(10 ILCS 5/10-11)
(from Ch. 46, par. 10-11)
Any vacancy in the nomination of a new political party
candidate occurring prior to
the date of certification of candidates for the ballot
by the certifying board or officer must be filled prior to the date of certification.
The resolution to fill such
vacancy shall be sent by U.S. mail or personal delivery to the certifying
officer or board within 3 days of the action by which the vacancy was filled;
provided, if such resolution
is sent by mail and the U.S. postmark on the envelope containing such resolution
is dated prior to the expiration of such 3 day limit, the notice or resolution
shall be deemed filed within such 3 day limit. Failure
to so transmit the notice or resolution within the time
specified in this Section shall authorize the certifying officer
or board to certify the original candidate. Vacancies shall be filled
by the new political party officers.
Any vacancy in nomination occurring after certification but prior to 15
days before a regular election shall be filled by the new political
party officers within
8 days after the event creating the vacancy in the manner heretofore prescribed.
The resolution to fill a vacancy in nomination shall be duly
acknowledged before an officer qualified to take acknowledgements of deeds
and shall include, upon its face, the following information:
(a) the name of the original nominee and the office vacated;
(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to fill the vacancy and
the date of selection.
The resolution to fill a vacancy in nomination shall be accompanied by a
Statement of Candidacy, as prescribed in Section 10-5, 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.
The provisions of Sections 10-8 through 10-10.1 relating to objections to
certificates of nomination and nomination papers, hearings on objections,
and judicial review, shall apply to and govern objections to resolutions
for filling a vacancy in nomination.
Any vacancy in nomination occurring 15 days or less before a regular election
shall not be filled. In this event the certification of the original candidate
shall stand and his name shall appear on the official ballot to be voted
at the election.
A vacancy in nomination occurs when a candidate who has been nominated
under the provisions of Section 10-2 dies before the election, or declines
the nomination; provided that nomination may become vacant for other reasons.
However, the provisions of this Section shall not apply to any vacancy
in nomination for a municipal office for which the Municipal Code, as now
or hereafter amended, provides a different method for filling such vacancy,
and the applicable provision of the Municipal Code shall govern in such cases.
Any vacancy in a nomination by caucus of an established political party
for a township or municipal office shall be filled in accordance with Section
7-61 of this Code.
For purposes of this Section, the words "certify" and "certification"
shall refer to the act of officially declaring the names of candidates
entitled to be printed upon the official ballot at an election and
directing election authorities to place the names of such candidates upon
the official ballot. "Certifying officers or board" shall refer to the
local election official, election authority or the State Board of
Elections, as the case may be, with whom nomination papers, certificates of
nomination papers and resolutions to fill vacancies in nomination are filed
and whose duty it is to "certify" candidates.
(Source: P.A. 84-757.)