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90_SB0540
10 ILCS 5/7-61 from Ch. 46, par. 7-61
10 ILCS 5/10-11 from Ch. 46, par. 10-11
Amends the Election Code. Deletes provisions requiring
vacancies in nomination after certification of candidates but
prior to 15 days before the election shall be filled within 8
days after the event creating the vacancy. Provides that any
vacancies occurring on or after the date of certification of
candidates (now 15 days or less before an election) shall not
be filled. Effective immediately.
LRB9000591MWpc
LRB9000591MWpc
1 AN ACT to amend the Election Code by changing Sections
2 7-61 and 10.11.
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 7-61 and 10-11 as follows:
7 (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
8 Sec. 7-61. Whenever a special election is necessary the
9 provisions of this Article are applicable to the nomination
10 of candidates to be voted for at such special election.
11 In cases where a primary election is required the officer
12 or board or commission whose duty it is under the provisions
13 of this Act relating to general elections to call an
14 election, shall fix a date for the primary for the nomination
15 of candidates to be voted for at such special election.
16 Notice of such primary shall be given at least 15 days prior
17 to the maximum time provided for the filing of petitions for
18 such a primary as provided in Section 7-12.
19 Any vacancy in nomination under the provisions of this
20 Article 7 occurring on or after the primary and prior to
21 certification of candidates by the certifying board or
22 officer, must be filled prior to the date of certification.
23 Any vacancy in nomination occurring after certification but
24 prior to 15 days before the general election shall be filled
25 within 8 days after the event creating the vacancy. The
26 resolution filling the vacancy shall be sent by U. S. mail or
27 personal delivery to the certifying officer or board within 3
28 days of the action by which the vacancy was filled; provided,
29 if such resolution is sent by mail and the U. S. postmark on
30 the envelope containing such resolution is dated prior to the
31 expiration of such 3 day limit, the resolution shall be
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1 deemed filed within such 3 day limit. Failure to so transmit
2 the resolution within the time specified in this Section
3 shall authorize the certifying officer or board to certify
4 the original candidate. Vacancies shall be filled by the
5 officers of a local municipal or township political party as
6 specified in subsection (h) of Section 7-8, other than a
7 statewide political party, that is established only within a
8 municipality or township and the managing committee (or
9 legislative committee in case of a candidate for State
10 Senator or representative committee in the case of a
11 candidate for State Representative in the General Assembly)
12 of the respective political party for the territorial area in
13 which such vacancy occurs.
14 The resolution to fill a vacancy in nomination shall be
15 duly acknowledged before an officer qualified to take
16 acknowledgements of deeds and shall include, upon its face,
17 the following information:
18 (a) the name of the original nominee and the office
19 vacated;
20 (b) the date on which the vacancy occurred;
21 (c) the name and address of the nominee selected to fill
22 the vacancy and the date of selection.
23 The resolution to fill a vacancy in nomination shall be
24 accompanied by a Statement of Candidacy, as prescribed in
25 Section 7-10, completed by the selected nominee and a receipt
26 indicating that such nominee has filed a statement of
27 economic interests as required by the Illinois Governmental
28 Ethics Act.
29 The provisions of Section 10-8 through 10-10.1 relating
30 to objections to certificates of nomination and nomination
31 papers, hearings on objections, and judicial review, shall
32 apply to and govern objections to resolutions for filling a
33 vacancy in nomination.
34 Any vacancy in nomination occurring on or after the date
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1 of certification of candidates 15 days or less before the
2 consolidated election or the general election shall not be
3 filled. In this event, the certification of the original
4 candidate shall stand and his name shall appear on the
5 official ballot to be voted at the general election.
6 A vacancy in nomination occurs when a candidate who has
7 been nominated under the provisions of this Article 7 dies
8 before the election (whether death occurs prior to, on or
9 after the day of the primary), or declines the nomination;
10 provided that nominations may become vacant for other
11 reasons.
12 If the name of no established political party candidate
13 was printed on the consolidated primary ballot for a
14 particular office and if no person was nominated as a
15 write-in candidate for such office, a vacancy in nomination
16 shall be created which may be filled in accordance with the
17 requirements of this Section. If the name of no established
18 political party candidate was printed on the general primary
19 ballot for a particular office and if no person was nominated
20 as a write-in candidate for such office, a vacancy in
21 nomination shall be created, but no candidate of the party
22 for the office shall be listed on the ballot at the general
23 election unless such vacancy is filled in accordance with the
24 requirements of this Section within 60 days after the date of
25 the general primary.
26 A candidate for whom a nomination paper has been filed as
27 a partisan candidate at a primary election, and who is
28 defeated for his or her nomination at such primary election,
29 is ineligible to be listed on the ballot at that general or
30 consolidated election as a candidate of another political
31 party.
