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[ House Amendment 001 ] |
91_HB0593 LRB9101684MWgc 1 AN ACT to amend the Election Code by changing Sections 2 7-11.1 and 8-17.1. 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 7-11.1 and 8-17.1 as follows: 7 (10 ILCS 5/7-11.1) (from Ch. 46, par. 7-11.1) 8 Sec. 7-11.1. Whenever a vacancy in any elective county 9 office is to be filled by election pursuant to Section 25-11 10 of this Code, nominations shall be made and any vacancy in 11 nomination for a county office shall be filled pursuant to 12 this Section: 13 (1) If the vacancy in office occurs before the first 14 date provided in Section 7-12 for filing nomination papers 15 for the primary in the next even numbered year following the 16 commencement of the term, nominations for the election for 17 filling such vacancy shall be made pursuant to this Article 7 18 as provided for other county offices. 19 (2) If the vacancy in office occurs during the time 20 provided in Section 7-12 for filing nomination papers for 21 county offices for the primary in the next even-numbered year 22 following commencement of the term of office in which such 23 vacancy occurs, the time for filing nomination papers for 24 such office for the primary shall not be more than 91 days 25 and not less than 85 days prior to the date of the primary 26 election. 27 (3) If the vacancy in office occurs after the last day 28 provided in Section 7-12 for filing nomination papers for any 29 elective county office and no other candidates from any 30 political party have been nominated, a vacancy in nomination 31 shall be deemed to have occurred and the county central -2- LRB9101684MWgc 1 committee or the appropriate county board district committee 2 of each established political party shall nominate, by 3 resolution, a candidate to fill such vacancy in nomination 4 for election to such office at such general election. In the 5 nomination proceedings to fill such vacancy in nomination, 6 each member of the county central committee, or the county 7 board district committee, as the case may be, shall have the 8 voting strength as set forth in Sections 7-8 and 7-8.01, 9 respectively. The name of the candidate so nominated shall 10 not appear on the ballot at the general primary election. 11 Such vacancy in nomination shall be filled prior to the date 12 of certification of candidates for the general election. If 13 the vacancy in office occurs after the last day provided in 14 Section 7-12 for filing nomination papers for any elective 15 office and at least one candidate from at least one political 16 party has been nominated, no other nominations may be made. 17 (4) The resolution to fill the vacancy under paragraph 18 (3) shall be duly acknowledged before an officer qualified to 19 take acknowledgments of deeds and shall include, upon its 20 face, the following information: 21 (a) the name of the original nominee and the office 22 vacated; 23 (b) the date on which the vacancy occurred; 24 (c) the name and address of the nominee selected to fill 25 the vacancy and the date of selection. 26 The resolution to fill the vacancy shall be accompanied 27 by a Statement of Candidacy, as prescribed in Section 7-10, 28 completed by the selected nominee and a receipt indicating 29 that such nominee has filed a Statement of Economic Interests 30 as required by the Illinois Governmental Ethics Act. 31 The provisions of Sections 10-8 through 10-10.1 relating 32 to objections to nomination papers, hearings on objections 33 and judicial review, shall also apply to and govern 34 objections to nomination papers and resolutions for filling -3- LRB9101684MWgc 1 vacancies in nomination filed pursuant to this Section. 2 Unless otherwise specified herein, the nomination and 3 election provided for in this Section shall be governed by 4 this Code. 5 (Source: P.A. 84-1308.) 6 (10 ILCS 5/8-17.1) (from Ch. 46, par. 8-17.1) 7 Sec. 8-17.1. Whenever a vacancy in the office of State 8 Senator is to be filled by election pursuant to Article IV, 9 Section 2(d) of the Constitution and Section 25-6 of this 10 Code, nominations shall be made and any vacancy in nomination 11 shall be filled pursuant to this Section: 12 (1) If the vacancy in office occurs before the first 13 date provided in Section 8-9 for filing nomination papers for 14 the primary in the next even-numbered year following the 15 commencement of the term, the nominations for the election 16 for filling such vacancy shall be made as otherwise provided 17 in Article 8. 18 (2) If the vacancy in office occurs during the time 19 provided in Section 8-9 for filing nomination papers for the 20 office of State Senator for the primary in the next 21 even-numbered year following commencement of the term of 22 office in which such vacancy occurs, the time for filing 23 nomination papers for such office for the primary shall be 24 not more than 91 days and not less than 85 days prior to the 25 date of the primary election. 26 (3) If the vacancy in office occurs after the last day 27 provided in Section 8-9 for filing nomination papers for the 28 office of State Senator and no other candidate from any 29 political party have been nominated, a vacancy in nomination 30 shall be deemed to have occurred and the legislative 31 committee of each established political party shall nominate, 32 by resolution, a candidate to fill such vacancy in nomination 33 for the election to such office at such general election. In -4- LRB9101684MWgc 1 the proceedings to fill the vacancy in nomination the voting 2 strength of the members of the legislative committee shall be 3 as provided in Section 8-6. The name of the candidate so 4 nominated shall not appear on the ballot at the general 5 primary election. Such vacancy in nomination shall be filled 6 prior to the date of certification of candidates for the 7 general election. If the vacancy in office occurs after the 8 last day provided in Section 8-9 for filing nomination papers 9 for the office of State Senator and at least one candidate 10 from at least one political party has been nominated, no 11 other nominations may be made. 12 (4) The resolution to fill the vacancy under paragraph 13 (3) shall be duly acknowledged before an officer qualified to 14 take acknowledgments of deeds and shall include, upon its 15 face, the following information; 16 (a) the names of the original nominee and the office 17 vacated; 18 (b) the date on which the vacancy occurred; 19 (c) the name and address of the nominee selected to fill 20 the vacancy and the date of selection. 21 The resolution to fill the vacancy shall be accompanied 22 by a Statement of Candidacy, as prescribed in Section 7-10, 23 completed by the selected nominee and a receipt indicating 24 that such nominee has filed a statement of economic interests 25 as required by the Illinois Governmental Ethics Act. 26 The provisions of Sections 10-8 through 10-10.1 relating 27 to objections to nomination papers, hearings on objections 28 and judicial review, shall also apply to and govern 29 objections to nomination papers and resolutions for filling 30 vacancies in nomination filed pursuant to this Section. 31 Unless otherwise specified herein, the nomination and 32 election provided for in this Section shall be governed by 33 this Code. 34 (Source: P.A. 84-790.)