Public Act 098-1170
 
HB4576 EnrolledLRB098 18016 OMW 53143 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
    Section 5. The Election Code is amended  by adding Section 
7-68 and changing Section 25-5 as follows:
 
    (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 
    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 
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.
 



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



    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 
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.

(Source: P.A. 78-592.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.