Full Text of HB0723 96th General Assembly
HB0723enr 96TH GENERAL ASSEMBLY
|
|
|
HB0723 Enrolled |
|
LRB096 07608 JAM 17704 b |
|
| 1 |
| AN ACT concerning elections.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Election Code is amended by changing Section | 5 |
| 7-61 as follows:
| 6 |
| (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
| 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.
| 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
| 17 |
| primary as provided in Section 7-12.
| 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
|
|
|
|
HB0723 Enrolled |
- 2 - |
LRB096 07608 JAM 17704 b |
|
| 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
| 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
| 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.
| 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:
| 26 |
| (a) the name of the original nominee and the office |
|
|
|
HB0723 Enrolled |
- 3 - |
LRB096 07608 JAM 17704 b |
|
| 1 |
| vacated;
| 2 |
| (b) the date on which the vacancy occurred;
| 3 |
| (c) the name and address of the nominee selected to fill | 4 |
| the vacancy and
the date of selection.
| 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.
| 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.
| 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.
| 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.
| 25 |
| If the name of no established political party candidate was | 26 |
| printed on
the consolidated primary ballot for a particular |
|
|
|
HB0723 Enrolled |
- 4 - |
LRB096 07608 JAM 17704 b |
|
| 1 |
| office
and if no person was nominated as a write-in candidate | 2 |
| for such office,
a vacancy in nomination shall be created which | 3 |
| may be filled in accordance
with the requirements of this | 4 |
| Section. If the name of no established political
party | 5 |
| candidate was printed on the general primary ballot for a | 6 |
| particular
office and if no person was nominated as a write-in | 7 |
| candidate for such office,
a vacancy in nomination shall be | 8 |
| filled only by a person designated by the appropriate committee | 9 |
| of the political party and only if that designated person files | 10 |
| nominating petitions with the number of signatures required for | 11 |
| an established party candidate for that office within 75 days | 12 |
| after the day of the general primary. The circulation period | 13 |
| for those petitions begins on the day the appropriate committee | 14 |
| designates that person. The person shall file his or her | 15 |
| nominating petitions, statements of candidacy, notice of | 16 |
| appointment by the appropriate committee, and receipt of filing | 17 |
| his or her statement of economic interests together. The State | 18 |
| Board of Elections shall hear and pass upon all objections to | 19 |
| nomination petitions filed by candidates under this paragraph. | 20 |
| created, but no candidate of the party for the
office shall be | 21 |
| listed on the ballot at the general election unless such
| 22 |
| vacancy is filled in accordance with the requirements of this | 23 |
| Section within 60
days after the date of the general primary.
| 24 |
| A candidate for whom a nomination paper has been filed as a | 25 |
| partisan
candidate at a primary election, and who is defeated | 26 |
| for his or her
nomination at such primary election, is |
|
|
|
HB0723 Enrolled |
- 5 - |
LRB096 07608 JAM 17704 b |
|
| 1 |
| ineligible to be listed on the
ballot at that general or | 2 |
| consolidated election as a candidate of another
political | 3 |
| party.
| 4 |
| A candidate seeking election to an office for which | 5 |
| candidates of
political parties are nominated by caucus who is | 6 |
| a participant in the
caucus and who is defeated for his or her | 7 |
| nomination at such caucus, is
ineligible to be listed on the | 8 |
| ballot at that general or consolidated
election as a candidate | 9 |
| of another political party.
| 10 |
| In the proceedings to nominate a candidate to fill a | 11 |
| vacancy or to
fill a vacancy in the nomination, each precinct, | 12 |
| township, ward, county
or congressional district, as the case | 13 |
| may be, shall through its
representative on such central or | 14 |
| managing committee, be entitled to one
vote for each ballot | 15 |
| voted in such precinct, township, ward, county or
congressional | 16 |
| district, as the case may be, by the primary electors of
its | 17 |
| party at the primary election immediately preceding the meeting | 18 |
| at
which such vacancy is to be filled.
| 19 |
| For purposes of this Section, the words "certify" and | 20 |
| "certification"
shall refer to the act of officially declaring | 21 |
| the names of candidates
entitled to be printed upon the | 22 |
| official ballot at an election and
directing election | 23 |
| authorities to place the names of such candidates upon
the | 24 |
| official ballot. "Certifying officers or board" shall refer to | 25 |
| the
local election official, election authority or the State | 26 |
| Board of
Elections, as the case may be, with whom nomination |
|
|
|
HB0723 Enrolled |
- 6 - |
LRB096 07608 JAM 17704 b |
|
| 1 |
| papers, including
certificates of nomination and resolutions | 2 |
| to fill vacancies in nomination,
are filed and whose duty it is | 3 |
| to "certify" candidates.
| 4 |
| (Source: P.A. 94-645, eff. 8-22-05.)
|
|