100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4176

 

Introduced , by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7A-1  from Ch. 46, par. 7A-1

    Amends the Election Code. Provides that no judge or former judge may submit his or her candidacy for a vacancy in a judicial office by any method other than seeking retention in his or her office, unless that judge or former judge is seeking judicial office in a higher or lower court or he or she has not served as an elected or appointed judge for at least 2 years.


LRB100 15836 RJF 30947 b

 

 

A BILL FOR

 

HB4176LRB100 15836 RJF 30947 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
57A-1 as follows:
 
6    (10 ILCS 5/7A-1)  (from Ch. 46, par. 7A-1)
7    Sec. 7A-1. Any Supreme, Appellate or Circuit Judge who has
8been elected to that office and who seeks to be retained in
9that office under subsection (d) of Section 12 of Article VI of
10the Constitution shall file a declaration of candidacy to
11succeed himself or herself in the office of the Secretary of
12State not less than 6 months before the general election
13preceding the expiration of his term of office. No judge or
14former judge may submit his or her candidacy for a vacancy in a
15judicial office by any method other than seeking retention in
16his or her office, unless that judge or former judge is seeking
17judicial office in a higher or lower court or he or she has not
18served as elected or appointed judge for at least 2 years.
19Within 3 business days thereafter, the Secretary of State shall
20certify to the State Board of Elections the names of all
21incumbent judges who were eligible to stand for retention at
22the next general election but failed to timely file a
23declaration of candidacy to succeed themselves in office or,

 

 

HB4176- 2 -LRB100 15836 RJF 30947 b

1having timely filed such a declaration, withdrew it. The State
2Board of Elections may rely upon the certification from the
3Secretary of State (a) to determine when vacancies in judicial
4office exist and (b) to determine the judicial positions for
5which elections will be held. The Secretary of State, not less
6than 63 days before the election, shall certify the Judge's
7candidacy to the proper election officials. The names of Judges
8seeking retention shall be submitted to the electors,
9separately and without party designation, on the sole question
10whether each Judge shall be retained in office for another
11term. The retention elections shall be conducted at general
12elections in the appropriate Judicial District, for Supreme and
13Appellate Judges, and in the circuit for Circuit Judges. The
14affirmative vote of three-fifths of the electors voting on the
15question shall elect the Judge to the office for a term
16commencing on the first Monday in December following his or her
17election.
18    Upon certification of a Judge's candidacy for retention by
19the Secretary of State, the judicial candidate may file a
20written request with the Secretary of State for redaction of
21the judicial candidate's home address information from the
22candidate's declaration of candidacy for retention. After
23receipt of the candidate's written request, the Secretary of
24State shall redact or cause redaction of the judicial
25candidate's home address from the candidate's declaration of
26candidacy for retention within 5 business days. For the

 

 

HB4176- 3 -LRB100 15836 RJF 30947 b

1purposes of this subsection, "home address" has the meaning as
2defined in Section 1-10 of the Judicial Privacy Act.
3(Source: P.A. 96-886, eff. 1-1-11; 97-847, eff. 9-22-12.)