Full Text of HB5182 101st General Assembly
HB5182 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5182 Introduced , 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. Provide 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 Section | 5 | | 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 office | 18 | | of State Senator or Representative in the General Assembly, the | 19 | | legislative or representative committee of that legislative or | 20 | | representative district shall convene to: (i) create a uniform | 21 | | application for all candidates seeking appointment to the | 22 | | vacated office; and (ii) determine the date, time, and location | 23 | | at which the committee shall make its appointment, provided the |
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| 1 | | date selected allows for at least 7 days of public notice | 2 | | before the appointment will occur. The uniform application | 3 | | shall be made publicly available by all committeepersons of the | 4 | | legislative or representative district. Applications received | 5 | | within 2 days before the appointment shall be made publicly | 6 | | available on the website of the committeeperson holding the | 7 | | majority of the votes pursuant to subsection (d). If 2 or more | 8 | | committeepersons hold the majority of votes or in making | 9 | | appointments in legislative or representative districts | 10 | | comprising only one county or part of a county other than a | 11 | | county containing 2,000,000 or more inhabitants, all such | 12 | | committeepersons shall be responsible for making applications | 13 | | received within 2 days before the appointment publicly | 14 | | available. On the day selected by the committee for | 15 | | appointment, all candidates seeking appointment shall be | 16 | | granted an opportunity to present their credentials publicly to | 17 | | all in attendance and take questions from committeepersons. | 18 | | (a-10) If a committeeperson is ineligible to cast his or | 19 | | her vote pursuant to subsection (d-5), because he or she is | 20 | | also the former holder of the office now vacant, the | 21 | | legislative or representative committee on which the former | 22 | | officeholder serves as a committeeperson shall meet to elect a | 23 | | proxy member to vote for the ineligible committeeperson. The | 24 | | proxy shall be entitled to the same number of votes to which | 25 | | the ineligible committeeperson would have otherwise been | 26 | | entitled. |
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| 1 | | (b) When a vacancy occurs in the office of a legislator | 2 | | elected
other than as a candidate of a political party, the | 3 | | vacancy shall be
filled within 30 days of such occurrence by | 4 | | appointment of the Governor.
The appointee shall not be a | 5 | | member of a political party, and shall be
otherwise eligible to | 6 | | serve as a member of the General Assembly.
Provided, however, | 7 | | the appropriate body of the General Assembly may, by
| 8 | | resolution, allow a legislator elected other than as a | 9 | | candidate of a
political party to affiliate with a political | 10 | | party for his term of
office in the General Assembly. A vacancy | 11 | | occurring in the office of any
such legislator who affiliates | 12 | | with a political party pursuant to
resolution shall be filled | 13 | | within 30 days of such occurrence by
appointment of the | 14 | | appropriate legislative or representative
committee of that | 15 | | legislative or representative district of the political
party | 16 | | with which the legislator so affiliates. The appointee shall be | 17 | | a
member of the political party with which the incumbent | 18 | | affiliated.
| 19 | | (c) For purposes of this Section, a person is a member of a
| 20 | | political party for 23 months after (i) signing a candidate | 21 | | petition, as
to the political party whose nomination is sought; | 22 | | (ii) signing a
statement of candidacy, as to the political | 23 | | party where nomination or
election is sought; (iii) signing a | 24 | | Petition of Political Party
Formation, as to the proposed | 25 | | political party; (iv) applying for and
receiving a primary | 26 | | ballot, as to the political party whose ballot is
received; or |
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| 1 | | (v) becoming a candidate for election to or accepting
| 2 | | appointment to the office of ward, township, precinct or state | 3 | | central committeeperson.
| 4 | | (d) In making appointments under this Section , except as | 5 | | provided in subsection (d-5) , each committeeperson of
the | 6 | | appropriate legislative or representative committee
shall be | 7 | | entitled to one vote for each vote that was received, in that
| 8 | | portion of the legislative or representative district which he | 9 | | represents
on the committee, by the Senator or Representative | 10 | | whose seat is vacant at the
general election at which that | 11 | | legislator was elected to the seat which
has been vacated and a | 12 | | majority of the total number of votes received in
such election | 13 | | by the Senator or Representative whose seat is vacant is
| 14 | | required for the appointment of his successor; provided,
| 15 | | however, that in making appointments in legislative or | 16 | | representative
districts comprising only one county or part of | 17 | | a county
other than a county containing 2,000,000 or more | 18 | | inhabitants, each committeeperson
shall be entitled to cast | 19 | | only one vote. | 20 | | (d-5) A State Senator or Representative who is also a | 21 | | committeeperson, elected pursuant to subsection (b) of Section | 22 | | 7-8, is prohibited from participating in the appointment of his | 23 | | or her successor. If the vacancy in the office of State Senator | 24 | | or Representative is to be filled by the legislative or | 25 | | representative committee on which the former officeholder | 26 | | serves as a committeeperson, he or she shall not participate in |
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| 1 | | the selection process or cast any votes for a candidate. Any | 2 | | votes he or she would have voted pursuant to subsection (d) | 3 | | shall be voted by the proxy member elected by the other | 4 | | committeepersons of the legislative or representative | 5 | | committee, pursuant to subsection (a-10).
| 6 | | (e) Appointments made under this Section shall be in | 7 | | writing
and shall be signed by members of the legislative or | 8 | | representative committee
whose total votes are sufficient to | 9 | | make the appointments or by the
Governor, as the case may be. | 10 | | Such appointments shall be filed with the
Secretary of State | 11 | | and with the Clerk of the House of Representatives or
the | 12 | | Secretary of the Senate, whichever is appropriate.
| 13 | | (f) An appointment made under this Section shall be for the
| 14 | | remainder of the term, except that, if the appointment is to | 15 | | fill a
vacancy in the office of State Senator and the vacancy | 16 | | occurs with more
than 28 months remaining in the term, the term | 17 | | of the
appointment shall expire at the time of
the next general | 18 | | election at which time a
Senator shall be elected for a new | 19 | | term commencing on the determination
of the results of the | 20 | | election and ending on the second Wednesday of
January in the | 21 | | second odd-numbered year next occurring. Whenever a
Senator has | 22 | | been appointed to fill a vacancy and
was thereafter elected to | 23 | | that office, the term of service under the
authority of the | 24 | | election shall
be considered a new term of service, separate | 25 | | from the term of service
rendered under the authority of the | 26 | | appointment.
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| 1 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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