Elections & Campaign Reform Committee
Filed: 3/11/2008
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1 | AMENDMENT TO HOUSE BILL 5263
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2 | AMENDMENT NO. ______. Amend House Bill 5263 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Section 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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1 | primary as provided in Section 7-12.
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2 | Any vacancy in nomination under the provisions of this | ||||||
3 | Article 7
occurring on or after the primary and prior to | ||||||
4 | certification of
candidates by the certifying board or officer, | ||||||
5 | must be filled prior to the
date of certification. Any vacancy | ||||||
6 | in nomination occurring after certification
but prior to 15 | ||||||
7 | days before the general election shall be filled within 8 days
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8 | after the event creating the vacancy. The resolution filling | ||||||
9 | the vacancy shall
be sent by U. S. mail or personal delivery to | ||||||
10 | the certifying officer or board
within 3 days of the action by | ||||||
11 | which the vacancy was filled; provided, if such
resolution is | ||||||
12 | sent by mail and the U. S. postmark on the envelope containing
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13 | such resolution is dated prior to the expiration of such 3 day | ||||||
14 | limit, the
resolution shall be deemed filed within such 3 day | ||||||
15 | limit. Failure to so
transmit the resolution within the time | ||||||
16 | specified in this Section shall
authorize the certifying | ||||||
17 | officer or board to certify the original candidate.
Vacancies | ||||||
18 | shall be filled by the officers of a local municipal or | ||||||
19 | township
political party as specified in subsection (h) of | ||||||
20 | Section 7-8, other than a
statewide political party, that is | ||||||
21 | established only within a municipality or
township and the | ||||||
22 | managing committee (or legislative committee in case of a
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23 | candidate for State Senator or representative committee in the | ||||||
24 | case of a
candidate for State Representative in the General | ||||||
25 | Assembly or State central committee in the case of a candidate | ||||||
26 | for statewide office, including but not limited to the office |
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1 | of United States Senator) of the respective
political party for | ||||||
2 | the territorial area in which such vacancy occurs.
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3 | The resolution to fill a vacancy in nomination shall be | ||||||
4 | duly
acknowledged before an officer qualified to take | ||||||
5 | acknowledgements of deeds
and shall include, upon its face, the | ||||||
6 | following information:
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7 | (a) the name of the original nominee and the office | ||||||
8 | vacated;
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9 | (b) the date on which the vacancy occurred;
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10 | (c) the name and address of the nominee selected to fill | ||||||
11 | the vacancy and
the date of selection.
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12 | The resolution to fill a vacancy in nomination shall be | ||||||
13 | accompanied by a
Statement of Candidacy, as prescribed in | ||||||
14 | Section 7-10, completed by the
selected nominee and a receipt | ||||||
15 | indicating that such nominee has filed a
statement of economic | ||||||
16 | interests as required by the Illinois Governmental
Ethics Act.
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17 | The provisions of Section 10-8 through 10-10.1 relating to | ||||||
18 | objections to
certificates of nomination and nomination | ||||||
19 | papers, hearings on objections,
and judicial review, shall | ||||||
20 | apply to and govern objections to resolutions
for filling a | ||||||
21 | vacancy in nomination.
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22 | Any vacancy in nomination occurring 15 days or less before | ||||||
23 | the consolidated
election or the general election shall not be | ||||||
24 | filled. In this event, the
certification of the original | ||||||
25 | candidate shall stand and his name shall
appear on the official | ||||||
26 | ballot to be voted at the general election.
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1 | A vacancy in nomination occurs when a candidate who has | ||||||
2 | been
nominated under the provisions of this Article 7 dies | ||||||
3 | before the
election (whether death occurs prior to, on or after | ||||||
4 | the day of the
primary), or declines the nomination; provided | ||||||
5 | that nominations may
become vacant for other reasons.
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6 | If the name of no established political party candidate was | ||||||
7 | printed on
the consolidated primary ballot for a particular | ||||||
8 | office
and if no person was nominated as a write-in candidate | ||||||
9 | for such office,
a vacancy in nomination shall be created which | ||||||
10 | may be filled in accordance
with the requirements of this | ||||||
11 | Section within 16 days after the day of the consolidated | ||||||
12 | primary . 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 | filled only by a person designated by the appropriate committee | ||||||
17 | of the political party (i) whose name is submitted by that | ||||||
18 | committee to the State Board of Elections within 60 days after | ||||||
19 | the day of the general primary and (ii) who files nominating | ||||||
20 | petitions with the number of signatures, and at the time, | ||||||
21 | required for an independent candidate for that office under | ||||||
22 | Article 10. The circulation period for those petitions begins | ||||||
23 | on the day the State Board of Elections receives from the | ||||||
24 | committee the notice of the person's name. The State Board of | ||||||
25 | Elections shall hear and pass upon all objections to nomination | ||||||
26 | petitions filed by candidates under this paragraph. created, |
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1 | but no candidate of the party for the
office shall be listed on | ||||||
2 | the ballot at the general election unless such
vacancy is | ||||||
3 | filled in accordance with the requirements of this Section | ||||||
4 | within 60
days after the date of the general primary.
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5 | A candidate for whom a nomination paper has been filed as a | ||||||
6 | partisan
candidate at a primary election, and who is defeated | ||||||
7 | for his or her
nomination at such primary election, is | ||||||
8 | ineligible to be listed on the
ballot at that general or | ||||||
9 | consolidated election as a candidate of another
political | ||||||
10 | party.
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11 | A candidate seeking election to an office for which | ||||||
12 | candidates of
political parties are nominated by caucus who is | ||||||
13 | a participant in the
caucus and who is defeated for his or her | ||||||
14 | nomination at such caucus, is
ineligible to be listed on the | ||||||
15 | ballot at that general or consolidated
election as a candidate | ||||||
16 | of another political party.
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17 | In the proceedings to nominate a candidate to fill a | ||||||
18 | vacancy or to
fill a vacancy in the nomination, each precinct, | ||||||
19 | township, ward, county
or congressional district, as the case | ||||||
20 | may be, shall through its
representative on such central or | ||||||
21 | managing committee, be entitled to one
vote for each ballot | ||||||
22 | voted in such precinct, township, ward, county or
congressional | ||||||
23 | district, as the case may be, by the primary electors of
its | ||||||
24 | party at the primary election immediately preceding the meeting | ||||||
25 | at
which such vacancy is to be filled.
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26 | For purposes of this Section, the words "certify" and |
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1 | "certification"
shall refer to the act of officially declaring | ||||||
2 | the names of candidates
entitled to be printed upon the | ||||||
3 | official ballot at an election and
directing election | ||||||
4 | authorities to place the names of such candidates upon
the | ||||||
5 | official ballot. "Certifying officers or board" shall refer to | ||||||
6 | the
local election official, election authority or the State | ||||||
7 | Board of
Elections, as the case may be, with whom nomination | ||||||
8 | papers, including
certificates of nomination and resolutions | ||||||
9 | to fill vacancies in nomination,
are filed and whose duty it is | ||||||
10 | to "certify" candidates.
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11 | (Source: P.A. 94-645, eff. 8-22-05.)".
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