102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1774

 

Introduced 2/17/2021, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-61  from Ch. 46, par. 7-61

    Amends the Election Code. Provides that a vacancy in nomination occurring on or after a caucus held under the Township Code but before the certification of candidates must be filled before the date of certification.


LRB102 14124 SMS 19476 b

 

 

A BILL FOR

 

HB1774LRB102 14124 SMS 19476 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
5Section 7-61 as follows:
 
6    (10 ILCS 5/7-61)  (from Ch. 46, par. 7-61)
7    Sec. 7-61. Whenever a special election is necessary the
8provisions of this Article are applicable to the nomination of
9candidates to be voted for at such special election.
10    In cases where a primary election is required the officer
11or board or commission whose duty it is under the provisions of
12this Act relating to general elections to call an election,
13shall fix a date for the primary for the nomination of
14candidates to be voted for at such special election. Notice of
15such primary shall be given at least 15 days prior to the
16maximum time provided for the filing of petitions for such a
17primary as provided in Section 7-12.
18    Any vacancy in nomination under the provisions of this
19Article 7, including a vacancy in nomination occurring on or
20after a caucus held pursuant to Article 45 of the Township
21Code, occurring on or after the primary or caucus and prior to
22certification of candidates by the certifying board or
23officer, must be filled prior to the date of certification.

 

 

HB1774- 2 -LRB102 14124 SMS 19476 b

1Any vacancy in nomination occurring after certification but
2prior to 15 days before the general election shall be filled
3within 8 days after the event creating the vacancy. The
4resolution filling the vacancy shall be sent by U. S. mail or
5personal delivery to the certifying officer or board within 3
6days of the action by which the vacancy was filled; provided,
7if such resolution is sent by mail and the U. S. postmark on
8the envelope containing such resolution is dated prior to the
9expiration of such 3 day limit, the resolution shall be deemed
10filed within such 3 day limit. Failure to so transmit the
11resolution within the time specified in this Section shall
12authorize the certifying officer or board to certify the
13original candidate. Vacancies shall be filled by the officers
14of a local municipal or township political party as specified
15in subsection (h) of Section 7-8, other than a statewide
16political party, that is established only within a
17municipality or township and the managing committee (or
18legislative committee in case of a candidate for State Senator
19or representative committee in the case of a candidate for
20State Representative in the General Assembly or State central
21committee in the case of a candidate for statewide office,
22including but not limited to the office of United States
23Senator) of the respective political party for the territorial
24area in which such vacancy occurs.
25    The resolution to fill a vacancy in nomination shall be
26duly acknowledged before an officer qualified to take

 

 

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1acknowledgements of deeds and shall include, upon its face,
2the following information:
3    (a) the name of the original nominee and the office
4vacated;
5    (b) the date on which the vacancy occurred;
6    (c) the name and address of the nominee selected to fill
7the vacancy and the date of selection.
8    The resolution to fill a vacancy in nomination shall be
9accompanied by a Statement of Candidacy, as prescribed in
10Section 7-10, completed by the selected nominee and a receipt
11indicating that such nominee has filed a statement of economic
12interests as required by the Illinois Governmental Ethics Act.
13    The provisions of Section 10-8 through 10-10.1 relating to
14objections to certificates of nomination and nomination
15papers, hearings on objections, and judicial review, shall
16apply to and govern objections to resolutions for filling a
17vacancy in nomination.
18    Any vacancy in nomination occurring 15 days or less before
19the consolidated election or the general election shall not be
20filled. In this event, the certification of the original
21candidate shall stand and his or her name shall appear on the
22official ballot to be voted at the general election.
23    A vacancy in nomination occurs when a candidate who has
24been nominated under the provisions of this Article 7 dies
25before the election (whether death occurs prior to, on or
26after the day of the primary), or declines the nomination;

 

 

HB1774- 4 -LRB102 14124 SMS 19476 b

1provided that nominations may become vacant for other reasons.
2    If the name of no established political party candidate
3was printed on the consolidated primary ballot for a
4particular office and if no person was nominated as a write-in
5candidate for such office, a vacancy in nomination shall be
6created which may be filled in accordance with the
7requirements of this Section. If the name of no established
8political party candidate was printed on the general primary
9ballot for a particular office and if no person was nominated
10as a write-in candidate for such office, a vacancy in
11nomination shall be filled only by a person designated by the
12appropriate committee of the political party and only if that
13designated person files nominating petitions with the number
14of signatures required for an established party candidate for
15that office within 75 days after the day of the general
16primary. The circulation period for those petitions begins on
17the day the appropriate committee designates that person. The
18person shall file his or her nominating petitions, statements
19of candidacy, notice of appointment by the appropriate
20committee, and receipt of filing his or her statement of
21economic interests together. These documents shall be filed at
22the same location as provided in Section 7-12. The electoral
23boards having jurisdiction under Section 10-9 to hear and pass
24upon objections to nominating petitions also shall hear and
25pass upon objections to nomination petitions filed by
26candidates under this paragraph.

 

 

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1    A candidate for whom a nomination paper has been filed as a
2partisan candidate at a primary election, and who is defeated
3for his or her nomination at such primary election, is
4ineligible to be listed on the ballot at that general or
5consolidated election as a candidate of another political
6party.
7    A candidate seeking election to an office for which
8candidates of political parties are nominated by caucus who is
9a participant in the caucus and who is defeated for his or her
10nomination at such caucus, is ineligible to be listed on the
11ballot at that general or consolidated election as a candidate
12of another political party.
13    In the proceedings to nominate a candidate to fill a
14vacancy or to fill a vacancy in the nomination, each precinct,
15township, ward, county or congressional district, as the case
16may be, shall through its representative on such central or
17managing committee, be entitled to one vote for each ballot
18voted in such precinct, township, ward, county or
19congressional district, as the case may be, by the primary
20electors of its party at the primary election immediately
21preceding the meeting at which such vacancy is to be filled.
22    For purposes of this Section, the words "certify" and
23"certification" shall refer to the act of officially declaring
24the names of candidates entitled to be printed upon the
25official ballot at an election and directing election
26authorities to place the names of such candidates upon the

 

 

HB1774- 6 -LRB102 14124 SMS 19476 b

1official ballot. "Certifying officers or board" shall refer to
2the local election official, election authority or the State
3Board of Elections, as the case may be, with whom nomination
4papers, including certificates of nomination and resolutions
5to fill vacancies in nomination, are filed and whose duty it is
6to "certify" candidates.
7(Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)