Full Text of SB0285 96th General Assembly
SB0285sam001 96TH GENERAL ASSEMBLY
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Sen. Matt Murphy
Filed: 2/24/2009
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09600SB0285sam001 |
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SRS096 00011 JEJ 10011 a |
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| AMENDMENT TO SENATE BILL 285
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| AMENDMENT NO. ______. Amend Senate Bill 285 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Sections 2A-1, 2A-3, 19A-15, and 25-8 and by adding Sections | 6 |
| 16-12, 24A-23, 24B-21, and 24C-20 as follows:
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| (10 ILCS 5/2A-1) (from Ch. 46, par. 2A-1)
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| (Text of Section WITH the changes made by P.A. 89-719, | 9 |
| which has been
held unconstitutional)
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| Sec. 2A-1.
All Elections - Governed by this Code - | 11 |
| Construction of
Article 2A.
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| (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 |
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| shall not apply to elections for officers or public
questions | 2 |
| of local school councils established pursuant to Chapter 34 of
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| the School Code, soil and water conservation districts or | 4 |
| drainage
districts, except as specifically made applicable by | 5 |
| another statute.
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| (b) All elections in this State shall be held in accordance | 7 |
| with the
consolidated schedule of elections established in | 8 |
| Sections 2A-1.1 and
2A-1.2. No election may be held on any date | 9 |
| other than a date on which
an election is scheduled under | 10 |
| Section 2A-1.1, except special primaries and special elections | 11 |
| pursuant to Section 25-8, special elections
to fill | 12 |
| congressional vacancies held pursuant to writs of election
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| issued by the Governor, judicial elections to fill vacancies in | 14 |
| the office of
Supreme Court Judge held pursuant to writs of | 15 |
| election issued by the
Governor under subsection (a-5) of | 16 |
| Section 2A-9, township referenda and votes
of the town electors
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| held at the annual town meeting, emergency referenda approved | 18 |
| pursuant to
Section 2A-1.4, special elections held between | 19 |
| January 1, 1995 and July 1,
1995 under Section 34-53 of the | 20 |
| School Code, and city, village or
incorporated town primary | 21 |
| elections in
even-numbered years expressly authorized in this | 22 |
| Article to provide for
annual partisan elections.
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| (c) At the respective elections established in Section | 24 |
| 2A-1.1,
candidates shall be elected to office, nominated for | 25 |
| election thereto or
placed on the ballot as otherwise required | 26 |
| by this Code, and public
questions may be submitted, as |
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| specified in Section 2A-1.2.
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| (d) If the requirements of Section 2A-1.2 conflict with any | 3 |
| specific
provision of Sections 2A-2 through 2A-54, as applied | 4 |
| to any office or
election, the requirements of Section 2A-1.2 | 5 |
| prevail, and shall be
enforced by the State Board of Elections.
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| (e) In the event any court of competent jurisdiction | 7 |
| declares an
election void, the court may order another election | 8 |
| without regard to
the schedule of elections set forth in this | 9 |
| Article.
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| (Source: P.A. 89-719, eff. 3-7-97 .)
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| (Text of Section WITHOUT the changes made by P.A. 89-719, | 12 |
| which has been
held unconstitutional)
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| Sec. 2A-1.
All Elections - Governed by this Code - | 14 |
| Construction of
Article 2A.
| 15 |
| (a) No public question may be submitted to any voters in | 16 |
| this State, nor
may any person be nominated for public office | 17 |
| or elected to public or
political party office in this State | 18 |
| except pursuant to this Code,
notwithstanding the provisions of | 19 |
| any other statute or municipal charter.
However, this Code | 20 |
| shall not apply to elections for officers or public
questions | 21 |
| of local school councils established pursuant to Chapter 34 of
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| the School Code, soil and water conservation districts or | 23 |
| drainage
districts, except as specifically made applicable by | 24 |
| another statute.
