95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB6733

 

Introduced , by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/2A-1   from Ch. 46, par. 2A-1
10 ILCS 5/16-12 new
10 ILCS 5/19A-15
10 ILCS 5/24A-23 new
10 ILCS 5/24B-21 new
10 ILCS 5/24C-20 new
10 ILCS 5/25-9 new

    Amends the Election Code. Provides for special primaries and elections to fill vacancies following the 2008 general election and occurring on or before January 1, 2009 in the office of United States Senator. Makes implementing and conforming changes. These provisions are repealed on January 1, 2010. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing
5 Sections 2A-1 and 19A-15 and by adding Sections 16-12, 24A-23,
6 24B-21, 24C-20, and 25-9 as follows:
 
7     (10 ILCS 5/2A-1)  (from Ch. 46, par. 2A-1)
8     (Text of Section WITH the changes made by P.A. 89-719,
9 which has been held unconstitutional)
10     Sec. 2A-1. All Elections - Governed by this Code -
11 Construction of Article 2A.
12     (a) No public question may be submitted to any voters in
13 this State, nor may any person be nominated for public office
14 or elected to public or political party office in this State
15 except pursuant to this Code, notwithstanding the provisions of
16 any other statute or municipal charter. However, this Code
17 shall not apply to elections for officers or public questions
18 of local school councils established pursuant to Chapter 34 of
19 the School Code, soil and water conservation districts or
20 drainage districts, except as specifically made applicable by
21 another statute.
22     (b) All elections in this State shall be held in accordance
23 with the consolidated schedule of elections established in

 

 

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1 Sections 2A-1.1 and 2A-1.2. No election may be held on any date
2 other than a date on which an election is scheduled under
3 Section 2A-1.1, except special primaries and special elections
4 pursuant to Section 25-9, special elections to fill
5 congressional vacancies held pursuant to writs of election
6 issued by the Governor, judicial elections to fill vacancies in
7 the office of Supreme Court Judge held pursuant to writs of
8 election issued by the Governor under subsection (a-5) of
9 Section 2A-9, township referenda and votes of the town electors
10 held at the annual town meeting, emergency referenda approved
11 pursuant to Section 2A-1.4, special elections held between
12 January 1, 1995 and July 1, 1995 under Section 34-53 of the
13 School Code, and city, village or incorporated town primary
14 elections in even-numbered years expressly authorized in this
15 Article to provide for annual partisan elections.
16     (c) At the respective elections established in Section
17 2A-1.1, candidates shall be elected to office, nominated for
18 election thereto or placed on the ballot as otherwise required
19 by this Code, and public questions may be submitted, as
20 specified in Section 2A-1.2.
21     (d) If the requirements of Section 2A-1.2 conflict with any
22 specific provision of Sections 2A-2 through 2A-54, as applied
23 to any office or election, the requirements of Section 2A-1.2
24 prevail, and shall be enforced by the State Board of Elections.
25     (e) In the event any court of competent jurisdiction
26 declares an election void, the court may order another election

 

 

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1 without regard to the schedule of elections set forth in this
2 Article.
3 (Source: P.A. 89-719, eff. 3-7-97.)
 
4     (Text of Section WITHOUT the changes made by P.A. 89-719,
5 which has been held unconstitutional)
6     Sec. 2A-1. All Elections - Governed by this Code -
7 Construction of Article 2A.
8     (a) No public question may be submitted to any voters in
9 this State, nor may any person be nominated for public office
10 or elected to public or political party office in this State
11 except pursuant to this Code, notwithstanding the provisions of
12 any other statute or municipal charter. However, this Code
13 shall not apply to elections for officers or public questions
14 of local school councils established pursuant to Chapter 34 of
15 the School Code, soil and water conservation districts or
16 drainage districts, except as specifically made applicable by
17 another statute.
18     (b) All elections in this State shall be held in accordance
19 with the consolidated schedule of elections established in
20 Sections 2A-1.1 and 2A-1.2. No election may be held on any date
21 other than a date on which an election is scheduled under
22 Section 2A-1.1, except special primaries and special elections
23 pursuant to Section 25-9, special elections to fill
24 congressional vacancies held pursuant to writs of election
25 issued by the Governor, township referenda and votes of the

 

 

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1 town electors held at the annual town meeting, emergency
2 referenda approved pursuant to Section 2A-1.4, special
3 elections held between January 1, 1995 and July 1, 1995 under
4 Section 34-53 of the School Code, and city, village or
5 incorporated town primary elections in even-numbered years
6 expressly authorized in this Article to provide for annual
7 partisan elections.
8     (c) At the respective elections established in Section
9 2A-1.1, candidates shall be elected to office, nominated for
10 election thereto or placed on the ballot as otherwise required
11 by this Code, and public questions may be submitted, as
12 specified in Section 2A-1.2.
13     (d) If the requirements of Section 2A-1.2 conflict with any
14 specific provision of Sections 2A-2 through 2A-54, as applied
15 to any office or election, the requirements of Section 2A-1.2
16 prevail, and shall be enforced by the State Board of Elections.
17     (e) In the event any court of competent jurisdiction
18 declares an election void, the court may order another election
19 without regard to the schedule of elections set forth in this
20 Article.
21 (Source: P.A. 88-511.)
 
