97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3607

 

Introduced 2/24/2011, by Rep. Sidney H. Mathias - Sandra M. Pihos - Renée Kosel - David Harris - Jil Tracy, et al.

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/2A-1  from Ch. 46, par. 2A-1
10 ILCS 5/2A-3  from Ch. 46, par. 2A-3
10 ILCS 5/25-8  from Ch. 46, par. 25-8

    Amends the Election Code. With respect to vacancies in the office of United States Senator from Illinois, provides that: (i) a vacancy occurring more than 180 days before the next regularly scheduled election to fill that seat shall remain vacant until filled at a special election; and (ii) a vacancy occurring 180 or fewer days before the next regularly scheduled election to fill that seat shall be filled by temporary appointment by the Governor until the conclusion of the vacant term (now, whenever a vacancy occurs it is filled by temporary appointment by the Governor until the next election of United States Representatives).


LRB097 08945 HLH 49078 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3607LRB097 08945 HLH 49078 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
5Sections 2A-1, 2A-3, and 25-8 as follows:
 
6    (10 ILCS 5/2A-1)  (from Ch. 46, par. 2A-1)
7    (Text of Section WITH the changes made by P.A. 89-719,
8which has been held unconstitutional)
9    Sec. 2A-1. All Elections - Governed by this Code -
10Construction of Article 2A.
11    (a) No public question may be submitted to any voters in
12this State, nor may any person be nominated for public office
13or elected to public or political party office in this State
14except pursuant to this Code, notwithstanding the provisions of
15any other statute or municipal charter. However, this Code
16shall not apply to elections for officers or public questions
17of local school councils established pursuant to Chapter 34 of
18the School Code, soil and water conservation districts or
19drainage districts, except as specifically made applicable by
20another statute.
21    (b) All elections in this State shall be held in accordance
22with the consolidated schedule of elections established in
23Sections 2A-1.1 and 2A-1.2. No election may be held on any date

 

 

HB3607- 2 -LRB097 08945 HLH 49078 b

1other than a date on which an election is scheduled under
2Section 2A-1.1, except special elections pursuant to Section
325-8, special elections to fill congressional vacancies held
4pursuant to writs of election issued by the Governor, judicial
5elections to fill vacancies in the office of Supreme Court
6Judge held pursuant to writs of election issued by the Governor
7under subsection (a-5) of Section 2A-9, township referenda and
8votes of the town electors held at the annual town meeting,
9emergency referenda approved pursuant to Section 2A-1.4,
10special elections held between January 1, 1995 and July 1, 1995
11under Section 34-53 of the School Code, and city, village or
12incorporated town primary elections in even-numbered years
13expressly authorized in this Article to provide for annual
14partisan elections.
15    (c) At the respective elections established in Section
162A-1.1, candidates shall be elected to office, nominated for
17election thereto or placed on the ballot as otherwise required
18by this Code, and public questions may be submitted, as
19specified in Section 2A-1.2.
20    (d) If the requirements of Section 2A-1.2 conflict with any
21specific provision of Sections 2A-2 through 2A-54, as applied
22to any office or election, the requirements of Section 2A-1.2
23prevail, and shall be enforced by the State Board of Elections.
24    (e) In the event any court of competent jurisdiction
25declares an election void, the court may order another election
26without regard to the schedule of elections set forth in this

 

 

HB3607- 3 -LRB097 08945 HLH 49078 b

1Article.
2(Source: P.A. 89-719, eff. 3-7-97.)
 
3    (Text of Section WITHOUT the changes made by P.A. 89-719,
4which has been held unconstitutional)
5    Sec. 2A-1. All Elections - Governed by this Code -
6Construction of Article 2A.
7    (a) No public question may be submitted to any voters in
8this State, nor may any person be nominated for public office
9or elected to public or political party office in this State
10except pursuant to this Code, notwithstanding the provisions of
11any other statute or municipal charter. However, this Code
12shall not apply to elections for officers or public questions
13of local school councils established pursuant to Chapter 34 of
14the School Code, soil and water conservation districts or
15drainage districts, except as specifically made applicable by
16another statute.
17    (b) All elections in this State shall be held in accordance
18with the consolidated schedule of elections established in
19Sections 2A-1.1 and 2A-1.2. No election may be held on any date
20other than a date on which an election is scheduled under
21Section 2A-1.1, except special elections pursuant to Section
2225-8, special elections to fill congressional vacancies held
23pursuant to writs of election issued by the Governor, township
24referenda and votes of the town electors held at the annual
25town meeting, emergency referenda approved pursuant to Section

 

 

HB3607- 4 -LRB097 08945 HLH 49078 b

12A-1.4, special elections held between January 1, 1995 and July
21, 1995 under Section 34-53 of the School Code, and city,
3village or incorporated town primary elections in
4even-numbered years expressly authorized in this Article to
5provide for annual partisan elections.
6    (c) At the respective elections established in Section
72A-1.1, candidates shall be elected to office, nominated for
8election thereto or placed on the ballot as otherwise required
9by this Code, and public questions may be submitted, as
10specified in Section 2A-1.2.
11    (d) If the requirements of Section 2A-1.2 conflict with any
12specific provision of Sections 2A-2 through 2A-54, as applied
13to any office or election, the requirements of Section 2A-1.2
14prevail, and shall be enforced by the State Board of Elections.
15    (e) In the event any court of competent jurisdiction
16declares an election void, the court may order another election
17without regard to the schedule of elections set forth in this
18Article.
19(Source: P.A. 88-511.)
 
20    (10 ILCS 5/2A-3)  (from Ch. 46, par. 2A-3)
21    Sec. 2A-3. United States Senator - Time of Election. A
22United States Senator shall be elected at the general election
23immediately preceding the expiration of the term of an
24incumbent United States Senator from this State. A vacancy in
25the office of United States Senator shall be filled as provided

 

 

HB3607- 5 -LRB097 08945 HLH 49078 b

1in Section 25-8.
2(Source: P.A. 80-936.)
 
3    (10 ILCS 5/25-8)  (from Ch. 46, par. 25-8)
4    Sec. 25-8. Vacancy in the office of United States Senator.
5    (a) When a vacancy shall occur in the office of United
6States Senator from this state 180 or fewer days before the
7next regularly scheduled election at which that United States
8Senate seat is scheduled to be filled by election, the Governor
9shall make temporary appointment to fill such vacancy until the
10next election of representatives in Congress, at which time
11such vacancy shall be filled by election, and the senator so
12elected shall take office as soon thereafter as he shall
13receive his certificate of election. The temporary appointment
14shall expire upon conclusion of the term of the vacant office
15of United States Senator.
16    (b) When a vacancy in the office of United States Senator
17from this State occurs more than 180 days before the next
18regularly scheduled election at which that United States Senate
19seat is scheduled to be filled by election, the office shall
20remain vacant until it is filled by election at a special
21election. The Governor, in consultation with the State Board of
22Elections, shall issue writs of election within 5 days after
23the occurrence of that vacancy, appointing (i) a day within 115
24days to hold a special election to fill the vacancy and (ii) a
25day to hold a special primary election for the nomination of

 

 

HB3607- 6 -LRB097 08945 HLH 49078 b

1candidates by established political parties to fill the
2vacancy.
3    (c) The Senator elected pursuant to this Section shall take
4office as soon as he or she shall receive his or her
5certificate of election.
6(Source: Laws 1943, vol. 2, p. 1.)