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Public Act 098-1170
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| HB4576 Enrolled | LRB098 18016 OMW 53143 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by adding Section |
7-68 and changing Section 25-5 as follows:
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(10 ILCS 5/7-68 new) |
Sec. 7-68. Nominations for special election for Attorney |
General, Secretary of State, Comptroller, or Treasurer. |
(a) Whenever a special election for the office of Attorney |
General, Secretary of State, Comptroller, or Treasurer is to be |
held pursuant to Section 25-5 of this Code, nominations shall |
be made and any vacancy in nomination shall be filled pursuant |
to this Section. |
(1) If the vacancy in office or failure to qualify for |
the office occurs before the first date provided in Section |
7-12 for filing nomination papers for the primary in the |
next even-numbered year following the commencement of the |
term, the nominations for the special election shall be |
made as otherwise provided in this Article 7. The |
nomination for the office to be filled by special election |
shall appear on the regular ballot at the primary election, |
and shall not require the use of a separate ballot. |
(2) If the vacancy in office or failure to qualify |
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occurs on or after the first day provided in Section 7-12 |
for filing nomination papers for the primary in the next |
even-numbered year following the commencement of the term, |
a vacancy in nomination shall be deemed to have occurred |
and the State central committee of each established |
political party shall nominate, by resolution, a candidate |
to fill such vacancy in nomination for the election to such |
office at such general election. |
The resolution to fill the vacancy in nomination shall |
include the following information: |
(A) the names of the original office holder and the |
office; |
(B) the date on which the vacancy in nomination |
occurred; |
(C) the name and address of the nominee selected to |
fill the vacancy in nomination and the date of |
selection. |
The resolution to fill the vacancy in nomination shall |
be accompanied by a Statement of Candidacy, as prescribed |
in Section 7-10, completed by the selected nominee and a |
receipt indicating that such nominee has filed a statement |
of economic interests as required by the Illinois |
Governmental Ethics Act. |
(b) Any vacancy in nomination occurring on or after the |
primary and prior to certification must be filled prior to the |
date of certification. Any vacancy in nomination occurring |
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after certification but prior to 15 days before the general |
election shall be filled within 8 days after the event creating |
the vacancy in nomination. |
(c) The provisions of Sections 10-8 through 10-10.1 |
relating to objections to nomination papers, hearings on |
objections and judicial review, shall also apply to and govern |
objections to nomination papers and resolutions for filling |
vacancies in nomination filed pursuant to this Section. |
(d) Unless otherwise specified herein, the nomination and |
special election provided for in this Section shall be governed |
by this Code.
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(10 ILCS 5/25-5) (from Ch. 46, par. 25-5)
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Sec. 25-5.
In accordance with Section 7 of Article V of the |
Illinois Constitution of 1970, if the Attorney General, |
Secretary of State, Comptroller, or Treasurer fails to qualify, |
or if his or her office becomes vacant, the Governor shall fill |
the office by appointment. If there are 28 months or less |
remaining in the term at the time of the vacancy or failure to |
qualify, the appointed officer shall serve for the remainder of |
the term. If there are more than 28 months remaining in the |
term at the time of the vacancy or failure to qualify, the |
office shall be filled by a special election to be held at the |
next general election. In the case of a special election |
pursuant to this Section, the appointed officer shall serve |
until the election results are certified and the person elected |
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at the special election is qualified. Nominations shall be made |
in accordance with Section 7-68 of this Code. For purposes of |
this Section, a special election shall not be held if the |
person elected to the office failed to qualify for a period of |
less than 30 calendar days. The office to be filled by special |
election shall appear on the regular ballot at the general |
election, and shall not require the use of a separate ballot. |
When a vacancy shall occur in the office of Secretary of State, |
State
Comptroller, Treasurer or Attorney General, the Governor |
shall fill the
same by appointment, and the appointee shall |
hold his office during the
remainder of the term, and until his |
successor is elected and qualified.
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(Source: P.A. 78-592.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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