22     (10 ILCS 5/16-12 new)
23     Sec. 16-12. Separate ballots for 2009 special primary and
24 special election. Notwithstanding any other provision of this
25 Code, an election authority may prepare and use ballots for the

 

 

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1 special primary and special election conducted pursuant to
2 Section 25-9 that are separate from the 2009 consolidated
3 primary and consolidated election ballots. This Section is
4 repealed on January 1, 2010.
 
5     (10 ILCS 5/19A-15)
6     Sec. 19A-15. Period for early voting; hours.
7     (a) The period for early voting by personal appearance
8 begins the 22nd day preceding a general primary, consolidated
9 primary, consolidated, or general election, a special primary
10 conducted pursuant to Section 25-9, or a special election
11 conducted pursuant to Section 25-9 and extends through the 5th
12 day before election day.
13     (b) A permanent polling place for early voting must remain
14 open during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m.
15 to 5:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on
16 Saturdays, Sundays, and holidays.
17 (Source: P.A. 94-645, eff. 8-22-05.)
 
18     (10 ILCS 5/24A-23 new)
19     Sec. 24A-23. Separate ballot cards for 2009 special primary
20 and special election. Notwithstanding any other provision of
21 this Code, an election authority may prepare and use ballot
22 cards for the special primary and special election conducted
23 pursuant to Section 25-9 that are separate from the 2009
24 consolidated primary and consolidated election ballot cards.

 

 

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1 This Section is repealed on January 1, 2010.
 
2     (10 ILCS 5/24B-21 new)
3     Sec. 24B-21. Separate ballot sheets for 2009 special
4 primary and special election. Notwithstanding any other
5 provision of this Code, an election authority may prepare and
6 use ballot sheets for the special primary and special election
7 conducted pursuant to Section 25-9 that are separate from the
8 2009 consolidated primary and consolidated election ballot
9 sheets. This Section is repealed on January 1, 2010.
 
10     (10 ILCS 5/24C-20 new)
11     Sec. 24C-20. Separate ballot screens for 2009 special
12 primary and special election. Notwithstanding any other
13 provision of this Code, an election authority may prepare and
14 use ballot screens for the special primary and special election
15 conducted pursuant to Section 25-9 that are separate from the
16 2009 consolidated primary and consolidated election ballot
17 screens. This Section is repealed on January 1, 2010.
 
18     (10 ILCS 5/25-9 new)
19     Sec. 25-9. Special provisions for filling a vacancy in the
20 office of U. S. Senator.
21     (a) Notwithstanding any other provision of this Code, each
22 vacancy following the 2008 general election and occurring on or
23 before January 1, 2009 in the office of United States Senator

 

 

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1 must be filled in accordance with the provisions of this
2 Section. Any temporary appointment made pursuant to Section
3 25-8 shall expire upon certification of the results of any
4 special election conducted pursuant to this Section.
5     (b) If and only if this amendatory Act of the 95th General
6 Assembly takes effect on or before January 1, 2009, each
7 vacancy in the office of United States Senator occurring on or
8 before January 1, 2009 shall be filled by the people at a
9 special election to be held on the same day as the next
10 consolidated election. Candidates of established political
11 parties shall be nominated for the office to be filled by
12 special election at a primary election to be held on the same
13 day as the next consolidated primary election.
14     (c) If and only if this amendatory Act of the 95th General
15 Assembly takes effect on or after January 2, 2009, each vacancy
16 in the office of United States Senator occurring on or before
17 January 1, 2009 shall be filled by the people at a special
18 election to be held on May 26, 2009. Candidates of established
19 political parties shall be nominated for the office to be
20 filled by special election at a special primary election to be
21 held on the same day as the consolidated election held on April
22 7, 2009.
23     (d) Within 5 days after the effective date of this
24 amendatory Act of the 95th General Assembly, the Governor must
25 issue all writs of election necessary to carry out the
26 provisions of this Section. If the Governor fails to issue all

 

 

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1 such writs within the 5-day period, then the Lieutenant
2 Governor shall issue those writs within 3 days after the end of
3 that 5-day period.
4     (e) If this Section requires that a special primary be
5 conducted at the 2009 consolidated primary within a
6 municipality that by law is permitted to not conduct a
7 consolidated primary, then the special primary required by this
8 Section must nonetheless be conducted in that municipality on
9 the day specified by this Code for the consolidated primary.
10     (f) The State Board of Elections shall by emergency rule
11 establish the time periods with respect to special primaries
12 and special elections required under this Section for (i)
13 circulation and filing of nominating petitions, (ii) filing,
14 hearing, and determination of objections, (iii) certification
15 of candidates, (iv) notification to qualified electors, (v)
16 absentee voting, (vi) canvassing of votes, (vii) declaration of
17 results, and (viii) any other activity required for the conduct
18 of the special primary or special election.
19     (g) This Section is repealed on January 1, 2010.
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.