembly.
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A BILL FOR
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HB3554 |
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LRB096 10430 JAM 20602 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing Section | 5 |
| 25-6 as follows:
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| (10 ILCS 5/25-6) (from Ch. 46, par. 25-6)
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| Sec. 25-6.
(a) When a vacancy occurs in the the office of | 8 |
| 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.
The appropriate legislative or representative
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| committee shall declare that a vacancy exists and notification | 18 |
| thereof shall
be given to the State Board of Elections, the | 19 |
| Secretary of State, and the
Clerk of the House of | 20 |
| Representatives or the Secretary of the Senate,
whichever is | 21 |
| appropriate, within 3 days of the occurrence of the vacancy.
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| (b) When a vacancy occurs in the office of a legislator | 23 |
| elected
other than as a candidate of a political party, the |
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LRB096 10430 JAM 20602 b |
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| vacancy shall be
filled within 30 days of such occurrence by | 2 |
| appointment of the Governor.
The appointee shall not be a | 3 |
| member of a political party, and shall be
otherwise eligible to | 4 |
| serve as a member of the General Assembly.
Provided, however, | 5 |
| the appropriate body of the General Assembly may, by
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| resolution, allow a legislator elected other than as a | 7 |
| candidate of a
political party to affiliate with a political | 8 |
| party for his term of
office in the General Assembly. A vacancy | 9 |
| occurring in the office of any
such legislator who affiliates | 10 |
| with a political party pursuant to
resolution shall be filled | 11 |
| within 30 days of such occurrence by
appointment of the | 12 |
| appropriate legislative or representative
committee of that | 13 |
| legislative or representative district of the political
party | 14 |
| with which the legislator so affiliates. The appointee shall be | 15 |
| a
member of the political party with which the incumbent | 16 |
| affiliated.
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| (c) For purposes of this Section, a person is a member of a
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| political party for 23 months after (i) signing a candidate | 19 |
| petition, as
to the political party whose nomination is sought; | 20 |
| (ii) signing a
statement of candidacy, as to the political | 21 |
| party where nomination or
election is sought; (iii) signing a | 22 |
| Petition of Political Party
Formation, as to the proposed | 23 |
| political party; (iv) applying for and
receiving a primary | 24 |
| ballot, as to the political party whose ballot is
received; or | 25 |
| (v) becoming a candidate for election to or accepting
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| appointment to the office of ward, township, precinct or state |
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LRB096 10430 JAM 20602 b |
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| central
committeeman.
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| (d) In making appointments under this Section, each | 3 |
| committeeman of
the appropriate legislative or representative | 4 |
| committee
shall be entitled to one vote for each vote that was | 5 |
| received, in that
portion of the legislative or representative | 6 |
| district which he represents
on the committee, by the Senator | 7 |
| or Representative whose seat is vacant at the
general election | 8 |
| at which that legislator was elected to the seat which
has been | 9 |
| vacated and a majority of the total number of votes received in
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| such election by the Senator or Representative whose seat is | 11 |
| vacant is
required for the appointment of his successor; | 12 |
| provided,
however, that in making appointments in legislative | 13 |
| or representative
districts comprising only one county or part | 14 |
| of a county
other than a county containing 2,000,000 or more | 15 |
| inhabitants, each
committeeman shall be entitled to cast only | 16 |
| one vote.
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| (e) Appointments made under this Section shall be in | 18 |
| writing
and shall be signed by members of the legislative or | 19 |
| representative committee
whose total votes are sufficient to | 20 |
| make the appointments or by the
Governor, as the case may be. | 21 |
| Such appointments shall be filed with the
Secretary of State | 22 |
| and with the Clerk of the House of Representatives or
the | 23 |
| Secretary of the Senate, whichever is appropriate.
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| (f) An appointment made under this Section shall be for the
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| remainder of the term, except that, if the appointment is to | 26 |
| fill a
vacancy in the office of State Senator and the vacancy |
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| occurs with more
than 28 months remaining in the term, the term | 2 |
| of the
appointment shall expire at the time of
the next general | 3 |
| election at which time a
Senator shall be elected for a new | 4 |
| term commencing on the determination
of the results of the | 5 |
| election and ending on the second Wednesday of
January in the | 6 |
| second odd-numbered year next occurring. Whenever a
Senator has | 7 |
| been appointed to fill a vacancy and
was thereafter elected to | 8 |
| that office, the term of service under the
authority of the | 9 |
| election shall
be considered a new term of service, separate | 10 |
| from the term of service
rendered under the authority of the | 11 |
| appointment.
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| (Source: P.A. 85-958.)
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