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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing Section | |||||||||||||||||||
5 | 7-61 as follows:
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6 | (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
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7 | Sec. 7-61. Whenever a special election is necessary the | |||||||||||||||||||
8 | provisions of
this Article are applicable to the nomination of | |||||||||||||||||||
9 | candidates to be voted
for at such special election.
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10 | In cases where a primary election is required the officer | |||||||||||||||||||
11 | or board or
commission whose duty it is under the provisions of | |||||||||||||||||||
12 | this Act relating to
general elections to call an election, | |||||||||||||||||||
13 | shall fix a date for the primary
for the nomination of | |||||||||||||||||||
14 | candidates to be voted for at such special
election. Notice of | |||||||||||||||||||
15 | such primary shall be given at least 15 days prior
to the | |||||||||||||||||||
16 | maximum time provided for the filing of petitions for such a
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17 | primary as provided in Section 7-12.
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18 | Any vacancy in nomination under the provisions of this | |||||||||||||||||||
19 | Article 7
occurring on or after the primary and prior to | |||||||||||||||||||
20 | certification of
candidates by the certifying board or officer, | |||||||||||||||||||
21 | must be filled prior to the
date of certification. Any vacancy | |||||||||||||||||||
22 | in nomination occurring after certification
but prior to 15 | |||||||||||||||||||
23 | days before the general election shall be filled within 8 days
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1 | after the event creating the vacancy. The resolution filling | ||||||
2 | the vacancy shall
be sent by U. S. mail or personal delivery to | ||||||
3 | the certifying officer or board
within 3 days of the action by | ||||||
4 | which the vacancy was filled; provided, if such
resolution is | ||||||
5 | sent by mail and the U. S. postmark on the envelope containing
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6 | such resolution is dated prior to the expiration of such 3 day | ||||||
7 | limit, the
resolution shall be deemed filed within such 3 day | ||||||
8 | limit. Failure to so
transmit the resolution within the time | ||||||
9 | specified in this Section shall
authorize the certifying | ||||||
10 | officer or board to certify the original candidate.
Vacancies | ||||||
11 | shall be filled by the officers of a local municipal or | ||||||
12 | township
political party as specified in subsection (h) of | ||||||
13 | Section 7-8, other than a
statewide political party, that is | ||||||
14 | established only within a municipality or
township and the | ||||||
15 | managing committee (or legislative committee in case of a
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16 | candidate for State Senator or representative committee in the | ||||||
17 | case of a
candidate for State Representative in the General | ||||||
18 | Assembly or State central committee in the case of a candidate | ||||||
19 | for statewide office, including but not limited to the office | ||||||
20 | of United States Senator) of the respective
political party for | ||||||
21 | the territorial area in which such vacancy occurs.
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22 | The resolution to fill a vacancy in nomination shall be | ||||||
23 | duly
acknowledged before an officer qualified to take | ||||||
24 | acknowledgements of deeds
and shall include, upon its face, the | ||||||
25 | following information:
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26 | (a) the name of the original nominee and the office |
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1 | vacated;
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2 | (b) the date on which the vacancy occurred;
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3 | (c) the name and address of the nominee selected to fill | ||||||
4 | the vacancy and
the date of selection.
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5 | The resolution to fill a vacancy in nomination shall be | ||||||
6 | accompanied by a
Statement of Candidacy, as prescribed in | ||||||
7 | Section 7-10, completed by the
selected nominee and a receipt | ||||||
8 | indicating that such nominee has filed a
statement of economic | ||||||
9 | interests as required by the Illinois Governmental
Ethics Act.
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10 | The provisions of Section 10-8 through 10-10.1 relating to | ||||||
11 | objections to
certificates of nomination and nomination | ||||||
12 | papers, hearings on objections,
and judicial review, shall | ||||||
13 | apply to and govern objections to resolutions
for filling a | ||||||
14 | vacancy in nomination.
