|
Sen. John J. Cullerton
Filed: 1/6/2015
| | 09800HB4576sam002 | | LRB098 18016 MGM 62874 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 4576
|
2 | | AMENDMENT NO. ______. Amend House Bill 4576, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
|
5 | | "Section 5. The Election Code is amended by adding Section |
6 | | 7-68 and changing Section 25-5 as follows: |
7 | | (10 ILCS 5/7-68 new) |
8 | | Sec. 7-68. Nominations for special election for Attorney |
9 | | General, Secretary of State, Comptroller, or Treasurer. |
10 | | (a) Whenever a special election for the office of Attorney |
11 | | General, Secretary of State, Comptroller, or Treasurer is to be |
12 | | held pursuant to Section 25-5 of this Code, nominations shall |
13 | | be made and any vacancy in nomination shall be filled pursuant |
14 | | to this Section. |
15 | | (1) If the vacancy in office or failure to qualify for |
16 | | the office occurs before the first date provided in Section |
|
| | 09800HB4576sam002 | - 2 - | LRB098 18016 MGM 62874 a |
|
|
1 | | 7-12 for filing nomination papers for the primary in the |
2 | | next even-numbered year following the commencement of the |
3 | | term, the nominations for the special election shall be |
4 | | made as otherwise provided in this Article 7. The |
5 | | nomination for the office to be filled by special election |
6 | | shall appear on the regular ballot at the primary election, |
7 | | and shall not require the use of a separate ballot. |
8 | | (2) If the vacancy in office or failure to qualify |
9 | | occurs on or after the first day provided in Section 7-12 |
10 | | for filing nomination papers for the primary in the next |
11 | | even-numbered year following the commencement of the term, |
12 | | a vacancy in nomination shall be deemed to have occurred |
13 | | and the State central committee of each established |
14 | | political party shall nominate, by resolution, a candidate |
15 | | to fill such vacancy in nomination for the election to such |
16 | | office at such general election. |
17 | | The resolution to fill the vacancy in nomination shall |
18 | | include the following information: |
19 | | (A) the names of the original office holder and the |
20 | | office; |
21 | | (B) the date on which the vacancy in nomination |
22 | | occurred; |
23 | | (C) the name and address of the nominee selected to |
24 | | fill the vacancy in nomination and the date of |
25 | | selection. |
26 | | The resolution to fill the vacancy in nomination shall |
|
| | 09800HB4576sam002 | - 3 - | LRB098 18016 MGM 62874 a |
|
|
1 | | be accompanied by a Statement of Candidacy, as prescribed |
2 | | in Section 7-10, completed by the selected nominee and a |
3 | | receipt indicating that such nominee has filed a statement |
4 | | of economic interests as required by the Illinois |
5 | | Governmental Ethics Act. |
6 | | (b) Any vacancy in nomination occurring on or after the |
7 | | primary and prior to certification must be filled prior to the |
8 | | date of certification. Any vacancy in nomination occurring |
9 | | after certification but prior to 15 days before the general |
10 | | election shall be filled within 8 days after the event creating |
11 | | the vacancy in nomination. |
12 | | (c) The provisions of Sections 10-8 through 10-10.1 |
13 | | relating to objections to nomination papers, hearings on |
14 | | objections and judicial review, shall also apply to and govern |
15 | | objections to nomination papers and resolutions for filling |
16 | | vacancies in nomination filed pursuant to this Section. |
17 | | (d) Unless otherwise specified herein, the nomination and |
18 | | special election provided for in this Section shall be governed |
19 | | by this Code.
|
20 | | (10 ILCS 5/25-5) (from Ch. 46, par. 25-5)
|
21 | | Sec. 25-5.
In accordance with Section 7 of Article V of the |
22 | | Illinois Constitution of 1970, if the Attorney General, |
23 | | Secretary of State, Comptroller, or Treasurer fails to qualify, |
24 | | or if his or her office becomes vacant, the Governor shall fill |
25 | | the office by appointment. If there are 28 months or less |
|
| | 09800HB4576sam002 | - 4 - | LRB098 18016 MGM 62874 a |
|
|
1 | | remaining in the term at the time of the vacancy or failure to |
2 | | qualify, the appointed officer shall serve for the remainder of |
3 | | the term. If there are more than 28 months remaining in the |
4 | | term at the time of the vacancy or failure to qualify, the |
5 | | office shall be filled by a special election to be held at the |
6 | | next general election. In the case of a special election |
7 | | pursuant to this Section, the appointed officer shall serve |
8 | | until the election results are certified and the person elected |
9 | | at the special election is qualified. Nominations shall be made |
10 | | in accordance with Section 7-68 of this Code. For purposes of |
11 | | this Section, a special election shall not be held if the |
12 | | person elected to the office failed to qualify for a period of |
13 | | less than 30 calendar days. The office to be filled by special |
14 | | election shall appear on the regular ballot at the general |
15 | | election, and shall not require the use of a separate ballot. |
16 | | When a vacancy shall occur in the office of Secretary of State, |
17 | | State
Comptroller, Treasurer or Attorney General, the Governor |
18 | | shall fill the
same by appointment, and the appointee shall |
19 | | hold his office during the
remainder of the term, and until his |
20 | | successor is elected and qualified.
|
21 | | (Source: P.A. 78-592.)
|
22 | | Section 99. Effective date. This Act takes effect upon |
23 | | becoming law.".
|