98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1676

 

Introduced 2/15/2013, by Sen. Matt Murphy

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-61  from Ch. 46, par. 7-61

    Amends the Election Code. Provides that when a vacancy in nomination occurs on or after the general primary but more than 90 days before certification of candidates for the general election ballot, other than because no candidate's name appeared on the general primary ballot and no write-in candidate was nominated, the vacancy may be filled only at a special primary election on a date set by the State Board of Elections but at least 30 days before the date of certification. Permits a vacancy in nomination occurring less than 91 days before certification of candidates for the general election ballot but more than 15 days before the general election to be filled by the political party's nominating committee only if the vacancy is due to the candidate's death or incapacitating illness. Adds inability to fulfill the duties of the office sought due to illness as an event creating a vacancy in nomination. (Now, a vacancy in nomination occurring on or after the general primary and before the 15th day before the general election is filled by the party's nominating committee by certain deadlines based upon when the vacancy occurs). Effective June 1, 2011.


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A BILL FOR

 

SB1676LRB098 06941 HLH 36998 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
57-61 as follows:
 
6    (10 ILCS 5/7-61)  (from Ch. 46, par. 7-61)
7    Sec. 7-61. Vacancy in nomination.
8    (a) Whenever a special election is necessary the provisions
9of this Article are applicable to the nomination of candidates
10to be voted for at such special election.
11    (b) In cases where a primary election is required for a
12special election, the officer or board or commission whose duty
13it is under the provisions of this Act relating to general
14elections to call an election, shall fix a date for the primary
15for the nomination of candidates to be voted for at such
16special election. Notice of such primary shall be given at
17least 15 days prior to the maximum time provided for the filing
18of petitions for such a primary as provided in Section 7-12.
19    (c) Except as provided in subsection (i), a vacancy in
20nomination occurring on or after the general primary and more
21than 90 days before certification of candidates for the general
22election ballot may be filled only by a special primary on a
23date set by the State Board of Elections. That date shall be at

 

 

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1least 30 days before certification of candidates for the
2general election ballot. The State Board shall establish the
3time periods with respect to that special primary for (i)
4circulation and filing of nominating petitions, (ii) filing,
5hearing, and determination of objections, (iii) certification
6of candidates, (iv) early and absentee voting, (v) canvassing
7of votes, (vi) declaration of primary results, and (vii) any
8other activity required for the conduct of the special primary.
9    A vacancy in nomination occurring less than 91 days before
10certification of candidates for the general election ballot but
11more than 15 days before the general election may be filled by
12resolution of the appropriate political party nominating
13committee (i) only if the vacancy was created by the nominee's
14death or inability to fulfill the duties of the office sought
15due to the nominee's illness and (ii) only if the vacancy is
16filled within 8 days after the vacancy is created.
17    (d) When subsection (c) does not apply, any Any vacancy in
18nomination under the provisions of this Article 7 occurring on
19or after a the primary and prior to certification of candidates
20by the certifying board or officer, must be filled by
21resolution of the appropriate political party's nominating
22committee prior to the date of certification or as provided in
23subsection (i) when that subsection applies. Any vacancy in
24nomination occurring after certification but prior to 15 days
25before the general election shall be filled within 8 days after
26the event creating the vacancy.

 

 

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1    (e) The resolution filling a the vacancy shall be sent by
2U. S. mail or personal delivery to the certifying officer or
3board within 3 days of the action by which the vacancy was
4filled; provided, if such resolution is sent by mail and the U.
5S. postmark on the envelope containing such resolution is dated
6prior to the expiration of such 3 day limit, the resolution
7shall be deemed filed within such 3 day limit. Failure to so
8transmit the resolution within the time specified in this
9Section shall authorize the certifying officer or board to
10certify the original candidate.
11    (f) Vacancies to be filled by resolution shall be filled by
12the officers of a local municipal or township political party
13as specified in subsection (h) of Section 7-8, other than a
14statewide political party, that is established only within a
15municipality or township and the managing committee (or
16legislative committee in case of a candidate for State Senator
17or representative committee in the case of a candidate for
18State Representative in the General Assembly or State central
19committee in the case of a candidate for statewide office,
20including but not limited to the office of United States
21Senator) of the respective political party for the territorial
22area in which such vacancy occurs.
23    The resolution to fill a vacancy in nomination shall be
24duly acknowledged before an officer qualified to take
25acknowledgements of deeds and shall include, upon its face, the
26following information:

