SB3080 95TH GENERAL ASSEMBLY

LRB095 23190 JAM 53841 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB3080

Introduced 12/16/2008, by Sen. Christine Radogno - Frank C. Watson - John J. Millner - Chris Lauzen and All Republican Senators

SYNOPSIS AS INTRODUCED:

10 ILCS 5/2A-1	from Ch. 46, par. 2A-1
10 ILCS 5/16-12 new
10 ILCS 5/19A-15
10 ILCS 5/24A-23 new
10 ILCS 5/24B-21 new
10 ILCS 5/24C-20 new
10 ILCS 5/25-9 new

Amends the Election Code. Provides for special primaries and elections to fill vacancies following the 2008 general election and occurring on or before January 1, 2009 in the office of United States Senator or office of Representative in Congress. Makes implementing and conforming changes. These provisions are repealed on January 1, 2010. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 2A-1 and 19A-15 and by adding Sections 16-12, 24A-23, 24B-21, 24C-20, and 25-9 as follows:

(10 ILCS 5/2A-1) (from Ch. 46, par. 2A-1)

(Text of Section WITH the changes made by P.A. 89-719, which has been held unconstitutional)

Sec. 2A-1. All Elections - Governed by this Code - Construction of Article 2A.

(a) No public question may be submitted to any voters in this State, nor may any person be nominated for public office or elected to public or political party office in this State except pursuant to this Code, notwithstanding the provisions of any other statute or municipal charter. However, this Code shall not apply to elections for officers or public questions of local school councils established pursuant to Chapter 34 of the School Code, soil and water conservation districts or drainage districts, except as specifically made applicable by another statute.

(b) All elections in this State shall be held in accordance with the consolidated schedule of elections established in Sections 2A-1.1 and 2A-1.2. No election may be held on any date other than a date on which an election is scheduled under Section 2A-1.1, except special primaries and special elections pursuant to Section 25-9, special elections to fill congressional vacancies held pursuant to writs of election issued by the Governor, judicial elections to fill vacancies in the office of Supreme Court Judge held pursuant to writs of election issued by the Governor under subsection (a-5) of Section 2A-9, township referenda and votes of the town electors held at the annual town meeting, emergency referenda approved pursuant to Section 2A-1.4, special elections held between January 1, 1995 and July 1, 1995 under Section 34-53 of the School Code, and city, village or incorporated town primary elections in even-numbered years expressly authorized in this Article to provide for annual partisan elections.

(c) At the respective elections established in Section 2A-1.1, candidates shall be elected to office, nominated for election thereto or placed on the ballot as otherwise required by this Code, and public questions may be submitted, as specified in Section 2A-1.2.

(d) If the requirements of Section 2A-1.2 conflict with any specific provision of Sections 2A-2 through 2A-54, as applied to any office or election, the requirements of Section 2A-1.2 prevail, and shall be enforced by the State Board of Elections.

(e) In the event any court of competent jurisdiction declares an election void, the court may order another election without regard to the schedule of elections set forth in this Article.

(Source: P.A. 89-719, eff. 3-7-97.)

(Text of Section WITHOUT the changes made by P.A. 89-719, which has been held unconstitutional)

Sec. 2A-1. All Elections - Governed by this Code - Construction of Article 2A.

(a) No public question may be submitted to any voters in this State, nor may any person be nominated for public office or elected to public or political party office in this State except pursuant to this Code, notwithstanding the provisions of any other statute or municipal charter. However, this Code shall not apply to elections for officers or public questions of local school councils established pursuant to Chapter 34 of the School Code, soil and water conservation districts or drainage districts, except as specifically made applicable by another statute.

(b) All elections in this State shall be held in accordance with the consolidated schedule of elections established in Sections 2A-1.1 and 2A-1.2. No election may be held on any date other than a date on which an election is scheduled under Section 2A-1.1, except special primaries and special elections pursuant to Section 25-9, special elections to fill congressional vacancies held pursuant to writs of election issued by the Governor, township referenda and votes of the town electors held at the annual town meeting, emergency referenda approved pursuant to Section 2A-1.4, special elections held between January 1, 1995 and July 1, 1995 under Section 34-53 of the School Code, and city, village or incorporated town primary elections in even-numbered years expressly authorized in this Article to provide for annual partisan elections.

(c) At the respective elections established in Section 2A-1.1, candidates shall be elected to office, nominated for election thereto or placed on the ballot as otherwise required by this Code, and public questions may be submitted, as specified in Section 2A-1.2.

(d) If the requirements of Section 2A-1.2 conflict with any specific provision of Sections 2A-2 through 2A-54, as applied to any office or election, the requirements of Section 2A-1.2 prevail, and shall be enforced by the State Board of Elections.

(e) In the event any court of competent jurisdiction declares an election void, the court may order another election without regard to the schedule of elections set forth in this Article.

(Source: P.A. 88-511.)