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| (b) All elections in this State shall be held in accordance |
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SRS096 00011 JEJ 10011 a |
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| with the
consolidated schedule of elections established in | 2 |
| Sections 2A-1.1 and
2A-1.2. No election may be held on any date | 3 |
| other than a date on which
an election is scheduled under | 4 |
| Section 2A-1.1, except special primaries and special elections | 5 |
| pursuant to Section 25-8, special elections
to fill | 6 |
| congressional vacancies held pursuant to writs of election
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| issued by the Governor, township referenda and votes of the | 8 |
| town electors
held at the annual town meeting, emergency | 9 |
| referenda approved pursuant to
Section 2A-1.4, special | 10 |
| elections held between January 1, 1995 and July 1,
1995 under | 11 |
| Section 34-53 of the School Code, and city, village or | 12 |
| incorporated
town primary elections in even-numbered years | 13 |
| expressly authorized in this
Article to provide for annual | 14 |
| partisan elections.
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| (c) At the respective elections established in Section | 16 |
| 2A-1.1,
candidates shall be elected to office, nominated for | 17 |
| election thereto or
placed on the ballot as otherwise required | 18 |
| by this Code, and public
questions may be submitted, as | 19 |
| specified in Section 2A-1.2.
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| (d) If the requirements of Section 2A-1.2 conflict with any | 21 |
| specific
provision of Sections 2A-2 through 2A-54, as applied | 22 |
| to any office or
election, the requirements of Section 2A-1.2 | 23 |
| prevail, and shall be
enforced by the State Board of Elections.
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| (e) In the event any court of competent jurisdiction | 25 |
| declares an
election void, the court may order another election | 26 |
| without regard to
the schedule of elections set forth in this |
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SRS096 00011 JEJ 10011 a |
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| Article.
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| (Source: P.A. 88-511.)
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| (10 ILCS 5/2A-3) (from Ch. 46, par. 2A-3)
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| Sec. 2A-3. United States Senator - Time of Election. A | 5 |
| United States
Senator shall be elected at the general election | 6 |
| immediately preceding
the expiration of the term of an | 7 |
| incumbent United States Senator from
this State. A vacancy in | 8 |
| the office of United States Senator shall be filled as provided | 9 |
| in Section 25-8.
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| (Source: P.A. 80-936.)
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| (10 ILCS 5/16-12 new) | 12 |
| Sec. 16-12. Separate ballots for 2009 special primary and | 13 |
| special election. Notwithstanding any other provision of this | 14 |
| Code, an election authority may prepare and use ballots for the | 15 |
| special primary and special election conducted pursuant to | 16 |
| Section 25-8(c) that are separate from the 2009 consolidated | 17 |
| election ballots. This Section is repealed on January 1, 2010. | 18 |
| (10 ILCS 5/19A-15)
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| Sec. 19A-15. Period for early voting; hours.
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| (a) The period for early voting by personal appearance | 21 |
| begins the 22nd day preceding a general primary, consolidated | 22 |
| primary, consolidated, or
general election , special primary | 23 |
| conducted pursuant to Section 25-8(c), or special election |
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| conducted pursuant to Section 25-8(c) and extends through the | 2 |
| 5th day before election day.
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| (b) A permanent polling place for early voting must remain | 4 |
| open during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. | 5 |
| to 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on | 6 |
| Saturdays, Sundays, and holidays.
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| (Source: P.A. 94-645, eff. 8-22-05.) | 8 |
| (10 ILCS 5/24A-23 new) | 9 |
| Sec. 24A-23. Separate ballot cards for 2009 special primary | 10 |
| and special election. Notwithstanding any other provision of | 11 |
| this Code, an election authority may prepare and use ballot | 12 |
| cards for the special primary and special election conducted | 13 |
| pursuant to Section 25-8(c) that are separate from the 2009 | 14 |
| consolidated election ballot cards. This Section is repealed on | 15 |
| January 1, 2010. | 16 |
| (10 ILCS 5/24B-21 new) | 17 |
| Sec. 24B-21. Separate ballot sheets for 2009 special | 18 |
| primary and special election. Notwithstanding any other | 19 |
| provision of this Code, an election authority may prepare and | 20 |
| use ballot sheets for the special primary and special election | 21 |
| conducted pursuant to Section 25-8(c) that are separate from | 22 |
| the 2009 consolidated election ballot sheets. This Section is | 23 |
| repealed on January 1, 2010. |
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| (10 ILCS 5/24C-20 new) | 2 |
| Sec. 24C-20. Separate ballot screens for 2009 special | 3 |
| primary and special election. Notwithstanding any other | 4 |
| provision of this Code, an election authority may prepare and | 5 |
| use ballot screens for the special primary and special election | 6 |
| conducted pursuant to Section 25-8(c) that are separate from | 7 |
| the 2009 consolidated election ballot screens. This Section is | 8 |
| repealed on January 1, 2010.