 

 

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1        (1) (a) the name of the original nominee and the office
2    vacated;
3        (2) (b) the date on which the vacancy occurred;
4        (3) (c) the name and address of the nominee selected to
5    fill the vacancy and the date of selection.
6    The resolution to fill a vacancy in nomination shall be
7accompanied by a Statement of Candidacy, as prescribed in
8Section 7-10, completed by the selected nominee and a receipt
9indicating that such nominee has filed a statement of economic
10interests as required by the Illinois Governmental Ethics Act.
11    The provisions of Section 10-8 through 10-10.1 relating to
12objections to certificates of nomination and nomination
13papers, hearings on objections, and judicial review, shall
14apply to and govern objections to resolutions for filling a
15vacancy in nomination.
16    (g) Any vacancy in nomination occurring 15 days or less
17before the consolidated election or the general election shall
18not be filled. In this event, the certification of the original
19candidate shall stand and his name shall appear on the official
20ballot to be voted at the general election.
21    (h) A vacancy in nomination occurs when a candidate who has
22been nominated under the provisions of this Article 7 dies
23before the election (whether death occurs prior to, on, or
24after the day of the primary), is unable to fulfill the duties
25of the office sought due to his or her own illness, or declines
26the nomination; provided that nominations may become vacant for

 

 

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1other reasons.
2    (i) If the name of no established political party candidate
3was printed on the consolidated primary ballot for a particular
4office and if no person was nominated as a write-in candidate
5for such office, a vacancy in nomination shall be created which
6may be filled in accordance with the requirements of this
7Section. If the name of no established political party
8candidate was printed on the general primary ballot for a
9particular office and if no person was nominated as a write-in
10candidate for such office, a vacancy in nomination shall be
11filled only by a person designated by the appropriate committee
12of the political party and only if that designated person files
13nominating petitions with the number of signatures required for
14an established party candidate for that office within 75 days
15after the day of the general primary. The circulation period
16for those petitions begins on the day the appropriate committee
17designates that person. The person shall file his or her
18nominating petitions, statements of candidacy, notice of
19appointment by the appropriate committee, and receipt of filing
20his or her statement of economic interests together. These
21documents shall be filed at the same location as provided in
22Section 7-12. The electoral boards having jurisdiction under
23Section 10-9 to hear and pass upon objections to nominating
24petitions also shall hear and pass upon objections to
25nomination petitions filed by candidates under this paragraph.
26    (j) A candidate for whom a nomination paper has been filed

 

 

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1as a partisan candidate at a primary election, and who is
2defeated for his or her nomination at such primary election, is
3ineligible to be listed on the ballot at that general or
4consolidated election as a candidate of another political
5party.
6    A candidate seeking election to an office for which
7candidates of political parties are nominated by caucus who is
8a participant in the caucus and who is defeated for his or her
9nomination at such caucus, is ineligible to be listed on the
10ballot at that general or consolidated election as a candidate
11of another political party.
12    (k) In the nominating committee's proceedings to nominate a
13candidate to fill a vacancy or to fill a vacancy in the
14nomination, each precinct, township, ward, county or
15congressional district, as the case may be, shall through its
16representative on such central or managing committee, be
17entitled to one vote for each ballot voted in such precinct,
18township, ward, county or congressional district, as the case
19may be, by the primary electors of its party at the primary
20election immediately preceding the meeting at which such
21vacancy is to be filled.
22    (l) For purposes of this Section, the words "certify" and
23"certification" shall refer to the act of officially declaring
24the names of candidates entitled to be printed upon the
25official ballot at an election and directing election
26authorities to place the names of such candidates upon the

 

 

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1official ballot. "Certifying officers or board" shall refer to
2the local election official, election authority or the State
3Board of Elections, as the case may be, with whom nomination
4papers, including certificates of nomination and resolutions
5to fill vacancies in nomination, are filed and whose duty it is
6to "certify" candidates.
7(Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
 
8    Section 99. Effective date. This Act takes effect June 1,
92011.