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90_HB1632
10 ILCS 5/25-2 from Ch. 46, par. 25-2
10 ILCS 5/25-6 from Ch. 46, par. 25-6
Amends the Election Code. Provides that the provisions
concerning resignation or vacancies in the office of State
Senator or Representative shall now also apply to a State
Senator-elect or Representative-elect. Effective immediately.
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1 AN ACT to amend the Election Code by changing Sections
2 25-2 and 25-6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 25-2 and 25-6 as follows:
7 (10 ILCS 5/25-2) (from Ch. 46, par. 25-2)
8 Sec. 25-2. Every elective office, including
9 Senator-elect or Representative-elect in the General
10 Assembly, shall become vacant on the happening of any of the
11 following events before the expiration of the term of such
12 office:
13 (1) The death of the incumbent or the Senator-elect
14 or Representative-elect.
15 (2) His or her resignation.
16 (3) His or her becoming a person under legal
17 disability.
18 (4) His or her ceasing to be an inhabitant of the
19 State; or if the office is local, his or her ceasing to
20 be an inhabitant of the district, county, town, or
21 precinct for which he or she was elected; provided, that
22 the provisions of this paragraph shall not apply to
23 township officers whose township boundaries are changed
24 in accordance with Section 10-20 of the Township Code,
25 nor to township or multi-township assessors elected under
26 Sections 2-5 through 2-15 of the Property Tax Code.
27 (5) His or her conviction of an infamous crime, or
28 of any offense involving a violation of official oath.
29 (6) His or her removal from office.
30 (7) His or her refusal or neglect to take his or
31 her oath of office, or to give or renew his or her
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1 official bond, or to deposit or file such oath or bond
2 within the time prescribed by law.
3 (8) The decision of a competent tribunal declaring
4 his or her election void.
5 No elective office, except as herein otherwise provided,
6 shall become vacant until the successor of the incumbent of
7 such office has been appointed or elected, as the case may
8 be, and qualified.
9 An unconditional resignation, effective at a future date,
10 may not be withdrawn after it is received by the officer
11 authorized to fill the vacancy. Such resignation shall
12 create a vacancy in office for the purpose of determining the
13 time period which would require an election. The resigning
14 office holder may continue to hold such office until the date
15 or event specified in such resignation, but no later than the
16 date at which his or her successor is elected and qualified.
17 An admission of guilt of a criminal offense that would,
18 upon conviction, disqualify the holder of an elective office
19 from holding that office, in the form of a written agreement
20 with State or federal prosecutors to plead guilty to a
21 felony, bribery, perjury, or other infamous crime under State
22 or federal law, shall constitute a resignation from that
23 office, effective at the time the plea agreement is made.
24 (Source: P.A. 88-419; 88-670, eff. 12-2-94.)
25 (10 ILCS 5/25-6) (from Ch. 46, par. 25-6)
26 Sec. 25-6. (a) When a vacancy occurs in the office of
27 State Senator, State Senator-elect, or Representative, or
28 Representative-elect in the General Assembly, the vacancy
29 shall be filled within 30 days by appointment of the
30 legislative or representative committee of that legislative
31 or representative district of the political party of which
32 the incumbent, Senator-elect, or Representative-elect was a
33 candidate at the time of his or her election. The appointee
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1 shall be a member of the same political party as the person
2 he or she succeeds was at the time of his or her election,
3 and shall be otherwise eligible to serve as a member of the
4 General Assembly. The appropriate legislative or
5 representative committee shall declare that a vacancy exists
6 and notification thereof shall be given to the State Board of
7 Elections, the Secretary of State, and the Clerk of the House
8 of Representatives or the Secretary of the Senate, whichever
9 is appropriate, within 3 days of the occurrence of the
10 vacancy.
11 (b) When a vacancy occurs in the office of a legislator
12 or legislator-elect elected other than as a candidate of a
13 political party, the vacancy shall be filled within 30 days
14 of such occurrence by appointment of the Governor. The
15 appointee shall not be a member of a political party, and
16 shall be otherwise eligible to serve as a member of the
17 General Assembly. Provided, however, the appropriate body of
18 the General Assembly may, by resolution, allow a legislator
19 elected other than as a candidate of a political party to
20 affiliate with a political party for his or her term of
21 office in the General Assembly. A vacancy occurring in the
22 office of any such legislator who affiliates with a political
23 party pursuant to resolution shall be filled within 30 days
24 of such occurrence by appointment of the appropriate
25 legislative or representative committee of that legislative
26 or representative district of the political party with which
27 the legislator so affiliates. The appointee shall be a member
28 of the political party with which the incumbent affiliated.
29 (c) For purposes of this Section, a person is a member
30 of a political party for 23 months after (i) signing a
31 candidate petition, as to the political party whose
32 nomination is sought; (ii) signing a statement of candidacy,
33 as to the political party where nomination or election is
34 sought; (iii) signing a Petition of Political Party
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1 Formation, as to the proposed political party; (iv) applying
2 for and receiving a primary ballot, as to the political party
3 whose ballot is received; or (v) becoming a candidate for
4 election to or accepting appointment to the office of ward,
5 township, precinct or state central committeeman.
6 (d) In making appointments under this Section, each
7 committeeman of the appropriate legislative or representative
8 committee shall be entitled to one vote for each vote that
9 was received, in that portion of the legislative or
10 representative district which he represents on the committee,
11 by the Senator, Senator-elect, or Representative, or
12 Representative-elect whose seat is vacant at the general
13 election at which that legislator or legislator-elect was
14 elected to the seat which has been vacated and a majority of
15 the total number of votes received in such election by the
16 Senator, Senator-elect, or Representative, or
17 Representative-elect whose seat is vacant is required for the
18 appointment of his successor; provided, however, that in
19 making appointments in legislative or representative
20 districts comprising only one county or part of a county
21 other than a county containing 2,000,000 or more inhabitants,
22 each committeeman shall be entitled to cast only one vote.
23 (e) Appointments made under this Section shall be in
24 writing and shall be signed by members of the legislative or
25 representative committee whose total votes are sufficient to
26 make the appointments or by the Governor, as the case may be.
27 Such appointments shall be filed with the Secretary of State
28 and with the Clerk of the House of Representatives or the
29 Secretary of the Senate, whichever is appropriate.
30 (f) An appointment made under this Section shall be for
31 the remainder of the term, except that, if the appointment is
32 to fill a vacancy in the office of State Senator or State
33 Senator-elect and the vacancy occurs with more than 28
34 months remaining in the term, the term of the appointment
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1 shall expire at the time of the next general election at
2 which time a Senator shall be elected for a new term
3 commencing on the determination of the results of the
4 election and ending on the second Wednesday of January in the
5 second odd-numbered year next occurring. Whenever a Senator
6 or Senator-elect has been appointed to fill a vacancy and was
7 thereafter elected to that office, the term of service under
8 the authority of the election shall be considered a new term
9 of service, separate from the term of service rendered under
10 the authority of the appointment.
11 (Source: P.A. 85-958.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.