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| Public Act 096-0809 |
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AN ACT concerning elections.
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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 changing Section | ||||
7-61 as follows:
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(10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
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Sec. 7-61. Whenever a special election is necessary the | ||||
provisions of
this Article are applicable to the nomination of | ||||
candidates to be voted
for at such special election.
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In cases where a primary election is required the officer | ||||
or board or
commission whose duty it is under the provisions of | ||||
this Act relating to
general elections to call an election, | ||||
shall fix a date for the primary
for the nomination of | ||||
candidates to be voted for at such special
election. Notice of | ||||
such primary shall be given at least 15 days prior
to the | ||||
maximum time provided for the filing of petitions for such a
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primary as provided in Section 7-12.
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Any vacancy in nomination under the provisions of this | ||||
Article 7
occurring on or after the primary and prior to | ||||
certification of
candidates by the certifying board or officer, | ||||
must be filled prior to the
date of certification. Any vacancy | ||||
in nomination occurring after certification
but prior to 15 | ||||
days before the general election shall be filled within 8 days
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after the event creating the vacancy. The resolution filling | ||
the vacancy shall
be sent by U. S. mail or personal delivery to | ||
the certifying officer or board
within 3 days of the action by | ||
which the vacancy was filled; provided, if such
resolution is | ||
sent by mail and the U. S. postmark on the envelope containing
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such resolution is dated prior to the expiration of such 3 day | ||
limit, the
resolution shall be deemed filed within such 3 day | ||
limit. Failure to so
transmit the resolution within the time | ||
specified in this Section shall
authorize the certifying | ||
officer or board to certify the original candidate.
Vacancies | ||
shall be filled by the officers of a local municipal or | ||
township
political party as specified in subsection (h) of | ||
Section 7-8, other than a
statewide political party, that is | ||
established only within a municipality or
township and the | ||
managing committee (or legislative committee in case of a
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candidate for State Senator or representative committee in the | ||
case of a
candidate for State Representative in the General | ||
Assembly or State central committee in the case of a candidate | ||
for statewide office, including but not limited to the office | ||
of United States Senator) of the respective
political party for | ||
the territorial area in which such vacancy occurs.
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The resolution to fill a vacancy in nomination shall be | ||
duly
acknowledged before an officer qualified to take | ||
acknowledgements of deeds
and shall include, upon its face, the | ||
following information:
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(a) the name of the original nominee and the office | ||
vacated;
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(b) the date on which the vacancy occurred;
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(c) the name and address of the nominee selected to fill | ||
the vacancy and
the date of selection.
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The resolution to fill a 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.
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The provisions of Section 10-8 through 10-10.1 relating to | ||
objections to
certificates of nomination and nomination | ||
papers, hearings on objections,
and judicial review, shall | ||
apply to and govern objections to resolutions
for filling a | ||
vacancy in nomination.
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Any vacancy in nomination occurring 15 days or less before | ||
the consolidated
election or the general election shall not be | ||
filled. In this event, the
certification of the original | ||
candidate shall stand and his name shall
appear on the official | ||
ballot to be voted at the general election.
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A vacancy in nomination occurs when a candidate who has | ||
been
nominated under the provisions of this Article 7 dies | ||
before the
election (whether death occurs prior to, on or after | ||
the day of the
primary), or declines the nomination; provided | ||
that nominations may
become vacant for other reasons.
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If the name of no established political party candidate was | ||
printed on
the consolidated primary ballot for a particular | ||
office
and if no person was nominated as a write-in candidate | ||
for such office,
a vacancy in nomination shall be created which | ||
may be filled in accordance
with the requirements of this | ||
Section. If the name of no established political
party | ||
candidate was printed on the general primary ballot for a | ||
particular
office and if no person was nominated as a write-in | ||
candidate for such office,
a vacancy in nomination shall be | ||
filled only by a person designated by the appropriate committee | ||
of the political party and only if that designated person files | ||
nominating petitions with the number of signatures required for | ||
an established party candidate for that office within 75 days | ||
after the day of the general primary. The circulation period | ||
for those petitions begins on the day the appropriate committee | ||
designates that person. The person shall file his or her | ||
nominating petitions, statements of candidacy, notice of | ||
appointment by the appropriate committee, and receipt of filing | ||
his or her statement of economic interests together. The State | ||
Board of Elections shall hear and pass upon all objections to | ||
nomination petitions filed by candidates under this paragraph. | ||
created, but no candidate of the party for the
office shall be | ||
listed on the ballot at the general election unless such
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vacancy is filled in accordance with the requirements of this | ||
Section within 60
days after the date of the general primary.
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A candidate for whom a nomination paper has been filed as a | ||
partisan
candidate at a primary election, and who is defeated | ||
for his or her
nomination at such primary election, is | ||
ineligible to be listed on the
ballot at that general or | ||
consolidated election as a candidate of another
political | ||
party.
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A candidate seeking election to an office for which | ||
candidates of
political parties are nominated by caucus who is | ||
a participant in the
caucus and who is defeated for his or her | ||
nomination at such caucus, is
ineligible to be listed on the | ||
ballot at that general or consolidated
election as a candidate | ||
of another political party.
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In the proceedings to nominate a candidate to fill a | ||
vacancy or to
fill a vacancy in the nomination, each precinct, | ||
township, ward, county
or congressional district, as the case | ||
may be, shall through its
representative on such central or | ||
managing committee, be entitled to one
vote for each ballot | ||
voted in such precinct, township, ward, county or
congressional | ||
district, as the case may be, by the primary electors of
its | ||
party at the primary election immediately preceding the meeting | ||
at
which such vacancy is to be filled.
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For purposes of this Section, the words "certify" and | ||
"certification"
shall refer to the act of officially declaring | ||
the names of candidates
entitled to be printed upon the | ||
official ballot at an election and
directing election | ||
authorities to place the names of such candidates upon
the | ||
official ballot. "Certifying officers or board" shall refer to | ||
the
local election official, election authority or the State | ||
Board of
Elections, as the case may be, with whom nomination | ||
papers, including
certificates of nomination and resolutions | ||
to fill vacancies in nomination,
are filed and whose duty it is | ||
to "certify" candidates.
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(Source: P.A. 94-645, eff. 8-22-05.)
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