SB0285sam001 96TH GENERAL ASSEMBLY

Sen. Matt Murphy

Filed: 2/24/2009

09600SB0285sam001 SRS096 00011 JEJ 10011 a

AMENDMENT TO SENATE BILL 285

AMENDMENT NO. ______. Amend Senate Bill 285 by replacing everything after the enacting clause with the following:

"Section 5. The Election Code is amended by changing Sections 2A-1, 2A-3, 19A-15, and 25-8 and by adding Sections 16-12, 24A-23, 24B-21, and 24C-20 as follows:

(10 ILCS 5/2A-1) (from Ch. 46, par. 2A-1)

(Text of Section WITH the changes made by P.A. 89-719, which has been held unconstitutional)

Sec. 2A-1. All Elections - Governed by this Code - Construction of Article 2A.

(a) No public question may be submitted to any voters in this State, nor may any person be nominated for public office or elected to public or political party office in this State except pursuant to this Code, notwithstanding the provisions of any other statute or municipal charter. However, this Code shall not apply to elections for officers or public questions of local school councils established pursuant to Chapter 34 of the School Code, soil and water conservation districts or drainage districts, except as specifically made applicable by another statute.

(b) All elections in this State shall be held in accordance with the consolidated schedule of elections established in Sections 2A-1.1 and 2A-1.2. No election may be held on any date other than a date on which an election is scheduled under Section 2A-1.1, except special primaries and special elections pursuant to Section 25-8, special elections to fill congressional vacancies held pursuant to writs of election issued by the Governor, judicial elections to fill vacancies in the office of Supreme Court Judge held pursuant to writs of election issued by the Governor under subsection (a-5) of Section 2A-9, township referenda and votes of the town electors held at the annual town meeting, emergency referenda approved pursuant to Section 2A-1.4, special elections held between January 1, 1995 and July 1, 1995 under Section 34-53 of the School Code, and city, village or incorporated town primary elections in even-numbered years expressly authorized in this Article to provide for annual partisan elections.

(c) At the respective elections established in Section 2A-1.1, candidates shall be elected to office, nominated for election thereto or placed on the ballot as otherwise required by this Code, and public questions may be submitted, as specified in Section 2A-1.2.

(d) If the requirements of Section 2A-1.2 conflict with any specific provision of Sections 2A-2 through 2A-54, as applied to any office or election, the requirements of Section 2A-1.2 prevail, and shall be enforced by the State Board of Elections.

(e) In the event any court of competent jurisdiction declares an election void, the court may order another election without regard to the schedule of elections set forth in this Article.

(Source: P.A. 89-719, eff. 3-7-97.)

(Text of Section WITHOUT the changes made by P.A. 89-719, which has been held unconstitutional)

Sec. 2A-1. All Elections - Governed by this Code - Construction of Article 2A.

(a) No public question may be submitted to any voters in this State, nor may any person be nominated for public office or elected to public or political party office in this State except pursuant to this Code, notwithstanding the provisions of any other statute or municipal charter. However, this Code shall not apply to elections for officers or public questions of local school councils established pursuant to Chapter 34 of the School Code, soil and water conservation districts or drainage districts, except as specifically made applicable by another statute.

(b) All elections in this State shall be held in accordance with the consolidated schedule of elections established in Sections 2A-1.1 and 2A-1.2. No election may be held on any date other than a date on which an election is scheduled under Section 2A-1.1, except special primaries and special elections pursuant to Section 25-8, special elections to fill congressional vacancies held pursuant to writs of election issued by the Governor, township referenda and votes of the town electors held at the annual town meeting, emergency referenda approved pursuant to Section 2A-1.4, special elections held between January 1, 1995 and July 1, 1995 under Section 34-53 of the School Code, and city, village or incorporated town primary elections in even-numbered years expressly authorized in this Article to provide for annual partisan elections.

(c) At the respective elections established in Section 2A-1.1, candidates shall be elected to office, nominated for election thereto or placed on the ballot as otherwise required by this Code, and public questions may be submitted, as specified in Section 2A-1.2.

(d) If the requirements of Section 2A-1.2 conflict with any specific provision of Sections 2A-2 through 2A-54, as applied to any office or election, the requirements of Section 2A-1.2 prevail, and shall be enforced by the State Board of Elections.

(e) In the event any court of competent jurisdiction declares an election void, the court may order another election without regard to the schedule of elections set forth in this Article.

(Source: P.A. 88-511.)

