Full Text of HB3828 102nd General Assembly
HB3828 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3828 Introduced 2/22/2021, by Rep. Kelly M. Cassidy 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. Provides the procedure for filling a vacancy of a Senator or Representative in the General Assembly. Provides that within 3 days after a vacancy, the committee for that legislative or representative district shall create a uniform application for candidates seeking appointment and determine the date, time, and location at which the committee shall make the appointment (allowing for at least 7 days of public notice). Provides that applications received within 2 days before the appointment shall be made publicly available. Provides that candidates shall be granted an opportunity to present their credentials publicly and take questions from the committeepersons. Provides for a proxy for a committeeperson that is ineligible to vote for an appointment. Effective immediately.
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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 | 5 | | Section 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 | 8 | | Senator or
Representative in the General Assembly, the vacancy | 9 | | 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 , as | 13 | | provided in subsection (a-5) . The appointee shall be a member | 14 | | of the same political party as
the person he succeeds was at | 15 | | the time of his election, and shall be
otherwise eligible to | 16 | | serve as a member of the General Assembly.
| 17 | | (a-5) Within 3 days after a vacancy occurring in the | 18 | | office of State Senator or Representative in the General | 19 | | Assembly, the legislative or representative committee of that | 20 | | legislative or representative district shall convene to: (i) | 21 | | create a uniform application for all candidates seeking | 22 | | appointment to the vacated office; and (ii) determine the | 23 | | date, time, and location at which the committee shall make its |
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| 1 | | appointment, provided the date selected allows for at least 7 | 2 | | days of public notice before the appointment will occur. The | 3 | | uniform application shall be made publicly available by all | 4 | | committeepersons of the legislative or representative | 5 | | district. Applications received within 2 days before the | 6 | | appointment shall be made publicly available on the website of | 7 | | the committeeperson holding the majority of the votes pursuant | 8 | | to subsection (d). If 2 or more committeepersons hold the | 9 | | majority of votes or in making appointments in legislative or | 10 | | representative districts comprising only one county or part of | 11 | | a county other than a county containing 2,000,000 or more | 12 | | inhabitants, all such committeepersons shall be responsible | 13 | | for making applications received within 2 days before the | 14 | | appointment publicly available. On the day selected by the | 15 | | committee for appointment, all candidates seeking appointment | 16 | | shall be granted an opportunity to present their credentials | 17 | | publicly to all in attendance and take questions from | 18 | | committeepersons. | 19 | | (a-10) If a committeeperson is ineligible to cast his or | 20 | | her vote pursuant to subsection (d-5), because he or she is | 21 | | also the former holder of the office now vacant, the | 22 | | legislative or representative committee on which the former | 23 | | officeholder serves as a committeeperson shall meet to elect a | 24 | | proxy member to vote for the ineligible committeeperson. The | 25 | | proxy shall be entitled to the same number of votes to which | 26 | | the ineligible committeeperson would have otherwise been |
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| 1 | | entitled. | 2 | | (b) When a vacancy occurs in the office of a legislator | 3 | | elected
other than as a candidate of a political party, the | 4 | | vacancy shall be
filled within 30 days of such occurrence by | 5 | | appointment of the Governor.
The appointee shall not be a | 6 | | member of a political party, and shall be
otherwise eligible | 7 | | to serve as a member of the General Assembly.
Provided, | 8 | | however, the appropriate body of the General Assembly may, by
| 9 | | resolution, allow a legislator elected other than as a | 10 | | candidate of a
political party to affiliate with a political | 11 | | party for his term of
office in the General Assembly. A vacancy | 12 | | occurring in the office of any
such legislator who affiliates | 13 | | with a political party pursuant to
resolution shall be filled | 14 | | within 30 days of such occurrence by
appointment of the | 15 | | appropriate legislative or representative
committee of that | 16 | | legislative or representative district of the political
party | 17 | | with which the legislator so affiliates. The appointee shall | 18 | | be a
member of the political party with which the incumbent | 19 | | affiliated.
| 20 | | (c) For purposes of this Section, a person is a member of a
| 21 | | political party for 23 months after (i) signing a candidate | 22 | | petition, as
to the political party whose nomination is | 23 | | sought; (ii) signing a
statement of candidacy, as to the | 24 | | political party where nomination or
election is sought; (iii) | 25 | | signing a Petition of Political Party
Formation, as to the | 26 | | proposed political party; (iv) applying for and
receiving a |
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| 1 | | primary ballot, as to the political party whose ballot is
| 2 | | received; or (v) becoming a candidate for election to or | 3 | | accepting
appointment to the office of ward, township, | 4 | | precinct or state central committeeperson.
| 5 | | (d) In making appointments under this Section , except as | 6 | | provided in subsection (d-5) , each committeeperson of
the | 7 | | appropriate legislative or representative committee
shall be | 8 | | entitled to one vote for each vote that was received, in that
| 9 | | portion of the legislative or representative district which he | 10 | | represents
on the committee, by the Senator or Representative | 11 | | whose seat is vacant at the
general election at which that | 12 | | legislator was elected to the seat which
has been vacated and a | 13 | | majority of the total number of votes received in
such | 14 | | election by the Senator or Representative whose seat is vacant | 15 | | is
required for the appointment of his successor; provided,
| 16 | | however, that in making appointments in legislative or | 17 | | representative
districts comprising only one county or part of | 18 | | a county
other than a county containing 2,000,000 or more | 19 | | inhabitants, each committeeperson
shall be entitled to cast | 20 | | only one vote. | 21 | | (d-5) A State Senator or Representative who is also a | 22 | | committeeperson, elected pursuant to subsection (b) of Section | 23 | | 7-8, is prohibited from participating in the appointment of | 24 | | his or her successor. If the vacancy in the office of State | 25 | | Senator or Representative is to be filled by the legislative | 26 | | or representative committee on which the former officeholder |
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| 1 | | serves as a committeeperson, he or she shall not participate | 2 | | in the selection process or cast any votes for a candidate. Any | 3 | | votes he or she would have voted pursuant to subsection (d) | 4 | | shall be voted by the proxy member elected by the other | 5 | | committeepersons of the legislative or representative | 6 | | committee, pursuant to subsection (a-10).
| 7 | | (e) Appointments made under this Section shall be in | 8 | | writing
and shall be signed by members of the legislative or | 9 | | representative committee
whose total votes are sufficient to | 10 | | make the appointments or by the
Governor, as the case may be. | 11 | | Such appointments shall be filed with the
Secretary of State | 12 | | and with the Clerk of the House of Representatives or
the | 13 | | Secretary of the Senate, whichever is appropriate.
| 14 | | (f) An appointment made under this Section shall be for | 15 | | the
remainder of the term, except that, if the appointment is | 16 | | to fill a
vacancy in the office of State Senator and the | 17 | | vacancy occurs with more
than 28 months remaining in the term, | 18 | | the term of the
appointment shall expire at the time of
the | 19 | | next general election at which time a
Senator shall be elected | 20 | | for a new term commencing on the determination
of the results | 21 | | of the election and ending on the second Wednesday of
January | 22 | | in the second odd-numbered year next occurring. Whenever a
| 23 | | Senator has been appointed to fill a vacancy and
was | 24 | | thereafter elected to that office, the term of service under | 25 | | the
authority of the election shall
be considered a new term of | 26 | | service, separate from the term of service
rendered under the |
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| 1 | | authority of the appointment.
| 2 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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