(10 ILCS 5/16-12 new)

Sec. 16-12. Separate ballots for 2009 special primary and special election. Notwithstanding any other provision of this Code, an election authority may prepare and use ballots for the special primary and special election conducted pursuant to Section 25-9 that are separate from the 2009 consolidated primary and consolidated election ballots. This Section is repealed on January 1, 2010.

(10 ILCS 5/19A-15)

Sec. 19A-15. Period for early voting; hours.

(a) The period for early voting by personal appearance begins the 22nd day preceding a general primary, consolidated primary, consolidated, or general election, a special primary conducted pursuant to Section 25-9, or a special election conducted pursuant to Section 25-9 and extends through the 5th day before election day.

(b) A permanent polling place for early voting must remain open during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on Saturdays, Sundays, and holidays.

(Source: P.A. 94-645, eff. 8-22-05.)

(10 ILCS 5/24A-23 new)

Sec. 24A-23. Separate ballot cards for 2009 special primary and special election. Notwithstanding any other provision of this Code, an election authority may prepare and use ballot cards for the special primary and special election conducted pursuant to Section 25-9 that are separate from the 2009 consolidated primary and consolidated election ballot cards. This Section is repealed on January 1, 2010.

(10 ILCS 5/24B-21 new)

Sec. 24B-21. Separate ballot sheets for 2009 special primary and special election. Notwithstanding any other provision of this Code, an election authority may prepare and use ballot sheets for the special primary and special election conducted pursuant to Section 25-9 that are separate from the 2009 consolidated primary and consolidated election ballot sheets. This Section is repealed on January 1, 2010.

(10 ILCS 5/24C-20 new)

Sec. 24C-20. Separate ballot screens for 2009 special primary and special election. Notwithstanding any other provision of this Code, an election authority may prepare and use ballot screens for the special primary and special election conducted pursuant to Section 25-9 that are separate from the 2009 consolidated primary and consolidated election ballot screens. This Section is repealed on January 1, 2010.

(10 ILCS 5/25-9 new)

Sec. 25-9. Special provisions for filling a vacancy in the office of U. S. Senator or Representative.

(a) Notwithstanding any other provision of this Code, each vacancy following the 2008 general election and occurring on or before January 1, 2009 in the office of United States Senator or office of Representative in Congress must be filled in accordance with the provisions of this Section. Any temporary appointment made pursuant to Section 25-8 shall expire upon certification of the results of any special election conducted pursuant to this Section.

(b) If and only if this amendatory Act of the 95th General Assembly takes effect on or before January 1, 2009, each vacancy in the office of United States Senator occurring on or before January 1, 2009 shall be filled by the people at a special election to be held on the same day as the next consolidated election. Candidates of established political parties shall be nominated for the office to be filled by special election at a primary election to be held on the same day as the next consolidated primary election.

(c) If and only if this amendatory Act of the 95th General Assembly takes effect on or after January 2, 2009, each vacancy in the office of United States Senator occurring on or before January 1, 2009 shall be filled by the people at a special election to be held on May 26, 2009. Candidates of established political parties shall be nominated for the office to be filled by special election at a special primary election to be held on the same day as the consolidated election held on April 7, 2009.

(d) If and only if this amendatory Act of the 95th General Assembly takes effect on or before January 1, 2009, each vacancy in the office of Representative in Congress occurring on or before January 1, 2009 shall be filled by the people at a special election to be held on the same day as the next consolidated election. Candidates of established political parties shall be nominated for the office to be filled by special election at a primary election to be held on the same day as the next consolidated primary election.

(e) If and only if this amendatory Act of the 95th General Assembly takes effect on or after January 2, 2009, each vacancy in the office of Representative in Congress occurring on or before January 1, 2009 shall be filled by the people at a special election to be held on May 26, 2009. Candidates of established political parties shall be nominated for the office to be filled by special election at a special primary election to be held on the same day as the consolidated election held on April 7, 2009.

(f) Within 5 days after the effective date of this amendatory Act of the 95th General Assembly for vacancies existing on that effective date or within 5 days after the vacancy for vacancies occurring after that effective date, the Governor must issue any writs of election necessary to carry out the provisions of this Section. If the Governor fails to issue any such writs within the 5-day period, then the Lieutenant Governor shall issue those writs within 3 days after the end of that 5-day period.

(g) If this Section requires that a special primary be conducted at the 2009 consolidated primary within a municipality that by law is permitted to not conduct a consolidated primary, then the special primary required by this Section must nonetheless be conducted in that municipality on the day specified by this Code for the consolidated primary.

(h) The State Board of Elections shall by emergency rule establish the time periods with respect to special primaries and special elections required under this Section for (i) circulation and filing of nominating petitions, (ii) filing, hearing, and determination of objections, (iii) certification of candidates, (iv) notification to qualified electors, (v) absentee voting, (vi) canvassing of votes, (vii) declaration of results, and (viii) any other activity required for the conduct of the special primary or special election.

(i) This Section is repealed on January 1, 2010.

Section 99. Effective date. This Act takes effect upon becoming law.