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15 | Any vacancy in nomination occurring 15 days or less before | ||||||
16 | the consolidated
election or the general election shall not be | ||||||
17 | filled. In this event, the
certification of the original | ||||||
18 | candidate shall stand and his name shall
appear on the official | ||||||
19 | ballot to be voted at the general election.
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20 | A vacancy in nomination occurs when a candidate who has | ||||||
21 | been
nominated under the provisions of this Article 7 dies | ||||||
22 | before the
election (whether death occurs prior to, on or after | ||||||
23 | the day of the
primary), or declines the nomination; provided | ||||||
24 | that nominations may
become vacant for other reasons.
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25 | If the name of no established political party candidate was | ||||||
26 | printed on
the consolidated or general primary ballot for a |
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1 | particular office
and if no person was nominated as a write-in | ||||||
2 | candidate for such office,
a vacancy in nomination shall be | ||||||
3 | created which may be filled only by a person designated by the | ||||||
4 | appropriate committee of the political party who files | ||||||
5 | nominating petitions with the number of signatures, and at the | ||||||
6 | time, required for an independent candidate for that office | ||||||
7 | under Article 10. Before the deadline for filing nominating | ||||||
8 | petitions by independent candidates, the party committee shall | ||||||
9 | notify the election authority responsible for certifying | ||||||
10 | nominations for that office of the name of the person so | ||||||
11 | designated. in accordance
with the requirements of this | ||||||
12 | Section. If the name of no established political
party | ||||||
13 | candidate was printed on the general primary ballot for a | ||||||
14 | particular
office and if no person was nominated as a write-in | ||||||
15 | candidate for such office,
a vacancy in nomination shall be | ||||||
16 | created, but no candidate of the party for the
office shall be | ||||||
17 | listed on the ballot at the general election unless such
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18 | vacancy is filled in accordance with the requirements of this | ||||||
19 | Section within 60
days after the date of the general primary.
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20 | A candidate for whom a nomination paper has been filed as a | ||||||
21 | partisan
candidate at a primary election, and who is defeated | ||||||
22 | for his or her
nomination at such primary election, is | ||||||
23 | ineligible to be listed on the
ballot at that general or | ||||||
24 | consolidated election as a candidate of another
political | ||||||
25 | party.
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26 | A candidate seeking election to an office for which |
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1 | candidates of
political parties are nominated by caucus who is | ||||||
2 | a participant in the
caucus and who is defeated for his or her | ||||||
3 | nomination at such caucus, is
ineligible to be listed on the | ||||||
4 | ballot at that general or consolidated
election as a candidate | ||||||
5 | of another political party.
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6 | In the proceedings to nominate a candidate to fill a | ||||||
7 | vacancy or to
fill a vacancy in the nomination, each precinct, | ||||||
8 | township, ward, county
or congressional district, as the case | ||||||
9 | may be, shall through its
representative on such central or | ||||||
10 | managing committee, be entitled to one
vote for each ballot | ||||||
11 | voted in such precinct, township, ward, county or
congressional | ||||||
12 | district, as the case may be, by the primary electors of
its | ||||||
13 | party at the primary election immediately preceding the meeting | ||||||
14 | at
which such vacancy is to be filled.
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15 | For purposes of this Section, the words "certify" and | ||||||
16 | "certification"
shall refer to the act of officially declaring | ||||||
17 | the names of candidates
entitled to be printed upon the | ||||||
18 | official ballot at an election and
directing election | ||||||
19 | authorities to place the names of such candidates upon
the | ||||||
20 | official ballot. "Certifying officers or board" shall refer to | ||||||
21 | the
local election official, election authority or the State | ||||||
22 | Board of
Elections, as the case may be, with whom nomination | ||||||
23 | papers, including
certificates of nomination and resolutions | ||||||
24 | to fill vacancies in nomination,
are filed and whose duty it is | ||||||
25 | to "certify" candidates.
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26 | (Source: P.A. 94-645, eff. 8-22-05.)
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