State of Illinois
90th General Assembly
Legislation

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90_SB0089

      10 ILCS 5/8-17            from Ch. 46, par. 8-17
          Amends the Election Code.  Deletes requirement  that  the
      legislative  or  representative  committee  for a party shall
      fill a vacancy when a candidate for the primary declines  the
      nomination  or  the  nomination becomes vacant for any reason
      other than the death of  the  candidate.   Deletes  provision
      that  if  there  was  no  candidate for the nomination of the
      party in the primary, no candidate for the party shall be  on
      the  ballot  unless  the  party shall nominate a candidate to
      fill the vacancy within 60 days after the date of the general
      primary election.
                                                    LRB9001125MWpcA
                                              LRB9001125MWpcA
 1        AN ACT to amend the Election  Code  by  changing  Section
 2    8-17.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Election  Code  is  amended  by  changing
 6    Section 8-17 as follows:
 7        (10 ILCS 5/8-17) (from Ch. 46, par. 8-17)
 8        Sec.  8-17.   The death of any candidate prior to, or on,
 9    the date of the primary shall not affect the canvass  of  the
10    ballots.  If  the  result of such canvass discloses that such
11    candidate, if he had lived, would have been  nominated,  such
12    candidate shall be declared nominated.
13        In  the  event  that  a candidate of a party who has been
14    nominated under the provisions  of  this  Article  shall  die
15    before  election  (whether  death  occurs prior to, or on, or
16    after, the date of the primary) or decline the nomination  or
17    should the nomination for any other reason become vacant, the
18    legislative  or  representative  committee  of such party for
19    such district shall nominate a candidate  of  such  party  to
20    fill such vacancy. However, if there was no candidate for the
21    nomination  of the party in the primary, no candidate of that
22    party for that office may be listed  on  the  ballot  at  the
23    general  election,  unless  the legislative or representative
24    committee of the party nominates  a  candidate  to  fill  the
25    vacancy  in  nomination  within 60 days after the date of the
26    general primary election. Vacancies in  nomination  occurring
27    under  this  Article  shall  be  filled  by  the  appropriate
28    legislative  or  representative  committee in accordance with
29    the provisions of Section 7-61 of this Code.  In  proceedings
30    to fill the vacancy in nomination, the voting strength of the
31    members  of the legislative or representative committee shall
                            -2-               LRB9001125MWpcA
 1    be as provided in Section 8-6.
 2    (Source: P.A. 84-757; 84-790; 84-928; 84-1026.)

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