HB4820 95TH GENERAL ASSEMBLY

LRB095 15831 JAM 41840 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4820

Introduced , by Rep. Mike Bost

SYNOPSIS AS INTRODUCED:

10 ILCS 5/7A-1

from Ch. 46, par. 7A-1

Amends the Election Code. Requires that a judicial retention declaration be filed 6 months before the next scheduled general election before the expiration of the judge's term (now, on or before the first Monday in December before the general election before the expiration of the judge's term).

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Section 7A-1 as follows:

(10 ILCS 5/7A-1) (from Ch. 46, par. 7A-1)

Sec. 7A-1. Any Supreme, Appellate or Circuit Judge who has been elected to that office and who seeks to be retained in that office under subsection (d) of Section 12 of Article VI of the Constitution shall file a declaration of candidacy to succeed himself in the office of the Secretary of State 6 months on or before the first Monday in December before the next scheduled general election preceding the expiration of his term of office. Within 3 business days thereafter, the Secretary of State shall certify to the State Board of Elections the names of all incumbent judges who were eligible to stand for retention at the next general election but failed to timely file a declaration of candidacy to succeed themselves in office or, having timely filed such a declaration, withdrew it. The State Board of Elections may rely upon the certification from the Secretary of State (a) to determine when vacancies in judicial office exist and (b) to determine the judicial positions for which elections will be held. The Secretary of State, not less than 63 days before the election, shall certify the Judge's candidacy to the proper election officials. The names of Judges seeking retention shall be submitted to the electors, separately and without party designation, on the sole question whether each Judge shall be retained in office for another term. The retention elections shall be conducted at general elections in the appropriate Judicial District, for Supreme and Appellate Judges, and in the circuit for Circuit Judges. The affirmative vote of three-fifths of the electors voting on the question shall elect the Judge to the office for a term commencing on the first Monday in December following his election.

(Source: P.A. 86-1348.)