HB4488sam004 103RD GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 5/23/2024

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AMENDMENT TO HOUSE BILL 4488

AMENDMENT NO. ______. Amend House Bill 4488, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 2, on page 14, line 21, after "1A-45," by inserting "2A-9,"; and

on page 14, line 23, after "19A-21," by inserting "25-3,"; and

on page 24, immediately below line 1, by inserting the following:

"(10 ILCS 5/2A-9) (from Ch. 46, par. 2A-9)

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

Sec. 2A-9. Supreme, Appellate and Circuit Judges.

(a) If one of the following events occurs 134 92 or more days before a general primary election at which judges are to be nominated, the term of an incumbent judge will expire on the first Monday in December of the next even-numbered year:

(1) the judge dies;

(2) the Chief Justice receives a written resignation or notice of retirement, signed and submitted by the judge, which specifies a date of resignation or retirement on or before the first Monday in December of the next even-numbered year;

(3) a statute mandates the judge's retirement for reason of age on or before the first Monday in December of the next even-numbered year;

(4) the judge was eligible to seek retention in the next general election but failed to timely file a declaration of candidacy to succeed himself or, having timely filed such declaration, withdrew it;

(5) the judge is convicted of a felony or other infamous crime;

(6) the judge is removed from office.

If one of the preceding events occurs less than 134 92 days before a primary election at which judges are to be nominated, the term of an incumbent judge will expire on the first Monday in December following the second general election thereafter.

(b) Judges of the Appellate and Circuit Courts shall be elected in their respective districts or circuits at the general election of each even-numbered year immediately preceding the expiration of the term of each incumbent judge, not retained, and shall enter upon the duties of their offices on the first Monday of December after their election.

(c) Whenever an additional appellate or Circuit Judge is authorized by law, the office shall be filled in the manner provided for filling a vacancy in that office.

(Source: P.A. 86-1348.)"; and

on page 27, by replacing line 3 with the following: "of Elections not more than 85 113 days and not less than 82 110"; and

on page 78, immediately below line 11, by inserting the following:

"(10 ILCS 5/25-3) (from Ch. 46, par. 25-3)

Sec. 25-3. (a) Whenever it is alleged that a vacancy in any office exists, the officer, body, or county board who has authority to fill the vacancy by appointment, or to order an election to fill such vacancy, shall have power to determine whether or not the facts occasioning such vacancy exist.

(b) On or before the 141st 100th day previous to the day of election for which judicial candidates are to be nominated:

(1) The Chief Justice of the Supreme Court shall certify to the State Board of Elections the names of all judges who have died, resigned, retired or forfeited their office since the last general election and whose vacancies will be filled at the next general election.

(2) The secretary of the Illinois Courts Commission shall certify to the State Board of Elections the names of judges who have been removed from office and whose vacancies will be filled at the next general election.

(3) The Secretary of State shall certify to the State Board of Elections the names of judges who were eligible to stand for retention at the next general election, but failed to file a declaration of candidacy to succeed themselves in office or, having timely filed such a declaration, withdrew it.

(4) The State Board of Elections shall determine whether the General Assembly has created new judgeships which are to be filled at the next general election.

If one of the events described in subsection (a) of Section 2A-9 of this Code occurs between the 141st 100th day and the 134th 92nd day previous to the day of election for which judicial candidates are to be nominated, the appropriate aforementioned officer shall promptly certify the vacancy to the State Board of Elections.

(c) Except with regard to new judgeships which have been created by the General Assembly, the State Board of Elections may rely upon the certifications from the Supreme Court, the Illinois Courts Commission and the Secretary of State to determine (1) when vacancies in judicial office exist and (2) the judicial positions for which elections are to be held.

(Source: P.A. 86-1348.)"; and

on page 89, by replacing line 1 with the following: "Sections 45-55 and 70-45 as follows:"; and

by deleting everything from line 2 on page 89 through line 12 on page 93.".