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90_SB1353 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. LRB9007896MWpc LRB9007896MWpc 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. 23Any vacancy in nomination occurring after certification but24prior to 15 days before the general election shall be filled25within 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 -2- LRB9007896MWpc 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 -3- LRB9007896MWpc 1 of certification of candidates15 days or less before the2consolidated election or the general electionshall 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 -4- LRB9007896MWpc 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 -5- LRB9007896MWpc 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. 9Any vacancy in nomination occurring after certification10but prior to 15 days before a regular election shall be11filled by the new political party officers within 8 days12after the event creating the vacancy in the manner heretofore13prescribed.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 -6- LRB9007896MWpc 1 of certification of candidates15 days or less before a2regular electionshall 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.