State of Illinois
91st General Assembly
Legislation

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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.)

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