State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]



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.
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
                            -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 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
                            -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.
 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
                            -6-                LRB9007896MWpc
 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.

[ Top ]