32 A candidate seeking election to an office for which
33 candidates of political parties are nominated by caucus who
34 is a participant in the caucus and who is defeated for his or
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1 her nomination at such caucus, is ineligible to be listed on
2 the ballot at that general or consolidated election as a
3 candidate of another political party.
4 In the proceedings to nominate a candidate to fill a
5 vacancy or to fill a vacancy in the nomination, each
6 precinct, township, ward, county or congressional district,
7 as the case may be, shall through its representative on such
8 central or managing committee, be entitled to one vote for
9 each ballot voted in such precinct, township, ward, county or
10 congressional district, as the case may be, by the primary
11 electors of its party at the primary election immediately
12 preceding the meeting at which such vacancy is to be filled.
13 For purposes of this Section, the words "certify" and
14 "certification" shall refer to the act of officially
15 declaring the names of candidates entitled to be printed upon
16 the official ballot at an election and directing election
17 authorities to place the names of such candidates upon the
18 official ballot. "Certifying officers or board" shall refer
19 to the local election official, election authority or the
20 State Board of Elections, as the case may be, with whom
21 nomination papers, including certificates of nomination and
22 resolutions to fill vacancies in nomination, are filed and
23 whose duty it is to "certify" candidates.
24 (Source: P.A. 86-867; 86-1348; 87-1052.)
25 (10 ILCS 5/10-11) (from Ch. 46, par. 10-11)
26 Sec. 10-11. Any vacancy in the nomination of a new
27 political party candidate occurring prior to the date of
28 certification of candidates for the ballot by the certifying
29 board or officer must be filled prior to the date of
30 certification. The resolution to fill such vacancy shall be
31 sent by U.S. mail or personal delivery to the certifying
32 officer or board within 3 days of the action by which the
33 vacancy was filled; provided, if such resolution is sent by
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1 mail and the U.S. postmark on the envelope containing such
2 resolution is dated prior to the expiration of such 3 day
3 limit, the notice or resolution shall be deemed filed within
4 such 3 day limit. Failure to so transmit the notice or
5 resolution within the time specified in this Section shall
6 authorize the certifying officer or board to certify the
7 original candidate. Vacancies shall be filled by the new
8 political party officers.
9 Any vacancy in nomination occurring after certification
10 but prior to 15 days before a regular election shall be
11 filled by the new political party officers within 8 days
12 after the event creating the vacancy in the manner heretofore
13 prescribed.
14 The resolution to fill a vacancy in nomination shall be
15 duly acknowledged before an officer qualified to take
16 acknowledgements of deeds and shall include, upon its face,
17 the following information:
18 (a) the name of the original nominee and the office
19 vacated;
20 (b) the date on which the vacancy occurred;
21 (c) the name and address of the nominee selected to fill
22 the vacancy and the date of selection.
23 The resolution to fill a vacancy in nomination shall be
24 accompanied by a Statement of Candidacy, as prescribed in
25 Section 10-5, completed by the selected nominee and a receipt
26 indicating that such nominee has filed a statement of
27 economic interests as required by the Illinois Governmental
28 Ethics Act.
29 The provisions of Sections 10-8 through 10-10.1 relating
30 to objections to certificates of nomination and nomination
31 papers, hearings on objections, and judicial review, shall
32 apply to and govern objections to resolutions for filling a
33 vacancy in nomination.
34 Any vacancy in nomination occurring on or after the date
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1 of certification of candidates 15 days or less before a
2 regular election shall not be filled. In this event the
3 certification of the original candidate shall stand and his
4 name shall appear on the official ballot to be voted at the
5 election.
6 A vacancy in nomination occurs when a candidate who has
7 been nominated under the provisions of Section 10-2 dies
8 before the election, or declines the nomination; provided
9 that nomination may become vacant for other reasons.
10 However, the provisions of this Section shall not apply
11 to any vacancy in nomination for a municipal office for which
12 the Municipal Code, as now or hereafter amended, provides a
13 different method for filling such vacancy, and the applicable
14 provision of the Municipal Code shall govern in such cases.
15 Any vacancy in a nomination by caucus of an established
16 political party for a township or municipal office shall be
17 filled in accordance with Section 7-61 of this Code.
18 For purposes of this Section, the words "certify" and
19 "certification" shall refer to the act of officially
20 declaring the names of candidates entitled to be printed upon
21 the official ballot at an election and directing election
22 authorities to place the names of such candidates upon the
23 official ballot. "Certifying officers or board" shall refer
24 to the local election official, election authority or the
25 State Board of Elections, as the case may be, with whom
26 nomination papers, certificates of nomination papers and
27 resolutions to fill vacancies in nomination are filed and
28 whose duty it is to "certify" candidates.
29 (Source: P.A. 84-757.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.