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| (10 ILCS 5/25-8) (from Ch. 46, par. 25-8)
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| Sec. 25-8. Vacancy in the office of United States Senator. | 11 |
| (a) When a vacancy shall occur in the office of United | 12 |
| States
Senator from this state on or before the 2008 general | 13 |
| election , the Governor shall make temporary appointment to
fill | 14 |
| such vacancy until the next election of representatives in | 15 |
| Congress,
at which time such vacancy shall be filled by | 16 |
| election, and the senator so
elected shall take office as soon | 17 |
| thereafter as he shall receive his
certificate of election.
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| (b) Except as provided in subsection (c), when a vacancy | 19 |
| shall occur in the office of United States Senator from this | 20 |
| State after the 2008 general election and more than 180 days | 21 |
| before the next general election at which there will be elected | 22 |
| a United States Senator from this State to fill the seat which | 23 |
| was vacated, the Governor shall issue a writ of election within | 24 |
| 5 days after the occurrence of that vacancy, appointing a day | 25 |
| within 115 days to hold a special election to fill such |
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| vacancy. | 2 |
| (c) Notwithstanding any other provision of this Code, any | 3 |
| vacancy that occurred in November 2008, following the 2008 | 4 |
| general election, whether or not a temporary appointment was | 5 |
| made to fill the vacancy in accordance with subsection (a), in | 6 |
| the office of United States Senator must be filled in | 7 |
| accordance with the provisions of this subsection (c). Any | 8 |
| temporary appointment made pursuant to subsection (a) shall | 9 |
| expire upon certification of the results of any special | 10 |
| election conducted pursuant to this subsection (c). | 11 |
| (1) Any vacancy in the office of United States Senator | 12 |
| that occurred following the 2008 general election, whether | 13 |
| or not filled by temporary appointment pursuant to | 14 |
| subsection (a), shall be filled by the people at a special | 15 |
| election to be held on May 26, 2009. Candidates of | 16 |
| established political parties shall be nominated for the | 17 |
| office to be filled by special election at a primary | 18 |
| election to be held on the same day as the 2009 | 19 |
| consolidated election. | 20 |
| (2) Within 5 days after the effective date of this | 21 |
| amendatory Act of the 96th General Assembly, the Governor | 22 |
| must issue any writs of election necessary to carry out the | 23 |
| provisions of this subsection (c). | 24 |
| (3) The State Board of Elections shall by emergency | 25 |
| rule establish the time periods with respect to special | 26 |
| primaries and special elections required under this |
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| subsection (c) for (i) circulation and filing of nominating | 2 |
| petitions for established political party candidates, | 3 |
| independent candidates, and new political party | 4 |
| candidates, (ii) filing, hearing, and determination of | 5 |
| objections, (iii) certification of candidates, (iv) | 6 |
| notification to qualified electors, (v) absentee voting, | 7 |
| (vi) canvassing of votes, (vii) declaration of results, and | 8 |
| (viii) any other activity required for the conduct of the | 9 |
| special primary or special election. | 10 |
| (4) If this amendatory Act of the 96th General Assembly | 11 |
| becomes effective on or after April 7, 2009, the Governor | 12 |
| shall issue a writ of election within 5 days after the | 13 |
| effective date of this amendatory Act, appointing a day | 14 |
| within 115 days to hold a special election to fill such | 15 |
| vacancy. | 16 |
| (Source: Laws 1943, vol. 2, p. 1.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.".
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