| ||||
| Public Act 098-1170 | ||||
| ||||
| ||||
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.
| ||