(10 ILCS 5/2A-3) (from Ch. 46, par. 2A-3)

Sec. 2A-3. United States Senator - Time of Election. A United States Senator shall be elected at the general election immediately preceding the expiration of the term of an incumbent United States Senator from this State. A vacancy in the office of United States Senator shall be filled as provided in Section 25-8.

(Source: P.A. 80-936.)

(10 ILCS 5/16-12 new)

Sec. 16-12. Separate ballots for 2009 special primary and special election. Notwithstanding any other provision of this Code, an election authority may prepare and use ballots for the special primary and special election conducted pursuant to Section 25-8(c) that are separate from the 2009 consolidated election ballots. This Section is repealed on January 1, 2010.

(10 ILCS 5/19A-15)

Sec. 19A-15. Period for early voting; hours.

(a) The period for early voting by personal appearance begins the 22nd day preceding a general primary, consolidated primary, consolidated, or general election, special primary conducted pursuant to Section 25-8(c), or special election conducted pursuant to Section 25-8(c) and extends through the 5th day before election day.

(b) A permanent polling place for early voting must remain open during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on Saturdays, Sundays, and holidays.

(Source: P.A. 94-645, eff. 8-22-05.)

(10 ILCS 5/24A-23 new)

Sec. 24A-23. Separate ballot cards for 2009 special primary and special election. Notwithstanding any other provision of this Code, an election authority may prepare and use ballot cards for the special primary and special election conducted pursuant to Section 25-8(c) that are separate from the 2009 consolidated election ballot cards. This Section is repealed on January 1, 2010.

(10 ILCS 5/24B-21 new)

Sec. 24B-21. Separate ballot sheets for 2009 special primary and special election. Notwithstanding any other provision of this Code, an election authority may prepare and use ballot sheets for the special primary and special election conducted pursuant to Section 25-8(c) that are separate from the 2009 consolidated election ballot sheets. This Section is repealed on January 1, 2010.

(10 ILCS 5/24C-20 new)

Sec. 24C-20. Separate ballot screens for 2009 special primary and special election. Notwithstanding any other provision of this Code, an election authority may prepare and use ballot screens for the special primary and special election conducted pursuant to Section 25-8(c) that are separate from the 2009 consolidated election ballot screens. This Section is repealed on January 1, 2010.

(10 ILCS 5/25-8) (from Ch. 46, par. 25-8)

Sec. 25-8. Vacancy in the office of United States Senator.

(a) When a vacancy shall occur in the office of United States Senator from this state on or before the 2008 general election, the Governor shall make temporary appointment to fill such vacancy until the next election of representatives in Congress, at which time such vacancy shall be filled by election, and the senator so elected shall take office as soon thereafter as he shall receive his certificate of election.

(b) Except as provided in subsection (c), when a vacancy shall occur in the office of United States Senator from this State after the 2008 general election and more than 180 days before the next general election at which there will be elected a United States Senator from this State to fill the seat which was vacated, the Governor shall issue a writ of election within 5 days after the occurrence of that vacancy, appointing a day within 115 days to hold a special election to fill such vacancy.

(c) Notwithstanding any other provision of this Code, any vacancy that occurred in November 2008, following the 2008 general election, whether or not a temporary appointment was made to fill the vacancy in accordance with subsection (a), in the office of United States Senator must be filled in accordance with the provisions of this subsection (c). Any temporary appointment made pursuant to subsection (a) shall expire upon certification of the results of any special election conducted pursuant to this subsection (c).

(1) Any vacancy in the office of United States Senator that occurred following the 2008 general election, whether or not filled by temporary appointment pursuant to subsection (a), shall be filled by the people at a special election to be held on May 26, 2009. Candidates of established political parties shall be nominated for the office to be filled by special election at a primary election to be held on the same day as the 2009 consolidated election.

(2) Within 5 days after the effective date of this amendatory Act of the 96th General Assembly, the Governor must issue any writs of election necessary to carry out the provisions of this subsection (c).

(3) The State Board of Elections shall by emergency rule establish the time periods with respect to special primaries and special elections required under this subsection (c) for (i) circulation and filing of nominating petitions for established political party candidates, independent candidates, and new political party candidates, (ii) filing, hearing, and determination of objections, (iii) certification of candidates, (iv) notification to qualified electors, (v) absentee voting, (vi) canvassing of votes, (vii) declaration of results, and (viii) any other activity required for the conduct of the special primary or special election.

(4) If this amendatory Act of the 96th General Assembly becomes effective on or after April 7, 2009, the Governor shall issue a writ of election within 5 days after the effective date of this amendatory Act, appointing a day within 115 days to hold a special election to fill such vacancy.

(Source: Laws 1943, vol. 2, p. 1.)

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