Illinois Compiled Statutes
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10 ILCS 5/7-61
(10 ILCS 5/7-61)
(from Ch. 46, par. 7-61)
Whenever a special election is necessary the provisions of
this Article are applicable to the nomination of candidates to be voted
for at such special election.
In cases where a primary election is required the officer or board or
commission whose duty it is under the provisions of this Act relating to
general elections to call an election, shall fix a date for the primary
for the nomination of candidates to be voted for at such special
election. Notice of such primary shall be given at least 15 days prior
to the maximum time provided for the filing of petitions for such a
primary as provided in Section 7-12.
Any vacancy in nomination under the provisions of this Article 7
occurring on or after the primary and prior to certification of
candidates by the certifying board or officer, 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. The resolution filling the 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
resolution shall be deemed filed within such 3 day limit. Failure to so
transmit the 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 officers of a local municipal or township
political party as specified in subsection (h) of Section 7-8, other than a
statewide political party, that is established only within a municipality or
township and the managing committee (or legislative committee in case of a
candidate for State Senator or representative committee in the case of a
candidate for State Representative in the General Assembly or State central committee in the case of a candidate for statewide office, including but not limited to the office of United States Senator) of the respective
political party for the territorial area in which such vacancy occurs.
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 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
The provisions of Section 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 the consolidated
election or the general 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 general election.
A vacancy in nomination occurs when a candidate who has been
nominated under the provisions of this Article 7 dies before the
election (whether death occurs prior to, on or after the day of the
primary), or declines the nomination; provided that nominations may
become vacant for other reasons.
If the name of no established political party candidate was printed on
the consolidated primary ballot for a particular office
and if no person was nominated as a write-in candidate for such office,
a vacancy in nomination shall be created which may be filled in accordance
with the requirements of this Section. If the name of no established political
party candidate was printed on the general primary ballot for a particular
office and if no person was nominated as a write-in candidate for such office,
a vacancy in nomination shall be filled only by a person designated by the appropriate committee of the political party and only if that designated person files nominating petitions with the number of signatures required for an established party candidate for that office within 75 days after the day of the general primary. The circulation period for those petitions begins on the day the appropriate committee designates that person. The person shall file his or her nominating petitions, statements of candidacy, notice of appointment by the appropriate committee, and receipt of filing his or her statement of economic interests together. These documents shall be filed at the same location as provided in Section 7-12. The electoral boards having jurisdiction under Section 10-9 to hear and pass upon objections to nominating petitions also shall hear and pass upon objections to nomination petitions filed by candidates under this paragraph.
A candidate for whom a nomination paper has been filed as a partisan
candidate at a primary election, and who is defeated for his or her
nomination at such primary election, is ineligible to be listed on the
ballot at that general or consolidated election as a candidate of another
A candidate seeking election to an office for which candidates of
political parties are nominated by caucus who is a participant in the
caucus and who is defeated for his or her nomination at such caucus, is
ineligible to be listed on the ballot at that general or consolidated
election as a candidate of another political party.
In the proceedings to nominate a candidate to fill a vacancy or to
fill a vacancy in the nomination, each precinct, township, ward, county
or congressional district, as the case may be, shall through its
representative on such central or managing committee, be entitled to one
vote for each ballot voted in such precinct, township, ward, county or
congressional district, as the case may be, by the primary electors of
its party at the primary election immediately preceding the meeting at
which such vacancy is to be filled.
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, including
certificates of nomination and resolutions to fill vacancies in nomination,
are filed and whose duty it is to "certify" candidates.
(Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)