HB0365ham001 96TH GENERAL ASSEMBLY

Executive Committee

Filed: 3/11/2009

09600HB0365ham001 LRB096 05682 JAM 23647 a

AMENDMENT TO HOUSE BILL 365

AMENDMENT NO. ______. Amend House Bill 365 by replacing everything after the enacting clause with the following:

"Section 5. The Election Code is amended by changing Sections 2A-1, 2A-3, 19A-15, and 25-8 as follows:

(10 ILCS 5/2A-1) (from Ch. 46, par. 2A-1)

(Text of Section WITH the changes made by P.A. 89-719, which has been held unconstitutional)

Sec. 2A-1. All Elections - Governed by this Code - Construction of Article 2A.

(a) No public question may be submitted to any voters in this State, nor may any person be nominated for public office or elected to public or political party office in this State except pursuant to this Code, notwithstanding the provisions of any other statute or municipal charter. However, this Code shall not apply to elections for officers or public questions of local school councils established pursuant to Chapter 34 of the School Code, soil and water conservation districts or drainage districts, except as specifically made applicable by another statute.

(b) All elections in this State shall be held in accordance with the consolidated schedule of elections established in Sections 2A-1.1 and 2A-1.2. No election may be held on any date other than a date on which an election is scheduled under Section 2A-1.1, except a special election pursuant to Section 25-8, special elections to fill congressional vacancies held pursuant to writs of election issued by the Governor, judicial elections to fill vacancies in the office of Supreme Court Judge held pursuant to writs of election issued by the Governor under subsection (a-5) of Section 2A-9, township referenda and votes of the town electors held at the annual town meeting, emergency referenda approved pursuant to Section 2A-1.4, special elections held between January 1, 1995 and July 1, 1995 under Section 34-53 of the School Code, and city, village or incorporated town primary elections in even-numbered years expressly authorized in this Article to provide for annual partisan elections.

(c) At the respective elections established in Section 2A-1.1, candidates shall be elected to office, nominated for election thereto or placed on the ballot as otherwise required by this Code, and public questions may be submitted, as specified in Section 2A-1.2.

(d) If the requirements of Section 2A-1.2 conflict with any specific provision of Sections 2A-2 through 2A-54, as applied to any office or election, the requirements of Section 2A-1.2 prevail, and shall be enforced by the State Board of Elections.

(e) In the event any court of competent jurisdiction declares an election void, the court may order another election without regard to the schedule of elections set forth in this Article.

(Source: P.A. 89-719, eff. 3-7-97.)

(Text of Section WITHOUT the changes made by P.A. 89-719, which has been held unconstitutional)

Sec. 2A-1. All Elections - Governed by this Code - Construction of Article 2A.

(a) No public question may be submitted to any voters in this State, nor may any person be nominated for public office or elected to public or political party office in this State except pursuant to this Code, notwithstanding the provisions of any other statute or municipal charter. However, this Code shall not apply to elections for officers or public questions of local school councils established pursuant to Chapter 34 of the School Code, soil and water conservation districts or drainage districts, except as specifically made applicable by another statute.

(b) All elections in this State shall be held in accordance with the consolidated schedule of elections established in Sections 2A-1.1 and 2A-1.2. No election may be held on any date other than a date on which an election is scheduled under Section 2A-1.1, except a special election pursuant to Section 25-8, special elections to fill congressional vacancies held pursuant to writs of election issued by the Governor, township referenda and votes of the town electors held at the annual town meeting, emergency referenda approved pursuant to Section 2A-1.4, special elections held between January 1, 1995 and July 1, 1995 under Section 34-53 of the School Code, and city, village or incorporated town primary elections in even-numbered years expressly authorized in this Article to provide for annual partisan elections.

(c) At the respective elections established in Section 2A-1.1, candidates shall be elected to office, nominated for election thereto or placed on the ballot as otherwise required by this Code, and public questions may be submitted, as specified in Section 2A-1.2.

(d) If the requirements of Section 2A-1.2 conflict with any specific provision of Sections 2A-2 through 2A-54, as applied to any office or election, the requirements of Section 2A-1.2 prevail, and shall be enforced by the State Board of Elections.

(e) In the event any court of competent jurisdiction declares an election void, the court may order another election without regard to the schedule of elections set forth in this Article.

(Source: P.A. 88-511.)

(10 ILCS 5/2A-3) (from Ch. 46, par. 2A-3)

Sec. 2A-3. United States Senator - Time of Election. A United States Senator shall be elected at the general election immediately preceding the expiration of the term of an incumbent United States Senator from this State. A vacancy in the office of United States Senator filled by temporary appointment made prior to the effective date of this amendatory Act of the 96th General Assembly shall be filled as provided in Section 25-8.

(Source: P.A. 80-936.)

(10 ILCS 5/19A-15)

Sec. 19A-15. Period for early voting; hours.

(a) The period for early voting by personal appearance begins the 22nd day preceding a general primary, consolidated primary, consolidated election, or general election, or special election conducted pursuant to Section 25-8 and extends through the 5th day before election day.

(b) A permanent polling place for early voting must remain open during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on Saturdays, Sundays, and holidays.

(Source: P.A. 94-645, eff. 8-22-05.)

(10 ILCS 5/25-8) (from Ch. 46, par. 25-8)

Sec. 25-8. Vacancy in the office of United States Senator.

(a) When a vacancy shall occur in the office of United States Senator from this state, the Governor shall make temporary appointment to fill such vacancy until the next election of representatives in Congress, at which time such vacancy shall be filled by election, and the senator so elected shall take office as soon thereafter as he shall receive his certificate of election.

(b) If the regular election described in subsection (a) to fill a vacancy for which a temporary appointment was made prior to the effective date of this amendatory Act of the 96th General Assembly is scheduled to occur more than 180 days after the effective date of this amendatory Act of the 96th General Assembly, the Governor shall issue a writ of election within 5 days after the effective date of this amendatory Act of the 96th General Assembly to the State Board of Elections appointing a day within 115 days to hold a special election to fill such vacancy. The term of the person with the temporary appointment shall expire upon certification of the results of a special election conducted pursuant to this subsection. The person elected pursuant to this subsection shall take office as soon as he or she receives a certificate of election.

(Source: Laws 1943, vol. 2, p. 1.)

Section 99. Effective date. This Act takes effect upon becoming law.".