HB4488sam004 103RD GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 5/23/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4488

2    AMENDMENT NO. ______. Amend House Bill 4488, AS AMENDED,
3with reference to page and line numbers of Senate Amendment
4No. 2, on page 14, line 21, after "1A-45," by inserting
5"2A-9,"; and
 
6on page 14, line 23, after "19A-21," by inserting "25-3,"; and
 
7on page 24, immediately below line 1, by inserting the
8following:
 
9    "(10 ILCS 5/2A-9)  (from Ch. 46, par. 2A-9)
10    (Text of Section WITHOUT the changes made by P.A. 89-719,
11which has been held unconstitutional)
12    Sec. 2A-9. Supreme, Appellate and Circuit Judges.
13    (a) If one of the following events occurs 134 92 or more
14days before a general primary election at which judges are to
15be nominated, the term of an incumbent judge will expire on the

 

 

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1first Monday in December of the next even-numbered year:
2        (1) the judge dies;
3        (2) the Chief Justice receives a written resignation
4    or notice of retirement, signed and submitted by the
5    judge, which specifies a date of resignation or retirement
6    on or before the first Monday in December of the next
7    even-numbered year;
8        (3) a statute mandates the judge's retirement for
9    reason of age on or before the first Monday in December of
10    the next even-numbered year;
11        (4) the judge was eligible to seek retention in the
12    next general election but failed to timely file a
13    declaration of candidacy to succeed himself or, having
14    timely filed such declaration, withdrew it;
15        (5) the judge is convicted of a felony or other
16    infamous crime;
17        (6) the judge is removed from office.
18    If one of the preceding events occurs less than 134 92 days
19before a primary election at which judges are to be nominated,
20the term of an incumbent judge will expire on the first Monday
21in December following the second general election thereafter.
22    (b) Judges of the Appellate and Circuit Courts shall be
23elected in their respective districts or circuits at the
24general election of each even-numbered year immediately
25preceding the expiration of the term of each incumbent judge,
26not retained, and shall enter upon the duties of their offices

 

 

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1on the first Monday of December after their election.
2    (c) Whenever an additional appellate or Circuit Judge is
3authorized by law, the office shall be filled in the manner
4provided for filling a vacancy in that office.
5(Source: P.A. 86-1348.)"; and
 
6on page 27, by replacing line 3 with the following:
7"of Elections not more than 85 113 days and not less than 82
8110"; and
 
9on page 78, immediately below line 11, by inserting the
10following:
 
11    "(10 ILCS 5/25-3)  (from Ch. 46, par. 25-3)
12    Sec. 25-3. (a) Whenever it is alleged that a vacancy in any
13office exists, the officer, body, or county board who has
14authority to fill the vacancy by appointment, or to order an
15election to fill such vacancy, shall have power to determine
16whether or not the facts occasioning such vacancy exist.
17    (b) On or before the 141st 100th day previous to the day of
18election for which judicial candidates are to be nominated:
19        (1) The Chief Justice of the Supreme Court shall
20    certify to the State Board of Elections the names of all
21    judges who have died, resigned, retired or forfeited their
22    office since the last general election and whose vacancies
23    will be filled at the next general election.

 

 

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1        (2) The secretary of the Illinois Courts Commission
2    shall certify to the State Board of Elections the names of
3    judges who have been removed from office and whose
4    vacancies will be filled at the next general election.
5        (3) The Secretary of State shall certify to the State
6    Board of Elections the names of judges who were eligible
7    to stand for retention at the next general election, but
8    failed to file a declaration of candidacy to succeed
9    themselves in office or, having timely filed such a
10    declaration, withdrew it.
11        (4) The State Board of Elections shall determine
12    whether the General Assembly has created new judgeships
13    which are to be filled at the next general election.
14    If one of the events described in subsection (a) of
15Section 2A-9 of this Code occurs between the 141st 100th day
16and the 134th 92nd day previous to the day of election for
17which judicial candidates are to be nominated, the appropriate
18aforementioned officer shall promptly certify the vacancy to
19the State Board of Elections.
20    (c) Except with regard to new judgeships which have been
21created by the General Assembly, the State Board of Elections
22may rely upon the certifications from the Supreme Court, the
23Illinois Courts Commission and the Secretary of State to
24determine (1) when vacancies in judicial office exist and (2)
25the judicial positions for which elections are to be held.
26(Source: P.A. 86-1348.)"; and
 

 

 

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1on page 89, by replacing line 1 with the following:
2"Sections 45-55 and 70-45 as follows:"; and
 
3by deleting everything from line 2 on page 89 through line 12
4on page 93.".